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January 21, 2021

ADAMS & JEFFERSON COUNTY, COLORADO

A publication of

WestminsterWindow.com

VOLUME 76 | ISSUE 13

Ananda Birungi believes her own story, and so do others Thornton High School grad receives a 2020 Governor’s Citizenship Medal

Districts implement new quarantine and testing strategies as they return to hybrid learning

BY LIAM ADAMS LADAMS@COLORADOCOMMUNITYMEDIA.COM

Adjusting to life as a freshman at Harvard University has its own set of pressures. Add to that a surprise phone conversation with Gov. Jared Polis.

Yet two weeks after moving from Northglenn to Boston, Ananda Birungi sat in her dorm room and did exactly that.

“I didn’t even have that many words, I was just speechless,” Birungi said of her brief conversation with Polis.

On the other end of the line, the governor informed Birungi he was awarding her a 2020 Governor’s Citizenship Medal, the highest honor in the state. Her honor, the Emerging Community Leader medal, is one of eight. The recipients’ honor was featured in a Rocky Mountain PBS special that aired Jan. 13.

When Polis’ office initially reached out, Birungi thought it was a scam. It surprised her because she wasn’t aware someone nominated her for the honor. It was also surreal, she said.

“I came from a humble background, and I didn’t ever feel like I would go to Harvard,” she said. Or receive the medal, she added.

Yet the governor selected Birungi for her tireless work on issues such as educational access for young women of color during her time as a student at Thornton High School, where she graduated in May. Though Birungi still feels it’s surreal to receive the governor’s medal, it also makes sense upon reflecting on her accomplishments.

Birungi and her mom, dad and

Hopes high for second semester

BY LIAM ADAMS LADAMS@COLORADOCOMMUNITYMEDIA.COM

Then, at the end of her freshman year, the student government put on a pep assembly. There was nothing especially wowing about the event, Birungi just found the whole experience exciting.

School districts in Adams County are returning for their second semester with new optimism and plans.

Westminster Public Schools and Brighton’s 27J Schools returned to hybrid learning Jan. 11 and 12, respectively. Adams 14 in Commerce City and Adams 12 in Thornton plans to return Jan. 19 and 25, respectively.

The 14-day COVID-19 case incidence rates per 100,000 people, a key metric districts use to guide their decisions, in the Adams 12 area is 517 cases, according to recent TriCounty Health Department data. In Westminster, it’s 714 cases, 27J, it’s 621 cases, and in Adams 14, it’s 764 cases. Rates in the Adams 14 area actually led district officials to push back an earlier return to in-person learning.

In some districts, about the same number of students decided to enroll in either the online-only learning or hybrid learning as last semester.

Approximately 71 percent of Westminster’s students are learning in-person and 29 percent are online-only, Superintendent Pamela Swanson reported to the WPS Board of Education at a Jan. 12

SEE AWARD, P5

SEE SCHOOLS, P2

Ananda Birungi, who is a freshman at Harvard University and recent graduate of Thornton High School. She is the recipient of the Emerging Community Leader medal.

It is one of eight 2020 Governor’s Citizenship Medals, the highest honor in the state.

Gov. Jared Polis chose Birungi for the medal for her work, among other things, on isCOURTESY OF ANANDA BIRUNGI sues such as education access for young women of color.

two brothers emigrated from Mbarara, Uganda, to Northglenn in October 2016. The school year already started, making it all the more difficult for Birungi to get settled as a freshman at Thornton High.

“For the first time in my life, I actually saw myself as an outsider or different from other people,” she said. She was among the minority, not the majority anymore. She spoke with a thick accent, and people kept asking her to repeat herself.

“I just kind of isolated myself, I didn’t really try to get involved in school,” she said.

Meanwhile, the rest of her family was getting acclimated, financially

INSIDE: VOICES: PAGE 8 | LIFE: PAGE 10 | SPORTS: PAGE 15

and socially, to their new lives.

“In those days, we were like, `Why did we even move? We should have just stayed back home.’ It was so rough, honestly,” Birungi said.

Back in Mbarara, Birungi had a solid group of friends, and she was involved in several clubs at school.

The inverse was true in Northglenn and Thornton.

Junior and senior years

THE HEAT IS ON

Paying homage to green chile, the region’s favorite food P10

2

January 21, 2021J

Insurrection cuts deep at Westminster City Council meeting Residents, councilors discuss their feelings about Jan. 6 Capitol riot

BY LIAM ADAMS LADAMS@COLORADOCOMMUNITYMEDIA.COM

Though Westminster is thousands of miles away from Washington, D.C., a contentious Jan. 11 city council meeting showed how the Jan. 6 insurrection affected local communities.

Emotions ran high after City Clerk Michelle Parker replayed a voicemail from a resident that,she prefaced, contained profanity.

That led to a council discussion of how rioters laid siege on the U.S. Capitol.

“After the events that happened in Washington D.C. yesterday, I hope that it is crystal clear to all of you the danger, the imminent danger that the domestic terrorist, David DeMott, who sits on this city council poses to this city,” Charles Najjar’s voicemail played.

Najjar based his statements on a photo in which DeMott is wearing a hat displaying the logo of the Three Percenters, which the Southern Poverty Law Center says is part of the “anti-government militia movement.”

In November 2019, DeMott posted a photo of him wearing the hat on his public Facebook page. Multiple news outlets have reported the Three Percenters flag being at pro-

DeMott

Seitz

Smith

Trump protests in D.C. last week.

Najjar’s voicemail continued, referring to DeMott as a “seditionist,” “jerk” and said the councilman is, “a danger to the community.” Najjar also called out other councilors for allowing DeMott to remain on the council.

Later in the meeting, DeMott directly responded to Najjar.

“I’ve done a lot more research about that group since I had that hat,” DeMott said.

Since that photo was taken, he learned more about the group and said he doesn’t wear the hat anymore. The photo of him remains on his Facebook page as of noon Jan. 12. He also pushed back against accusations that he is racist.

DeMott said he supports President Trump and calls to investigate the 2020 election but doesn’t support last week’s violence.

“One thing I want to avoid is typecasting everybody who was in D.C. last week in that same realm.

There were a large amount of people who went there to peacefully protest,” DeMott said during the meeting.

Comments from other councilors were less heated but equally

direct.

“My blood ran cold at the images of a man carrying a Confederate battle flag within the building, proudly displaying an emblem inside the Capitol by those who sought to undermine the democratic process,” said Mayor Pro Tem Anita Seitz, “This reinforced mine and many others’ suspicions that this group of rioters, or more accurately domestic terrorists, are only committed to an American democracy that prioritizes white supremacy.”

Councilwoman Kathryn Skulley struck a similar tone, urging her colleagues to “...take a stand against the actions of these individuals who attacked our nation and specifically condemn racism, bigotry, prejudice and white supremacy.”

That led to a discussion about drafting an official council statement regarding the Jan. 6 insurrection to be publicly released.

Skulley wanted the statement to include an explicit welcoming of President-elect Joe Biden’s administration, as a direct rebuke to baseless claims of voter fraud in the recent General Election.

It was clear that not everyone agreed with that particular suggestion.

“What transpired (on Jan. 6) from a minority of people cannot and should not be an overall blan-

ket of thought to those who were peacefully assembling and to have their voices heard,” Councilor Lindsey Smith said.

Ultimately, all seven councilors agreed to draft an official statement that the city published Jan. 13: “We are sickened by these events and mourn the loss of life,” it read, “While acknowledging those individuals exercising their right to peacefully protest, we call for the accountability of those involved in this atrocity.”

The statement included much of what the councilors wanted it to, including a denunciation of white supremacist symbols at the insurrection. It didn’t include an explicit welcoming of Presidentelect Biden’s administration, but said, “We applaud the tenacity of our Congress, who reconvened to confirm the electoral win of our next president.”

In a similar spirit, Thornton City Council released its own official statement.

“We vigorously support the rule of law and the individuals involved in the insurrection should be prosecuted to the fullest extent possible,” it read, “This kind of violence has never and will never lead to lasting solutions. The Thornton City Council is committed to doing what we can to protect our democracy and respect our government institutions.”

SCHOOLS

quarantine at this time until we have updated guidance from TCHD to implement shorter quarantines.”

Also, Adams 12 plans to offer more saliva-based testing to students in quarantine who are symptomatic. Adams 12 and Westminster plan to launch a testing program that randomly selects students every few days, only if parents consent to it.

Meanwhile, there will be a new permanent testing site at Westminster High School Jan. 19, allowing staff, students and other community members to receive a test any day of the week.

Both Adams 12 and Westminster hope to participate in a state-directed program called Binax Testing that ships self-administered swab tests to peoples’ homes.

In addition to addressing health needs, Westminster’s board tackled an academic one at its Jan. 12 meeting by unanimously approving a resolution that asked the Colorado Department of Education to suspend standardized testing this year. While the resolution is a mere statement, state Sen. Rachel Zenzinger, a Democrat who represents Arvada and Westminster, said at Chalkbeat’s 2021 legislative preview that she plans to introduce legislation that would direct CDE to suspend testing this year.

“We are all for accountability and to know where our students are academically,” said Westminster Superintendent Pamela Swanson at the Jan. 12 meeting.

However, she added, “We need to spend every available moment that we have from now until the end of the school year making up for lost learning because of this pandemic.”

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meeting. Slightly more elementary students enrolled in in-person learning at 27J this semester, while middle and high schools saw slight decreases in in-person students.

With area districts moving to all virtual learning in November after a spike in cases, boards, staff and students are eager to return to the classroom.

“I’m really excited for it (in-person learning) and also, I just want to make sure that we’re keeping up with what we want to do,” said Kathy Plomer, president of the Adams 12 Board of Education, at a Jan. 13 meeting.

Plomer and her fellow directors welcomed news from Superintendent Chris Gdowski that the district will stick with its plan to return to hybrid learning Jan. 25.

Gdowski said the incidence rates in the Adams 12 area is in a “... positive place that would support productive, in-person schooling without too much disruption in quarantines.”

A reason for Gdowski’s confidence is that Adams 12 will implement new quarantining and testing strategies this semester. Per new guidance from state officials, a student or staff in a quarantined cohort can end the quarantine early if that person tests negative for COVID-19. A staff member can come out of quarantine seven days afterward and students can return 10 days after.

Meanwhile, 27J Schools spokesperson Tracy Rudnick said, “27J will continue to follow what TCHD refers to as the ‘gold standard’ for

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January 21, 2021J

Maiker aims for consistency as eviction worries mount

BY LIAM ADAMS LADAMS@COLORADOCOMMUNITYMEDIA.COM

While a federal decision to extend an eviction moratorium passed Dec. 31 offered much-needed relief, the lapse of a state moratorium and the federal moratorium’s pending deadline hasn’t eased anxiety about evictions, according to officials from Maiker Housing.

This is where Maiker Housing Partners, Adams County’s public housing agency, and other county agencies plan to step in, according to Peter LiFari, Maiker’s executive director. Maiker helped 930 households, or 2790 people, in 2020, and it hopes to do the same this year.

The state eviction moratorium, which plugged holes in the federal moratorium, lapsed after Dec. 31

when Gov. Jared Polis didn’t extend it. For example, the state order protected tenants who pay rent month-bymonth.

“The governor is LiFari trying to balance tremendous need and challenge. I would have preferred to see him extend his executive order,” LiFari said. State officials can decide to reinstate the moratorium, though.

Complications with the moratoriums add to the larger issue of peoples’ ability to pay rent. In October, Maiker closed its rental assistance application queue after a pile-up of applications. Per-month applications rose to 450, with an average wait time of four weeks, Drew

O’Connor, Maiker’s deputy director told the Northglenn City Council at a Dec. 31 meeting.

“We couldn’t meet the demand that was needed in the queue. The team was moving as fast as they could, but we had so man. There was so much need in the community,” O’Connor said.

Despite that, Maiker provided $4,399 in rental assistance per household in 2020, according to data from Maiker.

The money came from federal Coronavirus Aid, Relief, and Economic Security (CARES) Act money that Adams County, Northglenn, Federal Heights, Commerce City, Westminster and Thornton allocated to Maiker.

Of those who have received support, 43 percent are Caucasian, 10

percent are black, 10 percent are multiple races and 23 percent chose not to respond. Forty-seven percent identify as Hispanic or Latino.

LiFari and O’Connor both said that the new federal stimulus package will help, but only so much.

Much of the federal funding will be for rental assistance.

Meanwhile, LiFari highlighted Adams County’s partnership with Colorado Legal Services for residents at risk of eviction. Residents can apply for funding from the county to help them afford legal representation.

With legal representation, tenants can reach better agreements with landlords, whether that’s wiping an eviction from someone’s housing record, preventing eviction, or developing an agreeable repayment period.

For principal, move to Eagle Ridge was the right choice

BY STEVE SMITH SSMITH@COLORADOCOMMUNITYMEDIA.COM

The new principal/head of school at Eagle Ridge Academy in Brighton — and former administrator at Stargate School in Thornton — wasn’t looking to make a job change.

Scott Richardson and his family recently moved to Brighton.

“And the job opening was presented to me by a colleague shortly after our move,” he said. “They encouraged me to apply multiple times.

After discussing it with my wife and

a few mentors, I decided to take a chance and apply.”

Richardson replaces Mary Nell Stringer, who retired at the end of the Richardson school year.

“I already knew a bit about Eagle Ridge from previous interactions with students and staff,” Richardson said. “In my previous role, I interacted with several of the coaches and students during extracurricular activities between former schools and Eagle Ridge.”

He took something from those experiences.

“What I noticed was the relationships that existed between students and staff and how hard the staff works to ensure student success,” Richardson said. “I also witnessed high expectations and a continual desire to get better. Throughout the interview process, this became more and more evident as I met with staff, students, parents and the board.

“Everyone was welcoming and truly there to make sure the school didn’t just stay afloat but thrived,”

he said. “As I started to conduct individual meetings with staff members and interact with our admin team, counseling team and front office staff, I knew I had made the right choice.”

From coaching to administration

Richardson started his education career as a social studies teacher and coach in Texas. His wife was born in Colorado, which prompted the decision for his young family to move to Colorado. His first job in the SEE PRINCIPAL, P5

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1January 21, 2021

AWARD FROM PAGE 1

“It was the first time I felt like I was part of the Thornton High School community,” Birungi recalls.

She joined student government sophomore year, but she was still halfway in her shell. Then, at the end of sophomore year, she applied to a program with Access Opportunity, a Boulder-based nonprofit focused on education access for lowincome students. Students in the Access program participate for six years — from junior year of high school to the end of undergraduate

PRINCIPAL FROM PAGE 4

state was as a social studies teacher in the Denver Public Schools. He also spent time as an assistant principal/athletic directors at Weld Central High School and in at Stargate School in Thornton.

“I actually had aspirations of becoming a college track coach and eventually an athletic director,” he said. “I competed in track and field at the collegiate level (hammer throw and discus) and still have a passion for track to this day. I was a graduate assistant coach at Baylor University and loved it.”

