Englewood Herald 1022

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October 22, 2020

ARAPAHOE COUNTY, COLORADO

A publication of

EnglewoodHerald.net

VOLUME 100 | ISSUE 35

Arapahoe, Adams get tougher health orders Public gatherings limited in attempt to blunt latest COVID-19 spike

BY ELLIS ARNOLD EARNOLD@COLORADOCOMMUNITYMEDIA.COM

In what could be a preview of restrictions to come, Tri-County Health Department announced public health orders for Arapahoe and Adams counties that moves up the last call for alcohol and tightens limits on personal gatherings — and, for Adams, prohibits spectators at high school sporting events and at adult recreational and league sports.

Since early September, Arapahoe, Adams and Douglas counties saw their first notably sustained increases in rates of new COVID-19 cases since July, according to Tri-County, the local health agency for those counties.

The agency warned earlier in October that the three counties must slow the spread or face tighter restrictions.

Tri-County issued its orders on Oct. 16 in an attempt to slow the spread in Adams and Arapahoe and keep those counties from moving to even more restrictions under the state’s safer-at-home order, which would mean reduced capacity for businesses, places of worship and gatherings. If virus spread in a county becomes dire enough, it could ultimately be placed under a stay-at-home order like the ones in effect last spring.

Douglas County’s trend is more concerning than Tri-County would like, but it wasn’t alarming enough to

Bob and Daneen Terrell stand beside Carousel Emporium’s namesake carousel horse. The couple opened the artsy curio shop on South Broadway in August.

PHOTOS BY DAVID GILBERT

A place for art and creativity Shop owners Daneen and Bob Terrell are eager to bring in neighbors

BY DAVID GILBERT DGILBERT@COLORADOCOMMUNITYMEDIA.COM

It’s tough to say exactly what Carousel Emporium is.

Is it an antique shop? A makerspace? A consignment shop? An art gallery? A community gathering place?

How about all of the above?

SEE ORDERS, P2

INSIDE: VOICES: PAGE 12 | LIFE: PAGE 14 | CALENDAR: PAGE 17

SEE EMPORIUM, P6

One of Bob Terrell’s many antique radios. Carousel Emporium has a midcentury modern flair.

DON’T BE TRICKED

There are plenty of ways to have a happy Halloween amid the pandemic

P14

2 The Herald

ORDERS FROM PAGE 1

warrant a new public health order there, said John Douglas, Tri-County’s executive director.

“No one wants to see our communities and economy return to the widespread shutdowns we had this past spring,” Nancy Sharpe, Arapahoe County Board of Commissioners chair, said in a news release. “If we implement these mitigation measures now, we may be able to reverse these trends.”

Douglas, the health chief, said national officials project a “pretty good chance” that by the end of the year, a vaccine could be available for health care workers and first responders.

“The major message here is these are times that will challenge us — times we are sort of appealing to the community for resilience,” Douglas said. He added: “If we can make it through the holiday season or the winter, I think we’ll be getting to a place where vaccines can help us get through the epidemic.”

The “hottest spots” for the rise in new cases are northwest Aurora and southwest Adams County — the region occupied by Thornton, Northglenn, Federal Heights and portions of unincorporated Adams County, according to Douglas.

“But rates are up across the counties,” Douglas said, adding that “all boats have been lifted.”

Changes for Arapahoe The public health order for Arapahoe County went into effect at 11 p.m. Oct. 16 and expires at the end of Nov. 1 unless amended or extended.

It requires the following changes for

October 22, 2020O

Why are changes happening now?

residents and businesses: • All alcohol sales at restaurants and bars in the county will end at 11 p.m. instead of midnight. That includes alcohol sales for on-premises consumption and for takeout.

• Personal gatherings such as groupings of families, friends and neighbors are restricted to 10 people or fewer instead of the 25-person limit Arapahoe County has operated under for roughly the past month.

That limit is part of the new leastrestrictive level of Colorado’s saferat-home order, which Arapahoe, Douglas and Elbert counties qualified for in mid-September. Nothing in Tri-County’s order prohibits gather-

ings of members living in the same household.

• “Noncritical” office-based businesses are encouraged to increase options for working from home and to reduce in-person work to the greatest extent possible.

“Critical businesses” likely have the same definition as they do in Colorado’s updated safer-at-home order, the policy that came after the statewide stay-at-home order this spring. The public can view that order at tinyurl. com/UpdatedSaferatHome.

Changes for Adams The public health order for Adams County went into effect at 9 p.m. Oct. 16 and expires at the end of Nov. 1 unless amended or extended. It requires the following changes for residents and businesses: • Spectators are prohibited at Colorado High School Activities Association-sanctioned sporting events and at adult recreational and league sports.

• Organized recreational and league youth sports are limited to 25 people per field, including spectators. Coaches and referees are excluded from the 25-person limit.

• Personal indoor gatherings are limited to no more than five people.

Outdoor personal gatherings are limited to no more than 10. Nothing in the order prohibits the gathering of members living in the same household.

• All alcohol beverage sales must end at 10 p.m.

Changes reflect state standards, behavior Some of the new restrictions reflect changes the counties would see if their virus trends require a move to a more restrictive safer-at-home level.

“Some of it is just a precursor,” said Douglas, the health chief. “With Arapahoe, their personal gatherings would have been reduced to 10 (people) if they moved to level 2. And closing for alcohol sales would have been reduced to 11 p.m.” Adams County’s new last call for alcohol sales would be reduced in the same way as it would under a more restrictive safer-at-home level too, Douglas added.

Tri-County’s order for Adams restricted indoor gatherings more than a higher safer-at-home level would have, Douglas said.

Arapahoe’s order encourages more working from home, but that piece isn’t in Adams’ order because the workforce in Adams is much more likely to be “essential” workers that have to work in person, Douglas said.

But “there’s been a lot of observa-

TRI-COUNTY ALSO EXPECTS TO RENEW MASK ORDER The new requirements for Adams and Arapahoe counties marked the first public health orders Tri-County Health Department has issued regarding COVID-19 since its order on mask-wearing that took effect July 24.

The mask order expires in late October, and Tri-County officials have discussed extending it and “are very likely to do so,” said John Douglas, the agency’s executive director.

In July, Tri-County’s amended its mask order to align with Gov. Jared Polis’ statewide mask order that took effect July 16.

Tri-County’s order, like the governor’s order, requires people to wear masks in public spaces.

The difference between the Tri-County and state orders is still likely to be the duration — Tri-County’s mask order lasted 90 days rather than the state’s 30 days. The state’s order has been renewed monthly.

Tri-County’s order is also likely to continue to require masks outdoors when social distancing cannot be maintained, Douglas said. That’s the other key difference from the state’s order.

“We’re probably going to extend it longer (than 30 days),” Douglas said. “There’s not much likelihood of us not needing high levels of mask-wearing in the near future, certainly not in the next 30 days.” tion of crowds at recreational sporting events,” Douglas added.

Tri-County’s contact-tracing shows that many who tested positive for COVID-19 attended public or private gatherings, according to news releases announcing the orders on Oct. 16.

Limiting alcohol sales was an effective step in reducing coronavirus spread in other jurisdictions — including statewide — after restrictions during July, according to a news release for Arapahoe.

“We are seeing a growing number of outbreaks across the county, many of which are related to places of employment,” the news release for Arapahoe added.

What is a ‘gathering’?

A personal gathering is any gathering that doesn’t fall under the category of “regulated gatherings” in the state’s updated safer-at-home order, according to Tri-County’s orders.

Personal gatherings generally include public or private gatherings, whether on private or public property.

A “regulated gathering” is a grouping of customers or participants in certain activities permitted under the updated safer-at-home order — for example, that includes classes at commercial gyms and studios, concerts, and other professionally organized events.

The personal gathering limits also do not apply to the following: • Employees and volunteers of any business, government, nonprofit or not-for-profit entity while performing work for that entity; • Any school-sanctioned educational activity; • Any life rites such as weddings, graduations, funerals, other religious rites and worship services, conducted in strict compliance with the updated safer-at-home order; • Organized events that meet the criteria in the state’s updated saferat-home order for indoor and outdoor events; • Participation in any activity required by law.

People at gatherings must follow all public health laws and orders about face coverings and must comply with social distancing requirements whenever possible, the text of the orders says.

The Herald 3

0October 22, 2020

Rise in COVID cases A recent increase in Arapahoe County’s COVID incidence rates has forced the County to implement its mitigation plan for controlling the spread of the virus.

Visit arapahoegov.com

A tow truck sits with a stolen car fastened to it on Oct. 14 in Englewood after a driver in that car led police on a chase through Lakewood, Denver and Englewood.

PHOTOS BY ELLIS ARNOLD

Two suspects arrested following police chase Suspect in white sedan drove wrong way along Hampden Avenue

BY DAVID GILBERT AND ELLIS ARNOLD STAFF WRITERS

One man and one woman are in custody following a police chase involving a white sedan that ended in Englewood the afternoon of Oct. 14, Lakewood police said.

Police officers from Lakewood, Denver and Englewood converged at the Kent Place apartments at East Hampden Avenue and South University Boulevard after chasing a car that briefly drove the wrong way along westbound lanes of Hampden in that area. The apartments sit next to King Soopers and other businesses, where numerous onlookers watched the scene.

Lakewood police identified a white Lincoln sedan that was stolen during a carjacking in Lakewood on Oct. 12 that left two elderly women seriously injured when the alleged carjacker ran them over with their own car as he fled, Lakewood police said.

As police agents attempted a traffic stop at about 3 p.m. Oct. 14, the car’s

driver sped away, ultimately leading police on a chase through Lakewood, Denver and Englewood, a Lakewood police news release said.

The driver of the car stopped and fled on foot near the Kent Place apartments at about 3:10 p.m. Police blocked off an entrance to the Kent Place parking garage soon after.

One man and one woman, both in their 20s, were apprehended in the area of Kent Place apartments, according to Agent Paul Osckel, Lakewood police spokesman. Those suspects were ultimately arrested. A second man, whom Osckel referred to as a person of interest, was identified at the scene and released.

Both victims of the Oct. 12 carjacking remained hospitalized as of about 5 p.m. Oct. 14, according to the news release.

One suspect in the Oct. 12 carjacking was considered “armed and dangerous” at the time, according to Lakewood police, but no shots were fired during the Oct. 14 incident, according to Osckel. The suspects were not believed to be armed as of 4:30 p.m., according to Osckel.

No officers, citizens or suspects sustained injuries in the Oct. 14 incident, Osckel said. No car accidents occurred related to the car chase Oct. 14, he added.

C NVERSATIONS Join us for two upcoming virtual events:

Commissioner Bill L. Holen on Tuesday, Oct. 20 @ 7 p.m.

Commissioner Kathleen Conti on Thursday, Oct. 22 @ 5:30 p.m.

This year has presented unique challenges, but the planning and management for critical services never stops. Each Commissioner will provide updates on recent and upcoming projects and initiatives that affect our diverse communities.

Get details at arapahoegov.com/townhall Stick it to the flu This year, it’s more important than ever to get a flu shot. After all, a “twindemic” is literally double the trouble. With the added threat of COVID-19, don’t unnecessarily put yourself or your loved ones at risk.

Get a flu shot now to help avoid catching more serious infections this winter.

Ballot Security Teams: Bipartisan, dedicated and specially trained to deliver your ballot.

Be safe. Be confident. Be heard.

ArapahoeVotes.com

Englewood officers stand in front of one entrance to the Kent Place apartments’ parking garage during an incident in which police pursued suspects after a car chase.

arapahoegov.com

4 The Herald

October 22, 2020O

Tax question on ballot could be far-reaching While amount would be minuscule for each person, overall total would ding state budget

Colorado lawmakers apportion the general fund spending each year in the state budget process with health care and other safety net programs and education consuming the bulk of discretionary spending. For the current 2020-21 fiscal year, the two areas consumed 74% of the general fund budget.

BY JOHN FRANK THE COLORADO SUN

A measure on the 2020 ballot in Colorado proposes a permanent cut to the state’s income tax rate that would give the average taxpayer a $37 break annually.

The limited-government conservatives and Republican lawmakers backing Proposition 116 say the tax relief comes at a crucial moment amid the economic downturn caused by the coronavirus. The measure would reduce the current 4.63% income tax rate on individuals and corporations to 4.55%.

“The simple truth is, Proposition 116 is a mild but much-needed tax cut for all taxpayers at a time when Coloradans could use the boost wherever they can get it,” said Sen. Jerry Sonnenberg, a Republican from Sterling and author of the measure.

But the measure’s opponents say the timing is a major reason to forgo the modest tax break — because it would reduce state tax revenues by more than $150 million at the same time Colorado lawmakers are cutting billions from the state budget.

“We need more flexibility and creativity for our state budget, not something that will constrain the state

SHUTTERSTOCK IMAGE

budget even further — our students deserve better,” said Amie BacaOehlert, the president of the state’s teachers union, expressing opposition to Proposition 116 and Proposition 117 limiting government fees.

The competing arguments about the benefits for individuals and corporations and the costs at the collective level define the debate on Proposition 116 ahead of the November election.

What you need to know Here’s how income taxes work in Colorado and how they are spent: Colorado is one of 43 states that levy individual income taxes and one of nine with a flat tax, according to the Tax Foundation. The state taxes 4.63% of federal taxable income, which ranks among the lowest income tax

rates in the nation.

When it comes to overall individual local and state tax burden, the foundation’s analysis finds Colorado ranks 15th in the nation. The study found that businesses fare much better with one of the nation’s lower tax burdens.

(For the 2019 tax year, due in 2020, the state’s rate was temporarily lowered to 4.5% because the state exceeded the revenue limits set by the Taxpayer’s Bill of Rights in the 2018-19 fiscal year. But for the 2020 tax year it will return to the standard 4.63% rate — unless Proposition 116 is approved.)

Income tax accounts for the bulk of the discretionary spending in the state budget and goes into what’s known as the general fund. In fiscal year 2018-19 the state collected $9.2 billion, according to a legislative analysis.

What an income tax cut would mean For individuals and corporations, the amount of the break from the 1.7% reduction in the state’s income tax rate depends on income levels.

On average, individuals would pay $37 less in income taxes, according to legislative analysts. The savings for someone with $25,000 in taxable income would be about $20 while those with taxable income of $1 million would save $800.

What lower income taxes would mean The reduction in the income tax rate would reduce revenue into the general fund by 1.2%. That amounts to $154 million less for state lawmakers to spend in its first full year, official estimates show. The annual financial impact of a lower income tax rate would increase as the state’s economy and workforce grows.

The opponents say that’s no small sum, particularly when Colorado lawmakers were forced to cut $3 billion in discretionary spending earlier this year as the coronavirus pinched state revenues in the prior and current fiscal years. The state may need to cut as much as $1.6 billion in the SEE TAX, P7

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October 22, 2020O

EMPORIUM

IF YOU GO

FROM PAGE 1

Daneen and Bob Terrell opened the Englewood shop at 3665 South Broadway in August, after a long journey to get the place up and running.

“We had everything lined up last spring,” Daneen said. “Our grand opening date was supposed to be in April — we had a band lined up and everything. Then, of course, COVID hit, and we just hunkered down and waited.”

The couple used their time well, lining up unique local artists like oil painter Stacy Harrigan and watercolorist and jewelry maker Nancy Thorn to line the walls with paintings.

They also stocked the shelves with curios and antiques, some gleaned from their other business running estate sales. Bob brought in his collection of antique clocks and radios, and crowned the shop floor with a 1951 Sears & Roebuck canvas canoe.

But perhaps the most exciting part of the shop isn’t yet fully realized: a versatile classroom and makerspace area, meant to meet community needs for artistic outlets.

“We could see it being used for guitar lessons, cooking classes, art groups — there’s a lot of possibility there,” Daneen said, though much of that will probably need to wait until the pandemic is in the rearview mirror. “In the meantime, we might see what we can do via Zoom

Carousel Emporium is at 3665 S. Broadway, in a brick building on the west side of the street that once housed an ice cream shop.

The shop is open Friday through Monday from 10 a.m. to 6 p.m., and closed on Tuesday, Wednesday and Thursday.

Phone: 720-226-8679

— I’ve got friends learning to cook from chefs in Italy. It can be pretty neat.”

The shop’s aesthetic has a retro flair, perhaps an outgrowth of Daneen’s childhood helping relatives operate a shop and milk delivery business in Northglenn back when Denver’s north side was still home to barns and cows. Bob, also a Colorado native like his wife, grew up in Kiowa, still something of a cowboy town far southeast of Denver.

Life took them on plenty of journeys, with Daneen leaving a career in oil and gas to pursue a more authentic life, and Bob retiring from construction with hopes of relaxing, only to be whisked into Daneen’s energetic projects like the shop.

Despite the challenges of opening a shop during the pandemic, Daneen said word has been getting around about the wonders behind the door of the little storefront.

“We really love the word-of-mouth we’re getting,” Daneen said. “That’s the whole idea — we want to be part of the community, and for people to tell us what they want this place to be.”

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The Herald 7

0October 22, 2020

TAX next year and $2.2 billion the following year as demands for state services increase, even though state economists are predicting a touch better fiscal outlook.

If the measure is successful, the reductions in spending would most likely come from human services and education because they are the bulk of the general fund spending.

Breaking from his party, Gov. Jared Polis has long supported a reduction in the state’s income tax, but he wanted to keep it revenue-neutral by removing certain tax breaks. The offsets between the tax bill he signed into law and the ballot measures are not even, but Polis recently expressed support for the intent of the ballot measure.

“We’ve long sought an income tax decrease,” Polis told The Colorado Sun. “We obviously preferred that it was revenue neutral. But particularly in this challenging time, I think Coloradans certainly need tax relief.”

Who’s supporting Proposition 116 The measure initially was considered as an alternative to an initiative that envisioned an overhaul of the state’s tax system but the latter failed to make the ballot.

Sonnenberg ran a similar bill in the 2020 legislative session to reduce the income tax rate to 4.49%, but it was defeated by the Democratic-controlled state Senate. He paired with the limited-government Independent Institute’s Jon Caldara to push the ballot question.

Supporters argue that the recent increase in the size of the state budget — driven by a strong economy and population growth — is reason enough to use a tax cut to slow spending.

Moreover, they point to recent fee increases and Democratic-led legislation approved this year that removed four tax breaks to generate an additional $100 million in state tax revenue for the current fiscal year.

“It only brings back a little of what has already been taken,” Caldara argued at a recent debate on the measure hosted by PBS12 and The Colorado Sun. “We have paid for this tax cut, this tiny tax cut, time and time again.”

Who opposes Proposition 116 The opposition to the measure is broad-based and includes Democratic state lawmakers, the teachers union and health care advocates, and rural civic organizations such as Club 20 in Grand Junction.

The shared sentiment among them is that the state can’t afford a tax cut now. “What you’ll get with $37 (average tax break) is school cuts, broken infrastructure and an underfunded state,” Bell Policy Center President Scott Wasserman said during the ballot debate.

In addition, liberal advocacy organizations that are eyeing broader changes in the future to create a tiered tax structure and increase income taxes on the wealthy believe this moves the state in the wrong direction.

“At the end of the day,” Wasserman said, “cutting $160 million more from this budget … is going to make life in this state much more unequal and much more expensive for Coloradans.”

This story is from Colorado Politics, a statewide political and public policy news journal. Used by permission. For more, visit coloradopolitics.com.

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8 The Herald

October 22, 2020O

LPS mental health study complicated by pandemic Long-term study by sociologist moving forward under strange circumstances

among youth? How can we build better mental health safety systems in schools and communities to better help youth who are struggling & improve suicide prevention?”

So far, Mueller told the school board, she has conducted 27 interviews with youths, four with young adults, 20 with school and district staff, 63 with parents and four with community professionals who aren’t parents or district staff.

BY DAVID GILBERT DGILBERT@COLORADOCOMMUNITYMEDIA.COM

Last year, sociology professor Dr. Anna Mueller and her colleagues embarked on a study of how young people’s social connections relate to suicide prevention, planning to focus on a couple normal school years in Littleton and Mesa County public schools.

But 2020 has been anything but normal.

Just months into the study, the COVID-19 pandemic shut down schools to in-person learning, causing the greatest reorganizing of public schooling in modern history.

Now, Mueller says, the task is to understand and factor in the impact of the pandemic, and craft a report that provides useful conclusions out of a tumultuous time.

“It literally is a massive tragedy that

Dr. Anna Mueller said the COVID-19 pandemic has altered the course of her study of suicide prevention at Littleton Public Schools.

FILE PHOTO BY DAVID GILBERT Mueller said she cannot yet divulge emerging trends from her research because doing so could influence how the remainder of the research goes.

She said she plans to deliver the final report in the months after the end of the current school year.

hit all of these schools at once,” Mueller told the Littleton school board in an Oct. 8 workshop. “They all have to figure ways to cope with this. We don’t need to make this into a catastrophe, but I think there’s enough evidence that this pandemic is quite hard for mental health.”

How to build resiliency Mueller, a professor of sociology from Indiana University, is leading the study, while her colleague Sarah Diefendorf is conducting a concurrent study in Mesa County on Colorado’s Western Slope. Seth Abrutyn, an associate professor of sociology at the University of British Columbia, is assisting both Mueller and Diefendorf.

The study, “Social Worlds and Youth Wellbeing Study,” is being conducted two ways, according to its website, socialworlds.info: Mueller and Diefendorf observe “youth-centered community life in schools and other community locations,” and also conduct interviews and focus groups with youths, school staff, parents and other community members.

The study’s goals, according to the website, are twofold: “How can we build connectedness in schools and communities that facilitates a sense of belonging and effective help-seeking

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Schools of hard knocks While Mueller originally intended to conduct most of the strudy from Littleton, she returned to Indiana in the spring as the pandemic kicked into high gear and has not yet returned, citing restrictions on putting study subjects at risk of infection.

However, she said the district’s switch to an abundance of online learning has allowed her and her colleagues to sit in on hundreds of hours of classes.

“This is really allowing us an unprecedented look at how a district goes about the everyday work of suicide prevention,” she said. “We’re seeing everything on a school’s plate. What schools are coping with is greatly exacerbated by the pandemic, because we’re all inventing new ways of doing things almost on a daily basis.”

The next big step is a series of surveys of parents and school staff.

The parent surveys will seek to better understand parents’ beliefs and knowledge around suicide prevention, asking questions like whether parents believe suicide is preventable, what are the barriers to suicide prevention, whether they would be willing to undergo suicide prevention training themselves, what their awareness is of the suicide prevention and mental health resources currently available, and what experiences they have had with the existing network of help.

Mueller said she is also willing to work with the school district on crafting surveys for students, though that would require crossing greater thresholds of approval and collaboration with school officials.

SEE STUDY, P13

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The Herald 9

0October 22, 2020

LPS HIGH SCHOOLS WELCOME THE CLASS OF 2025!

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November 10, 2020—Academics November 11, 2020—Athletics/Activities 6:00-8:00 p.m.

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Nationally recognized for academic excellence 85% of graduates plan to attend college or post-secondary education College Preparatory, Advanced Placement, Concurrent Enrollment, Career & Technical Education and comprehensive electives Annually, LPS grads earn more than $40 million in college scholarships Consistently high number of National Merit Scholars, Boettcher Scholars, Presidential Scholars and appointments to U.S. military academies Highly competitive in athletics, STEM and performing arts

10 The Herald

October 22, 2020O

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Volunteer Steven Benoy works hard at Benefits in Action’s Day of Food Delivery.

PHOTO BY BOB WOOLEY

Bringing help and humanity to the isolated Lakewood nonprofit helps feed 151 households

BY BOB WOOLEY BWOOLEY@COLORADOCOMMUNITYMEDIA.COM

Just a short distance off West Colfax avenue in Lakewood — an area not always thought of for charity, kindness and the spirit of goodwill — vol-

unteers bring food to those at highest COVID-19 risk.

The small but growing group of volunteers has been hard at work feeding metro-area residents that have been hit especially hard by the COVID-19 pandemic. They are working with Benefits in Action, a nonprofit, in partnership with the State of Colorado to help those in need navigate SEE HELP, P13

The Herald 11

0October 22, 2020

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12 The Herald

O

October 22, 2020O

LOCAL

VOICES For curly bulbs, there’s no light at the end of the tunnel

ne of our curly light bulbs burned out. Realizing I didn’t have a replacement, I went to a hardware store. They were out of curly light bulbs too.

QUIET “Yes, we’re out.”

DESPERATION “For how long?”

“Forever.”

Where was I (four years ago) when GE and others decided they would no longer manufacture compact fluorescent bulbs (CFB)?

And why didn’t I know CFB use Craig Marshall dangerous chemicals Smith such as mercury to generate power?

We’re back, as everyone but me must have noticed, to the old design, only with more efficient (and expensive) light emitting diode (LED) bulbs.

Cartoonists are relieved. For years

cartoonists have drawn a light bulb over someone’s head when they had an idea.

In other words, “the light went on.”

A curly bulb was 55% more difficult to draw.

Harry and I rely on electricity. We don’t camp, for one thing. Or purposely shut off the power for another.

When there is an outage we manage, but we wouldn’t be able to for very long.