His first job offer was to be a coach for the shot put and discus athletes at Hardin Simmons University. The salary of $9,000 wasn’t enough to

college — and they receive assistance during the college admission process, a scholarship and guidance while in college.

At the start of junior year, Birungi was part of two clubs. Then, she started a local chapter of Girl Up at Thornton High, which raises awareness and funds for educational opportunities for young women across the world. Birungi also became president of the French club and joined the Colorado Youth Advisory Council. She took charge of the student government’s Thanksgiving food drive that year,and Girl Up joined with other clubs to fundraise for a student in Guatemala to finish his high school education. support a family. A mentor of his gave him the chance to see what athletic administration looked like.

“I realized that ADs at the university level are gone all the time — yet another blow to the dream of having a family,” Richardson said. “With the lack of family time and trying to wrap my head around the lack of financial stability, I realized that what I had really enjoyed as a coach was teaching my athletes and watching them get better. This drove me to get my teaching certificate and enter the K-12 ranks. I found that same excitement and fun in the classroom setting.”

Richardson didn’t intend becoming an administrator at first.

“I had a mentor teacher that was going through his admin licensure courses that encouraged me to start mine as well,” he said. “His advice was to get it done early and that it

By senior year, Birungi realized she was stretched thin. She lessened her commitment in some areas and deepened it in others. She spearheaded a research project for Access that surveyed Access participants in college. From the findings, Access launched a new program that lets second-year college students who are part of Access mentor first-year college students.

Meanwhile, Birungi served as student body vice president at Thornton High.

The college question

Though it seemed she had it all figured out, the biggest question mark lingered: college.

“It is the very reason that my famwas always nice to have if you ever found yourself in that situation. I also bounced this off of my Dad, who I tend to run all of life’s big choices by. My Dad stressed that the more education and certifications you have, the better off you will be as it opens up doors for opportunity.”

Post COVID planning

His first goal at ERA is one that’s familiar all over the United States – to get through COVID. And he also knows school administration decisions won’t make everyone happy.

“I want to keep our students and staff at the forefront of every decision we make,” he said. “It goes back to that family mentality and keeping that as a priority.”

He wants to push the students to become “the absolute best college prep school in the nation while

ily decided to emigrate and face all the challenges we did,” she said.

Yet she needed an institution to pay 100 percent of her tuition, or close to it. Lo and behold, in December 2019, Harvard sent her an acceptance letter and said it could pay almost all of her tuition.

It all sounds like a fairytale. It wasn’t magic, though. Birungi remembers the pain she felt those first few years just as vividly she does the joys of junior and senior year. She’s where she is today because of the initiative she took those years back. Through it all, she said the major lesson she learned was, “You just have to believe in your story, because it is more powerful than you believe.” keeping that family mentality.”

“Les Brown probably said it best.

‘Shoot for the moon. Even if you miss it you will land among the stars.’” Richardson said. “I’d like to see us build a home facility for our soccer teams and improve the facilities for all of our students and staff.

I want them to view ERA as a home away from home.”

Richardson began his new job with the pandemic and described the year as a “rollercoaster ride.”

“But there have been supports all throughout this process,” Richardson said. “Our board of directors has been extremely thoughtful and supportive. Dr. Fiedler (district Superintendent Chris Fiedler) and the district office team are always available and ready to help. Fellow principals around the district are all willing to share ideas and thoughts.”

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January 21, 2021J

No ‘magical number’ for herd immunity Even with arrival of vaccine, there are many factors to consider

BY JOHN INGOLD THE COLORADO SUN

On Jan. 13, Colorado officially crossed the 209,000 mark for the number of people who have received at least one dose of coronavirus vaccine — meaning that more than 3 percent of the state’s population is now on its way to immunity through inoculation.

But how much further do we still have to go?

The launch of the vaccination campaign reignites questions about what it means to reach “herd immunity” in the state, that glorious threshold shrouded in the mind’s eye in a magical fog, for beyond that point lies normalcy. More technically, once enough people in a community are immune from a virus to reach herd immunity, the virus can’t find enough susceptible people to jump into and the local epidemic begins to die out.

There’s a problem with this clean, perfect image of herd immunity, though. It is, alas, not quite as simple as it seems.

“There is not a magical number,” said Dr. Lisa Miller, an epidemiologist and a professor at the Colorado School of Public Health.

Miller, with more than 20 years

working in public health, knows this problem well. She previously worked at the Colorado Department of Public Health and Environment as the head of the communicable disease branch and as the state epidemiologist.

“I think it’s easier to think of it as a range of numbers,” she said. “This really isn’t an exact number.”

And even that range of numbers is difficult to pin down with a virus as new and evolving as the SARS-CoV-2 coronavirus, the cause of the COVID-19 pandemic. There’s a bunch of different factors to consider.

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The magic formula

Herd immunity is a complicated concept, but it’s also just a pretty simple formula. To calculate the percentage of people who need to be immune from a virus in order to reach herd immunity, all you have to know is the virus’s basic reproduction number — its R0 (pronounced R-naught). The number represents the average number of people that each infected person will pass the virus to.

Once you know that, calculating herd immunity is something any schoolkid could do, using the formula. Here it is: 1 - (1 ÷ R0) Divide 1 by the R0 value, then subtract the result from 1. If your R0 is a terrifyingly high 18 (which it can be with measles), then the herd immunity threshold is 94%. If R0 is 2 — something more akin to a slowspreading common cold — the herd

Joe Kmeck, 70, of Erie, is the first to get his vaccine Jan. 13 at Centura Health’s Church Ranch Neighborhood Health Center in Westminster. The health care group PHOTO BY SCOTT TAYLOR hoped to vaccinate 89 more seniors before 9 p.m. that day.

immunity threshold is 50%.

It’s also important to note that R0 is separate from the severity of the virus. Some fearsome viruses, like ebola, have low R0 values.

Number isn’t stable

This is where we run into the first pothole on the way to herd immunity nirvana, though. R0 isn’t a fixed number for any virus.

“There is no one exact number for R0,” Miller said. “That can vary depending on the population, depending on the virus.”

And the R0 for the SARS-CoV-2 coronavirus is especially uncertain.

Some estimates come in as low as 2.

Some are as high as almost 6.

Miller said most studies are pegSEE IMMUNITY, P7

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7

1January 21, 2021

IMMUNITY

transmissible coronavirus would require a community to have greater levels of immunity before it clears the bar.

FROM PAGE 6

ging the R0 for the coronavirus between 3 and 5. That means the herd immunity threshold is between 67 percent and 80 percent.

(Quick side note: We’re talking about the natural reproduction number here — how the virus would spread in a population with no immunity if we did nothing to stop it. Researchers in Colorado are also trying to estimate the effective reproduction number, which is how the virus is spreading now after taking into consideration everything we’re doing to slow it down, such as mask-wearing and social distancing. The latest estimates place the effective reproduction number in the state at 0.7, meaning the virus is in decline for now.)

Viruses can mutate

Even if we think we have a good handle on the R0 for SARS-CoV-2, that doesn’t mean it will stay put.

The newly discovered variant of the virus first identified in the U.K. is a good example of this. Researchers estimate that the variant may be as much as 70 percent more transmissible. The researchers arrived at these estimates by looking at rates of spread during periods of high levels of social distancing in England, and warned that “extrapolation to other transmission contexts therefore requires caution.”

So it’s not clear what the new variant’s R0 might be or, in turn, how much that would impact the herd immunity threshold. But a more

All populations are different

The concept of one, simple herd immunity number rests on a bit of a fallacy. It imagines that, in a large state like Colorado, everyone just mixes randomly like pingpong balls in a lotto drawing.

But Miller said that is obviously not the way society works.

“These are really theoretical measures,” she said.

So it is entirely possible that Colorado could reach an 80 percent overall vaccination rate against the coronavirus and still have large pockets of the population that are prone to outbreaks. This is the scenario that public health leaders have been warning about for years with diseases like measles.

Different communities within the state will also have different herd immunity thresholds. That is because R0 for the virus will be different depending on how populations interact. Dense communities where people live closer together, giving the virus a better chance of spreading, will have a higher herd immunity thresholds. Less dense communities will have lower ones.

As a piece published in 2019 in the journal Emerging Infectious Diseases put it: “Because R0 is a function of the effective contact rate, the value of R0 is a function of human social behavior and organization, as well as the innate biological characteristics of particular pathogens.”

How good is the vaccine?

Now let’s talk about what it means to be immune. It’s not the same thing as being vaccinated.

Miller said no vaccine is perfect.

Even the best don’t work for 100 percent of the people who receive them.

The current coronavirus vaccines, made by Pfizer and Moderna, put up mind-blowingly-good efficacy numbers in clinical trials — both around 95 percent. When one of the key researchers who helped develop the vaccines heard those results, he reportedly sat down at his desk in his home office and wept.

A really good vaccine makes herd immunity a lot easier. It means that more of those who have been vaccinated are also immune, allowing them to count toward reaching the threshold, something Gov. Jared Polis noted in December.

“The pandemic aspect of it is over once a sufficient number of people have been vaccinated,” Polis said.

“I’ll leave that to the scientists to say whether that is 50 percent or 70 percent or 80 percent, but it’s a lot lower percentage of people before the pandemic is over at 94% efficacy than it would be if the vaccine were only 60 or 70 percent effective.”

Real world is test

Miller cautioned that efficacy and effectiveness are two different concepts in the public health world.

Efficacy is what happens in a study, when everything is done as by-thebook as possible. Effectiveness is what happens in the grime and grind of the real world.

We don’t yet know what the effectiveness of the coronavirus vaccines is.

Miller said this probably isn’t a

huge deal with the current vaccines.

As long as they keep their real-world effectiveness near their clinical trial numbers, the population of vaccinated-but-not-immune people won’t be large enough to make much of a difference.

But this analysis changes if future vaccines aren’t as successful.

Preliminary data for the vaccine made by AstraZeneca — one of the next up in the pipeline — showed it to have 70 percent efficacy, on average. That’s low enough that it could impact herd immunity calculations.

“In that case,” Miller said, “it might be useful to understand if it changes this range we’re talking about.”

Infection immunity unclear

There’s another way people could potentially be added to a herd immunity calculation, and it’s a crude one: by gaining immunity the oldfashioned way through infection.

In the race between virus and vaccine in Colorado right now, the virus is way out in front. The latest modeling estimates project that more than 1.3 million Coloradans have been infected with the coronavirus. That’s nearly a quarter of the state.

But there’s no consensus on whether those people should count when thinking about the state’s herd immunity threshold. Many people who have been infected develop at least short-term immunity — and maybe longer-term, as well.

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

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8

LOCAL

January 21, 2021J

VOICES

A nation wonders what Inauguration Day will bring

I

t was so predictable. You knew something out of the ordinary would play out. He couldn’t let President-elect Biden have the limelight in the CROSS lead-up to the inauCURRENTS guration. Plus, you had this “gut-feeling” that he would continue to stir up his loyal following to the end.

But who would have imagined the siege on the Capitol and the subsequent Bill Christopher reactions and consequences? There were Cabinet members and highranking staff members resigning in protest and to simply “get the hell out of there.” There was the backlash among Republicans criticizing the President for inciting a riot on the Capitol.

There was the attempt to put Vice President Pence in charge using Amendment 25 which went nowhere.

Then the Democrats, with a few Republicans, voted to impeach the president. Then Mr. Trump warned of the anger and repercussions by his followers which would occur with a second impeachment.

Threats of attacks on all 50 state

B

capitols and another attack on federal property on Inauguration Day were revealed by federal law enforcement officials.

And all the while, the president showed not one iota of contrition.

What will Jan. 20 bring? We hold our breath

I am writing this column one week before the Inauguration of Mr. Biden. Like so many other Americans, I am fearful of what will transpire on Jan. 20.

We have already been shocked, angered and disappointed by the actions of Mr. Trump’s followers.

Will there be orderly protests? Will there be riots, mayhem and destruction? Certainly, guns will be involved, but will people be injured or killed?

Will law enforcement and security be ready this time to protect and put down any insurrection?

Will President-Elect Biden and Vice President-Elect Harris be safe, and will the Inauguration be accomplished? Will Americans be safe? Our democracy hangs in the balance.

If a wide-scale insurrection does take place, it must be put down. Otherwise, the rebellious faction takes control, and there could be anarchy.

We must defend our democracy and Mr. Trump simply needs to go to Florida.

Furthermore, the future of the Republican Party hangs in the balance. Trump will continue to control the Republican Party if the powers that be continue to defer to him. It could well come to true Republicans either ousting Trump from the party or leaving to form a conservative party without the Trumpism. Time will tell.

‘Orange’ designation by the governor was critically timed

Thank you, Gov. Polis, for your surprise announcement three weeks ago and for rolling back the 33 counties that had been designated “red” on the COVID wheel to “orange.”

The importance of this action is huge. In fact, it could be the lifesaving rescue that restaurants have been seeking ever since their inside dining was shut down back in November.

Granted, it isn’t everything they want or need, but it’s a start again.

Now, they will be able to continue doing take-out orders plus operate inside at 25 percent of their capacity or 50 customers, whichever is less.

Was his announcement politically inspired or data-driven, as he references so often?

Certainly, COVID cases have been in a pretty steady decline, except for

a short spike. The number of hospitalized COVID patients in Colorado have consistently been on the decline.

On the other hand, most red counties, like Adams County, have not even come close to the recommended 5 percent positivrty rate. As of Jan. 6, Adams County’s rate was 10.8 percent, Arapahoe County was at 6.9 percent, and Jefferson County was 6.1 percent.

So, again, I ask, was his decision political in nature given the severe impact on restaurants being shut down to inside dining or was his actions justified from a data-driven perspective?

Adams County and cities need to step up

Don’t take my comments the wrong way regarding the governor’s decisions: I favor reopening restaurants to allowing indoor customers. I understand the severe impact of the loss of income and having to let staff go.

However, I am not sure that I would have used an across-the-board approach in changing all 33 “red” counties in a single swoop as the governor did.

While I am on this topic, I still SEE CHRISTOPHER, P9

Animal adoption agencies seeing a doggone frenzy

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

Average per-person daily intake of calories QUIET from sugar?

DESPERATION Trips to the liquor store?

Pet adoption?

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

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

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

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

According to the Better Business

A publication of

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

At times, humans are an industriously evil lot.

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

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

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

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

I can’t think of anything better than spending the day with Harry. I’d take him over Audrey Hepburn. And that would have been true before “social distancing.”

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

and mesmerized, revolted, saddened and disgusted.

Harry?

Harry came to me with a leash in his mouth.

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

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

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

Dog ownership isn’t what it once was.

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

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

Although Hexe, my boyhood dachshund, was loved, she was treated very differently than I treat Harry.

Dogs were, well, dogs back then. Now they are important members of the

family.

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

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

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

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

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

Please: Do your homework.

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

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

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9

1January 21, 2021

The grand illusion in the land of confusion WINNING WORDS

Michael Norton

M

usic just seems to have a way of connecting us with feelings of inspiration, motivation, adventure, romance, sorrow, and love. We can remember where we were the first time we heard those songs, the people or person that we were with and how we experienced the mus Dating myself here as I share that I am a little stuck in the ‘70s and early ‘80s when it comes to my preferred genre of music.