This column would never happen if we lost electrical power. And I couldn’t listen to Yo-Yo Ma’s cello purring from my computer’s playlist.

You can visit Edison’s laboratory, the one where he tested more than 3,000 light bulb designs between 1878 and 1880 before getting it right.

The laboratory was located in Menlo Park, New Jersey, but a wealthy automobile manufacturer had it moved to Dearborn, Michigan, along with the Wright Brothers’ Dayton, Ohio, bicycle shop.

LETTER TO THE EDITOR Vote no on Prop EE Proposition EE is a tax increase on Coloradans amid a global pandemic.

As we attempt to recover from COVID-19 hardships, now is not the time to impose a $294 million tax increase on Colorado voters.

Supporters of the ballot attempt to convince Coloradans to vote for EE by claiming it will pay for to preschool education. However, there is nothing in Proposition EE that mandates the Colorado Legislature to spend revenue collected from the ballot measure on preschools.

In addition, all funds generated by EE, if passed, will automatically go into the state’s General Fund and preschool education will not see additional funding for two-and-a-half years, if ever. Tax and spend must end.

Proponents suggests that EE is a “win-win for the future of our children” and unfortunately, they are wrong. Preschools may never see the benefits from the ballot initiative.

Instead, EE will give the Legislature a blank check to use on unidentified pet projects.

Further, if the goal of Proposition EE is to discourage smoking, then why aren’t all the revenues going to aid tobacco cessation? As a matter of fact, the majority of revenue collected from EE does not go to cessation efforts at all.

Instead, only a small portion will, and the rest will go to the Legislature for miscellaneous projects. Coloradans deserve better.

Join me in voting no on Proposition EE. Nancy Sharpe Arapahoe County commissioner

A publication of

750 W. Hampden Ave., Suite 225 Englewood, CO 80110 Phone: 303-566-4100 Web: EnglewoodHerald.net To subscribe call 303-566-4100

T

The Henry Ford Museum and Greenfield Village next to it are highly recommended. Both were closed for 16 weeks and they’re facing “unprecedented financial challenges” like so many are.

The Museum and Village are enormous; one or the other a day is suggested.

Edison acquired 1,093 patents, a record. I applied for one.

My invention was a new kind of smoke alarm. It didn’t chirp and make you want to take a hammer to it like all of the others do.

No. Instead a small, colorful, plastic bird dropped out and whistled the first six bars of “Where or When.”

Currently available smoke alarms go off in the middle of the night. Just as bad, it takes forever to figure out which one it is.

With mine all you had to do was look for the bird, change the battery, and shove the bird back into its little compartment.

Unfortunately, I ran into some problems with the prototypes. Several of the birds short circuited and caught on fire.

I wish I had invented the cardboard box, among other innovations.

They’re always in demand, versatile, reusable and inexpensive to make.

How many do you have in your basement or attic right this minute?

Maybe you’ve heard of Amazon?

They ship 1,600,000 packages. A day.

Not all of them are cardboard boxes, but most of them are.

The first cardboard box was invented in England in 1817, but it wasn’t corrugated. In 1895, corrugated cardboard boxes were produced in America for the first time and were an instant success.

Humble as they are, they’re undeniably perfect. Unlike my smoke alarm.

The piercing chirp of a conventional smoke alarm sends Harry flying out SEE SMITH, P13

Why these times are the times to remember

here are certainly plenty of reasons for us to want 2020 to be a distant memory. The pandemic, the heartache of lives lost, the impact it had on our family and friends who suffered and recovered, and the economic burden and stress the pandemic created for so many WINNING individuals and businesses.

WORDS Layer on top of the pandemic: social unrest gripping our country, a very heated and contentious election year, one of the busiest hurricane seasons on record that left a wake of devastaMichael Norton tion, and hundreds of wildfires that burned out of control bringing more death and destruction. It’s no wonder why many are hoping Jan. 1, 2021 gets here sooner rather than later.

There were some very real and horrific events that took place this year. The losses, hurt, damage, chaos and confusion. Each one has been unnerving and unsettling, to say the least. And as with any event or season of life, the hope is that we will take something away from the experiences, even the pain. That we will learn from the failures and the mistakes that we made along the way.

That we will not only learn, but that we will make the changes and adjustments that will bring lasting change,

JERRY HEALEY President

ERIN ADDENBROOKE Marketing Consultant

jhealey@coloradocommunitymedia.com

eaddenbrooke@coloradocommunitymedia.com

CHRIS ROTAR Interim Editor

AUDREY BROOKS Business Manager

crotar@coloradocommunitymedia.com

abrooks@coloradocommunitymedia.com

DAVID GILBERT Community Editor

ERIN FRANKS Production Manager

dgilbert@coloradocommunitymedia.com

ing wherever they could. Initially, as the events of 2020 unfolded, we may have all had a reality check or perhaps been frozen with fear. But what I am hearing most about today, is resiliency and courage in the face of it all.

The year 2020 will indeed pass us by. For some, it will be goodbye and good riddance. And for others, we will look back on Dec. 31 and be reminded of how we personally handled the events of 2020. And when we do, we will look back on how we personally participated in 2020. We will ask ourselves things like: Was I W helpful? Did I actively participate in the service of others? Did my voice q add value to the conversation? Did p my character remain intact? Did I o avoid the blame game? Maybe, and i most importantly, did I vote? Because p one day in the future, as we look back p d on 2020 and how we remember it, will be dependent on how we worked, lived, and succeeded through it all. h How about you? Is this the time to l ( remember? Was there a particular event that impacted you more than a w others? I would love to hear your story at mnorton@tramazing.com. d And when we can focus on this time, a it just might be a time to remember, because it will not last forever, really i making this a better than good week. t s Michael Norton is the grateful CEO a of Tramazing.com, a personal and professional coach, and a consultant, w trainer, encourager and motivator to d h businesses of all sizes. f w a Columnists & Guest Commentaries Englewood Herald t (ISSN 1058-7837)(USPS 176-680) Columnist opinions are not necessarily

greater opportunities, a sense of calm, healing and hope, and a kinder society.

As I was taking a drive this past weekend, I heard Billy Joel’s song, “This is the Time.” As I reflected on the song lyrics, I thought, “Why is this the time to remember?” Then my thinking shifted. The song released in 1986 has nothing, and yet everything, to do with 2020. So, I challenged myself to try and think of why this would be a time to remember, even though we want it to be over.

The lyrics that really captured my attention were these, “This is the time to remember ‘Cause it will not last forever These are the days to hold onto ‘Cause we won’t, although we’ll want to” It’s a reflective and touching song that reminds us that there are parts of our life that we should be remembering, even now, and that there are people in our life that are important to us today and in all of our tomorrows as well.

There were family members, friends, and neighbors who were married. There were babies and grandbabies born into our families.

There were celebrations of life that gave us an opportunity to grieve, mourn, and lovingly remember those closest to us who had passed. There were more virtual calls with family and friends that would have never taken place in prior years. There was a sense of community connection and reaching out, with people help-

efranks@coloradocommunitymedia.com

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those of the Herald.

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

A legal newspaper of general circulation in Englewood, Colorado, the Englewood Herald is published weekly on Thursday

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The Herald 13

0October 22, 2020

HELP FROM PAGE 10

health care benefits like Medicaid and Medicare and other benefits, like SNAP (Supplemental Nutrition Assistance Program) for the past five years. In March, the Lakewood-based nonprofit launched a no-contact food delivery program to serve people who are homebound, or have a high degree of vulnerability to the virus.

According to the numbers provided

by Jane Barnes, one of the founders of BIA, the need is definitely there.

“In March, we started calling the folks that we serve, and saying “how are you— is there anything you need?

And people said, “we need food,” so that’s how it got started” said Barnes.

“In the middle of March, we delivered no food. Today we have over 800 households on our list.”

Oct. 3 the group hosted an event called “A Day of Food Delivery” to distribute boxes of food to 151 households with the help of more than 100 volunl teers in 46 cars. According to Barnes, each household received enough food to last about a week.

When asked why she was lending a hand, one of Saturday’s volunteers, Laura Boggs didn’t miss a beat.

“Here’s the honest truth,” Boggs said.

“One in three Coloradans right now, is hungry.” In collaboration with local food banks and community partners, BIA has been able to deliver food to more than 300 households per week since ramping up during the COVID-19 crisis.

Reg Cox volunteers on behalf of one of those community partners, the Lakewood Faith Coalition. It partners with several like-minded organiza-

STUDY

Jane Barnes and David Kaye are pictured after working at the Benefits in Action Day of Food Delivery event on Oct. 3.

PHOTO BY BOB WOOLEY tions to work on the hunger problem in Jefferson County.

“The Coalition to End Hunger in Lakewood benefits from volunteers and the service energy of the faith community, so that’s where I step in.”

Cox said. “Covid caused everyone to pivot, so there was a gap based on food need, and Jane’s organization, Benefits in Action stepped in to fill that gap. We’ve built partnerships with the faith community, service clubs, colleges and universities, so Benefits in Action is just an example of stepping into the gap of a need and responding to it.”

David Kaye, a health educator who also trains people on diabetes prevention is another volunteer. He said as soon as the pandemic hit in March,

What does it all mean?

School board President Jack Reutzel questioned whether the research will produce data that will still be useful once the pandemic is past and schooling returns to normal, saying that parent surveys could reflect current polarized attitudes toward the pandemic.

“There’s a segment that says we’re harming kids (with partial in-person learning) and we should be all(online), and that could skew answers, and we have folks on the other side who say it’s all a dang hoax, get students back in school five days a week, and that’s going to skew their answer.”

Mueller said understanding the impact of the pandemic will be central to the final report, but the conclusions should be far-reaching.

“We’ve agonized over that and spent a lot of time debating what on earth we are observing right now, and what does it mean for our project that we had this year,” she said. “Would I wish for this? Absolutely not, but in some ways people are more willing to talk about mental health, (and we’re) using this pandemic as a lever for an entree

into that conversation.”

On the other hand, said board member Robert Reichardt, Mueller’s research could prove invaluable as the district recovers from the pandemic in coming years.

“We need an understanding of the hole we’re in as we get out of it over the next two years,” Reichardt said.

“Knowing our status at peak pandemic might be useful... Quite frankly, one of the most important things to do is prepare for the next pandemic, because there will be more.”

There are already some unexpected results from the pandemic, said Nate Thompson, the district’s director of social, emotional and behavior services.

“Some of our data doesn’t match with the public perception about how bad mental health is for kids (during the pandemic),” Thompson said.

“What we’re actually seeing is more of that aligning with staff and adults having significant stressors.”

Realistically, the knowledge gained from the study should apply beyond the school district, said board member Carrie Warren-Gully.

“This is a community issue,” Warren-Gully said. “This cannot rest solely on the shoulders of our schools... how can we work together to provide services?”

SMITH

hand, is a soothing tune everyone can appreciate. It’s one of Harry’s favorites.

FROM PAGE 8

FROM PAGE 12

of the house. Didn’t they consider the effect the sound would have on dogs?

“Where or When,” on the other

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

he knew feeding people was going to be a problem, so he started looking around for organizations who could use his help. In April, he started volunteering with BIA. He said the best part of the gig is simply looking people in the eye and making their day with some food.

“Just knowing that you’ve helped someone and making that connection is fulfilling,” Kaye said. He also noted

that although he’s seeing some people who’ve become more food insecure because of COVID-19 and the unexpected loss of a job, he thinks that the fallout from the virus is shining a light on a problem that’s been untreated for far too long.

Kaye said that a general lack of resources contributes to many of the health conditions that lead people to higher-risk category when it comes to COVID-19.

“This (virus) has exposed this impoverished underclass in our society, and it also has brought to the forefront, the health disparities,” Kaye said. “I’m hoping that coming out of this, we can sustain this momentum to begin to attack those underlying factors.”

Although BIA is able to offer its benefits navigation program throughout the state, right now, it only has the capabilities to provide food delivery to Adams, Arapahoe, Denver and Jefferson counties. In addition to its food delivery initiative, BIA has recently launched a new “Connectedness” program, which trains volunteers to make weekly phone calls to people who live alone, with the goal of making them feel a bit less lonely. The organization is also offering online peer support groups, led by a licensed therapist, and a new music therapy group, all in an attempt to make life better for underserved residents of our communities.

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

Funeral Homes Visit: www.memoriams.com

14 The Herald

I

October 22, 2020O

LOCAL

LIFE

Keeping Halloween happy SHUTTERSTOCK IMAGE

Holiday activities can still happen — but will likely need to look different

BY PAUL ALBANI-BURGIO PALBANIBURGIO@COLORADOCOMMUNITYMEDIA.COM

n a year that has already offered far too many tricks and too few treats, Halloween looms like a rotting jack-o’-lantern left out a week too long.

What has traditionally been a time of anticipation, fun, and friendly seasonal spookiness is now a source of uncertainty, worry and perhaps fear as people bemoan the potential loss of another cherished ritual and wonder whether trick-or-treating and other festivities can be safe and sensible this year (and what they will tell their kids if they aren’t).

Into the witchy brew that is a tired nation wondering whether haunted houses and candy corn will be the next casualties of the COVID-19 horror show (and all just before Election Day 2020, no less) have stepped several local medical experts who say that Halloween fun is still possible, but warn that it will require an adjustment in expectations and more pre-planning and flexibility than in a typical year.

“It can be a little different this year for Halloween 2020 but it can still be fun,” said Chris Nyquist, the Medical Director of Infection Prevention and Control at Children’s Hospital Colorado. “And planning ahead is really important.”

During a virtual press conference on Halloween safety, Nyquist offered several ideas for how area families can modify trick-or-treating to make it into a safer activity with a focus on reducing the amount of contact kids and their families would have with other people as they trick-or-treat.

Those ideas include communicating with neighbors ahead of time around hygiene practices and making a plan to limit trick-or-treating to those neighbors who have agreed to follow safe distancing and hygiene practices.

“It’s that creativity that kids love with the whole idea of Halloween and what it means to them,” said Nyquist. “Is there a way to have a large tube that the candy comes down and they catch the candy so we can keep

a safe distance?’

Rachel Herlihy, the state epidemiologist with the Colorado Department of Health and Environment, said families whose children are participating in school or home-learning pods or cohorts could also coordinate together for celebrations that would reduce risk because those kids have already been exposed to one another.

Herlihy said her own 9-year-old daughter will be participating in such a celebration with parents heading to a local park to hide candy for their kids to find.

“It’s going to be a cross between Easter and Halloween with a Halloween candy hunt in the park and then we will spend some time in our yard having a little bit of a celebration afterwards with just the small group of kids she is routinely in contact with,” said Herlihy.

Trick-or-treating isn’t the only Halloween activity that will require some rethinking to be done safely this year.

Tips from a pro Eric France, the chief medical officer at the Colorado Department of Public Health and Environment, said those planning to organize Halloween parties or visit haunted attractions or corn mazes should consider public health guidelines and how to reduce the spread.

“We want to focus on doing as many activities outdoors as possible,” said France. “Pumpkin patches, corn mazes, we know how to do these things in the safe way. Haunted houses might need to be transformed into haunted forests or other outdoor events as possible.”

Those organizing such events should also utilize strategies to implement one directional flow of participants and encourage mask wearing, he said.

Although most indoor haunted houses in the metro area are on hiatus this year, The 13th Floor in Commerce City is open after implementing several procedures and protocols intended to increase safety.

The owners of the 13th Floor declined to be interviewed for this story and instead directed Colorado Commu-

nity Media to their Scary Safe webpage, which details precautions ranging from limited attendance to requiring payments be made with credit cards.

“The nature of a haunted house is all about physical distancing; it always has been, it’s what we do normally,” reads a statement on the website. “The attractions are linear and very seldom would you ever come within 6 feet of other patrons. We do everything we can to make you feel ‘alone.’ But this year, we’re going above and beyond our normally safe and distanced methods of operation, and taking it to the next level.”

Check in advance Regardless of whether one plans on attending a family gathering or a pumpkin patch, France recommended getting in touch with the organizers to find out what precautions will be taken.

France said Colorado residents should also consider where their counties rate on the state’s new COVID dial when planning activities — and said the decision about what is safe should depend in part on where counties fall.

For example, those who live in communities rated as “high risk” should consider activities like a costume parade with predetermined routes to ensure safe distancing is maintained between participants or a driving tour of yard decorations while a small get-together of family or close friends could be doable in counties that are on safer-at-home level 1.

“Our approach to celebration should really be tuned into the dial,” said France.

Ideas for safe activities for each phase of the dial can be found at covid19. colorado.gov/halloween-tips-and-tricks.

Residents can view their county’s level at covid19.colorado.gov/data/covid19-dial/covid-19-dial-dashboard.

But regardless of where a county falls on the dial, France said it is important for those celebrating Halloween to follow basic health guidelines, such as wearing masks, frequently washing hands and not participating in any social activities if one is sick.

STAYING SAFE Here are some other general guidelines and tips for Halloween safety compiled from information released

by CDPHE, the CDC and Jefferson County Public Health.

Trick-or-treating • Stay in your neighborhood (the fewer houses you visit the safer you will be) • Avoid mingling with groups from other households.

• Keep your masks on — save the candy eating for home • If going door-todoor, limit the time spent at doorways Handing out candy • Wear a mask • Avoid contact as much as possible. For example, put out individual treat bags at the end of your driveway or yard’s edge that are easy to grab so kids don’t have to rummage through candy bowls.

You can also use a mug to scoop candy to avoid touching, or put out a tray with candy that is sanitized between groups.

• Greet trick-ortreaters from at least 6 feet away. Use tape to mark 6-foot spots for families to stand in while picking up their candy • Only use pre-packaged candy Parties • Wear masks at all times when within 6 feet of people who do not live in your household • Consider a small and short outdoor gathering — there is a

higher risk for transmission with more people and a longer event • Avoid self-serve table spreads • Keep a list of guests so they can be quickly informed in the event of COVID-19 positives Costumes • Costume masks are not a substitute for masks that protect against COVID-19 spread. Masks that protect against COVID-19 should be made from two or more breathable fabric layers that cover the nose and mouth, with no gaps around the face.

Wear non-costume masks when indoors with non-household contacts and outdoors whenever 6 feet of distance cannot be maintained.

• If wearing a costume mask over a cloth mask makes it hard to breathe, consider a Halloween-themed cloth mask as part of the costume instead.

• All children 3 years of age and older should wear a mask unless they cannot tolerate it.

Ideas for low-risk activities • Carving or decorating pumpkins with members of your household and displaying them • Having a virtual Halloween costume contest • Having a Halloween movie night inside your household • Having a Halloween scavenger hunt with members of your household

The Herald 15

0October 22, 2020

R

Autumn beauty is in every direction

ecent photos from Littleton’s Andy Marquez remind us of how beautiful it is every direction we look outside.

Enjoy a walk in Sterne Park or along the South Platte Riverside, where the trail reaches into Douglas County and meets the C470 trail. Or head east to Goodson Recreation Center and the trail that picks up there — or SONYA’S head west to Deer SAMPLER Creek Canyon Trail.

Pack a lunch and picnic, or just saunter in the sunshine amidst the gold that surrounds. The high-country aspens have been great, but we’ve only got to step outside right here to enjoy now.

Sonya Ellingboe

CORE Gallery “Symbolic Nature” is the title of a new CORE Gallery member exhibit (Oct. 23-Nov. 8) at the new address: 6851 W. Colfax Ave., Lakewood. (Large

at the Denver Art Museum, running through Jan. 24. Tickets ($20/$26) are being sold in two blocks and need to be pre-purchased. Available Nov. 12 online for Oct. 25-Nov. 30. Available Nov. 23 online for show dates Dec. 1 to Jan. 24. See denverartmuseum.org, 720-913-0130.

parking lot on the east side). Barbara Veatch, Centennial, is the featured artist. Veatch said: “My Mixed Media Drawings and Paintings look to the natural world for inspiration. I take elements and symbols and utilize them to create abstract narratives ...”

Opening reception Oct. 23 from 6 to 9 p.m. (First Friday.) See coregallery.org.

New recording “SAME SHIrT, DIFFERENT DAY” by newly-Littleton-based musician Rodney Rice, who is happy to now be located near Red Rocks, is available.

Visit rodneyrice.com.

The leaves changing at Sterne Park in Littleton.

PHOTO BY ANDY MARQUEZ is playing through Nov. 8 at Vintage Theatre, 1468 Dayton Street, Aurora.

Directed by Bernie Cardell and Rhyann Sims. Three short plays: “The Man Who Married His Mother-in-Law”; “Margaret Faydle Comes to Town”; and “Match Wits With Minka Lupina.”

Performances: Friday/Saturday: 7:30 p.m.; Sunday: 2:30 p.m. Tickets: $23, $30. vintagetheatre.com, 303-856-7830.

Opera Guild Watch for an announcement from Denver Lyric Opera Guild of a virtual version of the wonderful annual Master Class and singer competition, which results in one lucky winner receiving a nice cash boost as they begin a professional operatic career ...

See denverlyricoperaguild.org.

Denver Art Museum “Frida Kahlo, Diego Rivera and Mexican Modernism” opens Oct. 25

Vintage Theatre “Murderers” by Jeffrey Hatcher

Jazz orchestra The Colorado Jazz Repertory Orchestra will perform from 7:30 to 9 p.m. on Oct. 30 at PACE Center, 20000 E. Pikes Peak Ave., Parker, with music

by Bill Withers, Al Green, Sam Cooke, Al Jarreau and Otis Redding. Tickets: 303-805-6800, parkerarts.org. They will be mailed with seating assignments, 3-5 days in advance. Seating will be properly spaced, masks required.

PACE Center Parker Arts Holiday shows are on sale: Parker Chorale Holiday; Christmas With the Clauses; Hazel Miller and the Collective’s Holiday Show and more. Also, in the Art Gallery: “Allegories of Transformation: Highlighting Indigenous Artists” through Nov. 18.

303-805-6800, parkerarts.org.

Novel explores life of complex character Stephanie Harper of Littleton area makes debut

BY SONYA ELLINGBOE SELLINGBOE@COLORADOCOMMUNITYMEDIA.COM

“Inside my apartment, I have everything I need,” he says. That apartment is in downtown Denver in a familiar neighborhood ...

Agoraphobic Wesley Yorstead — the central character in the debut novel “Wesley Yorstead Goes Outside”

by Littleton-area author Stephanie Harper — illustrates graphic novels, which he can readily do on his home computer, drawing on Harper artistic skills and an active imagination ...

His colorist, Rick, a longtime friend, comes by often to pick them up and complete the process for publication in graphic novels.

His neighborhood grocery store, Lafferty’s Neighborhood Market, employs a young man named Angel, who food

delivers weekly, responding to a quick phone order.

Wesley’s life is predictable and tidy, with everything in its proper place, so he feels safe and in control of his small world ... (He opened his window once ...)

He is haunted by witnessing a horrible crime scene, which has stayed with him.

“It’s midmorning on a Sunday in mid-September and the persistent knock on the door can only mean one thing: Angel’s arrived with my groceries.” Usually, Angel hands over his bags and he gives the black-haired guy a check. Done and gone.

Wesley has his groceries to organize and shelve.

But instead, on that day, “a pale figure stands in the spot where Angel should be.”

She pushes past and sets groceries on the stainless counter — after first resting them on the dirty floor in the hall. It’s Mr. Lafferty’s slender redhaired daughter, Happy, who explains that Angel’s grandma is ill and he is caring for her ... A quick verification call to Happy’s dad is necessary for comfort.

“Not much for decorating,” she observes after looking around, focusing on the art print of a Wassily Kandinsky painting.

She imagines that he produces comic books like “Batman,” rather than the illustrated classics he actually does. (His current project is actually “To Kill a Mockingbird.”)

To his horror, she plops on the sofa to visit!

By page 20, the reader can imagine where this might go, but Harper’s storytelling style — and the dialogue she creates — keeps one involved and entertained to the end, when things are actually going quite well for our hero.

Happy feels comfortable in the middle of Wesley’s terrain and asks: “Do you think I could borrow one of your books? I’d really like to read the `Hamlet’ one,” which he’d showed her with trepidation. Might she perhaps dogear a corner or smudge a page?

He agrees and she returns it later in fine shape — whew!

In the meantime, her presence and scent linger in his apartment — plus a few red hairs on the sofa ...

He wonders if she ever feels the

frantic way he does?? His new drawings reflect Happy. Lovely women who may populate the current book project. His friend Rick, who colors his work — and appreciates pretty women — is intrigued and teases.

Then she appears on a non-grocery evening, with a movie to share with him, plus a bottle of wine.

Wesley fills the reader in with bits about his struggle with mental illness: “I started having night terrors when I was five.” He’d wake up screaming and his mother would come to soothe him — but not his father ... These have translated to adult panic attacks. And full-fledged resistance to any unnecessary risk outside his space.

A sympathetic reader is intrigued and optimistic that perhaps there is a possibility for recovery, as he is able to help Happy deal with a difficult situation out of her past. Upbeat conclusion here.

Harper’s previous creation was a collection of poems: “Sermon Series.”

We’ll be interested to see what happens next ...