My playlists for working out, walking, or skiing are a collection of my favorite songs from that era. This week, as I was listening to one of my playlists, I found the irony and prophetic wisdom in a couple of the songs that made it into my mix. The first was Styx, “The Grand Illusion,” and the song that followed was Genesis, “Land of Confusion.” I asked myself: “Irony or prophecy?”

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

It made me think of everything that has been going on in our country. The points of view, posts, political speeches, censorship and what the news covers and does not cover. And just how serious of a situation we are in no matter what side we fall out on. And in the situations that we are finding ourselves in could well be described as

CHRISTOPHER FROM PAGE 8

would urge the Adams County commissioners and municipalities in the county to pursue getting restaurants qualified for the 5 Star program by helping in funding enhanced ventilation and other necessities. This program would give restaurants a bit of breathing room, assuming they achieved this designation should the governor or county health agencies decide again to go back to a more stringent setting on the COVID wheel.

Also, it would play an important part for 5 Star restaurants to work toward the “yellow” designation which allows 50 percent capacity occupancy.

In the Denver metro area, Adams County and the city and county of Denve are the only counties that do not have the 5 Star designation. Let’s make Adams County more competitive and help restaurants, gyms and offices expand the use of their capacity.

Entertainment venues get a positive nod

After the governor’s action on rolling back Red counties to orange, he has now opened movie theaters, museums and stages. It has been almost ten months since such entertainment venues were closed with the initial reaction to the COVID virus.

It is good to see them open again, but everyone will need to adhere to the rules and the theatre management will need to enforce them.

The governor’s ruling allows 40 percent of the theater seating capacity or 50 people, whichever is less to be the seating capacity. In the case of live entertainment venues, they are allowed to rehearse or perform but without any audience for now.

It is past time to return to the council chambers

Since the governor’s “orange”

the grand illusion that appears in our news and social media each day. Are we believing in the magic of the spin doctors on all sides and at every level, so much so, that we cannot determine what is real?

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

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

For those of us not caught up in the mania that is taking place, we wonder how we should respond, what can we do, how do we live, work, and play amidst the illusion and confusion? Here is the answer, just as we have seen magic shows and magicians live or on television, and then we get to see

declaration allows indoor events to operate at reduced occupancy, this brings up the continued practice of city council meetings and study sessions being exclusively conducted virtually. Such a practice is less than effective for the public to interact and communicate with the city council and city administration in a public meeting.

The virtual approach is quite comfortable for city managers, key staff, mayors and council members to be cozy at home without the public being able to truly see the whites of their eyes.

The dynamics and interactions are quite muted under the virtual format. Given the allowed 25 percent or 50 seating capacity for “indoor events,” city governments should return to open face-to-face council meetings and study sessions. The time has come; no actually it is past time.

The mechanics and seating arrangement could be achieved in compliance with the COVID virus requirements. City halls and council meetings truly belong to the people, and it is past time for the reopening of these facilities and meetings. City councils and their top management must stand accountable on this issue.

Certainly, this lack of attention to addressing people’s desires will be heard and raised by the public in the soon-to-be launched mayoral and city council election campaigns.

With Westminster Mayor (Herb) Atchison a lame duck, we will skip over him, but for Seitz, Skulley and Voelz -- where do you stand on this issue of opening up city hall and council meetings to allow the public back in? The public would like to know.

Bill Christopher is a former Westminster city manager and RTD board member. His opinions are not necessarily those of Colorado Community Media. You can contact him at bcjayhawk68@gmail.com.

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

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

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

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

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10

January 21, 2021J

LOCAL

LIFE

WORD ON THE HEAT

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

BY BOB WOOLEY BWOOLEY@COLORADOCOMMUNITYMEDIA.COM

H

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

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

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

An employee working the Santiago’s take-out window smiles for the camera in BrighPHOTOS BY BOB WOOLEY ton.

with the Mirasol, or Mosco chile, aka the Pueblo chile, grown in, you guessed it, Pueblo.

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

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

Rickart comes from a Greeley family farm that goes back three generations. Pumpkins are the big cash crop at Tigges Farm, but if she has her way, Northern Colorado SEE CHILE, P11

Tommyknockers Green Chile Lager in a Lakewood retailer.

The power of Wood.Works at the Arvada Center COMING ATTRACTIONS

Clarke Reader

W

ood has proven to be one of the most reliable and dynamic materials humanity has made use of over the centuries. It has been employed to make everything from weapons and transportation to shelter and - as the Arvada Center highlights in its newest exhibits - art.

“In our research we found that the oldest wooden sculpture - the Shigir Idol - is about 11,000 years old, which is around when the human race was coming out the ice age,” said Collin Parson, director of galleries and curator. “Wood is a lot like paper - a creative development used to record the stories of

history.”

Wood.Works and Carley Warren: Three Pieces both run through April 25 at the Center, 6901 Wadsworth Blvd. The galleries are open from 11 a.m. to 7 p.m.

Monday through Friday, 10 a.m. to 4 p.m. on Saturday and noon to 4 p.m. on Sunday. To allow for physical distancing and capacity monitoring, an advance free reservation is recommended.

Wood.Works is a follow up to 2017’s Paper.

Works exhibit, and Parson said the center is already considering ways to continue to explore material-themed shows in future exhibits. It is housed in the Main and Upper

galleries and features 24 regional artists who use wood as their main medium.

“We have large installations, elegant sculptures and detailed wood reliefs,” Parsson added. “We’ve created a kind of forest in the galleries with artists exploring their fascination with wood.”

To compliment the Wood.Works exhibit is Carley Warren: Three Pieces in the smaller Theatre Gallery. According to provided information, Warren has been creating art with wood for about 50 years, and in this exhibit she’s creating with a set of self-imSEE READER, P11

11

1January 21, 2021

CHILE FROM PAGE 10

will, some day, compete with Pueblo for green chile glory — maybe even with Hatch. Rickart, with a background in 4-H education, developed her love of the green chile while spending seven years living and working in Bernalillo County, New Mexico. Her brother, Kenneth Tigges, was running the family farm at that point — growing chiles without much local demand, when a neighbor told him he needed to start roasting them onsite, which was a game-changer.

In 2008, Rickart’s mother passed away. At that time, Rickart, her sister, Gale, and her brother officially took over the farm. They planted 5,000 chile plants that year. They’ve since quadrupled that number, and Rickart has sought out every bit of knowledge about green chiles she can find. Last year, even amid the COVID-19 pandemic, which she said gave them their share of difficulties, her farm sold out of chiles, Sahuaro by name, completely. The season is shorter up north than in the warmer climes of New Mexico, so don’t dawdle if you aim to try a Greeley chile in the fall.

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

The fabled Santiago’s

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

Her mother’s green chile recipe put the restaurant on the metro area’s culinary map 30 years ago. Now, with more than 28 locations, Santi-

READER FROM PAGE 10

posed rules: three consistent shapes can be used and each connection between the pieces must be made at a straight angle.

“Between the two exhibits people will get a broad understanding of the range of the material - one of most important to humans,” Parson said. “I hope people who come to the exhibit will see the limitless possibilities of using wood, and those more familiar with the material will have their eyes opened and curiosity sparked.”

For more information and to make reservations, visit https://arvadacenter.org/events/woodworks.

Carne y Arena brings refugee stories to vivid life

It is one thing to experience a story on a screen or the page but being fully immersed in one provides a whole new perspective. That’s what Carne y Arena (Virtually Present, Physically Invisible) — a virtualreality installation from Oscar-winning director Alejandro G. Iñárritu - offers to visitors at Stanley Marketplace, 2501 N. Dallas St. in Aurora, through Saturday, Jan. 30.

The 20-minute exhibit brings guests up close to the stories of immigrants and refugees fleeing the violence and threatening conditions of their hometowns who seek asylum in the United States. It uses

The original Santiago’s location in Brighton.

PHOTO BY BELEN WARD

Kathy Rickart, Kenneth Tigges and Gale Loeffler of Tigges Farm COURTESY OF KATHY RICKART in Greeley.

ago’s is virtually synonymous with breakfast burritos. But the green chile, she said, still reigns supreme.

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

“My dad had to have green chile at every meal or he would refuse to eat,” she said. “To him, it wasn’t really a meal without it.”

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

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

Santiago’s gets all of those green chiles from Salem, New Mexico, not the storied Hatch. Morales says the

farm they buy from is the only one they’ve found capable of producing what her restaurants need.

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

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

Brewmaster Steve Indrehus has been there the entire time, creating beer with hints of chocolate, pumpkin and citrus, but a mainstay, and the No. 2 seller in the lineup, is their Green Chile Lager. Other breweries make chile brews too, but Indrehus thinks drinkability is what sets Tommyknocker’s apart from the rest.

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

“Ours has green chile flavor and warmth, but it’s drinkable. We want people to drink one and want another, not get burned up by too

cutting edge technology to guide guests through the harrowing trials and tribulations of refugees’ journeys to gain freedom and safety for themselves and their families. Most affecting of all, the stories are based on real experiences.

Carne y Arena premiered at the 70th Cannes Film Festival as the first virtual reality project to be featured in the festival’s history. Secure a ticket at www.stanleymarketplace. com/happenings/carne-y-arena.

(both past and present) and then there’s Audrey Hepburn. There’s a reason her name has taken on a meaning unto itself - one that speaks of elegance, timeless beauty and an irrepressible warmth that infuses everything. The adoration so many have for Hepburn is all over the new documentary, “Audrey: More Than an Icon.”

The film traces Hepburn’s journey from war-torn Europe to the pinnacle of Hollywood, and then all over the world as an UNICEF ambassador. The documentary wisely spends as much time exploring her personality and guiding philosophies as it does on her

Clarke’s Concert of the Week - Jeff Tweedy from Constellation

As the lead figure in Uncle Tupelo and Wilco, Jeff Tweedy is responsible for some of the best alt-country/ rock of the last more than 20 years.

In the last decade or so, he’s taken to making solo albums, often getting quieter and more experimental than he would with the band.

His most recent album, 2020’s “Love is The King,” is perhaps his loveliest yet and is received a physical release on Jan. 15. To celebrate, Tweedy will be performing live from Constellation in Chicago with his local bandmates: Spencer and Sammy Tweedy, Liam Kazar, Sima Cunningham and James Elkington. The livestream will begin at 7 p.m. and includes a live question and answer portion.

Visit www.bandsintown.com to get a ticket.

Streaming style - ‘Audrey: More Than an Icon’

To my mind, there are movie stars

much spice, too much alcohol — everything comes together to make a really nice balanced beer.”

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

Scented, not spicy

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

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

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

Several stores in the metro area stock Hatch Green Chile Wine, if you’re so inclined. fashion sense or ability to light up the screen. What emerges certainly isn’t the complete portrait of Hepburn - she was notoriously private about certain areas of her life - but it provides a window into a woman who was far more complex, indomitable and loving than most could imagine.

There will never be another like Audrey Hepburn — watch this film to on services like Vudu and Amazon to see why.

Clarke Reader’s column on culture apears on a weekly basis. He can be reached at Clarke.Reader@hotmail. com.

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January 21, 2021J

Commissioners swear their oaths STAFF REPORT

T

he 2021 Adams County Commissioners were seated Jan. 12 in a sparse and socially-distanced inauguration ceremony at the county building in Brighton.

Commissioners Chaz Tedesco and Eva Henry were re-elected in November and began their final four-year term. Both commissioners have reached their term limits.

They were joined by Lynn Baca, who begins her first term in the seat.

The three join sitting commissioners Emma Pinter and Steve O’Dorisio.

Newly elected 17th Judicial District Attorney Brian Mason also took his oath of office at the ceremony. The 17th district includes Adams and Broomfield counties.

Commissioner Eva Henry swears her oath of office Jan. 12 in the Adams County building in Brighton while surrounded by family. The oath was performed by 17th Judicial District Chief Judge Don Quick. The virtual inauguration was socially distanced PHOTOS COURTESY OF ADAMS COUNTY and shown via the Zoom networking platform.

Newly elected Commissioner Lynn Baca takes the oath for her Adams County Commission seat from Chief Judge Don Quick while members of her family standing nearby.

District 17 Chief Judge Don Quick reads the oath of office to reelected Adams County Commissioner Charles “Chaz” Tedesco alongside his family Jan. 12 in the Adams County Building Brighton.

District Attorney Brian Mason takes the oath with his family beside him Jan. 12 from Chief Judge Don Quick.

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1January 21, 2021

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LOCAL

January 21, 2021

SPORTS

Wrestling back on the mat — with recommendations

BY STEVE SMITH SSMITH@COLORADOCOMMUNITYMEDIA.COM

Prep wrestling for boys and girls will be a part of the so-called “Season B” of interscholastic athletics for some, but not all Colorado High Schools.

The Colorado High School Activities Association received a waiver from state health officials earlier this month.

As of late last week, Brighton, Fort Lupton, Prairie View, Adams City and Riverdale Ridge high schools were planning to field teams.

Clear Creek and Skyview high schools, among others, won’t field teams. In Clear Creek’s case, it’s just the wrestling program. In Skyview’s case, the Wolverines won’t field any of the sports (boys and girls basketball plus wrestling) this winter.

Two of the last areas to get the OK for a wrestling season were the Boulder Valley and St. Vrain school districts.

That happened less than two weeks before the season can begin. Frederick High School is in the St. Vrain District.

The OK comes with caution on the part of state and local health department officials. A letter from the Metro Denver Partnership for Health to CHSAA went so far as to recommend delaying the wrestling season until later in the semester.

One of the authors is Dr. John M. Douglas, executive director of the TriCounty Health Department.

“We have significant concerns about

the exposure risk this creates for wrestlers due to the sport’s high degree of person-to-person contact and the increased exhalation while in close contact and with unmasked faces,” according to the letter. “Increased risk of transmission among these athletes not only threatens their health but the potential for schools to continue in-person learning.”

CHSAA will not force wrestlers to wear masks during bouts.

The letter offered up other recommendations for the coming season. They included: • Promote the use of the Binax Home test. “Test all wrestlers regularly as well as prior to competitions, looking to the practices and experiences of other team sporting organizations implementing routine testing approaches,” the letter said; • Require all wrestlers to attend classes 100 percent remotely through the semester or until 14 days after the last bout at the end of the wrestling season; and • Work together to identify a masking system that could work with wrestling and not increase safety issues with wrestlers themselves, including identifying options and promising practices from other states.

The MDPH letter also expressed similar concerns for cheer and spirit teams, though less so than wrestling teams.

SEE WRESTLING, P16

Brighton High School wrestler Kenny Sailas celebrates his state wrestling title FILE PHOTO BY JONATHAN MANESS at Pepsi Center in February.

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January 21, 2021J

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

Sports Briefs Coillege football

Horizon High School football playerAidan Buzard verbally committed to attend the University of Puget Sound by way of Facebook.

The free safety averaged almost 4.5 tackles per game for the Hawks in their abbreviated season this fall.

Name change

Brighton Youth Baseball Association has a new name, effective this year.

It’s now the Brighton Youth Baseball Softball Association. The organization launched a softball program five years ago in a partnership with the city of Brighton.

BYSBA also manages operations of the North Thornton Baseball and Softball Association.

Prep football

The Colorado High School Activities Association’s football committee voted to have a 10-week season for all schools, regardless of size, and then voted to have a

uniform number (24) of playoff qualifiers for all classifications.

J. Ryan Casey, who handles digital media content for CHSAA, said that sets up a chance for all state titles games to be contested in one weekend at one site. CHSAA did that in December when it hosted all seven state title football games at Colorado State UniversityPueblo.

The final decision is up to CHSAA’s legislative council, which meets later in the spring.

Prep basketball

Basketball players and others in high-school gyms will have to wear masks this season.

A meeting last week between state superintendents and the Colorado Department of Health and Environment didn’t result in a change in game-day requirements.

The Twitter feed @coloradopreps said it’s still up to local districts and counties whether to allow fans to be in attendance.

WRESTLING FROM PAGE 15

The reason is there is more limited contact.

Cheer and spirit seasons are part of the Season B schedule.

“Cheerleaders should only remove their mask when engaged in tumbling, stunting, or flying, as recommended by the American Academy of Pediatrics,” the letter read.

“Masks should be worn at all other times, and coaches are strongly encouraged to alter routines to achieve mask wearing and distancing to the greatest extent possible.”

Practices began this week. MDPH stated its support of interscholastic athletics “...and believes that CHSAA and the Colorado Department of Public Health and Environment’s guidance will help reduce risk while allowing young athletes to be physically active, another shared goal.”

“Local jurisdictions may have masking requirements in place that are more stringent than the state

Former Fort Lupton wrestler Jacob Duran celebrates a state wrestling title FILE PHOTO at Pepsi Center in February.

masking requirement, and we encourage you to work with your local public health agency to clarify these requirements and how they align with these recommendations,” the letter said.

Answers

THANKS for

PLAYING!

© 2016 King Features Synd., Inc.

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1January 21, 2021

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1January 21, 2021

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PUBLIC NOTICES

Public Notices call Sheree 303.566.4088 Legals Public Trustees COMBINED NOTICE - PUBLICATION CRS §38-38-103 FORECLOSURE SALE NO. A202078829 To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust: On October 29, 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 Adams records.

Original Grantor(s) Colorado Homes, LLC Original Beneficiary(ies) River Bend Corporation Current Holder of Evidence of Debt River Bend Corporation Date of Deed of Trust May 24, 2018 County of Recording Adams Recording Date of Deed of Trust June 04, 2018 Recording Information (Reception No. and/or Book/Page No.) 2018000045075 Original Principal Amount $2,600,000.00 Outstanding Principal Balance $2,950,000.00 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. EXHIBIT A LEGAL DESCRIPTION LOTS 7 THROUGH 9, BLOCK 6, LOTS 4 THROUGH 7, BLOCK 7, LOTS 1 THROUGH 5, BLOCK 8, LOTS 1 THROUGH 17, AND 29 THROUGH 34, BLOCK 9, LOTS 1 THROUGH 11, BLOCK 10, LOTS 1 THROUGH 6, BLOCK 11, LOTS 1 THROUGH 6, BLOCK 12, LOTS 13 THROUGH 18, BLOCK 12, LOTS 2 THROUGH 7, BLOCK 16, AND LOTS 1 THROUGH 10, BLOCK 17, AND TRACTS D, M, N, AND P, INDIGO TRAILS FILING NO. 1, COUNTY OF ADAMS, STATE OF COLORADO. Also known by street and number as: Indigo Trails, Brighton, CO .

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 AM on Wednesday, 03/03/2021, at 4430 S. Adams County Pkwy, Suite W1000, Brighton CO 80601-8219, sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)' heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys' fees, the expenses of sale and other items allowed by law, and will issue to the purchaser a Certificate of Purchase, all as provided by law.

First Publication: 1/7/2021 Last Publication: 2/4/2021 Name of Publication: Metro North IF THE SALE DATE IS CONTINUED TO A LATER DATE, THE DEADLINE TO FILE A NOTICE OF INTENT TO CURE BY THOSE PARTIES ENTITLED TO CURE MAY ALSO BE EXTENDED; DATE: 10/29/2020 Lisa L. Culpepper, Public Trustee in and for the County of Adams, State of Colorado By: Lisa L. Culpepper, Treasurer and Public Trustee The name, address, business telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is: Robert Graham #26809 Foster Graham Milstein & Calisher LLP 360 South Garfield Street, 6th Floor, Denver, CO 80209 (303) 333-9810 Attorney File # 03121.0188 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.

COMBINED NOTICE - PUBLICATION CRS §38-38-103 FORECLOSURE SALE NO. A202078830 To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:

On November 5, 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 Adams records.

Original Grantor(s) Bruce Winsett Original Beneficiary(ies) Credit Union of Denver Current Holder of Evidence of Debt Credit Union of Denver Date of Deed of Trust May 28, 2015 County of Recording Adams Recording Date of Deed of Trust June 05, 2015 Recording Information (Reception No. and/or Book/Page No.) 2015000042675 Original Principal Amount $110,000.00 Outstanding Principal Balance $107,919.87 Pursuant to CRS §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: failure to pay principal and interest when due together with all other payments provided for in the evidence of debt secured by the deed of trust and other violations thereof.

THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN. LOT 11, BLOCK 1, HAWK RIDGE SUBDIVISION, COUNTY OF ADAMS, STATE OF COLORADO. Also known by street and number as: 14330 Emporia Street, Brighton, CO 80602.

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 AM on Wednesday, 03/10/2021, at 4430 S. Adams County Pkwy, Suite W1000, Brighton CO 80601-8219, sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)' heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys' fees, the expenses of sale and other items allowed by law, and will issue to the purchaser a Certificate of Purchase, all as provided by law.

First Publication: 1/14/2021 Last Publication: 2/11/2021 Name of Publication: Metro North IF THE SALE DATE IS CONTINUED TO A LATER DATE, THE DEADLINE TO FILE A NOTICE OF INTENT TO CURE BY THOSE PARTIES ENTITLED TO CURE MAY ALSO BE EXTENDED; DATE: 11/05/2020 Lisa L. Culpepper, Public Trustee in and for the County of Adams, State of Colorado By: Lisa L. Culpepper, Treasurer and Public Trustee The name, address, business telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is: Iman Tehrani #44076 Holst, Boettcher & Tehrani LLP 514 KIMBARK STREET, P.O. BOX 298, LONGMONT, CO 80502-0298 (303) 772-6666 Attorney File # 78830 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.

NOTICE OF UNCLAIMED OVERBID FUNDS CRS 38-38-111(2.5b)(3a,b,d)(5) PUBLIC TRUSTEE SALE NO. A201978593 To: Record Owner of the property as of the recording of the Notice of Election and Demand or other person entitled. You are advised that there are overbid funds due you. This Notice is given with regard to the following described Deed of Trust and Notice of Election and Demand: Name of Record Owner as evidenced on the Notice of Election and Demand or other person entitled Mildred B. Lucius Address of Record Owner as evidenced on the recorded instrument evidencing the owner's interest 9231 Anderson Street, Thornton, CO 80229-3829 Recording Date of Deed of Trust September 29, 2003 Recording Information C1216099 Recording Date of Notice of Election and Demand December 12, 2019 Recording Information of Notice of Election and Demand 2019000108908 Legal Description of Property

legals@coloradocommunitymedia.com

LOT EIGHT (8), BLOCK EIGHTY-ONE (81), AMENDED PLAT OF BLOCKS 77, 78, 79, 80, 81 AND 82 TOGETHER WITH ALL IMPROVEMENTS THEREON, OF THORNTON, COLORADO, COUNTY OF ADAMS, STATE OF COLORADO. APN NO: R0053853 *PURSUANT TO AFFIDAVIT OF SCRIVENER'S ERROR RECORDED ON 12/9/2019 AT RECEPTION NO . 2019000107272 TO CORRECT LEGAL DESCRIPTION. Street Address of Property 9231 Anderson Street, Denver, CO 80229

Lisa L. Culpepper, Public Trustee in and for the County of Adams, State of Colorado By: Lisa L. Culpepper, Treasurer and Public Trustee The name, address, business telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is: Robert Graham #26809 Foster Graham Milstein & Calisher LLP 360 South Garfield Street, 6th Floor, Denver, CO 80209 (303) 333-9810 Attorney File # 3118.0194 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.

NOTICE OF UNCLAIMED OVERBID FUNDS I sold at public auction, at 10:00 AM on 10/7/20, at 4430 S. Adams County Pkwy, Suite W1000, Brighton CO 80601-8219, to the highest and best bidder for cash, the real property described above. An overbid was realized from the sale and, unless the funds are claimed by the owner or other persons entitled thereto within six months from the date of sale, the funds due to you will be transferred to the general fund of the County of Adams, State of Colorado, or to the State Treasurer as part of the "Unclaimed Property Act", pursuant to Colorado law.

First Publication: 12/24/20 Last Publication: 1/21/21 Name of Publication: Metro North Date: 11/4/20 Lisa L. Culpepper, Public Trustee in and for the County of Adams, State of Colorado By: Lisa L. Culpepper, Treasurer and Public Trustee

COMBINED NOTICE - PUBLICATION CRS §38-38-103 FORECLOSURE SALE NO. A202078833 To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust: On November 12, 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 Adams records.

Original Grantor(s) JLR Assets L. L. C. Original Beneficiary(ies) Pinetree Financial Corporation Current Holder of Evidence of Debt Pinetree Financial Corporation Date of Deed of Trust June 12, 2019 County of Recording Adams Recording Date of Deed of Trust June 13, 2019 Recording Information (Reception No. and/or Book/Page No.) 2019000045385 Original Principal Amount $104,000.00 Outstanding Principal Balance $104,000.00 Pursuant to CRS §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: failure to pay principal and interest when due together with all other payments provided for in the evidence of debt secured by the deed of trust and other violations thereof.

THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN. Lot 4, Block 14, Gleneagle Estates Subdivision, Amendment No. 1, County of Adams, State of Colorado Also known by street and number as: 8224 East 130th Circle, Thornton, CO 80602.

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 AM on Wednesday, 03/17/2021, at 4430 S. Adams County Pkwy, Suite W1000, Brighton CO 80601-8219, sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)' heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys' fees, the expenses of sale and other items allowed by law, and will issue to the purchaser a Certificate of Purchase, all as provided by law.

First Publication: 1/21/2021 Last Publication: 2/18/2021 Name of Publication: Metro North IF THE SALE DATE IS CONTINUED TO A LATER DATE, THE DEADLINE TO FILE A NOTICE OF INTENT TO CURE BY THOSE PARTIES ENTITLED TO CURE MAY ALSO BE EXTENDED; DATE: 11/12/2020

COMBINED NOTICE - PUBLICATION CRS §38-38-103 FORECLOSURE SALE NO. A202078834 To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust: On November 12, 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 Adams records.

Original Grantor(s) JLR Assets L. L. C. Original Beneficiary(ies) Pinetree Financial Corporation Current Holder of Evidence of Debt Pinetree Financial Corporation Date of Deed of Trust June 12, 2019 County of Recording Adams Recording Date of Deed of Trust June 13, 2019 Recording Information (Reception No. and/or Book/Page No.) 2019000045387 Original Principal Amount $104,000.00 Outstanding Principal Balance $104,000.00

On November 12, 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 Adams records.

Original Grantor(s) PCB Investments, LLC Original Beneficiary(ies) Indicate Capital Fund 1, LLC Current Holder of Evidence of Debt Capital Fund II, LLC Date of Deed of Trust July 31, 2019 County of Recording Adams Recording Date of Deed of Trust August 06, 2019 Recording Information (Reception No. and/or Book/Page No.) 2019000062859 Original Principal Amount $605,000.00 Outstanding Principal Balance $684,250.00

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

THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN. LOT 2, BLOCK 1, HYLAND GREENS SUBDIVISION FILING NO. 7, COUNTY OF ADAMS, STATE OF COLORADO. Also known by street and number as: 4688 Hyland Greens Pl, Westminster, CO 80031.

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

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

THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN. Lot 2, Block 14, Gleneagle Estates Subdivision, Amendment No. 1, County of Adams, State of Colorado Also known by street and number as: 8232 East 130th Circle, Thornton, CO 80602.

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 AM on Monday, 03/17/2021, at 4430 S. Adams County Pkwy, Suite W1000, Brighton CO 80601-8219, sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)' heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys' fees, the expenses of sale and other items allowed by law, and will issue to the purchaser a Certificate of Purchase, all as provided by law.

First Publication: 1/21/2021 Last Publication: 2/18/2021 Name of Publication: Metro North IF THE SALE DATE IS CONTINUED TO A LATER DATE, THE DEADLINE TO FILE A NOTICE OF INTENT TO CURE BY THOSE PARTIES ENTITLED TO CURE MAY ALSO BE EXTENDED; DATE: 11/12/2020 Lisa L. Culpepper, Public Trustee in and for the County of Adams, State of Colorado By: Lisa L. Culpepper, Treasurer and Public Trustee The name, address, business telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is: Robert Graham #26809 Foster Graham Milstein & Calisher LLP 360 South Garfield Street, 6th Floor, Denver, CO 80209 (303) 333-9810 Attorney File # 3118.0195

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 AM on Wednesday, 03/17/2021, at 4430 S. Adams County Pkwy, Suite W1000, Brighton CO 80601-8219, sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)' heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys' fees, the expenses of sale and other items allowed by law, and will issue to the purchaser a Certificate of Purchase, all as provided by law.

First Publication: 1/21/2021 Last Publication: 2/18/2021 Name of Publication: Metro North

IF THE SALE DATE IS CONTINUED TO A LATER DATE, THE DEADLINE TO FILE A NOTICE OF INTENT TO CURE BY THOSE PARTIES ENTITLED TO CURE MAY ALSO BE EXTENDED; DATE: 11/12/2020 Lisa L. Culpepper, Public Trustee in and for the County of Adams, State of Colorado By: Lisa L. Culpepper, Treasurer and Public Trustee The name, address, business telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is:

Robert T. Cosgrove #12217 Burns, Wall and Mueller P.C. 303 E. 17TH AVENUE, #920, DENVER, CO 80203 (303) 830-7000 Attorney File # 78831 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.

City and County Public Notice

BY AUTHORITY ORDINANCE NO. 4061 COUNCILLOR'S BILL NO. 4 SERIES OF 2021 INTRODUCED

BY COUNCILLORS Seitz, Smith

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.