Look for “Wesley Yorstead Goes Outside” at your library or bookstore!

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16 The Herald

October 22, 2020O

All the flavors to entice kids.

All the nicotine to keep them hooked.

E-cigarette makers and vape shops are enticing kids with flavors like cotton candy, gummy bear and bubble gum. And nationally, over 5 million kids are using these flavored e-cigarettes.

Vape shops and tobacco companies say their products aren’t ending up in kids’ hands, but that’s just not true. Many retailers still sell to minors, and many of them in Denver even illegally sold products during the COVID-19 shutdown violating emergency orders.

Let’s stop pretending vape shops and the industry care about public health or the health of our children. It’s time to stop the sale of flavored tobacco products to protect our kids.

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The Herald 17

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18 The Herald

October 22, 2020O

SAT remains popular despite declining relevance

BY JASON GONZALES CHALKBEAT.ORG

Despite state school board members deeming the SAT voluntary this year for Colorado high school students, the state education department ordered more than 30,000 test books for about 400 schools to administer it for free in September.

Although the Colorado Department of Education could not say how many students took the college readiness test last month, clearly many students still view the exam as important to their path to college.

James Yepez, a Palmer High School counselor in Colorado Springs, said his students are convinced they need to take the test to get into the school of their choice. College-bound students still believe SAT scores will help their admission chances, he said.

In Colorado, at least for the foreseeable future, the privately administered SAT isn’t going anywhere.

The state uses the test to rate school performance. Students also can use the test to demonstrate proficiency in English and math to meet new graduation requirements that apply to the Class of 2021. Much is also tied to the test, including the determination of merit scholarships — a requirement that’s been placed on pause for 2021 graduates by Colorado public universities, according to the Colorado Department of Higher Education.

Nationwide, more than 1,550 colleges have made the test optional for admissions, increasing about 50% this year, according to Akil Bello of the National Organization for Fair and Open Testing, which opposes how

standardized tests are used in admissions. That’s about two-thirds of all four-year degree granting accredited colleges nationwide, Bello said.

Many schools decided either just before or right after the start of the coronavirus pandemic, said Bello, who is senior director of advocacy and advancement.

He said the unusual circumstances this year can allow Colorado’s college leaders and policy makers an opportunity to reflect on the use of the test, especially for admissions.

Polis OKs provision In response to the pandemic, Colorado Gov. Jared Polis signed into law a provision that allows public colleges and universities to go test-optional.

The University of Colorado-Boulder and Colorado State University decided to go test-optional for one year.

Other Colorado colleges and universities also hit pause on using the SAT for admissions.

The testing companies argue research shows the tests are solid predictors of college success, especially in the first year. And the research also describes how the tests create a more complete picture of student abilities.

The SAT allows schools to sort thousands of applications, said Alejandra Dominguez, a success coach at AdvanceEDU, which provides underrepresented students support in accessing college.

But Dominguez, who has counseled students in the Denver area, said the tests don’t let students showcase their complexities, especially those who are low-income, have a disability, or are from underrepresented groups.

“The tests represent kind of a fixed mindset about students,” Dominguez said. “To think that we can look at a student’s score as a representation of what they can accomplish is just flatout wrong.”

Bello of Fair Test said success on the SAT or ACT can often be boiled down to whether families have the means to pay for preparation tools.

Often, low-income students don’t have access to those tools.

Given the mission of public schools, Bello said, “perpetuating wealth inequality” is not in the public good.

Bello said the tests only provide a small look into whether students can be successful in college. Numerous studies suggest grade-point averages are a better predictor of student success in college. And a slew of research shows students from low-income and underrepresented populations don’t test as well as their white, higherincome peers.

Report urges change A recent National Association for College Admission Counseling report examined the inequities associated with standardized testing for collegegoing students. The report calls for change to the admission process.

The report’s authors said 2020 is the year to reexamine the “appropriate uses, and potential misuses, of standardized tests.”

Colorado College in Colorado Springs made the SAT and ACT optional for applicants last year.

“I don’t think it put any of our decisions at risk,” said Admissions Director Matt Bonser. Before then, the school didn’t heavily weigh the

test. “We were focusing on those areas where students have spent most of their time over those prior 3 to 3 1/2 years,” he said. The change has been over a decade in the making, he said.

The college now reviews applicants’ academic work, grades, and interaction with their communities.

Bonser said he hopes the pandemic allows schools and families time to reflect on what they prioritize. Students shouldn’t have to stress over taking the test multiple times to get the best score, he said.

Yepez of Palmer High said it’s incredibly difficult to advise his students what to do about the test this year.

The differences in admissions requirements mean Yepez must tailor his advice to each college or university.

Yepez said he can’t advise students against taking the test, but tries his best to give them information to attain their goals and consider their individual circumstances. About half of Palmer High School’s student population is low-income and relies on scholarships to access college. Many of those awards require SAT scores.

“It kind of boils down to this sorting factor that indicates, in some way, the belief that because the students scored better on the SAT for three hours they somehow know more than the kids sitting next to them,” Yepez said. “I think that is a gross misunderstanding of what those tests really are showing about our students.”

This story is from Chalkbeat Colorado, a nonprofit news site covering educational change in public schools.

Used by permission. For more, and to support Chalkbeat, visit co.chalkbeat. org.

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The Herald 19

0October 22, 2020

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20 The Herald

October 22, 2020O

Mask store capitalizes on moment in history Customers seek show of style as pandemic requires unwanted fashion accessory

BY MARKIAN HAWRYLUK KAISER HEALTH NEWS

Darcy Velasquez, 42, and her mother, Roberta Truax, were walking recently in the Park Meadows mall in Lone Tree, looking for Christmas gifts for Velasquez’s two children, when they spotted a store with a display of rhinestone-studded masks.

It’s an immutable truth of fashion: Sparkles can go a long way with a 9-year-old.

The store is called COVID-19 Essentials. And it may well be the country’s first retail chain dedicated solely to an infectious disease.

With many U.S. stores closing during the coronavirus pandemic, especially inside malls, the owners of this chain have seized on the empty space, as well as the world’s growing acceptance that wearing masks is a reality that may last well into 2021, if not longer. Masks have evolved from a utilitarian, anything-you-can-find-that-works product into another way to express one’s personality, political leanings or sports fandom.

And the owners of COVID-19 Essentials are betting that Americans are willing to put their money where their mouth is. Prices range from $19.99 for a simple children’s mask to $130 for

the top-of-the-line face covering, with an N95 filter and a battery-powered fan.

Almost all shops and many pop-up kiosks in the Park Meadows mall now sell masks. But COVID-19 Essentials also carries other accessories for the pandemic, in a space that has a more established feel than a holiday pop-up store; permanent signage above its glass doors includes a stylized image of a coronavirus particle. Nestled beside the UNTUCKit shirt store and across from a Tesla showroom, it has neither the brand recognition nor the track record of a JCPenney. But longevity doesn’t seem to have helped that clothing chain or many others escape industry upheaval during the pandemic.

According to analysts at S&P Global Market Intelligence, retail bankruptcies from January to mid-August reached a 10-year-high.

Not that the COVID-19 Essentials owners want their products to be in demand forever.

“I can’t wait to go out of business eventually,” said Nadav Benimetzky, a Miami retailer who founded COVID-19 Essentials, which now has eight locations around the country.

That seemed to be the attitude of most of the customers who walked into the store on a recent Friday afternoon. Most understood the need for masks — face coverings are required to even enter the mall — and thus they recognized the business case for a COVID-19 store. Still, they hoped masks would soon go the way of bellbottoms or leg warmers. For the time being, they’re making the best of the situation.

OUTSIDE Main Street • Downtown Littleton Saturday, October 24 • 6 - 10 p.m.

ing elevator buttons without touching them. Some have a built-in bottle opener. There are ultraviolet-light devices for disinfecting phones and upscale hand sanitizer that employees spray on customers as if it were a department store perfume sample.

But the masks are the biggest draw.

The store can personalize them with rhinestone letters or the kind of ironon patches that teens once wore on their jeans.

Upon entry, customers can check their temperature with a digital forehead scanner with audible directions: “Step closer. Step closer. Temperature normal. Temperature normal.”

The store also has added a sink near the entrance so customers can wash their hands before handling the merchandise.

The COVID-19 Essentials chain recognizes that mask-wearing is more than a temporary inconvenience — it may become the norm well into 2021, or longer.

PHOTO BY MARKIAN HAWRYLUK/KHN

Opportunity seized Nathan Chen, who owns the Lone Tree store with Benimetzky, previously ran a different store at the Denver airport, but as air travel declined, a COVID-focused business seemed a much better venture. The pandemic giveth and the pandemic taketh away.

Benimetzky opened the first COVID-19 Essentials store in the Aventura Mall in suburban Miami after seeing the demand for N95 masks early in the pandemic. “They’re ugly and uncomfortable, and everybody hates them,” he said. “I piggybacked off of that.

If you’re going to wear a mask, you might as well make it fashionable and pretty.”

That could mean a sequin or satin mask for more formal occasions, or the toothy grin of a skull mask for casual affairs. Some masks have zippers to make eating easier, or a hole for a straw, with a Velcro closure for when the cup is sucked dry.

The chain has locations in New York City, New Jersey, Philadelphia and Las Vegas, and is looking to open stores in California, where wildfires have only added to the demand for masks.

Initially, the owners really weren’t sure the idea would fly. They opened the first store just as malls were reopening following the lockdowns.

“We really didn’t grasp how big it would get,” Benimetzky said. “We didn’t go into it with the idea of opening many stores. But we got busy from the second we opened.”

Nancy Caeti, 76, stopped in the Lone Tree store to buy masks for her grandchildren. She bought one with a clear panel for her granddaughter, whose sign language instructor needs to see her lips moving. She bought her daughter, a music teacher and Denver Broncos fan, a mask with the football team’s logo.

“I lived through the polio epidemic,” Caeti said, as her latex-gloved hand inserted her credit card into the card reader. “It reminds me of that, but that I don’t think was as bad.” She recalled how her mother had lined her and her siblings up to get the polio vaccine, and said she’d be first in line for a COVID shot.

That perhaps is the one essential the store does not carry. It hawks keylike devices for opening doors and press-

Passersby puzzled Some mallgoers walk by the store in bewilderment, stopping to take photos to post to social media with a you’ve-got-to-be-kidding message. One older white couple in matching masks noticed a mask emblazoned with the slogan “Black Lives Matter” in the storefront display, and walked away in disgust.

The store takes no political sides; there are three designs of President Donald Trump campaign masks, two for Democratic presidential candidate and former Vice President Joe Biden.

One woman, who declined to give her name, came in wearing a mask below her nose and wondered whether a Trump mask would fit her smallish face. The Trump masks are among the more popular sellers, Chen said, so he keeps them in a bigger cabinet to accommodate the extra stock. It’s not clear if that will forecast the election results, as some have posited with Halloween mask sales.

Daniel Gurule, 31, stopped by the mall on his lunch hour to pick up an Apple Watch but ventured into the store for a new mask. He said that he normally wore a vented mask but that not all places allowed those. (They protect users but not the people around them.) He bought a $24.99 mask with the logo of the Denver Nuggets basketball team.

“It takes away a little bit of our personalities when everybody is walking around in disposable masks,” Chen said. “It kind of looks like a hospital, like everybody is sick.”

Most of the masks are sewn specifically for the retail chain, including many by hand. One of their suppliers is a family of Vietnamese immigrants who sew masks at their Los Angeles home, Benimetzky said. Chen said that it was hard to keep masks in stock, and that every day it seemed some other design became their best seller.

Dorothy Lovett, 80, paused outside the store, leaning on a cane with an animal print design.

“I had to back up and say, `What the heck is this?’” she said. “I’ve never seen a mask store before.”

She perused the display case, noting she needed to find a better option than the cloth version she was wearing.

“I can’t breathe in this one,” said Lovett, who is white, before deciding on her favorite. “I like the Black Lives Matter mask.”

This story is from Kaiser Health News, a nonprofit news service covering health issues. It is an editorially independent program of Kaiser Family Foundation, which is not affiliated with Kaiser Permanente. Used by permission. For more, khn.org.

The Herald 21

0October 22, 2020

Frightful nights still on at Haunted Mansion Reservations required, but spooky fun continues at longtime Halloween staple

BY DAVID GILBERT DGILBERT@COLORADOCOMMUNITYMEDIA.COM

S

ure, a lot of traditions are on hold this year, but fortunately the Reinke Bros. Haunted Mansion isn’t one of them.

The epic haunted house is one of just a handful operating in the Denver metro area this year, thanks to a hefty helping of disease prevention practices like temperature screenings, keeping the actors behind Plexiglas, keeping groups small and spacing out visitors with a reservation system.

But that doesn’t mean the experience is any less scary. Spread over 34 spooky rooms, the haunted house provides loads of frights, jumps, grossouts and freak-outs.

“We still came up with plenty of ways to scare the pants off you,” said Greg Reinke, who owns the combination haunted house and emporium of costumes and magic. “The plus side is, with the groups spaced out like this, you’re pretty much on your own in there. It’s a great experience.”

The Haunted Mansion is at 5663 S. Prince St. in Littleton, and runs through Nov. 1.

Tickets are $19 per person Sunday through Thursday and $22 per person

Greg Reinke, owner of the Reinke Bros. costume and magic emporium, hangs out with a couple of undead horses pulling a spooky carriage in the Haunted Mansion, one of just a few haunted houses operating in the Denver area this year.

PHOTO BY DAVID GILBERT on Friday and Saturday. A special lights-on tour is available for younger

kids on Saturday and Sunday and costs $10 per person.

Reservations are required, and can be made at reinkebrothers.com.

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22 The Herald

October 22, 2020O

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

Ezekiel Tiprigan, who will turn 1 just in time for Halloween, leans on a kid-size pumpkin.

PHOTO BY DAVID GILBERT

Pumpkins a hot commodity at museum

BY DAVID GILBERT DGILBERT@COLORADOCOMMUNITYMEDIA.COM

G

ourds were rolling out of the Littleton Museum’s pasture by the wagonload on Oct. 15, as families loaded up on soonto-be jack-o’-lanterns.

“It’s 2 p.m. and I’m already up to 164 pumpkins sold today,” said Pat Rodriguez, a volunteer with the Friends of the Littleton Museum and Library, the group the pumpkin patch raises

money for. “Lots of families have been coming here for years, but this year it’s extra special. People are just happy to be out doing something.”

That includes the Tiprigan family, who loaded their double-wide stroller with pumpkins bound for front porch duty.

“We tried to grow some in the garden, and we got all of one,” said Elissa Tiprigan. “I think that one is going to become a pie. That’s fine, because the kids love it here.”

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The Herald 23

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New Location: QDEN Annex 1105 West 48th Avenue Denver, CO 80221 Fedex Ground is an equal opportunity/affirmative action employer (Minorities/Females/Disability/Veterans) committed to a diverse workforce.

24 The Herald

October 22, 2020O

www.ColoradoServiceDirectory.com

To Advertise call Karen 303.566.4091

kearhart@coloradocommunitymedia.com Handyman Insurance

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• Elder Care/Home Health Care/Personal Assistant • Housecleaning /Organizing /Meal Prep • Errands/Shopping /Downsizing /Companion Work • Pet/House Sitting /Childcare • Gardening

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Blinds

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TM

Do you know the difference between a Broker and an Agent?

It’s the Annual Election Period. Call Karl today!

Taking the Mystery out of Medicare*

Blinds

Karl Bruns-Kyler (303) 416-6304

Blind Repair 303-564-4809 Veteran, Family owned www.designcraftblindsandfloors.com

Carpet/Flooring

Driveways, Sidewalks, Patios Driveways, Sidewalks, Patios Tear-outs, stamped & colored Tear-outs, stamped & colored concrete.

Quality work, Lic./Ins. concrete. Quality Reasonable rates work, Lic./Ins. "Small Jobs OK!" Reasonable rates 303-514-7364 "Small Jobs OK!" tmconcrete.net 303-514-7364

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• CARPET REPAIRS •RE-STRETCHING • PET DAMAGE

n:

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’s DeSpain HOME SOLUTIONS

Solving All your Remodeling & Repair Problems – Just Ask!

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Blinds Break, We Fix ‘Em!

Most Major Brands of Blinds, Shades, & Shutters Call Joseph For Mobile Repair

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for spring & early summer

Prime Site Work & Concrete, Inc. Custom Concrete & Design Services Driveways • Walls • Footers • Sidewalks Barn & Garage Floors • Patios Front Porches & Steps Stone Textured Concrete Retaining Walls

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Electricians

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BEST PRICES

Any job over 400 SF give us a call!

30+ years experience Clem: 303-973-6991

FREE ESTIMATES

Cowboy Fencing is a full service fence & gate company installing fences in Colorado for 23 6 years.

Residential/Commercial/ Farm & Ranch Fencing Low rates, Free estimates

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Over 30 Years Experience Licensed & Insured

Eric DeSpain 303-840-1874

ESIGNS, INC

Concrete/Paving

Ty Barrett

Fence Services

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Scott, Owner - 720-364-5270

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Giving FREE estimates on fence and deck staining and sealing.

The cold is coming, get your wood ready for the winter!

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FOR ALL YOUR GARAGE DOOR NEEDS!

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Hauling Service

Cut Rate Hauling Trash / Rubbish / Debris and Junk Removal Professional and Reliable Year Round Service Rubin (720)434-8042 Kerwin (720) 519-5559

The Herald 25

0October 22, 2020 Property Management

Lawn/Garden Services

Tree Service

A-1 Stump Removal Alpine Landscape Management Weekly Mowing, Aerate, Fertilize, Fall Clean Up, Small Trees, Trim Bushes & Snow Removal, Senior Discounts

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PROFESSIONAL OUTDOOR SERVICES

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Licensed / Insured

DICK 303-783-9000 RON’S LANDSCAPING Yard Clean-up, Raking, Weeding, Flower Bed Maintenance, Shrubbery Trimming Soil Prep - Sod Work Trees & Shrub Replacement also Small Tree & Bush Removal Bark, Rock Walls & Flagstone Work FREE Estimates Family owned business with over 35 yrs. exp.

Call or email Ron 303-758-5473

vandergang@comcast.net

Colorado Lawn Care, LLC SPRING/SUMMER:

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• Internet/TV Cable & Outlets •Ceiling Fans •Thermostats •Wall-Mounted TV’s • And many more services Free Estimates All Work Guaranteed

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Painting

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Painting

Interior • Exterior Residential Specialist Woodworking, Decks Fences: pressure washing / Drywall patch Free Estimates • Great Winter Rates

Highlands Ranch resident

Call Joseph

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A father and son team!

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Roofing/Gutters

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Call Stump grinding specialist or Most stumps $75.00 & up Text $55 Minimum.

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- Call Dave Vaughn 720-427-7422 - davegoldenspikeroofing@gmail.com

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Local Parker Business and Family Owned.

Plumbing

exterior • interior residential repaints Re-caulk all home complete prime all caulked areas / replace any damaged boards/ popcorn removal drywall and texture repair/fences and decks/insured and bonded

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Tree Service

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L.S. PAINTING, Inc. Littleton Based & Family Owned

• Gutters • Insurance Claims

Free Instant Phone Quote Repair or Replace: Faucets, Sprinklers, Toilets, Sinks, Disposals, Water Heaters, Gas Lines, Broken Pipes, Spigots/ Hosebibs, Water Pressure Regulator, Ice Maker, Drain Cleaning, Dishwasher Instl., for coupons go to vertecservices.com CALL Vertec 303-371-3828

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Residential Experts

Residential Experts We paint over 800 Homes Per Year No Deposit Ever Satisfaction Guaranteed 5 year, 7 year and 9 year Exterior Warranties 2 Yr. Interior Warranty Licensed & Insured up to $2 Million Locally Owned and Operated In business for 29 years Free Color Consulting & Samples

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All Int. & Ext. CALL TODAY FOR YOUR FREE QUOTE

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ANCHOR PLUMBING

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Plumb-Crazy, LLC.

“We’re Crazy About Plumbing” CUSTOM HOMES • REMODEL FINISHED BASEMENTS SERVICE AND REPAIR Licensed • Insured ALAN ATTWOOD, Master Plumber

PH: 303-472-8217 FX: 303-688-8821

www.innovativepaintingllc.com

A-1 Stump Removal Stump grinding specialist

Most stumps $75.00 Call $55 Minimum.

Free estimates. or Licensed & Insured. text 39 years experience.

10% off when coupon presented

A father and son team!

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Abraham Spilsbury Owner/Operator

All Types of Roofing New Roofs, Reroofs, Repairs & Roof Certifications Aluminum Seamless Gutters Family owned/operated since 1980 Call Today for a FREE Estimate • Senior Discounts

(303) 234-1539

www.AnyWeatherRoofing.com • Sales@AnyWEatherRoofing.com

Sprinklers

Columbine Custom Contracting • Sprinkler Blow Outs $40

• Gutter Clean ups $40 • Fertilization $30 • Fence Repair & Painting • Aerations $40 • Power wash decks & houses • Clean Up / Tree service • Garage Doors • Interior/Exterior Painting • Licensed Plumber

Tony 720-210-4304 Tile

ANYTHING TILE

● Marble ● Repairs ● Granite Counter Tops Remodeling is my specialty!

Call now for free estimate

(303) 646-0140

Please Recycle this Publication when Finished

FREE Estimates

ABE’S TREE & SHRUB CARE

Dirty Jobs

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• Stain and Renew Custom Handrails • Custom Interior & Exterior • Residential & Commercial Painting • Paint Kitchen Cabinets • Free Estimates - Insured • 30 Years Serving Metro Denver • Satisfaction Guaranteed

• Siding

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• Roofing

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www.booneremodeling.com

Painting

Tile

• Pruning • Removals • Shrub Maintenance • FreeEstimates Certified Arborist,Insured, Littleton Resident 720.283.8226 • C:720.979.3888 aspilsbury@msn.com

Tree and Shrub Trimming CALL FOR FREE QUOTE

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TOP WINDOW CLEANING #1 in Customer Satisfactions

10% OFF to NEW CUSTOMERS Over 20 Years Experience Insured / Bonded Call Today For A FREE Estimate Quality work guaranteed Gutter, Tree Trimming/Removal

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26 The Herald

October 22, 2020O

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

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Classifieds

Health & Beauty

Misc. Notices

VIAGRA and CIALIS USERS! 100 Generic Pills SPECIAL $99.00 FREE Shipping! 100% guaranteed.

24/7 CALL NOW! 888-445-5928 Hablamos Espanol

CASH FOR CARS: We Buy Any Condition Vehicle, 2002 and Newer.

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WIDOWED MEN AND WOMEN OF AMERICA. A social club offering many exciting activities and life long friendships.

Social hours for all areas of Metro Denver.

Visit Widowedamerica.org for details In your area!

Merchandise

Medical Attention oxygen therapy users! Inogen One G4 is capable of full 24/7 oxygen delivery. Only 2.8 pounds.

Free info kit. Call 877-929-9587

Miscellaneous Protect your home w/home security monitored

by ADT. Starting at $27.99/mo. Get free equipment bundle including keypad, motion sensor, wireless door & windows sensors.

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Firewood

DISH TV $59.99 190 Channels + $14.95 High Speed Internet. Free Installation, Smart HD DVR & voice remote. Restrictions apply. 1-833872-2545.

Split & Delivered $300 a cord Stacking available extra $50 Call 303-647-2475 or 720-323-2173

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bris-blocking protection. Schedule free estimate. 15% off Purchase.

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Covers for 350 procedures. Real insurance - not a discount plan. Get your free dental info kit!

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BOY SCOUT COMPENSATION FUND - Anyone inappropriately touched by a Scout leader deserves justice & compensation! Victims may be eligible for significant cash settlement. Time to is limited. 833729-0164 Wesley Financial Group, LLC timeshare Cancellation Experts Over $50,000,000 in timeshare debt & fees cancelled in 2019. Get free info package & learn how to get rid of your timeshare! Free consult. Over 450 positive reviews. Call 844-909-3339

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Rentals Apartments To Advertise call Karen 303.566.4091

Home for Sale

kearhart@coloradocommunitymedia.com

2495 SELL YOUR HOME ½ %

$

OR

over 500k

up to 500k

If Buying a home in Denver Metro & I’m Agent

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BUYING only?

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sale base price*

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*Commissions subject to change

Please Recycle this Publication when Finished

Apartment 750sq on ground floor of Broadway near Hampden. ADA ok. Require first, last and security deposit. $1,750/month. Renter pays utilities. Avail. January 1st.

Call Don 303-884-4632

Duplexes/Multiplexes 2 UNITS AVAILABLE! Wheat Ridge / Applewood Area Ideal for small family or retired couple 3 Bdrm, 2 Bathroom, w/ Bonus Room, No Pets, Non-Smoking Units East Unit - $1,600 /mo West Unit w/ deck - $1,675 /mo Security Deposit - $ 1,500 Water, Trash, Sewer & Lawn Mowing included Brookside Town Homes 3651 Parfet Street 303-202-9153

access. Asking $8500 or best offer Call 303-422-3318 ME.

Scrap Metal, Batteries, Appliances, Wiring, Scrap Plumbing/Heating, Cars/Parts, Clean out Garages/Yards, Rake, Yard work done w/chainsaw, Certified Auto Mechanical / Body Work & paint available Also can do inside or outside cleaning 303-647-2475 / 720-323-2173

Wanted

CARS/TRUCKS WANTED!!! 2002 and Newer! Any Condition. Running or Not. Competitive Offer! Free Towing! We’re Nationwide! Call Now: 1-888-416-2330.

AT&T Internet. Starting at $40/month w/12-mo agreement. 1 TB of data/ month. Ask how to bundle & SAVE! Geo & service restrictions apply.

1-888-796-8850 Attention homeowners! You can protect your appliances & systems. For just a little more than a $1.00/day.

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Pets Wanted

Cash for all Vehicles!

Cars, Trucks, Vans, SUV’s Any condition • Running or not No title OK • Free towing

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Cell: (303)918-2185 for texting

Bestcashforcarsco.com

TO ADVERTISE CALL 303-566-4100

The Herald 27

0October 22, 2020

www.ColoradoCommunityMedia.com/Notices

PUBLIC NOTICES

Public Notices call Sheree 303.566.4088 Legals

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

DATE: 10/14/2020 Susan Sandstrom, Public Trustee in and for the County of Arapahoe, State of Colorado By: Susan Sandstrom, Public Trustee

COMBINED NOTICE - RESCHEDULED PUBLICATION CRS §38-38-109(2)(c)(II) FORECLOSURE SALE NO. 0442-2019 To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust: On August 23, 2019, 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) MARY L. WENKE Original Beneficiary(ies) HOUSEHOLD FINANCE CORPORATION III Current Holder of Evidence of Debt REO TRUST 2017-RPL1 Date of Deed of Trust November 24, 2004 County of Recording Arapahoe Recording Date of Deed of Trust November 30, 2004 Recording Information (Reception No. and/or Book/Page No.) B4206063 Original Principal Amount $223,157.11 Outstanding Principal Balance $177,223.78

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. 0442-2019 Single Publication: 10/22/2020 Name of Publication: Littleton Independent COMBINED NOTICE - PUBLICATION CRS §38-38-103 FORECLOSURE SALE NO. 0183-2020

LOT 47, BLOCK 3, THE KNOLLS FILING NO 5, COUNTY OF ARAPAHOE, STATE OF COLORADO. Also known by street and number as: 3737 E GEDDES PL, 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, 11/18/2020, 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.

Also known by street and number as: 249 E HIGHLINE CIR UNIT 307, CENTENNIAL, CO 80122.

NOTICE OF SALE

©Public Trustees’ Association of Colorado Revised 1/2015

THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.

MEADOWS CONDOMINIUMS, IN ACCORDANCE WITH THE DECLARATION RECORDED OCTOBER 25, 1978, IN BOOK 2873 AT PAGE 367, AND CONDOMINIUM MAP RECORDED ON OCTOBER 25, 1978, AS RECEPTION NO. 1786266, BOOK 36 AT PAGES 31 AND 32 OF THE COUNTY OF ARAPAHOE RECORDS, TOGETHER WITH THE EXCLUSIVE RIGHT TO USE THE FOLLOWING COMMON ELEMENTS: PARKING SPACE 590, COUNTY OF ARAPAHOE, STATE OF COLORADO.

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

Attorney File # 00000007018088 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.

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.

Single Publication: 10/22/2020 Name of Publication: Littleton Independent

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

legals@coloradocommunitymedia.com

To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust: On July 28, 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) ROBERT M. WILLIAMS Original Beneficiary(ies) DONNA J SNYDER Current Holder of Evidence of Debt 249 E HIGHLINE NOTE LLC Date of Deed of Trust December 31, 2014 County of Recording Arapahoe Recording Date of Deed of Trust January 02, 2015 Recording Information (Reception No. and/or Book/Page No.) D5000321 Re-Recording Date of Deed of Trust January 05, 2015 Re-Recording Information (Reception No. and/or Book/Page No.) D5001095 Original Principal Amount $64,500.00 Outstanding Principal Balance $50,225.14

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, 11/25/2020, 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: 10/1/2020 Last Publication: 10/29/2020 Name of Publication: Littleton Independent

NOTICE OF ADOPTION OF ORDINANCE On the 19th day of October 2020, the City Council of the City of Englewood, Colorado, adopted on final reading the following Ordinance:

BY AUTHORITY ORDINANCE NO. 44 SERIES OF 2020 AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD, COLORADO, FOR FISCAL YEAR BEGINNING JANUARY 1, 2021, AND ENDING DECEMBER 31, 2021, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR FISCAL YEAR 2021.

(Council Bill No. 34)

Legal Notice No. 300789 First Publication: October 22, 2020 Last Publication: October 22, 2020 Publisher: The Englewood Herald __________________________________

CITY OF ENGLEWOOD NOTICE OF APPROVAL OF A BILL FOR AN ORDINANCE On the 19th day of October 2020, the City Council of the City of Englewood, Colorado, approved on first reading the following Council Bill:

DATE: 07/28/2020 Susan Sandstrom, Public Trustee in and for the County of Arapahoe, State of Colorado By: Susan Sandstrom, Public Trustee

A BILL FOR AN ORDINANCE ESTABLISHING STORM WATER UTILITY AND ENTERPRISE FUND USER FEES IN ACCORDANCE WITH TITLE 12, CHAPTER 5, SECTION 4, SUBSECTION E, OF THE ENGLEWOOD MUNICIPAL CODE 2000.

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.

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. 300772 First Publication: October 22, 2020 Last Publication: October 22, 2020 Publisher: The Englewood Herald

©Public Trustees’ Association of Colorado Revised 1/2015

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. CONDOMINIUM UNIT NO. 249307, HIGHLINE

Public Notice CITY OF ENGLEWOOD NOTICE OF ADOPTION OF ORDINANCE

On the 19th day of October 2020, the City Council of the City of Englewood, Colorado, adopted on final reading the following Ordinance:

BY AUTHORITY ORDINANCE NO. 39 SERIES OF 2020

Public Notice

AN ORDINANCE CONCERNING THE AMENDMENT OF TITLE 8, CHAPTER 2, ARTICLE B, OF THE ENGLEWOOD MUNICIPAL CODE, IN CONNECTION WITH ADOPTION OF THE INTERNATIONAL MECHANICAL CODE, 2018 EDITION, AND SUCH AMENDMENTS AS SET FORTH HEREIN, ALL WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO. (Council Bill No. 43) 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. 300784 First Publication: October 22, 2020 Last Publication: October 22, 2020 Publisher: The Englewood Herald Public Notice CITY OF ENGLEWOOD NOTICE OF ADOPTION OF ORDINANCE

On the 19th day of October 2020, the City Council of the City of Englewood, Colorado, adopted on final reading the following Ordinance:

BY AUTHORITY ORDINANCE NO. 41 SERIES OF 2020

CITY OF ENGLEWOOD

Legal Notice NO. 0183-2020 First Publication: 10/1/2020 Last Publication: 10/29/2020 Name of Publication: Littleton Independent

City and County

Legal Notice No. 300774 First Publication: October 22, 2020 Last Publication: October 22, 2020 Publisher: The Englewood Herald

Public Notice

BY AUTHORITY COUNCIL BILL NO. 50 INTRODUCED BY COUNCIL MEMBER WINK

Carol M. Conley #21390 Gantenbein Law Firm 1760 Gaylord Street, Denver, CO 80206 (720) 441-3625 Attorney File # Robert Williams

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.

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.

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;

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

AN ORDINANCE AMENDING TITLE 16, CHAPTER 4, SECTION 2 OF THE ENGLEWOOD MUNICIPAL CODE 2000, REGARDING UPDATES TO THE JURISDICTION AND APPLICABILITY OF THE FLOODPLAIN REGULATIONS OF THE CITY OF ENGLEWOOD, COLORADO. (Council Bill No. 27)

NOTICE OF ADOPTION OF ORDINANCE On the 19th day of October 2020, the City Council of the City of Englewood, Colorado, adopted on final reading the following Ordinance:

PUBLIC NOTICE CITY OF ENGLEWOOD

BY AUTHORITY ORDINANCE NO. 31 SERIES OF 2020

AN ORDINANCE CONCERNING THE AMENDMENT OF TITLE 8, CHAPTER 2, ARTICLE F, OF THE ENGLEWOOD MUNICIPAL CODE, IN CONNECTION WITH ADOPTION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE, 2018 EDITION, AND SUCH AMENDMENTS AS SET FORTH HEREIN, ALL WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO. (Council Bill No. 45)

Ownership Statement Englewood Herald Public Notice UNITED STATES POSTAL SERVICE Statement of Ownership, Management, and Circulation (All Periodicals Publications Except Requester Publications) 1. Publication Title: Englewood Herald 2. Publication Number: 176-680 3. Filing Date: 9.25.2020 4. Issue Frequency: Weekly 5. Number of Issues Published Annually: 52 6. Annual Subscription Price: $40.00 $25 Senior 65+ 7. Complete Mailing Address of Known Office of Publication (Not Printer): 750 W. Hampden Avenue, Suite 225 Englewood, Colorado 80110 Contact Person: Lindsay Nicoletti Telephone (include Area Code): 303-566-4071 8. Complete Mailing Address of Headquarters or General Business Office Of Publisher (Not Printer): 750 W. Hampden Avenue, Suite 225 Englewood, Colorado 80110 9. Full Names and Complete Mailing

Addresses of Publisher, Editor, and Managing: Publisher: Macari Healey Publishing 750 W. Hampden Avenue, Suite 225 Englewood, Colorado 80110 Editor: Chris Rotar 750 W. Hampden Avenue, Suite 225 Englewood, Colorado 80110 Managing Editor: Chris Rotar 750 W. Hampden Avenue, Suite 225 Englewood, Colorado 80110 10. Owner: Full Name and Complete Mailing Address: Macari Healey Publishing, Gerald & Ann Healey 750 W. Hampden Avenue, Suite 225 Englewood, Colorado 80110 11. Known Bondholders. Mortgagees, and Other Security Holders Owning or Holding 1 Percent or More of Total Amount of Bonds, Mortgages, or Other Securities.

If none, check box [X] None 12. Tax Status (Check one) The purpose, function, and nonprofit status of this organization and the exempt status for federal income tax purposes:

[X] Has Not Changed During Preceding 12 Months [ ] Has Changed During Preceding 12 Months 13. Publication Title: Englewood Herald 14. Issue Date for Circulation Data Below: 9.17.20 15. Extent and Nature Of Circulation: Average No. Copies of Each Issue During Preceding 12 Months No. Copies of Single Issue Published Nearest to Filling Date: a. Total Number of Copies (Net Press Run): 462 424 b. Paid Circulation (By Mail and outside the Mail) (1) Mailed Outside-County Paid Subscriptions Stated on PS Form 3541 (include paid distribution above nominal rate, advertiser’s proof copies, and exchange copies) 13 13 (2) Mailed In-County Paid Subscriptions Stated on PS Form 3541 (include paid distribution above nominal rate, advertiser’s proof copies, and exchange copies)

196 186 (3) Paid Distribution Outside the Mails including Sales Through Dealers and Carriers, Street Vendors, Counter Sales, and Other Paid Distribution Outside USPS® 100 100 (4) Paid Distribution by Other Classes of Mail Through the USPS (e.g. First Class®) 0 0 c. Total Paid Distribution (Sum of 15b (1), (2), (3). and (4) 309 299 d. Free or Nominal Rate Distribution (

By Mail and Outside the Mail) (1) Free or Nominal Rate OutsideCounty Copies included on PS Form 3541 1 0 (2) Free or Nominal Rate In-County Copies included on PS Form 3541 1 0 (3) Free or Nominal Rate Copies Mailed at other Classes Through The USPS (e.g. First-Class Mail) 0 0

(4) Free or Nominal Rate Distribution Outside the Mail (Carriers or other means) 63 75 e. Total Free or Nominal Rate Distribution (Sum of 15d (1), (2), (3) and (4) 65 75 f. Total Distribution (Sum of 15c and 15e) 374 374 g. Copies not Distributed (See Instructions to Publishers #4 (Page #3) 88 50 h. Total (Sum of 15f and g) 462 424 i. Percent Paid (15c divided by 15f times 100) 82.6% 79.9% 16. Electronic Copy Circulation N/A

of Ownership [X] If the publication is a general publication, publication of this statement is required. Will be printed in the 10.17.19 issue of this publication.

17. Signature and Title of Editor, Publisher, Business Manager, or Owner Gerard J. Healey Date 9.25.2020 I certify that all information furnished on this form is true and complete. I understand that anyone who furnishes false or misleading information on this form or who omits material or information requested on the form may be subject to criminal sanctions (including fines and imprisonment) and/or civil sanctions (including civil penalties).

First Publication: October 22, 2020 Last Publication: October 22, 2020 Publisher:Englewood Herald

[X] I certify that 50% of all my distributed copies (electronic and print) are paid above a nominal price.

Publication of Statement

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Public Notices 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. 300786 First Publication: October 22, 2020 Last Publication: October 22, 2020 Publisher: The Englewood Herald Public Notice CITY OF ENGLEWOOD NOTICE OF ADOPTION OF ORDINANCE On the 19th day of October 2020, the City Council of the City of Englewood, Colorado, adopted on final reading the following Ordinance:

BY AUTHORITY ORDINANCE NO. 36 SERIES OF 2020 AN ORDINANCE CONCERNING THE AMENDMENT OF TITLE 8, CHAPTER 2, ARTICLE I, OF THE ENGLEWOOD MUNICIPAL CODE, IN CONNECTION WITH ADOPTION OF THE INTERNATIONAL ENERGY CONSERVATION CODE, 2018 EDITION, AND SUCH AMENDMENTS AS SET FORTH HEREIN, ALL WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO. (Council Bill No. 40) 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. 300780 First Publication: October 22, 2020 Last Publication: October 22, 2020 Publisher: The Englewood Herald Public Notice CITY OF ENGLEWOOD NOTICE OF ADOPTION OF ORDINANCE On the 19th day of October 2020, the City Council of the City of Englewood, Colorado, adopted on final reading the following Ordinance:

BY AUTHORITY ORDINANCE NO. 34 SERIES OF 2020 AN ORDINANCE CONCERNING THE AMENDMENT OF TITLE 8, CHAPTER 2, ARTICLE A, OF THE ENGLEWOOD MUNICIPAL CODE, IN CONNECTION WITH ADOPTION OF THE INTERNATIONAL BUILDING CODE, 2018 EDITION, AND SUCH AMENDMENTS AS SET FORTH HEREIN, ALL WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO. (Council Bill No. 38) 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. 300779 First Publication: October 22, 2020 Last Publication: October 22, 2020 Publisher: The Englewood Herald Public Notice CITY OF ENGLEWOOD NOTICE OF APPROVAL OF A BILL FOR AN ORDINANCE On the 19th day of October 2020, the City Council of the City of Englewood, Colorado, approved on first reading the following Council Bill:

BY AUTHORITY COUNCIL BILL NO. 51 INTRODUCED BY COUNCIL MEMBER STONE A BILL FOR AN ORDINANCE CONCERNING AN AMENDMENT OF TITLE 11, CHAPTER 1 OF THE MUNICIPAL CODE (2000) OF THE CITY OF ENGLEWOOD, COLORADO, IN CONNECTION WITH REGULATING TRAFFIC WITHIN THE CORPORATE LIMITS OF SUCH CITY, INCORPORATING BY REFERENCE THE 2020 EDITION OF THE “MODEL TRAFFIC CODE FOR COLORADO”, AS MODIFIED BY APPLICABLE ADDITIONS, DELETIONS AND AMENDMENTS AS SET FORTH HEREIN, 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. 300773 First Publication: October 22, 2020 Last Publication: October 22, 2020 Publisher: The Englewood Herald Public Notice CITY OF ENGLEWOOD NOTICE OF ADOPTION OF ORDINANCE On the 19th day of October 2020, the City Council of the City of Englewood, Colorado, adopted on final reading the following Ordinance:

BY AUTHORITY ORDINANCE NO. 37 SERIES OF 2020 AN ORDINANCE CONCERNING THE AMENDMENT OF TITLE 8, CHAPTER 2, ARTICLE J, OF THE ENGLEWOOD MUNICIPAL CODE, IN CONNECTION WITH ADOPTION OF THE

INTERNATIONAL EXISTING BUILDING CODE, 2018 EDITION, AND SUCH AMENDMENTS AS SET FORTH HEREIN, ALL WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO (Council Bill No. 41) 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. 300782 First Publication: October 22, 2020 Last Publication: October 22, 2020 Publisher: The Englewood Herald Public Notice CITY OF ENGLEWOOD NOTICE OF ADOPTION OF ORDINANCE On the 19th day of October 2020, the City Council of the City of Englewood, Colorado, adopted on final reading the following Ordinance:

BY AUTHORITY ORDINANCE NO. 42 SERIES OF 2020 AN ORDINANCE CONCERNING THE AMENDMENT OF TITLE 8, CHAPTER 2, ARTICLE G, OF THE ENGLEWOOD MUNICIPAL CODE, IN CONNECTION WITH ADOPTION OF THE INTERNATIONAL RESIDENTIAL CODE, 2018 EDITION, AND SUCH AMENDMENTS AS SET FORTH HEREIN, ALL WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO. (Council Bill No. 46) 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. 300787 First Publication: October 22, 2020 Last Publication: October 22, 2020 Publisher: The Englewood Herald Public Notice CITY OF ENGLEWOOD NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing before the Englewood City Council will be held on November 2, 2020 at the hour of 7:00 p.m. Due to COVID-19, the meeting will be held virtually.

Case #SUB2020-001 Vacation of Right-ofWay: The issue to be heard before City Council is a request to vacate approximately 16,500 square feet of South Pennsylvania Street rightof-way as well as the vacation of approximately 4,400 square feet of alley located south of the East Girard Avenue and South Pennsylvania Street intersection. The vacation request is to facilitate the Swedish Medical Tower Expansion Project.

Address: 410 East Girard Avenue; 3431, 3435, 3419, and 3430 South Pennsylvania Street; 501 East Hampden Avenue A copy of the vacation of right-of-way application is on file in the Community Development Department and may be reviewed upon request.

Anyone interested in this matter may be heard at the Public Hearing by calling 303.762.2430 or by emailing CityClerk@englewoodco.gov 24 hours prior to the public hearing for directions on providing public comment virtually or in person.

By Order of the Englewood City Council /s/ Stephanie Carlile Stephanie Carlile, City Clerk Legal Notice No. 300763 First Publication: October 22, 2020 Last Publication: October 22, 2020 Publisher: The Englewood Herald Public Notice CITY OF ENGLEWOOD NOTICE OF APPROVAL OF A BILL FOR AN ORDINANCE On the 19th day of October 2020, the City Council of the City of Englewood, Colorado, approved on first reading the following Council Bill:

BY AUTHORITY COUNCIL BILL NO. 48 INTRODUCED BY COUNCIL MEMBER SIERRA A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE CITY OF ENGLEWOOD AND THE ARAPAHOE COUNTY SCHOOL DISTRICT NO. 1, A.K.A. “ENGLEWOOD SCHOOL DISTRICT”.

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. 300771 First Publication: October 22, 2020 Last Publication: October 22, 2020 Publisher: The Englewood Herald Public Notice CITY OF ENGLEWOOD NOTICE OF ADOPTION OF ORDINANCE On the 19th day of October 2020, the City Council of the City of Englewood, Colorado, adopted on final reading the following Ordinance:

BY AUTHORITY ORDINANCE NO. 32 SERIES OF 2020 AN ORDINANCE ADOPTING THE BUDGET FOR THE SOUTH PLATTE RENEW FOR FISCAL YEAR 2021.

(Council Bill No. 36) 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. 300777 First Publication: October 22, 2020 Last Publication: October 22, 2020 Publisher: The Englewood Herald Public Notice CITY OF ENGLEWOOD NOTICE OF ADOPTION OF ORDINANCE On the 19th day of October 2020, the City Council of the City of Englewood, Colorado, adopted on final reading the following Ordinance:

BY AUTHORITY ORDINANCE NO. 35 SERIES OF 2020 AN ORDINANCE CONCERNING THE AMENDMENT OF TITLE 8, CHAPTER 2, ARTICLE D, OF THE ENGLEWOOD MUNICIPAL CODE, IN CONNECTION WITH ADOPTION OF THE NFPA70 – NATIONAL ELECTRICAL CODE, 2020 EDITION, ALL WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO. (Council Bill No. 39) 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. 300781 First Publication: October 22, 2020 Last Publication: October 22, 2020 Publisher: The Englewood Herald Public Notice CITY OF ENGLEWOOD, COLORADO NOTICE OF COORDINATED ELECTION NOVEMBER 3, 2020 Notice is hereby given that in accordance with the Englewood Home Rule Charter, and Ordinance No. 29, Series of 2020, a Coordinated Election, conducted by the Arapahoe County Clerk and Recorder, will be held on November 3, 2020.

The November 3, 2020 Coordinated Election will be a Mail Ballot Election.

Mail Ballots will be sent through the mail beginning October 9, 2020.

The deadline to return completed ballots is 7:00 p.m. on Election Day, November 3, 2020.

Ballots received after that deadline will not be counted.

Arapahoe County voters can drop off their mail ballots in the secure 24-hour Mail Ballot drop-off box on the northeast side of Englewood Civic Center, 1000 Englewood Parkway, accessible from our circular driveway (across from the fountain).

The City of Englewood, 1000 Englewood Parkway, 2nd Floor, will be a Voter Service and Polling Center (VSPC) GENERAL HOURS: Monday – Friday 8am – 5pm ADDITIONAL HOURS: Saturday October 31st 8am – 5pm Tuesday November 3rd 7am – 7pm (Election Day) Arapahoe County citizens may visit any of the Voter Service and Polling Centers for the following services: • Drop-off a voted mail-in ballot • Register to vote in-person • Update voter registration • Replace a damaged mail ballot • Request a ballot • Vote on an accessible electronic tablet Visit the Arapahoe County Election website (arapahoevotes.com) to find a list and hours of operation of mail ballot drop-off sites and Voter Service and Polling Centers, check your voter registration status, or for additional election information.

Designated Coordinated Election Official ArapahoeCountyClerkandRecorder 5334 South Prince Street Littleton, CO 80166 303.795.4511 arapahoevotes.com Local Designated Election Official Englewood City Clerk, Stephanie Carlile 1000 Englewood Parkway Englewood, CO 80110 303.762.2430 englewoodco.gov Listed below are the City of Englewood ballot issues/questions certified by the City of Englewood City Clerk, to the Arapahoe County Clerk and Recorder, to be decided upon at the November 3, 2020 General Coordinated Election. *** Referred Ballot Question 2A Shall the City of Englewood, without increasing taxes, be authorized but not obligated to provide high-speed internet services (advanced services), telecommunication services, and/or cable television services as defined by Article 27 of Title 29 of the Colorado Revised Statutes, including but

not limited to, any new and improved high bandwidth services based on future technologies, to residents, businesses, schools, libraries, nonprofit entities, and other users of such services within the boundaries of the City, either directly or indirectly, with or without public and/or private sector partners, without limiting its home rule authority?

YES __ NO __ _____________________________________ Referred Ballot Issue 2B SHALL CITY OF ENGLEWOOD TAXES BE INCREASED BY $100,000.00 ANNUALLY IN THE FIRST FISCAL YEAR, AND BY SUCH AMOUNTS AS ARE RAISED ANNUALLY THEREAFTER,

BY AN INCREASE IN THE CITY’S LODGING TAX FROM 2% TO 5%, WITH SUCH TAX TO BE LEVIED ON THE COST OF THE RENTAL FEE, PRICE OR OTHER CONSIDERATION PAID OR RECEIVED FOR THE LODGING ON EACH FULL DOLLAR OF SAID RENTAL FEE, COST OR OTHER CONSIDERATION PAID, WITH THE TAX INCREASE COMMENCING ON JANUARY 1, 2021, WITH THE REVENUES FROM SUCH TAX TO BE USED FOR ANY LAWFUL GOVERNMENTAL PURPOSE DETERMINED BY THE CITY COUNCIL; AND SHALL THE REVENUES FROM SUCH TAX AND ANY INVESTMENT EARNINGS THEREON BE COLLECTED AND SPENT BY THE CITY AS A VOTER-APPROVED REVENUE CHANGE, WITHOUT REGARD TO ANY SPENDING, REVENUE-RAISING OR OTHER LIMITATION CONTAINED IN ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW? YES __

NO __ ***

This Election Notice was provided by City Clerk, Stephanie Carlile, City of Englewood Designated Election Official.