COMBINED NOTICE - PUBLICATION CRS §38-38-103 FORECLOSURE SALE NO. A202078831

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

A BILL FOR AN EMERGENCY ORDINANCE RATIFYING THE CITY MANAGER’S EMERGENCY ORDER: IMPOSING A TEMPORARY CAP OF FIFTEEN PERCENT ON THIRD-PARTY RESTAURANT DELIVERY FEES WITHIN THE CITY

WHEREAS, on March 12th, 2020, pursuant to the authority of the Mayor of the City of Westminster under Section 1-32-6, W.M.C., a declaration of emergency was issued concerning a significant and imminent threat based on the current and

NTS | WW Legals 1.21.21 * 1

22

January 21, 2021J

Public Notices ongoing public health threat in the form of a new and novel virus COVID-19, also known as the coronavirus; and WHEREAS, this declaration of emergency was ratified by the City Council on March 16th, 2020; and WHEREAS, the recent COVID-19 crisis has required the issuance of emergency orders, including state, public health, county, and municipal orders, which are necessary to reduce the spread of the COVID-19 virus; and WHEREAS, these orders contain necessary provisions which impose significant restrictions on the operation of food service establishments within the City of Westminster, thereby substantially straining those businesses and increasing the need for take-out meal services; and WHEREAS, while some restaurants may receive take-out orders directly, there are many third-party food delivery platforms and other services that operate through websites and/or mobile phone applications used by consumers to quickly and easily order pick-up and delivery meals from local restaurants; and WHEREAS, in many instances the third-party food delivery platforms and services, without the local restaurant’s knowledge or consent, will purport to sell meals from the local restaurant to consumers, and sometimes charge exorbitant fees to already struggling local restaurants; and WHEREAS, the fees charged by a third-party food delivery platform should be capped for a period of time while on-premises dining remains restricted to avoid further harm to food establishments and the public in the City of Westminster; and WHEREAS, limiting the per-order fees by capping the fees at 15% will ease the financial burdens on struggling restaurants and individuals during this emergency while not unduly burdening third-party platforms; and WHEREAS, for the above stated reasons, the City Manager issued an emergency order on December 22nd, 2020 capping third party delivery fees at 15%, and imposing specific regulations for the management of those capped fees; and WHEREAS, the City Council wishes to ratify the City Manager’s order, and finds that it is critical that this order be effective and ratified as quickly as possible in order to ease the burdens on local businesses and individuals, and to make it easier for individuals and restaurants to comply with the various emergency orders and thus reduce the spread of COVID-19; and WHEREAS, City Council finds and declares that an emergency exists and that it is necessary that this ordinance become effective immediately upon adoption at a single reading to preserve the public’s peace, safety and welfare.

NOW, THEREFORE, THE CITY OF WESTMINSTER ORDAINS: Section 1. The City Manager’s Emergency Order Re: Imposing a Temporary Cap of Fifteen Percent on Third-Party Restaurant Delivery Fees Within the City, including any and all penalty provisions, in the form attached as Exhibit A, is hereby ratified and endorsed, and continues in force until City Council or the City Manager determine that the threat of danger has passed, pursuant to Section 1-32-6(D), W.M.C. Section 2. Because of the current and ongoing threat of a significant and pandemic communicable and dangerous illness commonly known as the coronavirus, as well as the significant public concern regarding the effects of that virus and the need to address the substantial resulting burdens on local businesses and individuals, an emergency is declared to exist, and this ordinance is declared to be necessary for the immediate preservation of the public peace, health, and safety. Wherefore, this ordinance shall be in full force and effect upon adoption of this ordinance on January 11th, 2021, by an affirmative vote of 6 of the members of the Council if 6 or 7 members of the Council are present at the meeting at which this ordinance is presented, or by an affirmative vote of 4 of the members of the Council if 4 or 5 members of the Council are present at the meeting at which this ordinance is enacted.

Section 3. All of the above recitals are incorporated herein.

Section 4. If any section, paragraph, clause, word, or any other part of this ordinance shall for any reason be held to be invalid or unenforceable by a court of competent jurisdiction, such part deemed unenforceable shall not affect any of the remaining provisions.

Section 5. This ordinance shall be published in full within 10 days after its enactment.

INTRODUCED, READ IN FULL, AND PASSED AND ADOPTED AS AN EMERGENCY ORDINANCE this 11th day of January 2021.

Mayor ATTEST: City Clerk APPROVED AS TO LEGAL FORM: City Attorney’s Office Legal Notice No. 707269 First Publication: January 21, 2021 Last Publication: January 21, 2021 Publisher: Westminster Window Public Notice EXHIBIT A CITY MANAGER'S EMERGENCY ORDER IMPOSING A TEMPORARY CAP OF FIFTEEN PERCENT ON THlRD-PARTY RESTAURANT DELIVERY FEES WITHlN THE CITY WHEREAS, the recent COVID-19 crisis has required the issuance of emergency orders, including state, public health, county, and municipal orders, which are necessary to reduce the spread of the COVID-19 virus; and WHEREAS, these orders contain necessary provisions which impose significant restrictions on the operation of food service establishments within the City of Westminster, thereby substantially straining those businesses and increasing the need for

take-out meal services; and WHEREAS, while some restaurants may receive take-out orders directly, there are many third party food delivery platforms and other services that operate through websites and/or mobile phone applications used by consumers to quickly and easily order pick-up and delivery meals from local restaurants; and WHEREAS, in many instances the third-party food delivery platforms and services, without the local restaurant's knowledge or consent, will purport to sell meals from the local restaurant to consumers, and sometimes charge exorbitant fees to already struggling local restaurants; and WHEREAS, the fees charged by a third-party food delivery platform should be capped for a period of time while on-premises dining remains restricted to avoid further harm to food establishments and the public in the City of Westminster; and WHEREAS, limiting the per-order fees by capping the fees at 15% will ease the financial burdens. on struggling restaurants and individuals during this emergency while not unduly burdening thirdparty platforms, and will also make it easier for individuals and restaurants to comply with the various emergency orders and thus reduce the spread ofCOVID-19.

NOW THEREFORE, based on the authority given to the City Manager by the City Council's March 16, 2020 ratification of the Mayor's March 12, 2020 declaration of emergency, and based on the subsequent authority of the City Manager under W.M.C. § 1-32-6 and W.M.C. § 1-32-7, the following regulation is hereby put into effect: Section 1.

For purposes of this order, the term: Online order means an order placed by a customer through a platform provided by a third-party food delivery platform for delivery or pickup within the City of Westminster.

Purchase price means the menu price of an online order, as determined by the retail food establishment, excluding taxes, gratuities, or any other fees that may make up the total cost to the customer of an online order.

Retail food establishment means a retail operation that stores, prepares, or packages food for sale for human consumption or serves or otherwise provides food for sale for human consumption to consumers directly, or indirectly through a delivery service, whether such food is consumed on or off the premises.

Third-party food delivery platform means any person, website, mobile application, or other internet service that offers or arranges for the sale of food and beverages prepared by, and the same-day delivery or same-day pickup of food and beverages from, retail food establishments.

Section 2.

(A) A third-party food delivery platform shall not perform any service for or disclose any information about a retail food establishment without their consent.

(B) Limitation on delivery fees.

(1) No third-party food delivery platform shall charge a retail food establishment a commission or fee for the use of the platform's services for delivery or pick-up that exceeds 15% of the purchase price per online order.

(2) The provisions of this order shall not limit the ability of any retail food establishment to choose to pay a higher commission or supplemental fee to access additional advertising or other products and services offered by any third-party food delivery platform.

(C) A third-party food delivery platform shall not reduce the compensation rates paid to the delivery service driver, or garnish gratuities in order to comply with this order.

(D) A third-party delivery food platform shall not charge any additional fee to a retail food establishment that it has not voluntarily agreed to pay; (E) At the time a final price is disclosed to a customer for the intended purchase and delivery of food from a retail food establishment through a third-party food delivery platform and before that transaction is completed by the customer, the third-party food delivery platform shall disclose to the customer, in plain language and in a conspicuous manner, any commission, fee, or any other monetary payment charged to the customer by the third-party food delivery platform. No such fee shall be identified as attributable to a governmental entity unless it is explicitly assessed by such government by applicable law.

(F) After a transaction occurs for the purchase and delivery of food from a retail food establishment through a third-party food delivery platform, the third-party food delivery platform shall provide an electronic or printed receipt to the customer. The receipt shall disclose, in plain and simple language and in a conspicuous manner: (1) The purchase price of the food; (2) Any sales or other tax applied to the transaction; (3) Any delivery charge or service fee, imposed on and collected from the customer by the third party food delivery platform and by the covered establishment, in addition to the menu price of the food, shall be clearly identified as such and shall not be labeled with the City's name or otherwise labeled in such a way as to imply or be misconstrued as having been imposed by any entity other than the third-party food delivery platform; (4) Any tip that will be paid to the person delivering the food, and not to the third-party food delivery platform, that was added into the transaction when it occurred; and (5) Any commission associated with the transaction.

Section 3.

(A) Any person may submit a complaint of a violation of this chapter to the Operations and

Community Preservation Manager of the Community Development Department of the City of Westminster, who is hereby authorized and empowered to investigate and enforce this Order.

(B) Third-party food delivery platforms shall maintain books and records sufficient to show compliance with this article.

(C) Such books and records shall be made available to the city upon written request.

This Order is necessary to mitigate impacts of COVID-19 to the businesses and workers of the City and ensure the viability of local businesses and employment critical to sustaining the City's economy.

This regulation is permitted as more restrictive than any current state-issued other public health order, as permitted by the Governor's stay at home orders, associated orders of the Colorado Department of Public Health and Environment, and under the City of Westminster's authority under Article XX of the Colorado State Constitution.

Nothing in this regulation shall be deemed to permit any activity otherwise prohibited by any current state, county or other public health order.

Persons violating the terms of this regulation are subject to enforcement under W.M.C. §§ 1-23-1 and 1-8-1 as a non-criminal municipal offense.

This Order shall go into effect as of 3:00 PM December 22, 2020, and shall expire at midnight on March 31, 2021, unless it is earlier terminated or extended.

ORDERED this 22nd day of December, 2020.

Don Tripp City Manager, City of Westminster Director of the Westminster Local Emergency Management Agency Legal Notice No. 707271 First Publication: January 21, 2021 Last Publication: January 21, 2021 Publisher: Westminster Window Public Notice City of Westminster Summary of Proceedings Summary of proceedings of the online Westminster City Council meeting of Monday, January 11 2020. Mayor Atchison, Mayor Pro Tem Seitz and Councillors DeMott, Seymour, Skulley, Smith, and Voelz were present online at roll call.

The minutes of the December 21, 2020 meeting were approved as presented.

Jason Lantagne was sworn in as Acting Presiding Municipal Judge.

Council approved the following: Second Reading of Councillor's Bill No. 39 Re: Supplemental Appropriation of State Grant Funds for the 2021 Co-Responder Services Program; Second Reading Councillor’s Bill No 40 Re: Executing an Intergovernmental Agreement between the City of Westminster and the Colorado Department of Revenue for the Purpose of Participation in the State Sales and Use Tax Software System; Municipal Court Conflict Attorney Services Contracts with The McKinstry Law Firm, LLC, and Hernandez & Associates, P.C.; Designation of Official Place to Post Public Notices; Negotiated Rates for 2021 Library Materials Purchases; Authorization of Sole Source Expenditures with Acushnet (Titleist/Footjoy) for Merchandise Purchases for Golf Westminster in 2021 with Options for Two Additional One-year Renewals in 2022 and 2023.

Council held a public hearing to amend Westminster Municipal Code, Titles II and XI relative to Notification by Mail for Land Development Public Hearings.

City Council Passed on First Reading: Councillor’s Bill No. 1 Amending Westminster Municipal Code, Titles II and XI Relative to Notification by Mail for Land Development Public Hearings Purpose: An Ordinance Amending Westminster Municipal Code, Sections 2-2-8, 11-4-8, 11-5-9 and 11-5-13 to increase the mailed notice of public hearing for land development approvals.

Councillor's Bill No. 2 Re: Second Amendment to the City of Westminster Northwest Rail Electrified Segment Westminster Station Intergovernmental Agreement with the Regional Transportation District Purpose: An Ordinance authorizing an amendment to the intergovernmental agreement with the Regional Transportation District regarding the Westminster Station.

Councillor’s Bill No. 3 Re: Second Amendment to the City of Westminster Northwest Rail Electrified Segment Local Agency Contribution Intergovernmental Agreement with the Regional Transportation District Purpose: An Ordinance Amending the Intergovernmental Agreement with the Regional Transportation District regarding the local agency contribution for the Westminster Station.

Councillors' Bill No. 4 Re: An Emergency Ordinance Ratifying the City Manager's Emergency Order Imposing a Temporary Cap of Fifteen Percent on Third-Party Restaurant Delivery Fees Purpose: A Bill for an Emergency Ordinance Ratifying the City Manager’s Emergency Order Imposing a Temporary Cap of 15% on third party restaurant delivery fees within the City.

There was no further business to come before the City Council, and the meeting adjourned 10:04 p.m

By Order of the Westminster City Council Abby Fitch, Senior Deputy City Clerk ***Attached Councillors Bill 39, Councillor’s Bill 40 and Councillor’s Bill 4 with the City Manager’s Emergency Order Legal Notice No. 707267 First Publication: January 21, 2021 Last Publication: January 21, 2021 Publisher: Westminster Window Public Notice

General Fund

BY AUTHORITY ORDINANCE NO. 4055 COUNCILLOR'S BILL NO. 40 SERIES OF 2021 INTRODUCED BY COUNCILLORS Skulley, DeMott A BILL FOR AN ORDINANCE APPROVING THE INTERGOVERNMENTAL AGREEMENT REGARDING DEPARTMENT OF REVENUE SALES AND USE TAX SOFTWARE (“SUTS SYSTEM”) BETWEEN THE CITY OF WESTMINSTER AND THE COLORADO DEPARTMENT OF REVENUE Whereas, pursuant to Article XIV, Section 18 of the Colorado Constitution and C.R.S. § 29-1-203, governments may cooperate or contract with one another to provide any function, service, or facility lawfully authorized to each; and Whereas, pursuant to Senate Bill 19-006, the Colorado Department of Revenue has contracted with vendors to provide a sales and use tax simplification system that allows taxpayers to look up and remit sales and use taxes through a single portal managed by vendors and held in trust for the benefit of local taxing jurisdictions (“SUTS”); and Whereas, the City of Westminster wishes to participate in SUTS by intergovernmental agreement.

THE CITY OF WESTMINSTER ORDAINS: Section 1. The City Manager of the City of Westminster is hereby authorized to execute, on behalf of the City, the Intergovernmental Agreement with the Colorado Department of Revenue regarding Department of Revenue sales and use tax software (“SUTS SYSTEM”) in substantially the same form and on the same terms as attached hereto as Attachment A. Section 2. By entering into this Intergovernmental Agreement the City in no way intends to waive any rights or surrender any authority other than as explicitly stated in that Intergovernmental Agreement.

Section 3. This ordinance shall take effect upon its passage after second reading. The title and purpose of this ordinance shall be published prior to its consideration on second reading.

The full text of this ordinance shall be published within ten (10) days after its enactment after second reading.