Official Website of the City of Englewood, Colorado Legal Notice No. 300755 First Publication: October 15, 2020 Last Publication: October 22, 2020 Publisher: The Englewood Herald Public Notice CITY OF ENGLEWOOD NOTICE OF ADOPTION OF ORDINANCE On the 19th day of October 2020, the City Council of the City of Englewood, Colorado, adopted on final reading the following Ordinance:

BY AUTHORITY ORDINANCE NO. 46 SERIES OF 2020 AN ORDINANCE CONCERNING THE AMENDMENT OF TITLE 8, CHAPTER 2, ARTICLE E, OF THE ENGLEWOOD MUNICIPAL CODE, IN CONNECTION WITH ADOPTION OF THE INTERNATIONAL FIRE CODE, 2018 EDITION, AND SUCH AMENDMENTS AS SET FORTH WITHIN ATTACHMENT A, ALL WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO. (Council Bill No. 47) 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. 300788 First Publication: October 22, 2020 Last Publication: October 22, 2020 Publisher: The Englewood Herald Public Notice CITY OF ENGLEWOOD NOTICE OF ADOPTION OF ORDINANCE On the 19th day of October 2020, the City Council of the City of Englewood, Colorado, adopted on final reading the following Ordinance:

BY AUTHORITY ORDINANCE NO. 43 SERIES OF 2020 AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO, FOR FISCAL YEAR 2021.

(Council Bill No. 33) 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. 300775 First Publication: October 22, 2020 Last Publication: October 22, 2020 Publisher: The Englewood Herald Public Notice CITY OF ENGLEWOOD NOTICE OF ADOPTION OF ORDINANCE On the 19th day of October 2020, the City Council of the City of Englewood, Colorado, adopted on final reading the following Ordinance:

BY AUTHORITY ORDINANCE NO. 45 SERIES OF 2020 AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD, COLORADO. (Council Bill No. 35) 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. 300776 First Publication: October 22, 2020 Last Publication: October 22, 2020 Publisher: The Englewood Herald Public Notice CITY OF ENGLEWOOD NOTICE OF ADOPTION OF ORDINANCE

On the 19th day of October 2020, the City Council of the City of Englewood, Colorado, adopted on final reading the following Ordinance:

BY AUTHORITY ORDINANCE NO. 38 SERIES OF 2020

AN ORDINANCE CONCERNING THE AMENDMENT OF TITLE 8, CHAPTER 2, ARTICLE H, OF THE ENGLEWOOD MUNICIPAL CODE, IN CONNECTION WITH ADOPTION OF THE INTERNATIONAL FUEL GAS CODE, 2018 EDITION, AND SUCH AMENDMENTS AS SET FORTH HEREIN, ALL WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO. (Council Bill No. 42)

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. 300783 First Publication: October 22, 2020 Last Publication: October 22, 2020 Publisher: The Englewood Herald Public Notice CITY OF ENGLEWOOD NOTICE OF ADOPTION OF ORDINANCE

On the 19th day of October 2020, the City Council of the City of Englewood, Colorado, adopted on final reading the following Ordinance:

BY AUTHORITY ORDINANCE NO. 40 SERIES OF 2020

AN ORDINANCE CONCERNING THE AMENDMENT OF TITLE 8, CHAPTER 2, ARTICLE C, OF THE ENGLEWOOD MUNICIPAL CODE, IN CONNECTION WITH ADOPTION OF THE INTERNATIONAL PLUMBING CODE, 2018 EDITION, AND SUCH AMENDMENTS AS SET FORTH HEREIN, ALL WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO. (Council Bill No. 44) 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. 300785 First Publication: October 22, 2020 Last Publication: October 22, 2020 Publisher: The Englewood Herald Public Notice CITY OF ENGLEWOOD NOTICE OF ADOPTION OF ORDINANCE

On the 19th day of October 2020, the City Council of the City of Englewood, Colorado, adopted on final reading the following Ordinance:

BY AUTHORITY ORDINANCE NO. 33 SERIES OF 2020

AN ORDINANCE APPROPRIATING MONIES FOR THE SOUTH PLATTE RENEW PURPOSES IN THE FISCAL YEAR BEGINNING JANUARY 1, 2021, AND ENDING DECEMBER 31, 2021, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR FISCAL YEAR 2021.

(Council Bill No. 37) 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. 300778 First Publication: October 22, 2020 Last Publication: October 22, 2020 Publisher: The Englewood Herald

Metropolitan Districts Public Notice NOTICE AS TO PROPOSED BUDGET

Notice is hereby given that a proposed budget has been submitted to Sheridan Sanitation District No. 2 for the ensuing year of 2021. Copies of the proposed budget have been filed in the office of the City Clerk at Sheridan City Hall, 4101 So. Federal Blvd., Sheridan, Colorado 80110, and at the offices of the District, c/o Dryden Broyles, Water Resources Engineering Co., 6901 So. Yosemite St., Ste. 104, P.O. Box 3864, Englewood, CO 80112, where the same is open for public inspection. The proposed budget will be considered at a regular meeting of the Board of Directors of Sheridan Sanitation District No. 2, to be held at 6:00 P.M. on Wednesday, November 11, 2020, in the Sheridan Recreation Center, at 3325 West Oxford Ave., Sheridan, Colorado 80110. Any interested elector within Sheridan Sanitation District No. 2 may, at any time prior to the final adoption of the budget, file or register their objections at the office of the District, or at the regular meeting on

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Public Notices November 11, 2020.

Dated: October 14, 2020.

SHERIDAN SANITATION DISTRICT NO. 2 By:/s/ Ron Trujillo Ron Trujillo, Secretary of the District Legal Notice No. 300764 First Publication: October 22, 2020 Last Publication: October 22, 2020 Publisher: The Englewood Herald

Bids and Settlements Public Notice NOTICE OF FINAL SETTLEMENT Notice is hereby given pursuant to Section 38-26-107, Colorado Revised Statutes, that on October 23, 2020 a final settlement will be made by the Arapahoe County School District No. 1 (Englewood Schools) on account of a contract between the Contractor and the District for the following project: School: ECE @ Maddox I t e m D e s c r i p t i o n : P h a s e 2 C o n s t r u ction Contractor: Fransen Pittman General Contractor Any person, co-partnership, entity, association, or corporation who has an unpaid claim against the Contractor for or on account of the furnishing of labor, materials, team hire, sustenance, provisions, provender or other supplies used or consumed by such Contractor or any of his subcontractors in or about the performance of such work, may, at any time up to and including the time of such final settlement on said date, file a verified statement of the amount due and unpaid on account of such claim with Englewood Schools (Attention: Sosan Schaller) at 4101 S Bannock St, Englewood, CO 80110. Failure on the part of the claimant to file such statement prior to such final settlement will relieve the District from any and all liability for such claimant’s claim.

ARAPAHOE COUNTY SCHOOL DISTRICT NO 1 By: Sosan Schaller Legal Notice No. 300751 First Publication: October 15, 2020 Last Publication: October 22, 2020 Publisher: The Englewood Herald

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

20CW3142 ARAPAHOE COUNTY WATER AND WASTEWATER AUTHORITY (“ACWWA” OR “APPLICANT”), c/o Steve Witter, General Manager, 13031 East Caley Avenue, Centennial, Colorado 80111, Telephone: (303) 790-4830.

APPLICATION FOR CHANGE OF WATER RIGHTS, PLAN FOR AUGMENTATION, AND APPROPRIATION OF RETURN FLOWS in ADAMS, ARAPAHOE, DENVER, DOUGLAS, ELBERT, LARIMER, MORGAN, AND WELD COUNTIES. Please send all pleadings and correspondence to: Brian M. Nazarenus, Esq., Sheela S. Stack, Esq., William D. Wombacher, Esq., Stacy L. Brownhill, Esq., NAZARENUS STACK & WOMBACHER LLC, 8301 E. Prentice Ave., Suite 110, Greenwood Village, Colorado 80111 (Attorneys for ACWWA).

2. Introduction. The purpose of this application is to change the use of the water rights associated with ACWWA’s 7 shares in the Whitney Irrigating Ditch Company (“Whitney”). 3. Summary of the Subject Water Rights. ACWWA seeks to change the use of 7 shares out of a total of 320 outstanding shares in Whitney (“ACWWA’s Whitney Shares”).

ACWWA’s Whitney Shares are derived from Share Certificate No. 301 and were historically used on the Hall farm as detailed below. 4. Decreed Water Rights for Which Change is Sought. 4.1. Name of Structure. Whitney Irrigating Ditch (the “Whitney Ditch”). 4.2. Original and all Relevant Subsequent Decrees. The water rights for the Whitney Ditch were decreed on April 11, 1882 in Case No. 320 by the Larimer County District Court. The water rights associated with 128 of the 320 shares issued to Whitney were quantified and changed by the Water Court on October 25, 2011, in Case No. 08CW65, Water Division 1, based on the results of a ditch-wide historical consumptive use analysis.

4.3. Legal Description of Point of Diversion. The Whitney Ditch is decreed to divert on the north side of the Cache la Poudre River, in S 19, T 6 N, R 67 West, of the 6th P.M., Weld County, Colorado.

4.4. Source. Cache la Poudre River, tributary to the South Platte River. 4.5. Amounts and Appropriation Dates. The Whitney Ditch was decreed two separate priorities as follows: (1) 48.23 cfs, with an appropriation date of September 1, 1862; and (2) 12.95 cfs, with an appropriation date of September 10, 1871. 4.6. Decreed Use. Irrigation. 4.7. Amount to be Changed. ACWWA seeks to change all of the water rights associated with ACWWA’s Whitney Shares. Pursuant to the prior ditch-wide analysis, the historical consumptive use of ACWWA’s Whitney Shares is 13.69 acre-feet/ year/share. The decreed pro-rata river headgate diversion for each priority of ACWWA’s Whitney Shares is as follows: Appropriation Date Total Amount Decreed to All Whitney Shares (cfs) Pro-Rata Flow Rate (cfs) September 1, 1862 1.055 September 10, 1871 0.283

48.23 12.95

5. Historical Use. ACWWA’s Whitney Shares were historically used to irrigate crops on the Hall Farm

as depicted on the map attached as Exhibit 1. The Hall Farm is located in portions of the SE1/4 of S 30 and the NE1/4 of S 31, T 6 North, R 66 West of the 6th P.M. 6. Proposed Change of ACWWA’s Whitney Shares. 6.1. Change in Type of Use. ACWWA seeks to use ACWWA’s Whitney Shares for the uses described below, which may occur directly, following storage or recharge, and/or by exchange. 6.1.1. Use in ACWWA’s Plans for Augmentation, including Substitution. ACWWA will use the ACWWA Whitney Shares as a source of replacement water including use by substitution in the plans for augmentation decreed in Case Nos. 10CW306 and 13CW3026, the plans for augmentation currently pending in Case Nos. 19CW3074 and 19CW3084, the plan for augmentation requested in this case, and in any future plan for augmentation. 6.1.2. Source for ACWWA’s Recharge Projects. ACWWA will deliver ACWWA’s Whitney Shares to recharge facilities for subsequent beneficial use. These facilities include those located in the Beebe Draw and on 70 Ranch as decreed in Case Nos. 10CW306, facilities currently pending in Case No. 16CW3195, and any future recharge project or facility to which ACWWA is legally entitled to recharge water.

Recharge accretions generated by ACWWA’s Whitney Shares can be subsequently stored, exchanged, or further placed into recharge if not needed for an immediate beneficial use. 6.1.3.

Source in ACWWA’s Exchange. ACWWA will re-divert ACWWA’s Whitney Shares, either directly or following recharge or storage and subsequent release, at the exchange-to points under the appropriative rights of exchange decreed in Case No. 09CW283 and currently pending in Case No. 16CW3195. ACWWA may also use ACWWA’s Whitney Shares in any future exchange. 6.1.4.

Places of Storage. ACWWA may store ACWWA’s Whitney Shares by direct delivery or after exchange and/or recharge in any storage facility in which ACWWA is legally permitted to store water, including: 6.1.4.1. 70 Ranch Reservoir, a lined off-channel reservoir that will be located in the S1/2 of S 3, T 4 N, R 63 West of the 6th P.M., and a portion of the NE1/4 of S 10, T4N, R63W of the 6th P.M., Weld County, Colorado. 6.1.4.2. Milliken Reservoir (a/k/a Gilcrest Reservoir), a lined off-channel reservoir located within a part of S 2, T 3 N, R 67 West, and Ss 23, 26, 34, and 35, T4N, R67W of the 6th P.M., Weld County, Colorado.

6.1.4.3. United Reservoir No. 3, an off-channel reservoir located on the east side of the South Platte River, in the S1/2 of S 26, and the N1/2 of S 35, T 1 S, R 67 West of the 6th P.M., Adams County, Colorado. 6.1.4.4. Barr Lake, an offchannel reservoir located in Ss 15, 21, 22, 23, 26, 27, 28, and 33, T 1 South, R 66 West of the 6th P.M., Adams County, Colorado. Barr Lake is an enlargement of the original Oasis Reservoir.

6.1.4.5. Milton Lake, an off-channel reservoir located in Ss 10, 11, 14, 15, 22, and 23, T 3 N, R 65 West of the 6th P.M., Weld County, Colorado.

6.1.4.6. Highlands Reservoir, an off-channel reservoir located in the NW1/4 of S 32, T 1 N, R 65 W of the 6th P.M., Weld County, Colorado.

6.1.4.7. Serfer Pit, an off-channel reservoir located in the NE1/4 of the NE1/4 of S 24, T 6 N, R 68 W of the 6th P.M., Larimer County, Colorado.

6.1.4.8. Binder Reservoir, an off-channel reservoir located in the N1/2 of S 15, T1N, R66W of the 6th P.M., Weld County, Colorado. 6.1.4.9. Any other existing or future storage facility in which ACWWA is legally permitted to store water. 6.1.5. Use to Replace Return Flow Obligations. ACWWA will use ACWWA’s Whitney Shares, either directly, following storage or recharge, or by exchange, to replace return flow obligations associated with ACWWA’s Whitney Shares and the water rights changed in Case Nos. 10CW313, 12CW73, 13CW3026, 05CW58/11CW151, and to satisfy return flow obligations for other water rights, currently pending changes of water rights, or water rights changed in the future if such change decree lists ACWWA’s Whitney Shares as a replacement source. 6.1.6. All Municipal Uses. ACWWA will use the water attributable to ACWWA’s Whitney Shares for all municipal uses via augmentation and exchange, including after recharge. ACWWA’s municipal uses include, but are not limited to, domestic, mechanical, manufacturing, commercial, industrial, exchange, augmentation and replacement, recharge, substitute supply, including further exchange with other water systems and with other water users, and for all other beneficial uses within ACWWA’s present and future service area, at such locations as to allow ACWWA to pump water at the ACWWA/ECCV Well Field or provide direct deliveries for municipal use within ACWWA’s present and future service area, and at locations as necessary to operate the augmentation plans, recharge projects, and exchanges described herein. 6.1.7. Right of Reuse, Successive Use, and Disposition. ACWWA claims the right to use, reuse, successively use and dispose of, by sale, lease, exchange, augmentation, or otherwise, to extinction, all water exchanged, lawfully diverted, and/or impounded pursuant to the decree entered in this case. As such, ACWWA’s Whitney Shares will be fully consumable water. 6.1.8. Use in ECCV’s Augmentation Plans and Delivery to ECCV Recharge Projects. ACWWA may lease and/or trade water attributable to ACWWA’s Whitney Shares to ECCV for use as a source of augmentation and replacement water in ECCV’s augmentation plans, either directly or following delivery to storage or to recharge projects, including those decreed in Case Nos. 02CW403 and 02CW404/03CW442, as amended by the decree entered in Case No. 10CW306.

6.1.9. Change in Place of Use. ACWWA will use the water attributable to ACWWA’s Whitney Shares on lands within ACWWA’s present and future service area, at such locations as to allow ACWWA to pump water at the ACWWA/ECCV Well Field or provide direct deliveries for municipal use within ACWWA’s present and future service area, and at locations as necessary to operate the augmentation plans, recharge projects, and exchanges described herein. A map of ACWWA’s current service area is attached as Exhibit 2. 7.

Delivery of the Subject Water Rights. ACWWA’s Whitney Shares will continue to be diverted at the Whitney Ditch headgate, and ACWWA may deliver the water attributable to ACWWA’s Whitney Shares through any structure currently located on the Whitney Ditch or constructed in the future. 8.

ACWWA’s Return Flow Obligations. ACWWA shall maintain historical surface runoff and ground water return flows on a daily basis whenever the downstream calling water right on the South Platte River is senior to September 30, 2020. ACWWA shall meet its return flow obligations for ACWWA’s Whitney Shares with any of the sources described in the attached Exhibit 3, either directly, by substitution, by exchange, or following storage or recharge or any combination thereof. ACWWA may also deliver water from other fully-consumable sources, either directly, by substitution, by exchange, or following storage or recharge or any

combination thereof, owned or controlled by ECCV or any other sources so long as the sources are decreed for augmentation purposes by the Water Court or approved for replacement use under a Substitute Water Supply Plan approved by the State Engineer pursuant to C.R.S. § § 37-92-308 or 309, or successor statutes, or are otherwise lawfully available for such use. To the extent that fully consumable water derived from water rights other than ACWWA’s Whitney Shares is used to meet replacement obligations, an equivalent amount of water diverted pursuant to ACWWA’s Whitney Shares and attributable to historical return flow will become fully consumable. 9. Integrated System. Use of ACWWA’s Whitney Shares as described herein comprise a component of an integrated system of water rights and structures under C.R.S. § 37-92-301(4)(b). Work performed and effort or costs expended by Applicant on any water rights or structures which are part of their integrated water systems shall be considered in finding that reasonable diligence has been shown in the development of the conditional water rights for all features of the system as provided in C.R.S. § 37-92-301(4)(b). 10. ACWWA’s Independent Claim to Appropriate Return Flows Associated with ACWWA’s Whitney Shares. 10.1. Claim to Appropriate Return Flows. When the calling right downstream of the point the return flows historically accrued to the Cache la Poudre River is junior to September 30, 2020, or there is no call from downstream of the point the return flows historically accrued to the South Platte River, ACWWA seeks the right to use, retain, reuse, successively use, and use to extinction, for all of the purposes described in paragraph 6, above, the historical return flow portion of its irrigation season delivery of the Subject Water Rights and the winter return flow portion of its prior irrigation season deliveries of the Subject Water Rights. 10.2. Date of Appropriation. September 30, 2020. 10.3. How Appropriation was Initiated. The appropriation date is based upon the date the Application in this case was filed. 10.4. Date Water First Applied to Beneficial Use. Not Applicable. 10.5. Source.

Cache la Poudre River. 10.6. Amount Claimed.

Any and all amounts of return flows determined to be attributable to ACWWA’s Whitney Shares, conditional. 10.7. Claimed Uses. For the same uses as described in paragraph 6, above. 11.

ACWWA’s Plan for Augmentation. 11.1. Purpose of the Plan for Augmentation. Through this augmentation plan, ACWWA will provide adequate sources of replacement water to maintain the historical return flow obligations associated with ACWWA’s Whitney Shares. 11.2. Location of Return Flows. The locations where return flows associated with ACWWA’s Whitney Shares historically accrued are shown in Exhibit 1. 11.3.

Replacement Sources. ACWWA will use water derived from the sources described in paragraph 8, above, to replace the historical return flow obligations associated with ACWWA’s Whitney Shares in time, location, and amount in order to prevent injury to any owner of or persons entitled to use water under a vested water right or a decreed conditional water right. 11.4. Future Acquired Sources. ACWWA intends to acquire and/ or lease additional water supplies in the future for use as a source of replacement in the plan for augmentation described in the application. Those supplies may be acquired and/or leased to replace or supplement water from the sources identified in paragraph 8, above. ACWWA will add future acquired sources to the plan for augmentation claimed in this application pursuant to C.R.S. § 37-92-305(8)(c). 11.5. If the return flows associated with ACWWA’s Whitney Shares are replaced by sources other than ACWWA’s Whitney Shares, an equivalent amount of water diverted pursuant to the Whitney Shares will be available to be placed to the beneficial uses described in paragraph 6, above. 12. Names and addresses of owners of land on which structures are or will be located, and upon which water is or will be stored.

12.1. The Whitney Ditch headgate is located on land owned by Whitney Irrigating Ditch Company, 30951 Country Road 27, Greeley, Colorado 80631.

12.2. United Reservoir No. 3 is owned by United Water and Sanitation District (“United”), 8301 East Prentice Avenue, Suite 100, Greenwood Village, Colorado 80111. United Reservoir No. 3 is on land owned by Bromley District Water Providers, LLC, whose address is the same. United holds a perpetual easement for United Diversion Facility No. 3, granted by Henderson Aggregate, LTD.. The diversion structure is owned by United. 12.3. Barr Lake and the canals which will be used to deliver water to Barr Lake are owned by the shareholders of The Farmers Reservoir and Irrigation Company (“FRICO”), 80 South 27th Avenue, Brighton, Colorado 80601. 12.4. Milton Lake is owned by the shareholders FRICO, 80 South 27th Avenue, Brighton, Colorado 80601. 12.5. Milliken Reservoir is owned by United Milliken Reservoir Enterprise, LLC, 8301 East Prentice Ave, Suite 100, Greenwood Village, Colorado 80111, and Scout Investments, LLC, whose address is the same.

12.6. Weld Adams Water Development Authority (“WAWDA”), 8301 East Prentice Avenue, Suite 100, Greenwood Village, Colorado 80111, holds an easement for 70 Ranch Reservoir and its diversion and outlet facilities. The land underlying the easement is owned by 70 Ranch, LLC, whose address is the same. 12.7. Serfer Pit is owned

by United, 8301 East Prentice Avenue, Suite 100, Greenwood Village, Colorado 80111. 12.8.

Binder Reservoir is owned jointly by Ronald E. vonLembke, 73 Falcon Hills Drive, Highlands Ranch, Colorado, 80126 and Andrew Damiano, 15 Cherry Vale Drive, Englewood, Colorado, 80113. 12.9. Highlands Reservoir will be owned

by WAWDA, 8301 East Prentice Avenue, Suite 100, Greenwood Village, Colorado 80111. Highland Equities, LLC holds legal title to the land on which Highlands Reservoir will be located as nominee of South Weld Holdings, LLC, which holds beneficial title to the land. The address of Highland Equities, LLC and South Weld Holdings, LLC is the same as WAWDA. WHEREFORE, ACWWA respectfully request that the Court enter a decree granting the change of water rights, approving the plan for augmentation, and for such other relief which it deems proper. (9 pages, 3 exhibits).

WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED THE WATER RIGHTS CLAIMED

BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE OR BE FOREVER BARRED. YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or an amended application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, a verified Statement of Opposition, setting forth facts as to why the application should not be granted, or why it should be

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

Legal Notice No. 300760 First Publication: October 22, 2020 Last Publication: October 22, 2020 Publisher: Englewood Herald Public Notice DISTRICT COURT, WATER DIVISION 1, COLORADO SEPTEMBER 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 SEPTEMBER 2020 for each County affected.

20CW3147: East Cherry Creek Valley Water and Sanitation District (“ECCV”), c/o Dave Kaunisto, 6201 South Gun Club Road, Aurora, Colorado 80015, Telephone: (303) 693-3800, United Water and Sanitation District (“United”), c/o Robert Lembke, 8301 E. Prentice Ave., Suite 100, Greenwood Village, Colorado 80111, Telephone: (303) 773-1005. All Correspondence and communications should be addressed to: Brian M. Nazarenus, Esq., Sheela S. Stack, Esq., William D. Wombacher, Esq., Stacy L. Brownhill, Esq., NAZARENUS STACK & WOMBACHER, LLC, 8301 E. Prentice Avenue, Suite 110, Greenwood Village, Colorado 80111, Telephone: (720) 647-5661, (Attorneys for ECCV), Tod J. Smith, Esq., THE LAW OFFICE OF TOD J. SMITH, 5777 Central Ave., Suite 228, Boulder, Colorado 80301, Telephone: (303) 444-4203, (Attorney for United).

APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE AMOUNTS ABSOLUTE in ADAMS, ARAPAHOE, DENVER, DOUGLAS, ELBERT, LARIMER, MORGAN, AND WELD COUNTIES. 2. Original Decree. The original decree was entered by the Water Court, Water Division 1, on September 18, 2014, in Case No 11CW285. 3. Conditional Appropriative Rights of Exchange: South Platte River and St. Vrain Creek Exchange Reaches. 3.1. Exchange-From Points.

The exchange-from points are the locations identified as the delivery locations to the South Platte River described for each location and/or structure listed below. The approximate locations of the exchange-from points and related structures are shown on Exhibit 1. 3.1.1. Downstream End Point of South Platte River Reach 5 (“SPR Reach 5”) Confluence of Beaver Creek and the South Platte River. Located in the NW1/4 of the SW1/4 of S 4, T 4 N, R 55 W of the 6th P.M., Morgan County, Colorado. For purposes of this exchange, the confluence of Beaver Creek and the South Platte River is also the downstream end point of SPR Reach 5. SPR Reach 5 was decreed at paragraph 17.1.8 of the decree entered in Case Nos. 02CW404 and 03CW442 (“404/442 Decree”) as an administrative reach of the South Platte River for the augmentation plans approved in the decree entered in Case No. 02CW403 (“403 Decree”) and the 404/442 Decree, as amended by the decree entered in Case No. 10CW306 (“306 Decree”).

SPR Reach 5 is located below the Bijou Canal headgate to the confluence of Beaver Creek and the South Platte River. The Bijou Canal headgate is located on the south bank of the South Platte River, in the NE1/4 of the NE1/4 of S 13, T4N, R63W of the 6th P.M., Morgan County, Colorado, at a point approximately 95 feet west of the east S line and 604 feet south of the north S line of said S 13. 3.1.2. Fort Morgan Canal – Teague Return Pipeline. United has an easement to use an existing pipeline extending from a parcel located approximately ten miles south of the Fort Morgan Canal that crosses underneath the Canal in the NE1/4 of the SW1/4 of S 13, T3S, R57W of the 6th P.M., Morgan County, Colorado, and discharges to the South Platte River, in the SW1/4 of the NW1/4 of S 30, T4N, R56W of the 6th P.M., Morgan County, Colorado. 3.1.3. Weldon Valley Ditch Augmentation Structures. ECCV will use the following augmentation structures to deliver certain sources of substitute supplies from the Weldon Valley Ditch to the South Platte River: (1) an augmentation structure, referred to as the Weldon Valley Ditch Central/Arapahoe County Water and Wastewater Authority (“ACWWA”) Augmentation Station, located in the NE1/4 of the NW1/4 of S 3, T4N, R60W of the 6th P.M., Morgan County, Colorado, which delivers water to the South Platte River, in the W1/2 of the NE1/4 of S 3, T4N, R60W of the 6th P.M., Morgan County, Colorado; and (2) an augmentation structure, referred to as the Weldon Valley Ditch Tail, located in the NW1/4 of the SE1/4 of S 7, T4N, R58W of the 6th P.M., Morgan County, Colorado, which delivers water to the South Platte River, in the NE1/4 of the NW1/4 of S 18, T4N, R58W of the 6th P.M., Morgan County, Colorado. 3.1.4. ECCV 70 Ranch Recharge Project Exchange Quantification Point. The ECCV 70 Ranch Recharge Project was decreed at paragraphs 34-38 of the 404/442 Decree. The Quantification Point for recharge accretions from the ECCV 70 Ranch Recharge Project is the farthest downstream point at which recharge accretions from the ECCV 70 Ranch Recharge Project accrue to the South Platte River. The delivery location is the 70 Ranch Recharge Project Quantification Point, which is located on the South Platte River at the west S line of S 23, T4N, R62W of the 6th P.M., Weld County, Colorado, as the S line intersects with the South Platte River. 3.1.5.

Downstream End Point of South Platte River Reach 4 (“SPR Reach 4”) – Bijou Canal Headgate.

SPR Reach 4 was decreed at paragraph 17.1.7 of the 404/442 Decree as an administrative reach of the South Platte River for the augmentation plans approved in the 403 and 404/442 Decrees, as amended by the 306 Decree. SPR Reach 4 is located from the Empire Inlet Canal headgate, which is located in the SW1/4 of the SW1/4 of S 19, T5N, R63Wof the 6th P.M., Weld County, Colorado, to the Bijou Canal headgate described in paragraph 3.1.1, above. For purposes of this exchange, the exchange-from point for SPR Reach 4 is a point at the downstream end of SPR Reach 4, located immediately upstream of the Bijou Canal headgate. 3.1.6. Confluence of Crow Creek and the South Platte River. Located in SE1/4 of the NE1/4 of S 24, T5N, R64W of the 6th P.M., Weld County, Colorado. Prior to delivery to the confluence of Crow Creek and the South Platte River for exchange, ECCV intends to divert certain

sources of substitute supply from the Cache la Poudre River at the headgate for the Greeley No. 2 Canal, located in the SE1/4 of the NE1/4 of S 11, T6N, R 68 W of the 6th P.M., Larimer County, Colorado, and deliver the substitute supplies from said Canal to Crow Creek, in the NW1/4 of the SW1/4 of S 25, T6N, R64W of the 6th P.M., Weld County, Colorado, where the substitute supplies will be conveyed to the confluence with the South Platte River. 3.1.7. Confluence of Lone Tree Creek and the South Platte River. Located in the SE1/4 of the SE1/4 of S 6, T5N, R64W of the 6th P.M., Weld County, Colorado. Prior to delivery to the confluence of Lone Tree Creek and the South Platte River for exchange, ECCV intends to divert certain sources of substitute supply from the Cache la Poudre River at the headgate for the Greeley No. 2 Canal, described in paragraph 3.1.6, above, and deliver the substitute supplies from said Canal to Lone Tree Creek, in the NE1/4 of the NW1/4 of S 15, T6N, R65Wof the 6th P.M., Weld County, Colorado, where substitute supplies will be conveyed to the confluence with the South Platte River. 3.1.8. Confluence of the Cache la Poudre River and the South Platte River. Located in the SW1/4 of the SW1/4 (Lot 4) of S 6, T5N, R64W of the 6th P.M., Weld County, Colorado, the centroid being 590 feet from the west S line and 4760 feet from the north S line. ECCV will deliver its sources of substitute supply to the confluence of the Cache la Poudre River and the South Platte River by: (1) conveying certain sources of substitute supply down the Cache la Poudre River to its confluence with the South Platte River; and/or (2) delivering certain sources of substitute supply to the confluence of Sand Creek and the Cache la Poudre River, which is located in the NW1/4 of the NW1/4 of S 11, T5N, R65W of the 6th P.M., Weld County, Colorado, immediately above the confluence of the Cache la Poudre and South Platte Rivers. From the confluence of Sand Creek and the Cache la Poudre River, the sources of substitute supply will be conveyed in the Cache la Poudre River to the exchange-from point at the confluence of the Cache la Poudre and South Platte Rivers. 3.1.9. Downstream End Point of South Platte River Reach 3 (“SPR Reach 3”) – Empire Inlet Canal Headgate. SPR Reach 3 was decreed at paragraph 17.1.6 of the 404/442 Decree as an administrative reach of the South Platte River for the augmentation plans approved in the 403 and 404/442 Decrees, as amended by the 306 Decree. SPR Reach 3 is located from the Lower Latham Ditch headgate, which is located in the NW1/4 of the NE1/4 of S 31, T5N, R65W of the 6th P.M., Weld County, Colorado, to the Empire Inlet Canal headgate described in paragraph 3.1.5, above. For purposes of this exchange, the exchange-from point for SPR Reach 3 is a point at the downstream end of SPR Reach 3, located immediately upstream of the Empire Inlet Canal headgate. 3.1.10. Downstream End Point of South Platte River Reach 2 (“SPR Reach 2”) – Lower Latham Headgate. SPR Reach 2 was decreed at paragraph 17.1.5 of the 404/442 Decree as an administrative reach of the South Platte River for the augmentation plans approved in the 403 and 404/442 Decrees, as amended by the 306 Decree.

SPR Reach 2 is located from the Western Mutual Ditch headgate, located in the SE1/4 of the SW1/4 of S 11, T3N, R6W of the 6th P.M., Weld County, Colorado, to the Lower Latham Ditch headgate described in paragraph 3.1.9, above. For purposes of this exchange, the exchange-from point for SPR Reach 2 is a point at the downstream end of SPR Reach 2, located immediately upstream of the Lower Latham Ditch headgate. 3.1.11.

Western Mutual Ditch Augmentation Structures.

ECCV may use the following augmentation structures to deliver certain sources of substitute supply from the Western Mutual Ditch to the South Platte River: (1) an existing measuring device/ augmentation structure located at the tail end of the Western Mutual Ditch which discharges to the Union Ditch, in the SW1/4 of the NE1/4 of S 5, T4N, R65W of the 6th P.M., Weld County, Colorado. Such water delivered to the Union Ditch can be delivered to the South Platte River, in the SE1/4 of the NE1/4 of S 29, T5N, R65W of the 6th P.M., Weld County, Colorado. Substitute supplies from this augmentation structure will be measured at an existing measuring flume, which Applicants shall equip with telemetry. The measuring flume will allow ECCV to measure certain sources of substitute supply, as described in Exhibit 3, and to deliver the substitute supplies into the Union Ditch. Prior to delivery to the South Platte River, the water will be measured at an existing augmentation structure on the Union Ditch, located in the NE1/4 of the NE1/4 of S 32, T5N, R65Wof the 6th P.M., Weld County, Colorado; (2) an existing augmentation structure located in the NE1/4 of the SE1/4 of S 26, T4N, R67W of the 6th P.M., Weld County, Colorado, which delivers water to the South Platte River, in the SE1/4 of the NE1/4 of S 26, T4N, R67W of the 6th P.M., Weld County, Colorado; and (3) an augmentation structure to be constructed in the SW1/4 of the SE1/4 of S 2, T3N, R67W of the 6th P.M., Weld County, Colorado, which will deliver water to the South Platte River, in the SW1/4 of the SW1/4 of S2, T3N, R67W of the 6th P.M., Weld County, Colorado. 3.1.12.

Farmers Independent Ditch Augmentation Structures. An existing augmentation structure, referred to as the Farmers Independent Ditch Tail, located in the SE1/4 of the NE1/4 (Lot 1) of S 1, T4N, R66Wof the 6th P.M., Weld County, Colorado, which delivers certain sources of substitute supply from the Farmers Independent Ditch to the South Platte River, in the NE1/4 of the NW1/4 of S31, T5N, R65W of the 6th P.M., Weld County, Colorado. 3.1.13. Milliken Reservoir (f/k/a Gilcrest Reservoir). Milliken Reservoir is an off-channel reservoir located within parts of S 2, T3N, R67W and Ss 23, 26, 34, and 35, T4N, R67W, all of the 6th P.M., Weld County, Colorado. Certain sources of substitute supply stored by ECCV in Milliken Reservoir will be delivered from Milliken Reservoir to the South Platte River at the following locations: (1) SE1/4 of the NW1/4 of S 2, T3N, R67W of the 6th P.M., Weld County, Colorado; (2) SE1/4 of the NE1/4 of S 26, T4N, R67W of the 6th P.M., Weld County, Colorado; and (3) NW1/4 of the NW1/4 of S 35, T4N, R67W of the 6th P.M., Weld County, Colorado. 3.1.14. Confluence of St. Vrain Creek and the South Platte River. Located in the SW1/4 of the NE1/4 of S 34, T4N, R67W of the 6th P.M., Weld County, Colorado. From this point, water will be exchanged up St. Vrain Creek to the St. Vrain Pipeline Diversion as described in paragraph 3.1.15, below. 3.1.15. St. Vrain Pipeline (a/k/a United Diversion Facility No. 5). The St. Vrain Pipeline diversion point is located 500 feet west and 200 feet north of the SE corner of S 20, T3N, R67W of the 6th P.M., Weld County, Colorado.

The St. Vrain Pipeline will discharge certain sources of substitute supply to the South Platte River at one of the following locations, all of which are located above the Farmers Independent Ditch headgate, described in paragraph 3.1.12, above:

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30 The Herald

October 22, 2020O

Public Notices (1) at a point to be located upstream of the Highway 66 bridge as it crosses the South Platte River, which delivers water to the South Platte River, in the SW1/4 of the SW1/4 of S19, T3N, R66W of the 6th P.M., Weld County, Colorado; and (2) at a point to be located upstream of the Highway 66 bridge as it crosses the South Platte River, which delivers water to the South Platte River, in the SE1/4 of the SE1/4 of S 24, T3N, R67W, or the SE1/2 of S 25, T3N, R67W of the 6th P.M., Weld County, Colorado. 3.1.16. Downstream End of South Platte River Reach 1 (“SPR Reach 1”) – Western Mutual Ditch Headgate. SPR Reach 1 was decreed at paragraph 17.1.4 of the 404/442 Decree as an administrative reach of the South Platte River for ECCV’s augmentation plans approved in the 403 and 404/442 Decrees, as amended by the 306 Decree. SPR Reach 1 is located above the Western Mutual Ditch headgate.

For purposes of this exchange, the exchange-from point for SPR Reach 1 is a point at the downstream end of SPR Reach 1, located immediately upstream of the Western Mutual Ditch headgate, which is described in paragraph 3.1.11, above.

3.1.17. Fulton Irrigating Ditch Augmentation Structures. ECCV will use the following augmentation structures to deliver certain sources of substitute supply from the Fulton Irrigating Ditch to the South Platte River: (1) an existing augmentation structure, referred to as the Fulton Irrigating Ditch Augmentation Structure (upstream), located in the SW1/4 of the NW1/4 of S 8, T1N, R66W of the 6th P.M., Weld County, Colorado, which delivers water to the South Platte River, in the SE1/4 of the NW1/4 of S 7, T1N, R66W of the 6th P.M., Adams County, Colorado; and (2) an augmentation structure, referred to as the Fulton Irrigating Ditch CCWCD Lower Augmentation Station, to be constructed in S 3 of the Fulton Ditch, in the NE1/4 of the SE1/4 of S 28, T2N, R66W of the 6th P.M., Weld County, Colorado, which delivers water to the South Platte River, in the NW1/4 of the NE1/4 of S 30, T2N, R66Wof the 6th P.M., Weld County, Colorado. 3.1.18. United Reservoir No. 3. United Reservoir No. 3 is an off-channel reservoir located in the E1/2 of S 26, T1S, R67Wof the 6th P.M., Adams County, Colorado. Certain sources of substitute supply stored by ECCV in United Reservoir No. 3 will be delivered to the South Platte River at a point at or near the decreed point of diversion, which is located on the east bank of the South Platte River, in the SW1/4 of S 26, T1S, R67W of the 6th P.M., Adams County, Colorado; more specifically, located 1,636 feet east of the west line and 1,531 feet north of the south line of said S 26.

3.2. Exchange-To Points (from downstream to upstream). The approximate locations of the exchange-to points and related structures are shown on Exhibit 1. 3.2.1. Fort Morgan Canal Headgate. As described in paragraph 3.1.2, above. 3.2.1.1. Use of Water. The substitute supplies exchanged to the Fort Morgan Canal headgate will be used by ECCV to satisfy its historical return flow obligations for changed water rights as described in Exhibit 3 and/or replacement obligations in SPR Reach 5 pursuant to the 403, 404/442, and 306 Decrees, if the substitute supplies are decreed for such uses.

3.2.2. United Diversion Facility No. 1 Point of Diversion. The point of diversion from the South Platte River for United Diversion Facility No. 1 will be located at the existing headgate for the Riverside Intake Canal, on the north bank of the South Platte River, in the SW1/4 of the SW1/4 of S 20, T5N, R63W of the 6th P.M., Weld County, Colorado, if an agreement with Riverside Irrigation District and Riverside Reservoir Company (“Riverside”) is obtained. Absent an agreement with Riverside, the headgate will be located on the north bank of the South Platte River, in the S1/2 of the SW1/4 of S 20, T5N, R63W of the 6th P.M., Weld County, Colorado, between the headgate of the Riverside Intake Canal and the west S line of S 20, T5N, R63W of the 6th P.M., at a location to be established within that reach, approximately 200 yards in extent. 3.2.2.1. Use of Water. Substitute supplies exchanged to the point of diversion for United Diversion Facility No. 1 will be used by ECCV to satisfy its replacement obligations in SPR Reaches 4 and 5, and/or will be delivered to recharge facilities at 70 Ranch pursuant to the terms and conditions of the ECCV 70 Ranch Recharge Project under the 404/442 Decree, if the substitute supplies are decreed for such uses. 3.2.3. Milliken Reservoir (Gilcrest Reservoir) Points of Diversion.

The location of Milliken Reservoir is described in paragraph 3.1.13, above. A point of diversion for Milliken Reservoir is planned to be located adjacent to the Jay Thomas Ditch Diversion Dam, on the east bank of the South Platte River, in the NW1/4 of the NW1/4 of S 11, T3N, R67W of the 6th P.M., Weld County, Colorado. Substitute supplies will also be diverted into Milliken Reservoir through a proposed inlet/outlet structure which is designed to also operate as a northern intake to the Reservoir and will be located in the NE1/4 of the SW1/4 of S 26, T4N, R67W of the 6th P.M., Weld County, Colorado. 3.2.3.1. Use of Water.

Substitute supplies exchanged to the points of diversion for Milliken Reservoir will be stored in the Reservoir and will subsequently: (a) be used

by ECCV to satisfy its replacement obligations in SPR Reaches 2, 3, 4, 5, and the Beebe Draw, if the substitute supplies are decreed for such uses; (b) be delivered to recharge facilities at 70 Ranch pursuant to the terms and conditions the ECCV 70 Ranch Recharge Project under the 404/442 Decree, if the substitute supplies are decreed for such use; (c) be used to replace depletions from pumping ECCV’s wells on 70 Ranch pursuant to the terms and conditions for the ECCV 70 Ranch Augmentation Plan under the 404/442 Decree, if the substitute supplies are decreed for such use and are added to the ECCV 70 Ranch Augmentation Plan under the 404/442 Decree; (d) be used to augment depletions to the South Platte River from the ACWWA/ECCV Well Field pursuant to the ECCV Augmentation Plan under the 403, 404/442, and 306 Decrees, if the substitute supplies are decreed for such use and are added to the ECCV Augmentation Plan under the 403 Decree; and/or (e) be delivered to recharge facilities in the Beebe Draw pursuant to the terms and conditions of the ECCV Beebe Draw Recharge Project under the 404/442 and 306 Decrees, if the substitute supplies are decreed for such uses. 3.2.4. St. Vrain Pipeline Diversion (United Diversion Facility No. 5). The St. Vrain Pipeline Diversion will be located on the east bank of St. Vrain Creek, 500 feet west and 200 feet north of the SE corner of S 20, T3N, R67Wof the 6th P.M., Weld County, Colorado. 3.2.4.1. Use of Water. Substitute supplies exchanged to the St .Vrain Pipeline Diversion and discharged to the South Platte River as described in paragraph 3.1.15, above, may be re-diverted by ECCV to storage in Milliken Reservoir for the uses described in paragraph 3.2.3.1, above, and will: (a) be used by ECCV to satisfy its replacement obligations in SPR Reaches 1, 2, 3, 4, 5, and the Beebe

Draw, if the substitute supplies are decreed for such uses; (b) be delivered into recharge facilities at 70 Ranch pursuant to the terms and conditions of the ECCV 70 Ranch Recharge Project under the 404/442 Decree, if substitute supplies are decreed for such use; (c) be used to replace depletions from pumping ECCV’s wells on 70 Ranch pursuant to the terms and conditions of the ECCV 70 Ranch Augmentation Plan under the 404/442 Decree, if the substitute supplies are decreed for such use and are added to the ECCV 70 Ranch Augmentation Plan under the 404/442 Decree; (d) be used to augment depletions to the South Platte River from the ACWWA/ECCV Well Field pursuant to the ECCV Augmentation Plan under the 403, 404/442, and 306 Decrees, if the substitute supplies are decreed for such use and are added to the ECCV Augmentation Plan under the 403 Decree; and/or (e) be delivered to recharge facilities in the Beebe Draw pursuant to the terms and conditions of the ECCV Beebe Draw Recharge Project under the 404/442 and 306 Decrees, if the substitute supplies are decreed for such uses.

3.2.5. United Diversion Facility No. 3. The headgate of United Diversion Facility No. 3 is located on the east bank of the South Platte River, in the SW1/4 of S 26, T1S, R67W of the 6th P.M., Adams County, Colorado, located 1,636 feet east of the west line and 1,531 feet north of the south line of said S 26. Substitute supplies exchanged and diverted at United Diversion Facility No. 3 will be delivered to United Reservoir No. 3, the location of which is described in paragraph 3.1.18, above.

Water stored in United Reservoir No. 3 can be delivered to Barr Lake through the Beebe Pipeline pursuant to the 403 Decree. 3.2.5.1. Use of Water.

Substitute supplies exchanged to United Diversion Facility No. 3 will subsequently: (a) be used by ECCV to satisfy its replacement obligations in SPR Reaches 1, 2, 3, 4, 5, and in the Beebe Draw, if the substitute supplies are decreed for such uses; (b) be delivered to recharge facilities at 70 Ranch pursuant to the terms and conditions of the ECCV 70 Ranch Recharge Project under the 404/442 Decree, if the substitute supplies are decreed for such use; (c) be used to replace depletions from pumping ECCV’s wells on 70 Ranch pursuant to the terms and conditions of the ECCV 70 Ranch Augmentation Plan under the 404/442 Decree, if the substitute supplies are decreed for such use and are added to the ECCV 70 Ranch Augmentation Plan under the 404/442 Decree; (d) be used to augment depletions to the South Platte River from the ACWWA/ECCV Well Field, which defined in paragraph 9.3 of the 306 Decree, pursuant to the ECCV Augmentation Plan under the 403, 404/442, and 306 Decrees, if the substitute supplies are decreed for such use and are added to the ECCV Augmentation Plan under the 403 Decree; (e) be delivered to recharge facilities in the Beebe Draw pursuant to the terms and conditions of ECCV’s Beebe Draw Recharge Project under the 404/442 and 306 Decrees if such substitute supplies are decreed for such use; (f) be stored in United Reservoir No. 3, as described in paragraph 3.1.18, above; (g) be stored in Barr Lake; and/or (h) be delivered to ECCV’s Water Treatment Plant in the Beebe Draw, if the substitute supplies are decreed for such uses. 3.2.6. Burlington Ditch.

Pursuant to the decreed changed point of diversion in Case No. 02CW403, the headgate of the Burlington Ditch is on the east bank of the South Platte River, in the NE1/4 of the SW1/4 of S 14, T3S, R68W of the 6th P.M., City and County of Denver, Colorado. 3.2.6.1. Use of Water. Substitute supplies exchanged to the Burlington Ditch may be stored in Barr Lake, released to the Beebe Draw, and used to satisfy ECCV’s replacement obligations in the Beebe Draw. Substitute supplies exchanged to the Burlington Ditch will also be conveyed to United Reservoir No. 3 through the Beebe Pipeline for release to the South Platte River and will subsequently: (a) be used by ECCV to satisfy its replacement obligations in SPR Reaches 1, 2, 3, 4, 5, if the substitute supplies are decreed for such uses; (b) be delivered to recharge facilities at 70 Ranch pursuant to the terms and conditions of the ECCV 70 Ranch Recharge Project under the 404/442 Decree, if such substitute supplies are decreed for such use; (c) be used to replace depletions from pumping ECCV’s wells on 70 Ranch pursuant to the terms and conditions of the ECCV 70 Ranch Augmentation Plan under the 404/442 Decree, if the substitute supplies are decreed for such use and are added to the ECCV 70 Ranch Augmentation Plan under the 404/442 Decree; (d) be used to augment depletions to the South Platte River from the ACWWA/ECCV Well Field pursuant to the ECCV Augmentation Plan under the 403, 404/442, and 306 Decrees, if the substitute supplies are decreed for such use and are added to the ECCV Augmentation Plan under the 403 Decree; (e) be delivered to recharge facilities in the Beebe Draw pursuant to the terms and conditions of the ECCV Beebe Draw Recharge Project under the 404/442 and 306 Decrees if such substitute supplies are decreed for such use; and/or (f) stored in United Reservoir No. 3 described in paragraph 3.1.18, above, if the substitute supplies are decreed for such uses. 3.3.

Amounts. The maximum exchange rates in cubic feet per second (cfs) for the appropriative rights of exchange are set forth in the Exchange Matrix attached as Exhibit 2. 3.4.Uses. Use of water diverted by exchange under the appropriative rights of exchange described herein, including but not limited to recharge accretions attributable to such diversions, shall be for use only by ECCV as described in paragraphs 3.2.1.1, 3.2.2.1, 3.2.3.1, 3.2.4.1, 3.2.5.1, and 3.2.6.1, above, and shall be further limited to uses decreed for each source of substitute supply. 3.5. Appropriation Dates. 3.5.1.

February 24, 2013: for the appropriative right of exchange from the Teague Return Pipeline and the appropriative right of exchange to the Fort Morgan Canal headgate. 3.5.2. December 29, 2011: for all other appropriative rights of exchange claimed herein. 3.6. Sources of Substitute Supply.

The sources of substitute supply are the fully consumable portions of certain water rights that Applicants have acquired, have an agreement to acquire, or for which Applicants have taken substantial steps toward acquiring consistent with the Colorado Supreme Court’s decision in Centennial Water and Sanitation District v. City and County of Broomfield, 256 P.3d 677 (Colo. 2011). Applicants have sought or will seek changes of these water rights to, in part, allow use of those rights as a source of substitute supply for the appropriative rights of exchange claimed herein. Exhibit 3 is a list of the sources of substitute supply decreed for the appropriative rights of exchange herein. 4.

Detailed outline of work done for the completion of the conditional appropriation for reasonable diligence. ECCV’s unified, integrated system for the diversion, accretion, collection, storage, transmission, and treatment of water rights (the “Water Supply Project”) was originally designed to provide ECCV with a long-term, sustainable municipal water supply for its service area. The conditional

water rights decreed herein are part of the Water Supply Project, which will provide water within ECCV’s service area. Pursuant to S 37-92-301(4) (b) of the Colorado Revised Statutes, for purposes of demonstrating diligence, work on one feature of the project or system shall be considered in finding that reasonable diligence has been shown in the development of all water rights conditionally decreed herein, and shall constitute diligence toward the development of each of the conditional water rights decreed herein. During the diligence period ECCV has done, at a minimum, the following work towards completion or for completion of the appropriations and application of water to a beneficial use as conditionally decreed (expenditure numbers are rounded to the nearest $1,000). 4.1.