INTRODUCED, PASSED ON FIRST READING, AND TITLE AND PURPOSE ORDERED PUBLISHED this 14 day of December, 2020.

PASSED, ENACTED ON SECOND READING, AND FULL TEXT ORDERED PUBLISHED this 11 day of January, 2021.

Mayor ATTEST: City Clerk APPROVED AS TO LEGAL FORM: City Attorney’s Office

$308,224

Section 3 – Severability. The provisions of this Ordinance shall be considered as severable.

If any section, paragraph, clause, word, or any other part of this Ordinance shall for any reason be held to be invalid or unenforceable by a court of competent jurisdiction, such part shall be deemed as severed from this ordinance. The invalidity or unenforceability of such section, paragraph, clause, or provision shall not affect the construction or enforceability of any of the remaining provisions, unless it is determined by a court of competent jurisdiction that a contrary result is necessary in order for this Ordinance to have any meaning whatsoever.

Section 4. This ordinance shall take effect upon its passage after the second reading.

Section 5. This ordinance shall be published in full within ten days after its enactment.

INTRODUCED, PASSED ON FIRST READING, AND TITLE AND PURPOSE ORDERED PUBLISHED this 14th day of December, 2020.

PASSED, ENACTED ON SECOND READING, AND FULL TEXT ORDERED PUBLISHED this 11th day of January, 2020.

ATTEST: Mayor City Clerk Legal Notice No.707268 First Publication: January 21, 2021 Last Publication: January 21, 2021 Publisher: Westminster Window

Metropolitan Districts PUBLIC NOTICE SOUTH ADAMS COUNTY WATER AND SANITATION DISTRICT

Effective January 1, 2021, the Board of Directors (“Board”) of the South Adams County Water and Sanitation District (“District”) has directed that all legal notices of the District shall be published in the Commerce City Sentinel Express. The Commerce City Sentinel Express is a newspaper of general circulation within the boundaries of the District. The Board has further authorized publication of legal notices in The Denver Post and/or the Northglenn Thornton Sentinel at staff’s discretion.

SOUTH ADAMS COUNTY WATER AND SANITATION DISTRICT By: /s/ Vicki Ennis Vicki Ennis, Secretary Legal Notice No. 707262 First Publication: January 21, 2021 Last Publication: January 28, 2021 Published in: Northglenn Thornton Sentinel

Bids and Settlements

Legal Notice No. 707270 First Publication: January 21, 2021 Last Publication: January 21, 2021 Publisher: Westminster Window

Public Notice

Public Notice

NOTICE OF FINAL SETTLEMENT

RFP# 21-001, CM/GC – Crossing Pointe South New Construction

WHEREAS, The Metro Wastewater Reclamation District, hereinafter referred to as the “Metro District”, has contracted with Insituform Technologies LLC., hereinafter referred to as the “Contractor”, for the construction of PAR 1332 INTERCEPTOR REHABILITATION 2018-2019 Project, hereinafter referred to as the “Project”; and

The Adams County Housing Authority d/b/a Maiker Housing Partners (Maiker) is a public entity formed in 1974 to provide federally subsidized housing and housing assistance to low-income families, within Adams County, Colorado. Although brought into existence by a Resolution of the Adams County Board of Commissioners, it is a separate entity from the Adams County, Colorado government. Maiker has approximately 1700 properties of multi-family apartment communities in Adams County, throughout the cities of Thornton, Commerce City, Westminster, and Denver.

Maiker is soliciting competitive proposals from qualified businesses for Construction Management/General Contractor for a new construction multifamily affordable housing community located in Thornton, CO. Maiker Housing Partners, the awarding agency, is seeking proposals from general contractors.

A detailed Request for Proposals (RFP) can be obtained by contacting: kkemp@maikerhp.org and requesting RFP# 21-001 or by visiting https://maikerhp.org/procurement/ by February 1st, 2021.

Legal Notice No. 707265 First Publication: January 21, 2021 Last Publication: January 28, 2021 Publisher: Northglenn-Thornton Sentinel

WHEREAS, the Contractor has completed the construction of the Project; and WHEREAS, the Contractor is entitled to final payment;

NOW, THEREFORE, BE IT RESOLVED that the Metro District does hereby give notice that on January 31, 2021 the Metro District will pay the full balance due the Contractor, and that all persons having claims for labor, services, equipment rental, or materials furnished to the Contractor should present their claims to the Contractor and the Surety prior to said date for payment. Pursuant to Colorado Revised Statute 38-26-107, claimants may also file a verified statement of the amount due and unpaid on such claims with the Metro District prior to the date specified herein for final payment.

METRO WASTEWATER RECLAMATION DISTRICT By: William J. Conway, District Manager Legal Notice No. 707250 First Publication: January 14, 2021 Last Publication: January 21, 2021 Publisher: Westminster Window ____________________________________

Public Notice

BY AUTHORITY ORDINANCE NO. 4054 COUNCILLOR'S BILL NO. 39 SERIES OF 2020 INTRODUCED

BY COUNCILLORS Skulley, Seitz

Public Notice NOTICE OF CONTRACTOR’S FINAL SETTLEMENT

A BILL FOR AN ORDINANCE AMENDING THE 2021 BUDGET OF THE GENERAL FUND AND AUTHORIZING A SUPPLEMENTAL APPROPRIATION FROM THE 2021 ESTIMATED REVENUES IN THE FUND THE CITY OF WESTMINSTER ORDAINS: Section 1. The 2021 appropriation for the General Fund initially appropriated by Ordinance No. 4048 is hereby increased by $308,224. This appropriation is for the 2021 allocation of a grant approved by the State of Colorado’s Department of Human Services’ Office of Behavioral Health Co-Responder Services Program.

Section 2. The $308,224 increase shall be allocated to City Revenue and Expense accounts as described in the City Council Agenda, dated December 14, 2020 (a copy of which may be obtained from the City Clerk) increasing City fund budgets as follows:

Notice is hereby given that on or after the 1st day of February 2021, Final Settlement will be made by the City of Thornton, CO, with: Mark Young Construction Attention: Mr. David Guida 7200 Miller Place Frederick, CO 80504

hereinafter called “Contractor”, for and on account of the Contract for construction of Fire Station No. 4 HVAC Replacement, Project No. 18-286.

1. Any person, co-partnership, association, or corporation who has an unpaid claim against the said Project, 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 said Work, may at any time up to and including said date of such Final Settlement, file a verified statement of the amount due and unpaid on ac-

NTS | WW Legals 1.21.21 * 2

23

1January 21, 2021

Public Notices count of such claims.

2. All such claims shall be filed with the City Clerk at 9500 Civic Center Drive, Thornton, CO 80229.

3. Failure on the part of the creditor to file such a statement prior to such Final Settlement will relieve the City of Thornton from any and all liability for such claim.

CITY OF THORNTON, COLORADO Date: 1/4/21 /s/ Sean Saddler , PE Contracts and Purchasing Director Legal Notice No. 707232 First Publication: January 14, 2021 Last Publication: January 21, 2021 Publisher: Northglenn-Thornton Sentinel Public Notice INVITATION FOR BIDS City of Thornton 9500 Civic Center Drive Thornton, CO 80229-4326 The City of Thornton is soliciting the following: 1. Purchase of Water Meters, Project No. 20-488.

Invitation for Bids Purchase of Products.

Go to Thornton’s website at www.ThorntonCO.gov, click on “Business” and then “Contracts & Purchasing” for information on how to obtain the solicitation documents. Bidders/ Proposers are required to acknowledge all addenda in their Bid/Proposal submittal, failure to do so may be considered non-responsive.

Legal Notice No. 707206 First Publication: January 7, 2021, Second Publication: January 14, 2021, Last Publication: January 21, 2021, Publisher: Northglenn Thornton Sentinel

Summons and Sheriff Sale Public Notice SUMMONS SERVICE BY PUBLICATION IN THE DISTRICT COURT IN AND FOR THE COUNTY OF ADAMS AND STATE OF COLORADO Civil Action No. 20CV31162 DIV. W THE PEOPLE OF THE STATE OF COLORADO, Plaintiff, vs.

RODOLFO CASTILLO NAJERA and ONE THOUSAND SIX HUNDRED SIXTY- THREE DOLLARS IN UNITED STATES CURRENCY Defendant.

TO THE ABOVE NAMED DEFENDANT, GREETINGS: You are hereby summoned and required to file with the Clerk an answer to the Complaint, which has been filed with the Court within thirty days after service of this Summons upon you. If you fail to do so, judgment by default will be taken against you for the relief demanded in the Complaint.

If service upon you is made outside the State of Colorado, or by publication or if a copy of the Complaint is not served upon you with this Summons, you are required to file your Answer to the Complaint within thirty five days after service of this Summons upon you.

This is an action for forfeiture pursuant to C.R.S. §16-13-307 of the currency that was seized in Adams County, Colorado by officers of the North Metro Task Force on August 6, 2020, as being derived from activity constituting a class one public nuisance.

A copy of the Summons, Complaint and Temporary Restraining Order may be obtained at the Adams County District Attorney's Office, 1000 Judicial Center Drive, Suite 100, Brighton, Colorado 80601.

DATED: December 3, 2020 /s/ Cameron Munier Senior Deputy District Attorney 1000 Judicial Center Drive, Suite 100 Brighton, CO 80601 (303) 659-7720 Legal Notice No. 707181 First Publication: December 24, 2020 Last Publication: January 21, 2021 Publisher: Northglenn-Thornton Sentinel

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

20CW3214 STATE OF COLORADO, ACTING BY AND THROUGH ITS BOARD OF LAND COMMISSIONERS, 1127 Sherman Street, Suite 300, Denver, CO 80203; RANGEVIEW METROPOLITAN DISTRICT, 141 Union Blvd, Suite 150, Lakewood, CO 80228; and PURE CYCLE CORPORATION, 34501 E Quincy Ave, Watkins, CO 80137, CHANGE OF CONDITIONAL WATER RIGHTS AND PLAN FOR AUGMENTATION, IN ARAPAHOE, WELD AND ADAMS COUNTIES. Conditional water rights to be changed: Originally decreed in Consolidated Case Nos. 94CW191, 88CW253, 88CW254, and 87CW033

(the “Consolidated Decree”). Diligence found and conditional rights continued in Case Nos. 08CW313 and 18CW3036. Rangeview East Water System. Location/point of diversion: Box Elder Creek Diversion: the diversion structure will be located in Box Elder Creek at a point located in the SW 1/4 of the SE 1/4 of Section 34, Township 5 South, Range 64 West of the 6th P.M. at a point located approximately 2,600 feet from the east section line and approximately 50 feet from the south section line of said section. Source: Box Elder Creek, tributary to the South Platte River.

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

Source: Coal Creek, Box Elder Creek, and Denver Basin groundwater described in paragraph 12 of the Consolidated Decree. Appropriation date: June 1984. Amount: Active storage – 4,500 acrefeet. Dead storage – 819 acre-feet (all conditional). OAR Reservoir D. Location: In the SW 1/4 of the NW 1/4, and the W 1/2 of the SW 1/4 of Section 36, and the SE 1/4 of the NE 1/4, the SE 1/4, and the S 1/2 of the SW 1/4 of Section 35 in Township 5 South, Range 65 West of the 6th P.M., in Arapahoe County, Colorado, and the N 1/2 of the NW 1/4 of Section 2 in Township 6 South, Range 65 West of the 6th P.M. in Elbert County, Colorado and whence the left abutment of the dam will be approximately located at a point approximately 1,980 feet south of the north and 150 feet east of the west section lines of Section 36, Township 5 South, Range 65 West. Source: Coal Creek, Box Elder Creek, and Denver Basin groundwater described in paragraph 12 of the Consolidated Decree. Appropriation date: June 1984. Amount: Active storage – 4,000 acre-feet.

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

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

Water diverted at the Box Elder Creek Diversion may be delivered into a concrete enclosed wet well located in the SE 1/4 of Section 34, Township 5 South, Range 64 West of the 6th P.M. in Arapahoe County, which will facilitate pumping into storage pursuant to the OAR Reservoirs conditional water rights. The new alternate Box Elder Creek points of diversion for the Rangeview East

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

Rangeview Well No. 3: Within 200 feet of UTM coordinates NAD83, Zone 13, Easting: 538422.0, Northing: 4387135.0. Rangeview Well No. 4: Within 200 feet of UTM coordinates NAD83, Zone 13, Easting: 538382.0, Northing: 4387041.0. New place of storage for OAR Reservoirs A, C and D Conditional Water Rights: Enlarged and realigned OAR Reservoir C, located in Sections 29, 32 and the E 1/2 of Section 30, Township 5 South, Range 64 West of the 6th P.M., Arapahoe County, whence the left abutment of the dam will be located at a point approximately 550 feet northwest of the SE corner of Section 30 and as shown on Exhibit A attached to this application. New alternate place of storage: The Rangeview Quincy Avenue diversion will deliver water through concrete enclosed wet well located in the NE 1/4 of Section 9, Township 5S, Range 64 West, 6th P.M., Arapahoe County, to OAR Reservoirs B or C or to the 130 acre-foot Lowry Ridge Storage Pond located in the NW 1/4 of Section 8, Township 5S, Range 64 West, 6th P.M., Arapahoe County, UTM coordinates NAD83, Zone:13, Easting: 535667.0, Northing: 4387488.0 as shown on Exhibit A and Exhibit B, both attached to this application. The Lowry Ridge Storage Pond will store and regulate flows or be used to blend the diverted Box Elder Creek water with other sources, prior to delivery into OAR Reservoirs B or C or to the Sky Ranch Water Treatment Facility, which will be located adjacent to the Lowry Ridge Storage Pond in Section 8, Township 5S, Range 64 West of the 6th P.M., shown on Exhibits A and B attached to this application. New places of use, in addition to use on the Lowry Range: Rangeview’s current service off the Lowry Range is provided to the Arapahoe County fairgrounds, located in the N 1/2 of Section 8 and all of Tract 4 of Arapahoe Park Subdivision Filing No. 1 in Section 8, Township 5 South, Range 65 West of the 6th P.M., Arapahoe County, and Sky Ranch, a development of approximately 931 acres located in the W1/2 of Section 3, the SE1/4 of Section 4, the E1/2 and NW1/4 of Section 10, Township 4 South, Range 65 West, 6th P.M., Arapahoe County, as shown on the attached Exhibit A. The existing point of diversion on Box Elder Creek will be retained as an alternate point of diversion that may be used to divert a portion of high flows, with the balance diverted at the new alternate points of diversion.

Combined diversions by the original and new Box Elder Creek alternate points of diversion for the Rangeview East Water System and OAR Reservoirs conditional water rights will not exceed 250 cfs. The proposed changes will not cause injury and will not enlarge the contemplated draft of the conditional water rights. Structures to be augmented: Surface diversion and infiltration galleries/wells described in paragraph 3.2. Previously decreed points of diversion of the Rangeview East Water System and OAR Reservoirs described in paragraph 2.1.1.1. Depletions from the infiltration galleries/wells described in paragraph 3.2 will occur to Box Elder Creek in the SE 1/4, Section 1, Township 1 South, Range 65 West, 6th P.M., Adams County. Sources of augmentation water: Lost Creek ground water rights: Well permit 31528-FP, located in the NE1/4NE1/4, Section 22, Township 1 North, Range 63 West, 6th P.M., Weld County. Well permit 7244-RFP, located in the SW1/4NE1/4, Section 22, Township 1 North, Range 63 West, 6th P.M., Weld County. Nontributary Laramie-Fox Hills groundwater and not nontributary Arapahoe groundwater underlying the Lost Creek farm described in paragraph 6.1.4, under determinations 1155-BD and 1156-BD. Rangeview has applied to the Colorado Ground Water Commission to change the use of its Lost Creek ground water rights identified in paragraphs 6.1.1 and 6.1.2 to allow among other uses augmentation of water rights and structures supplying Rangeview’s and Pure Cycle’s uses and will be applying for export approval. The rights described in paragraphs 6.1.1 and 6.1.2 historically irrigated approximately 230 acres located in the S1/2 of Section 14, Township 1 North, Range 63 West, 6th P.M., Weld County. Upon approval, the water will be delivered from the wells by pipeline to Box Elder Creek within one of two stream reaches of Box Elder Creek, described as follows and on the attached Exhibit C: Upper Weld County Delivery Stream Reach. Upper terminus located at UTM coordinates NAD83, Zone 13, Easting: 533668.0, Northing: 4427898.2, also described as a point located in the SE 1/4, SE 1/4 of Section 36, Township 1 North, Range 65 West, at a point located approximately 36 feet north of the south section line and 690 feet of the west of the east section line of said section. Lower terminus located at UTM coordinates NAD83, Zone 13, Easting: 534666.0, Northing: 4434337.0, also described as

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

Return flow from prior use of the above sources, either by direct discharge following wastewater treatment or after effluent storage, including but not limited to in the Sky Ranch Ponds located in the NE 1/4 of Section 10, Township 4S, Range 65 West, 6th P.M., Arapahoe County as shown on the attached Exhibit C, will be discharged to Box Elder Creek at the Sky Ranch Box Elder Creek Delivery Point in the SE 1/4 of Section 5, Township 4S, Range 64 West of the 6th P.M., Arapahoe County, Colorado, or to Coyote Run, tributary of Box Elder Creek, at the Sky Ranch Coyote Run Delivery Point, in the SE 1/4 of Section 1, Township 4S, Range 65 West of the 6th P.M., Arapahoe County, Colorado as shown on the attached Exhibit C. Additional augmentation sources may be added pursuant to § 37-92-305(8)(c), C.R.S. Statement of plan for augmentation: The timing and amount of injurious out-of-priority depletions will be determined and replaced from the above-described sources. Replacement with the Lost Creek ground water rights may be made to the extent injury will be prevented, while local replacement may also be made. “Local replacement” means replacement to Box Elder Creek or Coyote Run, tributary of Box Elder Creek, from sources identified in paragraphs 6.2 through 6.6, or sources added to the plan capable of discharge to Box Elder Creek in a similar location. Surface flow in Box Elder Creek frequently occurs at the original and/or new points of diversion at times when the stream dries up downstream. Surface diversions can be administered in the priority system, and may be made without augmentation when in priority or when conditions otherwise allow. Ground water diversions at the four infiltration galleries/horizontal wells will result in lagged depletions, which will be replaced so as to prevent injury. The distance between the locations of the infiltration galleries/ wells described in paragraph 3.2 and the point of depletion on Box Elder Creek is approximately 31.0 river miles, which results in a long lag time between the time of pumping and the time of depletion. Additional documents filed with the application: Maps of Lowry Range, Sky Ranch Development, Arapahoe County fairgrounds and facilities and locations of augmentation delivery and point of depletion. The name and address of the owner or reputed owner of the land upon which any new diversion or storage structure or modification to any existing diversion or storage structure is or will be constructed, or upon which water is or will be stored, including any modification to the existing storage pool: Applicants. Wherefore, Applicants request the court approve the above described changes of their conditional water rights and plan for augmentation, and for such other and further relief as is warranted. 11 Pages.

WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE OR BE FOREVER BARRED. YOU ARE HEREBY NOTIFIED that any party who

wishes to oppose an application, or an amended application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, a verified Statement of Opposition, setting forth facts as to why the application should not be granted, or why it should be granted only in part or on certain conditions. Such Statement of Opposition must be filed by the last day of FEBRUARY 2021 (forms available on www. courts.state.co.us or in the Clerk’s office) and must be filed as an Original and include $192.00 filing fee. A copy of each Statement of Opposition must also be served upon the Applicant or Applicant’s Attorney and an affidavit or certificate of such service of mailing shall be filed with the Water Clerk.

Legal Notice No. 707253 First Publication: January 21, 2021 Last Publication: January 21, 2021 Publisher: Westminster Window Public Notice DISTRICT COURT, WATER DIVISION 1, COLORADO DECEMBER 2020 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1

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

20CW3203, THE CONSOLIDATED MUTUAL WATER COMPANY, 12700 West 27th Avenue, Lakewood, CO 80215, (303) 238-0451, through counsel Evan D. Ela and Joseph W. Norris, Collins Cockrel & Cole, P.C., 390 Union Boulevard, Suite 400, Lakewood, CO 80215, (303) 986-1551, APPLICATION FOR FINDING OF REASONABLE DILIGENCE ON CONDITIONAL WATER RIGHTS AND TO MAKE DECREED CONDITIONAL WATER RIGHTS ABSOLUTE in ADAMS AND WELD COUNTIES. 2. Name of Structures. Perry Pit East Reservoir (formerly known as Wattenburg Reservoir). 3. Description of the subject conditional water rights (“Subject Water Rights”): (a) Previous Decrees: (1) The Perry Pit East Reservoir was originally decreed on June 14, 2000 in Case No. 97CW390, Findings and Ruling of the Referee and Decree of the Water Court, District Court, Water Division No. 1.

An amended final decree was issued on August 5, 2000, Amended Decree of the Water Court, by the District Court, Water Division No. 1. (2) Findings of reasonable diligence toward perfection of the Subject Water Rights were approved by decree issued on May 25, 2007 in Case No. 06CW133, Findings of Fact, Conclusions of Law, Ruling of the Referee, Judgment and Decree, District Court, Water Division No. 1. (3) The most recent findings of reasonable diligence toward perfection of the Subject Water Rights were approved by decree issued on December 4, 2014 in Case No. 13CW3052, Findings of Fact, Conclusions of Law, Ruling of the Referee, Judgment and Decree, District Court, Water Division No. 1. (4) Three alternate points of diversion to the Wattenburg Reservoir Pump Station, one of the points of diversion for the Subject Water Rights, were approved by decree issued on June 1, 2015 in Case No. 2007CW30, Findings of Fact, Conclusions of Law, Judgment and Decree, District Court, Water Division No. 1. (b) Legal Description of Reservoir Structure. Located in the NE/4 of Section 25, Township 1 North, Range 67 West of the 6th P.M. and the NW/4 of Section 30, Township 1 North, Range 66 West of the 6th P. M., Weld County, Colorado. The approximate centroid of the Perry Pit East Reservoir is located in Section 25, Township 1 North, Range 67 West of the 6th P.M. at a point 862 feet south of the north section line and 78 feet west of the east section line of said Section 25; UTM Easting of 514520.9 and Northing of 4430772.8, Zone 13 North, NAD83. (c) Points of Diversion for Filling Perry Pit East Reservoir. (1) Wattenburg Reservoir Pump Station: On the west bank of the South Platte River in the NW/4 of Section 30, Township 1 North, Range 66 West of the 6th P. M., Weld County, Colorado. The approximate location of this point of diversion is 1,075 feet east of the west section line and 875 feet south of the north section line of said Section 30. Three alternate points of diversion to the Wattenburg Reservoir Pump Station were approved as decreed in Case No. 2007CW30, District Court, Water Division No. 1. These alternate points of diversion have been permitted, constructed and are located as follows: (i) Well No. 1 (Permit No. 62953-F): On the west bank of the South Platte River in the NW/4 of the NW/4 of Section 30, Township 1 North, Range 66 West of the 6th P. M., Weld County, Colorado, at a point approximately 120 feet south of the north section line and 975 feet east of the west section line of said Section 30. (ii) Well No. 2 (Permit No. 62954-F): On the west bank of the South Platte River in the NW/4 of the NW/4 of Section 30, Township 1 North, Range 66 West of the 6th P. M., Weld County, Colorado, at a point approximately 445 feet south of the north section line and 1,040 feet east of the west section line of said Section 30. (iii) Well No. 3 (Permit No. 62955-F): On the west bank of the South Platte River in the NW/4 of the NW/4 of Section 30, Township 1 North, Range 66 West of the 6th P. M., Weld County, Colorado, at a point approximately 710 feet south of the north section line and 920 feet east of the west section line of said Section 30. (2) Brighton Ditch Headgate: The Brighton Ditch headgate is located on the west bank of the South Platte River in the SE/4 of the SE/4 of the SE/4 of Section 11, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado. (3) Slough Ditch No. 1: In the NE/4 of Section 25, Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado, at a point located approximately 350 feet west of the east section line and 1,545 feet south of the north section line of said Section 25. (4) Slough Ditch No. 2: In the NE/4 of Section 25, Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado, at a point located approximately 2,462 feet west of the east section line and 2,670 feet north of the south section line of said Section 25. (d) Source. (1) Wattenburg Reservoir Pump Station, Well Nos. 1, 2 & 3, and the Brighton Ditch: South Platte River. (2) Slough Ditch Nos. 1 and 2: Wastewater, drainage water and overland flow. (e) Date of appropriation. December 31, 1997. (f) Storage Amounts. 1,400 acre-feet active capacity, CONDITIONAL. (g) Filling Rates. (1) Wattenburg Reservoir Pump Station, and Well Nos. 1, 2 & 3: 30 cfs. (2) Brighton Ditch: 60 cfs. (3) Slough Ditch No. 1: 5 cfs. (4) Slough Ditch No. 2: 3 cfs. (h) Uses. Augmentation, including replacement

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January 21, 2021J

Public Notices of evaporation from gravel pits owned or operated

by Applicant, irrigation, industrial use in gravel mining operations, on site recreation, fish propagation, wildlife habitat, dust suppression, and replacement and exchange for the above-referenced uses. Any augmentation or replacement use may only occur under a separate decreed augmentation plan of State Engineer approved substitute supply plan. Any exchange of water released from the Perry Pit East Reservoir must be approved by the State Engineer, the Division Engineer or their employees or agents. Lands to be irrigated consist of 40 acres in the NE/4 of Section 25, Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado. 4. Diligence Activities. The relevant diligence period for this case includes June 2013 through December 2020. Work done and funds expended by Applicant during the relevant diligence period toward completion of the appropriation included the following: (a) Consolidated expended approximately $90,017 for maintenance and operations of Perry Pit East Reservoir. (b) Consolidated expended over $200,000 for legal costs to defend Consolidated’s portfolio of water rights in water court actions filed by other parties. (c) Consolidated budgets and expends approximately $2 million per year for improvements to its water distribution system each year – in total about $12 million over the relevant diligence period. (d) In 2001, Consolidated entered into a 20-year purchase contract with Asphalt Paving Company for acquisition and development of storage capacity in Perry Pit East Reservoir.

During the relevant diligence period, Consolidated commenced negotiations for immediate possession of the Perry Pit East Reservoir property from Asphalt Paving Company to facilitate a faster schedule for mining and development of storage capacity. As of the end of year, 2017, all work to complete the storage capacity and related facilities was complete, and Consolidated fully owned the completed storage reservoir. (e) Consolidated entered into a 10-year Water Storage Lease Agreement with the Town of Ft. Lupton on June 26, 2012, which provided for a lease of 150 acrefeet of water storage capacity within Perry Pit East Reservoir as well as a lease of stored water for Ft. Lupton’s use. On April 10, 2013, Consolidated entered into the First Addendum to Water Storage Lease Agreement with the Town of Ft. Lupton, which provided for the lease of 300 additional acre-feet of water storage capacity within Perry Pit East Reservoir for Ft. Lupton’s use as well as a sale of 50 acre-feet of stored water to Ft. Lupton.

On October 17, 2016, Consolidated entered into the Second Addendum to Water Storage Lease Agreement with the Town of Ft. Lupton, which provided for draining of the reservoir so that excavation and lining of the entire reservoir could be completed. (f) On February 4, 2020, after completion of mining and lining the storage capacity available in the Perry Pit East Reservoir, Consolidated entered into a 12-year Water Storage Lease Agreement with the Town of Ft. Lupton for 912 acre-feet of water storage capacity and associated diversion facility capacity. Consolidated reserved 50 acre-feet of water storage capacity for its own use during the lease term. This Water Storage Lease Agreement also provides for sale of Consolidated’s stored water to Ft. Lupton upon demand at a pre-determined price. This Water Storage Lease Agreement terminated and supplanted all prior existing leases with Ft. Lupton.

Consolidated expended over $15,000 for staff, legal and engineering costs associated with negotiating and finalizing the Water Storage Lease Agreement, and managing the diversion and storage of water in Perry Pit East Reservoir. 5.

Claim to make absolute. Consolidated Mutual has maintained steady application of effort to complete the appropriation of the conditional portions of the Subject Water Rights up to and through the adjudication of continued diligence in Case Nos. 06CW133 and 13CW3052. This Application seeks to perfect a portion of the conditional Subject Water Rights. (a) During the period from December 19, 2007 through January 30, 2008, Consolidated diverted and stored 103.76 acre-feet at a maximum daily diversion rate of 3.21 cfs through Well Nos. 1, 2, & 3. 6. Name and address of potentially affected landowners: The property upon which Perry Pit East Reservoir, the point of diversion of the Slough Ditch No. 2 and Well Nos. 1, 2 and 3, and the Wattenberg Reservoir Pump Station are located is owned by the Applicant. The property upon which the point of diversion of the Slough Ditch No. 1 is located is owned by the City of Westminster, Director of Public Works, 4800 W. 92nd Ave., Westminster, Colorado 80030. The property upon which the Brighton Ditch Headgate is located is owned or controlled by the Brighton Ditch Company, 3286 WCR 23, Fort Lupton, Colorado 80621. (7 pages).

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

Legal Notice No. 707251 First Publication: January 21, 2021 Last Publication: January 21, 2021 Publisher: Westminster Window Public Notice DISTRICT COURT, WATER DIVISION 1, COLORADO DECEMBER 2020 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right applications and certain amendments filed in

the Office of the Water Clerk during the month of DECEMBER 2020 for each County affected.

20CW3206 CITY OF THORNTON, COLORADO, c/o Water Resources Division, 12450 Washington Street, Thornton, Colorado 80241. John P. Justus and Karoline M. Henning, Hoskin Farina & Kampf, P.C., 200 Grand Avenue, Suite 400, Post Office Box 40, Grand Junction, Colorado 81502. APPLICATION FOR SIMPLE CHANGE IN SURFACE POINT OF DIVERSION PURSUANT TO § 37-92-305(3.5), C.R.S. IN ADAMS COUNTY. 2. Decreed water rights for which change is sought: A. Name of diversion structure: South Platte River Diversion A for Rogers Pit. The Rogers Pit, including South Platte River Diversion A, have been constructed.