Legal Fees. Legal fees in the amount of $3,000,000.00 were expended during the diligence period in ECCV’s adjudicatory proceedings for the appropriation of new water rights and changes to existing water rights for ECCV’s Water Supply Project, and water rights protection and opposition. 4.2. Engineering Costs.

Engineering costs in the amount of $2,100,000.00 were expended during the diligence period in connection with ECCV’s Water Supply Project, to perform water rights modeling, exchange potential modeling, appropriation of new water rights, changes to existing water rights, water rights protection and opposition, and water rights accounting. 4.3. Additional Sources of Substitute Supplies. ECCV has filed applications and obtained decrees in the cases listed below to increase the replacement supplies available under its augmentation plan decrees and facilitate increased diversions in the ECCV Well Field, to add additional storage facilities and recharge locations, and to add exchanges to aid in moving its replacement water to its places of beneficial use. 4.3.1.

Case No. 06CW40, original application filed February 20, 2006; decree entered July 5, 2016.

4.3.2.Case No. 11CW151, original application filed August 31, 2011; decree entered November 26, 2018. 4.3.3. Case No. 11CW280, application filed December 29, 2011; decree entered October 21, 2014. 4.3.4. Case No. 12CW73, original application filed March 30, 2012; decree entered February 26, 2016. 4.3.5. Case No. 13CW3026, original application filed April 26, 2013; decree entered October 31, 2017. 4.3.6. Case No. 13CW3172, application filed December 30, 2013; decree entered June 20, 2017. 4.3.7. Case No. 16CW3196, application filed December 29, 2016; case currently pending. 4.3.8. Case No. 16CW3200, application filed December 29, 2016; case currently pending. 4.3.9. Case No. 19CW3084, application filed May 15, 2019; case currently pending. 4.3.10.

Case No. 20CW3096, application filed July 13, 2020; case currently pending. 4.3.11.Case No. 20CW3117, application filed August 21, 2020; case currently pending. 4.4. Water System Development. During the diligence period, United, on behalf of ECCV, has developed and acquired infrastructure for Phase II of the Water Supply Project, including but not limited to, mining United Reservoir No. 3, acquiring Milliken Reservoir in August 2015; completing construction of 70 Ranch Reservoir in July 2019; and securing easement deeds and agreements for structures necessary to deliver water to ECCV. During this diligence period ECCV has been working on Phase II of the Water Supply Project. This phase will allow ECCV to deliver up to 14.75 million gallons of renewable water to customers each day, whereby reducing dependency on non-renewable wells. This phase included designing the expansion of the RO Plant and North and South Booster Pump Station (2017), construction of Deep Injection Well II (2018), and expansion of the plant and pump station (2020). Construction is currently underway and is expected to be completed in 2020. The estimated cost of the Phase II infrastructure is $84.8 million. 4.5. Substitute Water Supply Plans.

During this diligence period, ECCV has filed joint substitute water supply plans (“SWSP”) with ACWWA in order to use additional replacement supplies to replace out-of-priority depletions from the ACWWA/ECCV Well Field to facilitate the efficient operation of the Water Supply Project.

SWSPs were filed in 2014 (approved April 15, 2015), 2015 (approved April 6, 2016), 2016 (approved May 19, 2017), 2017 (approved March 30, 2018), 2018 (approved March 27, 2019), and 2019 (approved April 6, 2020). 4.6. Protection of Water Rights. ECCV has regularly monitored the filings of other water users. It has filed statements of opposition to and has incurred legal and engineering costs in connection with numerous cases to protect its water rights. Legal fees in the amount of $150,000.00 were expended during the diligence period in water rights protection and opposition on behalf of ECCV for its Water Supply Project. 4.7. Opposition of Detrimental Legislation.

ECCV has been actively involved in opposing Colorado State legislation that would negatively impact the operation of its augmentation plans and exchanges. 4.8. ECCV continues to rely upon and develop the conditional water rights described herein and has no intent to abandon them. 5. Claim to Make Absolute. During this diligence period, ECCV made a maximum of 164 acre-feet and 8.25 cfs absolute. Specifically, since the decree was entered in Case No. 11CW285, ECCV has made absolute portions of the following exchanges: 5.1.

Exchange on March 26, 2017 from the Milliken Reservoir outlet to United Diversion Facility No. 3, at a rate of 8.25 cfs. 5.2. Exchange on July 24, 2019 from the Weldon Valley Central/ACWWA Augmentation Station to Milliken Reservoir, at a rate of 5.0 cfs. 5.3. Exchange on June 28, 2020 from the Weldon Valley Central/ACWWA Augmentation Station to Milliken Reservoir, at a rate of 1.0 cfs. 5.4. Exchange on July 10, 2020 from the Weldon Valley Ditch Tail End Augmentation Station to Milliken Diversion, at a rate of 0.91 cfs. 5.5.

Exchange on July 10, 2020 from SPR Reach 4 to Milliken Diversion, at a rate of 1.37 cfs. 5.6. Exchange on July 28, 2020 from Farmers Independent Ditch Augmentation Structure to Milliken Diversion, at a rate of 1.39 cfs. See ECCV’s Water Rights Accounting Summary, attached as Exhibit 4. 6. Names and addresses of owners of the land on which the structures are or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use. 6.1.

Fort Morgan Canal. Fort Morgan Reservoir & irrigation Company, P.O. box 38, Fort Morgan, Colorado 80701. 6.2. Weldon Valley Ditch Augmentation Station. Weldon Valley Ditch Company, P.O. Box 66, Weldona, Colorado 80653. 6.3.

Weldon Valley Ditch Central/ACWWA Augmentation Station. Central Colorado Water Conservancy District and the Groundwater Management Subdistrict of the Central Colorado Water Conservancy District, 3209 W. 28th Street, Greeley, Colorado, 80631; and ACWWA, 13031 East Caley Avenue Centennial, Colorado 80111.

6 . 4 .

United Diversion Facility No.1. 70 Ranch, LLC, c/o Robert Lembke, 8301 E. Prentice Avenue, Greenwood Village, CO 80111. The land on which the

Diversion Facility will be located is owned by Riverside, 221 E. Kiowa, Fort Morgan, Colorado, 80201 and the Colorado Division of Wildlife, 6060 Broadway, Denver, Colorado, 80216. 6.5. Lower Latham Ditch. Lower Latham Ditch Company, 8209 W. 20th Street, Suite A, Greeley, CO 80634.

6.6. Western Mutual Ditch. Western Mutual Ditch Company, P.O. Box 282, LaSalle, Colorado, 80645. 6.7. Brownwood Station. Central Colorado Water Conservancy District, 3209 West 28th Street, Greeley, Colorado, 80634. 6.8. Farmers Independent Ditch. Farmers Independent Ditch Company, 2158 27th Avenue, Greeley, Colorado 80634. 6.9. St. Vrain Pipeline. United Water and Sanitation District, 8301 East Prentice Avenue, Suite 100, Greenwood Village, Colorado, 80111; Elverna Burchfield Trustee & Sherry Rose, 221 West Platte Avenue, Fort Morgan, Colorado, 80701; Public Service Company, d/b/a Xcel Energy, Inc., 1800 Larimer Street, Denver, Colorado, 80202-1414. 6.10. Milliken Reservoir. United Milliken Reservoir Enterprise, LLC, 8301 East Prentice Ave, Suite 100, Greenwood Village, Colorado 80111; and Scout Investments, LLC, whose address is the same. The Jay Thomas Diversion Dam and the land at the point of diversion for Milliken Reservoir are owned by Public Service Company, d/b/a Xcel Energy, Inc., 1800 Larimer Street, Denver, Colorado, 80202-1414.

6.11. Fulton Irrigating Ditch. Fulton Irrigating Ditch Company, 25 South 4th Avenue, Brighton, Colorado 80601. 6.12. United Diversion Facility No. 3.

United Water and Sanitation District, 8301 East Prentice Avenue, Suite 100, Greenwood Village, Colorado, 80111. 6.13.

The Burlington Ditch.

Farmers Reservoir and Irrigation Company, 80 South 27th Avenue, Brighton, Colorado 80601.

WHEREFORE, Applicants respectfully request that this Court enter an order finding that the following exchanges be made ABSOLUTE: (1) from the Milliken Reservoir outlet to United Diversion Facility No. 3, at a rate of 8.25 cfs; (2) from the Weldon Valley Central/ACWWA Augmentation Station to Milliken Reservoir, at a rate of 5.0 cfs; (3) from the Weldon Valley Central/ACWWA Augmentation Station to Milliken Reservoir, at a rate of 1.0 cfs; (4) from the Weldon Valley Ditch Tail End Augmentation Station to Milliken Diversion, at a rate of 0.91 cfs; (5) from SPR Reach 4 to Milliken Diversion, at a rate of 1.37 cfs; and (6) from Farmers Independent Ditch Augmentation Structure to Milliken Diversion, at a rate of 1.39 cfs; and the remaining portions continue as conditional. In the alternative, Applicants request a finding of reasonable diligence has been exercised in the development of the subject conditional rights of exchange. (17 pages, 4 exhibits).

WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED THE WATER RIGHTS CLAIMED

BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE OR BE FOREVER BARRED. YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or an amended application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, a verified Statement of Opposition, setting forth facts as to why the application should not be granted, or why it should be granted only in part or on certain conditions. Such Statement of Opposition must be filed by the last day of NOVEMBER 2020 (forms available on www. courts.state.co.us or in the Clerk’s office) and must be filed as an Original and include $192.00 filing fee. A copy of each Statement of Opposition must also be served upon the Applicant or Applicant’s Attorney and an affidavit or certificate of such service of mailing shall be filed with the Water Clerk.

Legal Notice No. 300762 First Publication: October 22, 2020 Last Publication: October 22, 2020 Publisher: Englewood Herald Public Notice DISTRICT COURT, WATER DIVISION 1, COLORADO SEPTEMBER 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 SEPTEMBER 2020 for each County affected.

20CW3146 ARAPAHOE COUNTY WATER AND WASTEWATER AUTHORITY (“ACWWA”), c/o Steve Witter, 13031 East Caley Avenue, Centennial, Colorado 80111, Telephone: (303) 790-4830; United Water and Sanitation District (“United”), c/o Robert Lembke, 8301 E. Prentice Ave., Suite 100, Greenwood Village, Colorado 80111, Telephone: (303) 773-1005. All correspondence and communications should be addressed to: Brian M. Nazarenus, Esq., Sheela S. Stack, Esq., William D. Wombacher, Esq., Stacy L. Brownhill, Esq., NAZARENUS STACK & WOMBACHER, LLC, 8301 E. Prentice Avenue, Suite 110, Greenwood Village, Colorado 80111, Telephone: (720) 6475661, (Attorneys for ACWWA); Tod J. Smith, Esq., THE LAW OFFICE OF TOD J. SMITH, 5777 Central Ave., Suite 228, Boulder, Colorado 80301, Telephone: (303) 444-4203, (Attorney for United).

APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE AMOUNTS ABSOLUTE in ADAMS, ARAPAHOE, DENVER, DOUGLAS, ELBERT, LARIMER, MORGAN, AND WELD COUNTIES. 2. Original Decree. The original decree was entered by the Water Court, Water Division 1, on September 18, 2014, in Case No 09CW283. 3. Conditional Appropriative Rights of Exchange: South Platte River and St. Vrain Creek Exchange Reaches. 3.1. Exchange-From Points.

The exchange-from points are the locations identified as the delivery locations to the South Platte River described for each location and/or structure listed below. The approximate locations of the exchange-from points and related structures are shown on Exhibit 1. 3.1.1. Downstream End Point of South Platte River Reach 5 (“SPR Reach 5”) – Confluence of Beaver Creek and the South Platte River. Located in the NW1/4 of the SW1/4 of S 4, T 4 N, R 55 W of the 6th P.M., Morgan County, Colorado. ACWWA does not seek to exchange water up Beaver Creek. For purposes of this exchange, the confluence of Beaver Creek and the South Platte River is also the downstream end point of SPR Reach 5. SPR Reach 5 was decreed at paragraph 19.1.8 of the decree entered in Case No. 10CW306 (“306 Decree”) as an administrative reach of the South Platte River for ACWWA’s augmentation plans approved in the

306 Decree. SPR Reach 5 is located below the Bijou Canal headgate to the confluence of Beaver Creek and the South Platte River. The Bijou Canal headgate is located on the south bank of the South Platte River, in the NE1/4 of the NE1/4 of S 13, T4N, R63Wof the 6th P.M., Morgan County, Colorado, at a point approximately 95 feet west of the east S line and 604 feet south of the north S line of said S 13. 3.1.2. Fort Morgan Canal – Teague Return Pipeline. United has an easement to use an existing pipeline extending from a parcel located approximately ten miles south of the Fort Morgan Canal that crosses underneath the Canal in the NE1/4 of the SW1/4 of S 13, T3N, R57W of the 6th P.M., Morgan County, Colorado, and discharges to the South Platte River, in the SW1/4 of the NW1/4 of S 30, T4N, R56W of the 6th P.M., Morgan County, Colorado. 3.1.3. Weldon Valley Ditch Augmentation Structures. ACWWA will use the following augmentation structures to deliver sources of substitute supplies from the Weldon Valley Ditch to the South Platte River: (1) an augmentation structure, referred to as the Weldon Valley Ditch Central/ACWWA Augmentation Station, located in the NE1/4 of the NW1/4 of S3, T4N, R60W of the 6th P.M., Morgan County, Colorado, which delivers water to the South Platte River, in the W1/2 of the NE1/4 of S 3, T4N, R60W of the 6th P.M., Morgan County, Colorado; and (2) an augmentation structure, referred to as the Weldon Valley Ditch Tail, located in the NW1/4 of the SE1/4 of S 7, T4N, R58W of the 6th P.M., Morgan County, Colorado, which delivers water to the South Platte River, in the NE1/4 of the NW1/4 of S 18, T4N, R58W of the 6th P.M., Morgan County, Colorado. 3.1.4. ACWWA 70 Ranch Recharge Project Exchange Quantification Point. The ACWWA 70 Ranch Recharge Project was decreed at paragraphs 37-41 of the 306 Decree. The Quantification Point for recharge accretions from the ACWWA 70 Ranch Recharge Project is the farthest downstream point at which recharge accretions from the ACWWA 70 Ranch Recharge Project accrue to the South Platte River. The delivery location is the ACWWA 70 Ranch Recharge Project Quantification Point, which is located on the South Platte River at the west S line of S 23, T4N, R62W of the 6th P.M., Weld County, Colorado, as the S line intersects with the South Platte River. 3.1.5. Downstream End Point of South Platte River Reach 4 (“SPR Reach 4”) – Bijou Canal Headgate. SPR Reach 4 was decreed at paragraph 19.1.7 of the 306 Decree as an administrative reach of the South Platte River for ACWWA’s augmentation plans approved in the 306 Decree. SPR Reach 4 is located from the Empire Inlet Canal headgate, which is located in the SW1/4 of the SW1/4 of S 19, T5N, R63W of the 6th P.M., Weld County, Colorado, to the Bijou Canal headgate, located on the south bank of the South Platte River, in the NE1/4 of the NE1/4 of S 13, T4N, R63W of the 6th P.M., Morgan County, Colorado, at a point approximately 95 feet west of the east S line and 604 feet south of the north S line of said S. 3.1.6. Confluence of Crow Creek and the South Platte River. Located in SE1/4 of the NE1/4 of S 24, T5N, R64W of the 6th P.M., Weld County, Colorado. Prior to delivery to the confluence of Crow Creek and the South Platte River for exchange, ACWWA intends to divert certain sources of substitute supply at the headgate for the Greeley No. 2 Canal, located in the SE1/4 of the NE1/4 of S 11, T 6 North, R 68 West of the 6th P.M., Larimer County, Colorado, and deliver the substitute supplies from said Canal to Crow Creek, in the NW1/4 of the SW1/4 of S 25, T6N, R64W of the 6th P.M., Weld County, Colorado, where the substitute supplies will be conveyed to the confluence with the South Platte River. 3.1.7. Confluence of Lone Tree Creek and the South Platte River. Located in the SE1/4 of the SE1/4 of S 6, T5N, R64W of the 6th P.M., Weld County, Colorado. Prior to delivery to the confluence of Lone Tree Creek and the South Platte River for exchange, ACWWA intends to divert certain sources of substitute supply from the Cache la Poudre River at the headgate for the Greeley No. 2 Canal, described in paragraph 3.1.6, above, and deliver the substitute supplies from said Canal to Lone Tree Creek in the NE1/4 of the NW1/4 of S 15, T6N, R65W of the 6th P.M., Weld County, Colorado, where substitute supplies will be conveyed to the confluence with the South Platte River. 3.1.8. Confluence of the Cache la Poudre River and the South Platte River. Located in the SW1/4 of the SW1/4 (Lot 4) of S 6, T5N, R64W of the 6th P.M., Weld County, Colorado, the centroid being 590 feet from the west S line and 4760 feet from the north S line. ACWWA will deliver its sources of substitute supply to the confluence of the Cache la Poudre and South Platte Rivers by: (1) conveying certain sources of substitute supply down the Cache la Poudre River to its confluence with the South Platte River; and/or (2) delivering certain sources of substitute supply to the confluence of Sand Creek and the Cache la Poudre River, which is located in the NW1/4 of the NW1/4 of S 11, T5N, R65W of the 6th P.M., Weld County, Colorado, immediately above the confluence of the Cache la Poudre and South Platte Rivers. 3.1.9. Downstream End Point of South Platte River Reach 3 (“SPR Reach 3”) – Empire Inlet Canal Headgate. SPR Reach 3 was decreed at paragraph 19.1.6 of the 306 Decree as an administrative reach of the South Platte River for ACWWA’s augmentation plans approved in the 306 Decree. SPR Reach 3 is located from the Lower Latham Ditch headgate, which is located in the NW1/4 of the NE1/4 of S 31, T5N, R65W of the 6th P.M., Weld County, Colorado, to the Empire Inlet Canal headgate, described in paragraph 3.1.5, above. For purposes of this exchange, the exchange-from point for SPR Reach 3 is a point at the downstream end of SPR Reach 3, located immediately upstream of the Empire Inlet Canal headgate. 3.1.10. Downstream End Point of South Platte River Reach 2 (“SPR Reach 2”) – Lower Latham Headgate. SPR Reach 2 was decreed at paragraph 19.1.5 of the 306 Decree as an administrative reach of the South Platte River for ACWWA’s augmentation plans approved in the 306 Decree. SPR Reach 2 is located from the Western Mutual Ditch headgate, located in the SE1/4 of the SW1/4 of S 11, T3N, R6W of the 6th P.M., Weld County, Colorado, to the Lower Latham Ditch headgate described in paragraph 3.1.9, above. For purposes of this exchange, the exchange-from point for SPR Reach 2 is a point at the downstream end of SPR Reach 2, located immediately upstream of the Lower Latham Ditch headgate. 3.1.11. Western Mutual Ditch Augmentation Structures. ACWWA may use the following augmentation structures to deliver certain sources of substitute supply from the Western Mutual Ditch to the South Platte River: (1) an existing measuring device/augmentation structure located at the tail end of the Western Mutual Ditch, which discharges to the Union Ditch in the SW1/4 of the NE1/4 of S5, T4N, R65Wof the 6th P.M., Weld County, Colorado. Such water delivered to the

Englewood Legals 10.22.20 * 4

The Herald 31

0October 22, 2020

Public Notices Union Ditch can be delivered to the South Platte River, in the SE1/4 of the NE1/4 of S 29, T5N, R65W of the 6th P.M., Weld County, Colorado.

3.1.12. Farmers Independent Ditch Augmentation Structures. An existing augmentation structure, referred to as the Farmers Independent Ditch Tail, located in the SE1/4 of the NE1/4 (Lot 1) of S 1, T4N, R66W of the 6th P.M., Weld County, Colorado, which delivers certain sources of substitute supply from the Farmers Independent Ditch to the South Platte River, in the NE1/4 of the NW1/4 of S 31, T5N, R65W of the 6th P.M., Weld County, Colorado. 3.1.13. Milliken Reservoir (f/k/a Gilcrest Reservoir). Milliken Reservoir is an off-channel reservoir located within parts of S 2, T3N, R67Wand Ss 23, 26, 34, and 35, T4N, R67W, all of the 6th P.M., Weld County, Colorado. Certain sources of substitute supply stored by ACWWA in Milliken Reservoir will be delivered from Milliken Reservoir to the South Platte River at the following locations: (1) SE1/4 of the NW1/4 of S 2, T3N, R67W of the 6th P.M., Weld County, Colorado; (2) SE1/4 of the NE1/4 of S 26, T4N, R67W of the 6th P.M., Weld County, Colorado; and (3) NW1/4 of the NW1/4 of S 35, T4N, R67W of the 6th P.M., Weld County, Colorado. 3.1.14. Confluence of St. Vrain Creek and the South Platte River. Located in the SW1/4 of the NE1/4 of S 34, T4N, R67W of the 6th P.M., Weld County, Colorado. From this point, water will be exchanged up St. Vrain Creek to the St. Vrain Pipeline Diversion as described in paragraph 3.1.15, below. 3.1.15. St. Vrain Pipeline (a/k/a United Diversion Facility No. 5). The St. Vrain Pipeline diversion point is located 500 feet west and 200 feet north of the SE corner of S 20, T3N, R67W of the 6th P.M., Weld County, Colorado. The St. Vrain Pipeline will discharge certain sources of substitute supply to the South Platte River at one of the following locations, all located above the Farmers Independent Ditch headgate, located in the SW1/4 of the SW1/4 of S 19, T3N, R66W of the 6th P.M., Weld County, Colorado: (1) at a point to be located upstream of the Highway 66 bridge as it crosses the South Platte River, which delivers water to the South Platte River, in the SW1/4 of the SW1/4 of S 19, T3N, R66W of the 6th P.M., Weld County, Colorado; and (2) at a point to be located upstream of the Highway 66 bridge as it crosses the South Platte River, which delivers water to the South Platte River, in the SE1/4 of the SE1/4 of S 24, T3N, R67W, or the SE1/2 of S 25, T3N, R67W of the 6th P.M., Weld County, Colorado. 3.1.16. Downstream End Point of South Platte River Reach 1 (“SPR Reach 1”) – Western Mutual Ditch Headgate. SPR Reach 1 was decreed at paragraph 19.1.4 of the 306 Decree as an administrative reach of the South Platte River for ACWWA’s augmentation plans approved in the 306 Decree. SPR Reach 1 is located above the Western Mutual Ditch headgate. For purposes of this exchange, the exchange-from point for SPR Reach 1 is a point at the downstream end of SPR Reach 1, located immediately upstream of the Western Mutual Ditch headgate, which is located in the SE1/4 of the SW1/4 of S 11, T3N, R67W of the 6th P.M., Weld County, Colorado. 3.1.17. Fulton Irrigating Ditch Augmentation Structures. ACWWA will use the following augmentation structures to deliver certain sources of substitute supply from the Fulton Irrigating Ditch to the South Platte River: (1) an existing augmentation structure, referred to as the Fulton Irrigating Ditch Augmentation Structure (upstream), located in the SW1/4 of the NW1/4 of S 8, T1N, R66Wof the 6th P.M., Weld County, Colorado, which delivers water to the South Platte River, in the SE1/4 of the NW1/4 of S 7, T1N, R66W of the 6th P.M., Adams County, Colorado; and (2) an augmentation structure, referred to as the Fulton Irrigating Ditch CCWCD Lower Augmentation Station, to be constructed in S 3 of the Fulton Ditch, in the NE1/4 of the SE1/4 of S 28, T2N, R66W of the 6th P.M., Weld County, Colorado, which delivers water to the South Platte River, in the NW1/4 of the NE1/4 of S 30, T2N, R66W of the 6th P.M., Weld County, Colorado. 3.1.18. United Reservoir No. 3. United Reservoir No. 3 is an off-channel reservoir located in the E1/2 of S 26, T1S, R67W of the 6th P.M., Adams County, Colorado. Certain sources of substitute supply stored by ACWWA in United Reservoir No. 3 will be delivered to the South Platte River at a point at or near the decreed point of diversion, United Diversion Facility No. 3, which is located on the east bank of the South Platte River, in the SW1/4 of S 26, T1S, R67Wof the 6th P.M., Adams County, Colorado; more specifically, located 1,636 feet east of the west line and 1,531 feet north of the south line of said S 26. 3.2. Exchange-To Points (from downstream to upstream).

The approximate locations of the exchange-to points and related structures are shown on Exhibit 1. 3.2.1. Fort Morgan Canal Headgate.

Located on the south bank of the South Platte River, in the NE1/4 of the SE1/4 of S 31, T5N, R59W of the 6th P.M., Morgan County, Colorado.

3.2.1.1. Use of Water. The substitute supplies exchanged to the Fort Morgan Canal headgate will be used by ACWWA to satisfy its historical return flow obligations for changed water rights as described in Exhibit 3 and/or replacement obligations in SPR Reach 5 pursuant to the 306 Decree, if the substitute supplies are decreed for such uses. 3.2.2. United Diversion Facility No. 2 Point of Depletion on the South Platte River. United Diversion Facility No. 2 is comprised of Wells Nos. 1, 3, and 4, as described in paragraph 27.1 of the 306 Decree. The point of depletion on the South Platte River for United Diversion Facility No. 2 is located in the reach from the Empire Inlet Canal headgate downstream to the Bijou Canal headgate (SPR Reach 4), pursuant to paragraph 34.1 of the 306 Decree. 3.2.2.1. Use of Water. The United Diversion Facility No. 2 point of depletion shall operate as an exchange-to point only in conjunction with the ACWWA 70 Ranch Augmentation Plan approved in the 306 Decree when ACWWA seeks to replace out-of-priority depletions from United Diversion Facility No. 2 with downstream augmentation sources, if the substitute supplies are decreed for such uses. 3.2.3. United Diversion Facility No. 1 Point of Diversion. The point of diversion from the South Platte River for United Diversion Facility No. 1 will be located at the existing headgate for the Riverside Intake Canal, on the north bank of the South Platte River, in the SW1/4 of the SW1/4 of S 20, T5N, R63W of the 6th P.M., Weld County, Colorado, if an agreement with the Riverside Irrigation District and Riverside Reservoir Company (“Riverside”) is obtained. Absent an agreement with Riverside, the headgate will be located on the north bank of the South Platte River, in the S1/2 of the SW1/4 of S 20, T5N, R63W of the 6th P.M., Weld County, Colorado, between the headgate of the Riverside Intake Canal and the west S line of S 20, T5N, R63Wof the 6th P.M., at a location to be established within that reach, approximately 200 yards in extent. 3.2.3.1. Use of Water. Substitute supplies exchanged to the point of diversion for United Diversion Facility No. 1 will be used by ACWWA to satisfy its replacement

obligations in SPR Reaches 4 and 5, if the substitute supplies are decreed for such use; and/or will be delivered to recharge facilities at 70 Ranch pursuant to the terms and conditions of the ACWWA 70 Ranch Recharge Project under the 306 Decree, if the substitute supplies are decreed for such use. 3.2.4. Milliken Reservoir (f/k/a Gilcrest Reservoir) Points of Diversion. The location of Milliken Reservoir is described in paragraph 3.1.13, above. A point of diversion for Milliken Reservoir is planned to be located adjacent to the Jay Thomas Ditch Diversion Dam, on the east bank of the South Platte River, in the NW1/4 of the NW1/4 of S 11, T3N, R67W of the 6th P.M., Weld County, Colorado. Substitute supplies will also be diverted into Milliken Reservoir through a proposed inlet/outlet structure which is designed to also operate as a northern intake to the Reservoir and will be located in the NE1/4 of the SW1/4 of S 26, T4N, R67W of the 6th P.M., Weld County, Colorado. 3.2.4.1. Use of Water. Substitute supplies exchanged to the points of diversion for Milliken Reservoir will be stored in the Reservoir and will subsequently: (a) be used by ACWWA to satisfy its replacement obligations in SPR Reaches 2, 3, 4, 5, and the Beebe Draw, if the substitute supplies are decreed for such uses; (b) be delivered to recharge facilities at 70 Ranch pursuant to the terms and conditions of the ACWWA 70 Ranch Recharge Project under the 306 Decree, if the substitute supplies are decreed for such use; (c) be used to replace depletions from pumping ACWWA’s wells on 70 Ranch pursuant to the terms and conditions for the ACWWA 70 Ranch Augmentation Plan under the 306 Decree, if the substitute supplies are decreed for such use and are added to the ACWWA 70 Ranch Augmentation Plan under the 306 Decree; (d) be used to augment depletions to the South Platte River from the ACWWA/East Cherry Creek Valley Water and Sanitation District (“ECCV”) Well Field pursuant to the ACWWA Augmentation Plan under the 306 Decree, if the substitute supplies are decreed for such use and are added to the ACWWA Augmentation Plan under the 306 Decree; and/or (e) be delivered to recharge facilities in the Beebe Draw pursuant to the terms and conditions of the ACWWA Beebe Draw Recharge Project under the 306 Decree, if the substitute supplies are decreed for such uses. 3.2.5.

St.Vrain Pipeline Diversion (United Diversion Facility No. 5). The St. Vrain Pipeline Diversion will be located on the east bank of St. Vrain Creek 500 feet west and 200 feet north of the SE corner of S 20, T3N, R67W of the 6th P.M., Weld County, Colorado. 3.2.5.1. Use of Water. Substitute supplies exchanged to the St. Vrain Pipeline Diversion and discharged to the South Platte River as described in paragraph 3.1.15, above, may be re-diverted by ACWWA to storage in Milliken Reservoir for the uses described in paragraph 3.2.4.1, above, and will: (a) be used by ACWWA to satisfy its replacement obligations in SPR Reaches 1, 2, 3, 4, 5, and the Beebe Draw, if the substitute supplies are decreed for such uses; (b) be delivered into recharge facilities at 70 Ranch pursuant to the terms and conditions of the ACWWA 70 Ranch Recharge Project under the 306 Decree, if the substitute supplies are decreed for such use; (c) be used to replace depletions from pumping ACWWA’s wells on 70 Ranch pursuant to the terms and conditions of the ACWWA 70 Ranch Augmentation Plan under the 306 Decree, if the substitute supplies are decreed for such use and are added to the ACWWA 70 Ranch Augmentation Plan under the 306 Decree; (d) be used to augment depletions to the South Platte River from the ACWWA/ECCV Well Field pursuant to the ACWWA Augmentation Plan under the 306 Decree, if the substitute supplies are decreed for such use and are added to the ACWWA Augmentation Plan under the 306 Decree; and/or (e) be delivered to recharge facilities in the Beebe Draw pursuant to the terms and conditions of the ACWWA Beebe Draw Recharge Project under the 306 Decree, if the substitute supplies are decreed for such uses. 3.2.6.

United Diversion Facility No. 3. The headgate of United Diversion Facility No. 3 is located on the east bank of the South Platte River, in the SW1/4 of S 26, T1S, R67W of the 6th P.M., Adams County, Colorado, located 1,636 feet east of the west line and 1,531 feet north of the south line of said S 26. Substitute supplies exchanged and diverted at United Diversion Facility No. 3 will be delivered to United Reservoir No. 3, the location of which is described in paragraph 10.18.1, above.

3.2.6.1. Use of Water. Substitute supplies exchanged to United Diversion Facility No. 3 will subsequently: (a) be used by ACWWA to satisfy its replacement obligations in SPR Reaches 1, 2, 3, 4, 5, and in the Beebe Draw, if the substitute supplies are decreed for such uses; (b) be delivered to recharge facilities at 70 Ranch pursuant to the terms and conditions of the ACWWA 70 Ranch Recharge Project under the 306 Decree, if the substitute supplies are decreed for such use; (c) be used to replace depletions from pumping ACWWA’s wells on 70 Ranch pursuant to the terms and conditions of the ACWWA 70 Ranch Augmentation Plan under the 306 Decree, if the substitute supplies are decreed for such use and are added to the ACWWA 70 Ranch Augmentation Plan under the 306 Decree; (d) be delivered to recharge facilities in the Beebe Draw pursuant to the terms and conditions of the ACWWA Beebe Draw Recharge Project under the 306 Decree, if the substitute supplies are decreed for such use; (e) be used to augment depletions to the South Platte River from the ACWWA/ECCV Well Field pursuant to the ACWWA Augmentation Plan under the 306 Decree, if the substitute supplies are decreed for such use and are added to the ACWWA Augmentation Plan under the 306 Decree; (f) be stored in United Reservoir No. 3, described in paragraph 3.1.18, above; (g) be stored in Barr Lake; and/or (h) be delivered to ECCV’s Water Treatment Plant in the Beebe Draw, if the substitute supplies are decreed for such uses. 3.2.7. Burlington Ditch.

Pursuant to the decreed changed point of diversion in Case No. 02CW403, the headgate of the Burlington Ditch is on the east bank of the South Platte River, in the NE1/4 of the SW1/4 of S 14, T3S, R68Wof the 6th P.M., City and County of Denver, Colorado. 3.2.7.1. Use of Water. Substitute supplies exchanged to the Burlington Ditch may be stored in Barr Lake, released to the Beebe Draw, and used to satisfy ACWWA’s replacement obligations in the Beebe Draw. Substitute supplies exchanged to the Burlington Ditch will also be conveyed to United Reservoir No. 3 through the Beebe Pipeline for release to the South Platte River and will subsequently: (a) be used by ACWWA to satisfy its replacement obligations in SPR Reaches 1, 2, 3, 4, and 5, if the substitute supplies are decreed for such uses; (b) be delivered to recharge facilities at 70 Ranch pursuant to the terms and conditions of the ACWWA 70 Ranch Recharge Project under the 306 Decree, if the substitute supplies are decreed for such use; (c) be used to replace depletions from pumping AC-

WWA’s wells on 70 Ranch pursuant to the terms and conditions of the ACWWA 70 Ranch Augmentation Plan under the 306 Decree, if the substitute supplies are decreed for such use and are added to the ACWWA Augmentation Plan under the 306 Decree; (d) be used to augment depletions to the South Platte River from the ACWWA/ECCV Well Field pursuant to the ACWWA Augmentation Plan under the 306 Decree, if the substitute supplies are decreed for such use and are added to the ACWWA Augmentation Plan under the 306 Decree; (e) be delivered to recharge facilities in the Beebe Draw pursuant to the terms and conditions of the ACWWA Beebe Draw Recharge Project under the 306 Decree, if such substitute supplies are decreed for such use; and/or (f) be stored in United Reservoir No. 3 described in paragraph 3.1.18, above, if the substitute supplies are decreed for such uses. 3.3. Amounts. The maximum exchange rates in cubic feet per second (cfs) for the appropriative rights of exchange are set forth in the Exchange Matrix attached as Exhibit 2. 3.4. Uses. Use of water diverted by exchange under the appropriative rights of exchange described herein, including but not limited to recharge accretions attributable to such diversions, shall be for use only by ACWWA as described in paragraphs 3.2.1.1, 3.2.2.1, 3.2.3.1, 3.2.4.1, 3.2.5.1, 3.2.6.1, and 3.2.7.1, above, and shall be further limited to uses decreed for each source of substitute supply. 3.5. Appropriation Dates. 3.5.1. February 24, 2013: for the appropriative right of exchange from the Teague Return Pipeline and the appropriative right of exchange to the Fort Morgan Canal headgate.

3.5.2. October 3, 2011: for the appropriative rights of exchange in excess of 225 cfs. 3.5.2. December 29, 2011: for all other appropriative rights of exchange claimed herein. 3.6. Sources of Substitute Supply. The sources of substitute supply are the fully consumable portions of certain water rights that Applicants have acquired, have an agreement to acquire, or for which Applicants have taken substantial steps toward acquiring consistent with the Colorado Supreme Court’s decision in Centennial Water and Sanitation District v. City and County of Broomfield, 256 P.3d 677 (Colo.

2011). Applicants have sought or will seek changes of these water rights to, in part, allow use of those rights as a source of substitute supply for the appropriative rights of exchange claimed herein. Exhibit 3 is a list of ACWWA’s sources of substitute supply. 4. Detailed outline of work done for the completion of the conditional appropriation for reasonable diligence. ACWWA’s unified, integrated system for the diversion, accretion, collection, storage, transmission, and treatment of water rights (the “Water Supply Project” or “Flow Project”) was originally designed to provide ACWWA with a long-term, sustainable municipal water supply for its service area. The conditional water rights decreed herein are part of the Water Supply Project, which will provide water within ACWWA’s service area. Pursuant to S 37-92-301(4)(b) of the Colorado Revised Statutes, for purposes of demonstrating diligence, work on one feature of the project or system shall be considered in finding that reasonable diligence has been shown in the development of all water rights conditionally decreed herein, and shall constitute diligence toward the development of each of the conditional water rights decreed herein. During the diligence period ACWWA has done, at a minimum, the following work towards completion or for completion of the appropriations and application of water to a beneficial use as conditionally decreed (expenditure numbers are rounded to the nearest $1,000). 4.1.

Legal Fees. Legal fees in the amount of $3,000,000.00 were expended during the diligence period in ACWWA’s adjudicatory proceedings for the appropriation of new water rights and changes to existing water rights for ACWWA’s Flow Project, and water rights protection and opposition. 4.2.

Engineering Costs. Engineering costs in the amount of $1,680,000.00 were expended during the diligence period in connection with ACWWA’s Flow Project, to perform water rights modeling, exchange potential modeling, appropriation of new water rights, changes to existing water rights, water rights protection and opposition, and water rights accounting. 4.3. Additional Sources of Substitute Supplies. ACWWA has filed applications and obtained decrees in the cases listed below to increase the replacement supplies available under its augmentation plan decrees and facilitate increased diversions in the ACWWA/ECCV Well Field, to add additional storage facilities and recharge locations, and to add exchanges to aid in moving its replacement water to it places of beneficial use. 4.3.1. Case No. 10CW313 original application filed December 30, 2010; decree entered February 21, 2015. 4.3.2. Case No. 11CW151, original application filed August 31, 2011; decree entered November 26, 2018. 4.3.3.

Case No. 10CW312, application filed December 30, 2010; decree entered October 20, 2014. 4.3.4.

Case No. 12CW73, original application filed March 30, 2012; decree entered February 26, 2016.

4.3.5. Case No. 13CW3026, original application filed April 26, 2013; decree entered October 31, 2017. 4.3.6. Case No. 13CW3171, application filed December 30, 2013; decree entered June 20, 2017. 4.3.7. Case No. 16CW3195, application filed December 29, 2016; case currently pending. 4.3.8.

Case No. 16CW3200, application filed December 29, 2016; case currently pending. 4.3.9. Case No. 19CW3084, application filed May 15, 2019; case currently pending. 4.3.10. Case No. 20CW3117, application filed August 21, 2020; case currently pending. 4.4. Water System Development. During the diligence period, United, on behalf of ACWWA, has developed and acquired infrastructure for Phase II of the Water Supply Project, including but not limited to, mining United Reservoir No. 3; acquiring Milliken Reservoir in August 2015; completing construction of 70 Ranch Reservoir in July 2019; and securing easement deeds and agreements for structures necessary to deliver water to ACWWA. During this diligence period ACWWA has been working on Phase II of the ACWWA Flow Water Supply Project. This phase will allow ACWWA to deliver up to 5.25 million gallons of renewable water to customers each day, whereby reducing dependency on non-renewable wells. The second phase of this Water Supply Project included the expansion of the Northern Water Treatment RO Plant (2018-2020) and the North and South Booster Pump Stations (20182019), and construction of Deep Injection Well II (2018). Construction is still underway and is expected to be completed in 2020. The total estimated cost of the Phase II infrastructure is $60 million for an additional 10 million gallons of pumping and treatment capacity. The Booster Pump Stations are approximately $25 million and the NWTP Expansion is approximately $35 million.

ACWWA has purchased an additional 3 million gallons of capacity from these facilities, totaling about $18 million in capital expenditure. 4.5.

Substitute Water Supply Plans. During this dili-

gence period, ACWWA has filed joint substitute water supply plans (“SWSP”) with ECCV in order to use additional replacement supplies to replace out-of-priority depletions from the ACWWA/ECCV Well Field to facilitate the efficient operation of the Water Supply Project. SWSPs were filed in 2014 (approved April 15, 2015), 2015 (approved April 6, 2016), 2016 (approved May 19, 2017), 2017 (approved March 30, 2018), 2018 (approved March 27, 2019), and 2019 (approved April 6, 2020). 4.6. Protection of Water Rights. ACWWA has regularly monitored the filings of other water users. It has filed statements of opposition to and has incurred legal and engineering costs in connection with numerous cases to protect its water rights. Legal fees in the amount of $150,000.00 were expended during the diligence period in water rights protection and opposition on behalf of ACWWA for its Flow Project. 4.7. Opposition of Detrimental Legislation. ACWWA has been actively involved in opposing Colorado State legislation that would negatively impact the operation of its augmentation plans and exchanges. 4.8.

ACWWA continues to rely upon and develop the conditional water rights described herein and has no intent to abandon them. 5. Claim to Make Absolute. During this diligence period, ACWWA made a maximum of 444 acre-feet and 6.73 cfs absolute. Specifically, since the decree was entered in Case No. 09CW283, ACWWA has made absolute portions of the following exchanges: 5.1.

Exchange on August 2, 2016 from the Fulton Upper Augmentation Station to United Diversion Facility No. 3, at a rate of 2.91 cfs. 5.2. Exchange on June 20, 2018 from the Weldon Valley Ditch Central/ACWWA Augmentation Station to United Diversion Facility No. 3, at a rate of 4.35 cfs. 5.3.

Exchange on July 20, 2019 from the Weldon Valley Ditch Augmentation Station to United Diversion Facility No. 3, at a rate of 4.09 cfs. 5.4. Exchange on May 25, 2020 from Farmers Independent Ditch Lower Augmentation Station to United Diversion Facility No. 3, at a rate of 1.75 cfs. 5.5. Exchange on May 29, 2020 from the Farmers Independent Ditch Lower Augmentation Station to Milliken Reservoir, at a rate of 1.65 cfs. 5.6. Exchange on June 3, 2020 from Milliken Reservoir Outlet to United Diversion Facility No. 3, at a rate of 2.50 cfs. 5.7. Exchange on July 10, 2020 from the Weldon Valley Ditch Central/ACWWA Augmentation Station to Milliken Reservoir, at a rate of 2.28 cfs. See ACWWA’s Water Rights Accounting Summary, attached as Exhibit 4. 6. Names and addresses of owners of the land on which the structures are or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use. 6.1. Fort Morgan Canal. Fort Morgan Reservoir & irrigation Company, P.O. box 38, Fort Morgan, Colorado 80701.

6.2. Weldon Valley Ditch Augmentation Station.

Weldon Valley Ditch Company, P.O. Box 66, Weldona, Colorado 80653. 6.3. Weldon Valley Ditch Central/ACWWA Augmentation Station.

Central Colorado Water Conservancy District and the Groundwater Management Subdistrict of the Central Colorado Water Conservancy District, 3209 W. 28th Street, Greeley, Colorado, 80631; and Arapahoe County Water and Wastewater Authority, 13031 East Caley Avenue Centennial, Colorado 80111. 6.4. United Diversion Facility No.1. 70 Ranch, LLC, c/o Robert Lembke, 8301 E. Prentice Avenue, Greenwood Village, CO 80111. The land on which the Diversion Facility will be located is owned by Riverside, 221 E. Kiowa, Fort Morgan, Colorado, 80201 and the Colorado Division of Wildlife, 6060 Broadway, Denver, Colorado, 80216. 6.5. Lower Latham Ditch. Lower Latham Ditch Company, 8209 W. 20th Street, Suite A, Greeley, CO 80634. 6.6.

Western Mutual Ditch. Western Mutual Ditch Company, P.O. Box 282, LaSalle, Colorado, 80645. 6.7. Brownwood Station. Central Colorado Water Conservancy District, 3209 West 28th Street, Greeley, Colorado, 80634. 6.8. Farmers Independent Ditch. Farmers Independent Ditch Company, 2158 27th Avenue, Greeley, Colorado 80634. 6.9. St. Vrain Pipeline. United Water and Sanitation District, 8301 East Prentice Avenue, Suite 100, Greenwood Village, Colorado, 80111; Elverna Burchfield Trustee & Sherry Rose, 221 West Platte Avenue, Fort Morgan, Colorado, 80701; Public Service Company, d/b/a Xcel Energy, Inc., 1800 Larimer Street, Denver, Colorado, 80202-1414. 6.10. Milliken Reservoir. United Milliken Reservoir Enterprise, LLC, 8301 East Prentice Ave, Suite 100, Greenwood Village, Colorado 80111, and Scout Investments, LLC, whose address is the same. The Jay Thomas Diversion Dam and the land at the point of diversion for Milliken Reservoir are owned by Public Service Company, d/b/a Xcel Energy, Inc., 1800 Larimer Street, Denver, Colorado, 80202-1414.

6.11. Fulton Irrigating Ditch. Fulton Irrigating Ditch Company, 25 South 4th Avenue, Brighton, Colorado 80601. 6.12. United Diversion Facility No. 3.

United Water and Sanitation District, 8301 East Prentice Avenue, Suite 100, Greenwood Village, Colorado, 80111. 6.13. Burlington Ditch. Farmers Reservoir and Irrigation Company, 80 South 27th Avenue, Brighton, Colorado 80601. WHEREFORE, Applicants respectfully request that this Court enter an order finding that the following exchanges be made ABSOLUTE: (1) from the Fulton Upper Augmentation Station to United Diversion Facility No. 3, at a rate of 2.91 cfs; (2) from the Weldon Valley Ditch Central/ACWWA Augmentation Station to United Diversion Facility No. 3, at a rate of 4.35 cfs; (3) from the Weldon Valley Ditch Augmentation Station to United Diversion Facility No. 3, at a rate of 4.09 cfs; (4) from Farmers Independent Ditch Lower Augmentation Station to United Diversion Facility No. 3, at a rate of 1.75 cfs; (5) from the Farmers Independent Ditch Lower Augmentation Station to Milliken Reservoir, at a rate of 1.65 cfs; (6) from Milliken Reservoir Outlet to United Diversion Facility No. 3, at a rate of 2.50 cfs; and (7) from the Weldon Valley Ditch Central/ACWWA Augmentation Station to Milliken Reservoir, at a rate of 2.28 cfs; and the remaining portions continue as conditional. In the alternative, Applicants request a finding of reasonable diligence has been exercised in the development of the subject conditional rights of exchange. (17 pages, 4 exhibits) WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED THE WATER RIGHTS CLAIMED

BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE OR BE FOREVER BARRED. YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or an amended application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, a verified Statement of Opposition, setting forth facts as to why the application should not be granted, or why it should be granted only in part or on certain conditions. Such

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

Legal Notice No. 300761 First Publication: October 22, 2020 Last Publication: October 22, 2020 Publisher: Englewood Herald

Notice to Creditors Public Notice NOTICE TO CREDITORS Estate of Shelia C. Lehrburger, Deceased Case Number: 2020PR30986 All persons having claims against the abovenamed estate are required to present them to the Personal Representative or to the Arapahoe County, District Court, Colorado on or before February 15, 2021, or the claims may be forever barred.

Edwin R. Lehrburger, Personal Representative 1635 Hudson St. Denver, CO 80220 Legal Notice No. 300756 First Publication: October 15, 2020 Last Publication: October 29, 2020 Publisher: The Englewood Herald Public Notice NOTICE TO CREDITORS Estate of Joyce Eileen Swander, a/k/a Joyce Swander, a/k/a Joyce E. Swander, Deceased Case Number: 2020PR31018

All persons having claims against the above named estate are required to present them to the personal representative or to District Court of Arapahoe, County, Colorado on or before February 22, 2021, or the claims may be forever barred.

Nancy Harvey-Pratt, Personal Representative 16216 Lanceleaf Place Parker, Colorado 80134 Legal Notice No. 300759 First Publication: October 22, 2020 Last Publication: November 5, 2020 Publisher: The Englewood Herald Public Notice NOTICE TO CREDITORS Estate of Marilyn Joan Himmel, a/k/a Marilyn Himmel, Deceased Case Number: 2020PR30887

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 February 15, 2021, or the claims may be forever barred.

LeeAnn Marie Doherty, Personal Representative 45544 Keding Street Utica, MI 48317 Legal Notice No. 300723 First Publication: October 8, 2020 Last Publication: October 22, 2020 Publisher: The Englewood Herald Public Notice NOTICE TO CREDITORS Estate of Alice P. Adams, aka Alice Adams, Deceased Case Number: 2020 PR 31001

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 February 8, 2021, or the claims may be forever barred.

Kimberly L. Collins, Personal Representative c/o Katz, Look & Onorato, P.C. 1120 Lincoln Street, Suite 1100 Denver, Colorado 80203 Legal Notice No. 300720 First Publication: October 8, 2020 Last Publication: October 22, 2020 Publisher: The Englewood Herald Public Notice NOTICE TO CREDITORS Estate of TED DENNIS MILLER, AKA TED D. MILLER, AKA TED MILLER, Deceased Case Number: 2020PR031000

All persons having claims against the abovenamed estate are required to present them to the personal representative or to District Court of Arapahoe, Arapahoe County, Colorado on or before February 8, 2021, or the claims may be forever barred.

SARA BACHMAN, Atty. Reg. #: 50363 Attorney to the Personal Representative Bachman Law, LLC 140 E. Main Street PO Box 158 Naturita, CO 81422 Phone Number: 970-865-2440 E-mail: sara@bachmanlawllc.com Legal Notice No. 300725 First Publication: October 8, 2020 Last Publication: October 22, 2020 Publisher: The Englewood Herald ###

Englewood Legals 10.22.20 * 5

32 The Herald

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