The as-constructed location of South Platte River Diversion A is approximately 500 feet downstream from the as-decreed location. The Rogers Pit (including the South Platte River Diversion A) originally was decreed in Case No. 91CW126.

Subsequently, South Platte River Diversion A also was decreed as an exchange-to point in Case No. 96CW1116, and it was decreed as a re-diversion point in Case No. 05CW10 for certain changed water rights. This simple change in point of diversion application seeks to change the location of South Platte River Diversion A from the point described in those decrees to the actual current location. B. Date of original and all relevant subsequent decrees: The following decrees were entered by the District Court, Water Division No. 1. i. Case No. 91CW126 – September 16, 2002, Diligence determined in Case No. 08CW205 – July 2, 2012; Diligence determined, and water right made partially absolute in Case No. 18CW3120 – September 12, 2019. ii. Case No. 96CW1116 –October 20, 2005, Diligence determined in Case No. 11CW203 – September 22, 2013, further diligence pending in 2019CW3181. iii. Case No. 05CW10 – May 13, 2013. C. Legal description of structure as described in most recent decree that adjudicated the location: The location has previously been described in all of the prior decrees as follows: South Platte River Diversion A: On the west bank of the South Platte River in the NE 1/4 of the NE1/4, Section 1, T1 S, R67W, 6th P.M., Adams County, at a point approximately 1,000 feet south and 50 feet west of the Northeast corner of said Section 1. D. Decreed sources of water: i.

From 91CW126: South Platte River including waters of the streams tributary thereto. Thornton will also store in the Rogers Pit Reservoir reusable municipal effluent and other fully consumable water which it owns or controls. ii. From 96CW1116: Water diverted from the South Platte River by exchange based on the following sources of substitute supply: (1) transmountain water rights of the Water Supply and Storage Company, in which Thornton is a shareholder, including water diverted or stored through the exercise of such right and the surface and subsurface return flows from the use of said rights (excluding, however, water and return flows attributable to the water right comprising the Colorado-Big Thompson Project); (2) reusable effluent and non-sewered (e.g., lawn irrigation) return flows, and (3) any other water rights or rights to water currently owned by or acquired by Thornton in the future to the extent that they are fully consumable or have been decreed for use as substitute supply at the time Thornton seeks to apply them to such use. iii. From 05CW10: Fully consumable water from the South Platte River attributable to water rights represented by 67.045 shares of the Burlington Company and 101.045 shares of the Wellington Company (together the “05CW10 Changed Shares”) after initial diversion at the New Burlington Headgate, and after measurement, released through release structures, and after stream conveyance, re-diverted under the terms of the 05CW10 Decree at the South Platte River Diversion A for Rogers Pit. E. Appropriation Dates: i.

From Case No. 91CW126: December 31, 1991 for storage right. ii. From Case No. 96CW1116: December 31, 1996 for exchanges. iii. From Case No. 05CW10: Not applicable as a point of subsequent re-diversion. F. Amounts Decreed to Structure: i. From Case No. 91CW126: The decreed maximum diversion rate from the South Platte River to Diversion A for Rogers Pit is 300 cfs. The amounts awarded to the Rogers Pit are: Conditional 371.43 acre-feet, Absolute 2128.57 acrefeet. ii. From Case No. 96CW1116: The decreed maximum rate of exchange to the South Platte River to Diversion A for Rogers Pit is 300 cfs. iii.

From Case No. 05CW10: Limited to fully consumable amounts legally available to Thornton pursuant to the 05CW10 Changed Shares at the point of re-diversion pursuant to the terms and conditions of paragraph 21.2 of the 05CW10 Decree.

G. Decreed use or uses: i. From Case No. 91CW126: “The water diverted under the water right will be used, directly or by exchange, for irrigation, agricultural, commercial, industrial and all municipal uses, including, but not limited to, domestic, mechanical, manufacturing, industrial, power generation, fire protection, sewage treatment, street sprinkling, irrigation of parks, lawns and grounds, recreation, piscatorial, maintenance and preservation of wildlife and aesthetic values, lake and reservoir evaporation, augmentation and replacement, adjustment and regulation of Thornton’s water supply system, including further exchange within Thornton’s system and with other water users.” ii. From Case No. 96CW1116: “The place of use is the service area of the City of Thornton,” described in paragraph 6 of the 96CW1116 Decree, “as it now exists and as it may exist in the future, and the lands of other water users in the South Platte River Basin (including, but not limited to, the Cache la Poudre River Basin) to whom Thornton may release water in satisfaction of replacement or return flow obligations.” “The water diverted pursuant to the exchanges [to the South Platte River to Diversion A for Rogers Pit] for which the substitute supply is fully consumable water will be used directly or by exchange or substitution, for irrigation, agricultural, commercial, industrial and all municipal uses, including, but not limited to, domestic, mechanical, manufacturing, industrial, power generation, fire protection, sewage treatment, street sprinkling, irrigation of parks, lawns and grounds, recreation, piscatorial, maintenance and preservation of wildlife and aesthetic values, lake and reservoir evaporation, augmentation and replacement, adjustment and regulation of Thornton’s water supply system, including further exchange within Thornton’s system and with other water users. Thornton may fully consume such water used through its municipal system and may do so by direct use, storage and subsequent release, reuse, successive use, further exchange and disposition to the same extent Thornton is entitled to consume the sources of substitute supply provided for exchange. Following

one or more uses, Thornton may use this water as substitute supply and to meet replacement or other obligations for any of its other decreed water rights. iii. From Case No. 05CW10: Thornton will use the water in the Thornton service area as it now exists and as it may exist in the future for all municipal uses, including, but not limited to, domestic, manufacturing, industrial, commercial, mechanical, fire protection, sewage treatment, street sprinkling, watering of parks, lawns, gardens and other public spaces, irrigation, recreation, piscatorial, preservation of wildlife and aesthetic values, replacement of lake and reservoir evaporation. Thornton may divert, store, and use the water directly, by and for exchange, augmentation, substitution, replacement or otherwise, to maximize its lawful use. Thornton will account for all return flows as required by the 05CW10 Decree and will reuse, successively use, dispose of, and/ or otherwise apply all water to extinction. The effluent or other returns, such as from lawn irrigation, that is discharged or released by Thornton attributable to the exercise of the water rights represented by the 05CW10 Changed Shares shall have associated with it the same rights of use, reuse, successive use, and disposition, once all return flow obligations have been met. The 05CW10 Decree did not approve any appropriative right of exchange, but rather, allows use of the water rights represented by the 05CW10 Changed Shares, including effluent from use of the 05CW10 Changed Shares, in any lawful exchange, in the manner and under the terms of any such exchange, including, but not limited to, the exchanges decreed in consolidated Case Nos. 86CW401, 86CW402, 86CW403, and 87CW332 (“Thornton Northern Project”), Case No. 96CW1116, 02CW180, 08CW82 and pending application 04CW350, all in Water Division 1, to the extent permitted by the decrees entered in those cases. H. Amount of water that applicant intends to change: i. From Case No. 91CW126: 300 cfs. ii. From Case No. 96CW1116: 300 cfs. iii.

From Case No. 05CW10: The right to divert any amount that may be legally available from the water rights represented by the 05CW10 Changed Shares at the South Platte River to Diversion A for Rogers Pit pursuant to the terms and conditions of paragraph 21.2 of the 05CW10 Decree. 3.

Detailed description of proposed change in a surface point of diversion: A. The Rogers Pit and South Platte River Diversion A have been constructed. The as-constructed location of South Platte River Diversion A is approximately 500 feet downstream from the as-decreed location. There are no points of diversion or inflows within the reach between the as-decreed and as-constructed locations. The rate of flow and amount of water diverted at the as-constructed location will not exceed the decreed rate of flow or amount. The requested simple change in point of diversion will not injuriously affect the owner of, or persons entitled to use water, under a vested water right or decreed conditional water right. B. Public Land Survey System (PLSS): As confirmed by the decree in Case No.18CW3120, the as-constructed point of diversion is located on the west bank of the South Platte River in the NE1/4 of the NE1/4, Section 1, T1S, R67W, 6th P.M., Adams County, at a point approximately 500 feet south and 150 feet west of the northeast corner of said section.

Further, in the decree in Case No. 18CW3120, the Court stated: “[t]he Court finds that diversion at this as-built location, which is approximately 500 feet downstream from the decreed location, did not cause injury and the difference in location is immaterial for purposes of making the water right absolute.” C. Point(s) of Diversion: Location information in UTM format: Zone 13 S, Easting 514649.72, Northing 4427665.34 (NAD 83). 4.

Name(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion structure, or modification to any existing diversion structure is or will be constructed. The applicant, City of Thornton, owns the land upon which the as-constructed South Platte River Diversion A is located. Application is 6 pages.

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

Legal Notice No. 707252 First Publication: January 21, 2021 Last Publication: January 21, 2021 Publisher: Westminster Window Public Notice DISTRICT COURT, WATER DIVISION 1, COLORADO DECEMBER 2020 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right applications and certain amendments filed in the Office of the Water Clerk during the month of DECEMBER 2020 for each County affected.

20CW3193 1. APPLICANT: CITY OF THORNTON, INFRASTRUCTURE DEPARTMENT, DIVISION OF WATER RESOURCES, 12450 N. Washington St., Thornton, CO 80241, 720-977-6600. Joanne Herlihy, Esq., City of Thornton, 9500 Civic Center Dr., Thornton, CO 80229, (303) 538-7210. VERIFIED APPLICATION FOR SEXENNIAL FINDING OF REASONABLE DILIGENCE IN ADAMS AND JEFFERSON COUNTIES. 2. Name of Exchange.

2.1. Clear Creek – South Platte Exchange (Burlington—Wellington Shares) 3. Description of conditional water right. At any time when, there is a call senior to March29, 1983 on the South Platte

River downstream from the confluence of the South Platte River and Clear Creek (“Confluence”), located in Section 36, Township 2 South, Range 68 West of the 6th P.M., in Adams County, Colorado, and at no other times, Thornton shall be entitled to deliver water to the Confluence by foregoing diversions or making releases under the water exchange right identified in Paragraph 2.1 as more specifically described below: 3.1. Clear Creek – South Platte Exchange (Burlington—Wellington Shares). 3.1.1. Point of Diversion by Exchange. 3.1.1.1. Lower Clear Creek Ditch, the headgate of which is located on the left bank of Clear Creek in Section 4, Township 3 South, Range 68 West, of the 6th P.M., in Adams County, Colorado. Water diverted through the Lower Clear Creek Ditch under the exchange decreed in 83CW81 shall be used by direct use and by storage in, and subsequent release from, West Gravel Lakes, located in Section 30, Township 2 South, Range 67 West of the 6th P.M., and Sections 25 and 26, Township 2 South, Range 68 West of the 6th P.M., all in Adams County, Colorado.

3.1.2.Substitute Supplies and Methods of Release.

3.1.2.1. Water rights represented by shares and pro rata water rights owned by Thornton in the Burlington Ditch, Reservoir and Land Company (“Burlington Company”) at the time of the application made in Case No. 83CW81 as identified in Attachments A and B thereto, reattached hereto and incorporated herein by reference. Thornton’s Burlington Company water rights shall be made available to the South Platte River at the Confluence as sources of substitute supply under this exchange by turning water out of the Burlington Ditch and/or making releases from storage in Duck Lake and/or Tani Lakes (a.k.a. East Gravel Lakes).

3.1.2.2. Water rights represented by shares and pro rata water rights owned by Thornton in the Wellington Reservoir Company at the time of the application made in Case No. 83CW81 as identified in Attachments C and D thereto, reattached hereto and incorporated herein by reference.

Thornton’s Wellington Reservoir Company water rights shall be made available to the South Platte River at the Confluences as sources of substitute supply under this exchange by turning water out of the Burlington Ditch and/or making releases from storage in Wellington Reservoir and/or Tani Lakes (a.k.a. East Gravel Lakes). 3.1.3. Appropriation Date. March 29, 1983. 3.1.4. Source. The source of the Points of Diversion by Exchange is Clear Creek. The source of substitute supplies is the South Platte River. 3.1.5. Amount. Up to 49.5 cfs, CONDITIONAL. 3.1.6. Uses. All municipal uses, including domestic, mechanical, manufacturing, industrial, power generation, fire protection, use for sewage treatment, street sprinkling, irrigation of parks, lawns and grounds, recreation, piscatorial, agricultural uses within the Thornton service area, maintenance and preservation of wildlife and aesthetic values, and replacement, adjustment and regulation, including exchange and augmentation, of among and with units of the Thornton municipal water system and other water users and other water rights. At times, not all of the water delivered to the Confluence under the replacement Water Rights will be water which Thornton has the right to fully consume. Thornton shall at all times be entitled to consume the same amount of water diverted under the Exchanges as the amount of decreed fully consumable water being simultaneously delivered to the Confluence under the Replacement Water Rights. Thornton shall be limited to only one use of water diverted under the Exchanges in the same amount as decreed single-use water is simultaneously delivered to the Confluence under the Replacement Water Rights. To the extent that Thornton has the decreed right to fully consume water diverted under the Exchanges, Thornton shall be entitled to fully consume such water by direct use, storage and subsequent release, reuse, successive use, further exchange and disposition. 3.2. Subsequent decrees awarding findings of diligence: Since the Original Decree was entered November 9, 1990, timely applications for findings of reasonable diligence have been filed in accordance with Colorado law and the following diligence decrees have been entered: 3.2.1. Case No. 96CW278 (January 7, 1998), District Court, Water Division 1. 3.2.2.

Case No. 04CW15 (November 14, 2007), District Court, Water Division 1. In Case No. 04CW15, the Court decreed 21.70 cfs of the Clear Creek – South Platte Exchange (South Park water rights) absolute and entered a finding of diligence on the remaining 33.08 cfs and continued the right as conditional. 3.2.3. Case No. 13CW3135 (December 3, 2014), District Court, Water Division 1. In Case No. 13CW3135, upon notice of abandonment by Thornton, the Court ordered the remaining conditional portion (33.08 cfs) of the Clear Creek – South Platte Exchange (South Park water rights) abandoned. The Court entered a finding of diligence on the Clear Creek – South Platte Exchange (Burlington—Wellington Shares) and continued the 49.5 cfs right as conditional. 4.

Detailed outline of what has been done toward completion, including expenditures: From December 1, 2013 through December 31, 2020, Thornton performed the following work and incurred the following costs, all or in part, concerning the remaining conditional portion of the Clear Creek – South Platte Exchange (Burlington—Wellington Shares), including work and expenditures on specific structures integral to the diversion and use of the Clear Creek – South Platte Exchange (Burlington—Wellington Shares), and on Thornton’s integrated water supply system within which the Clear Creek – South Platte Exchange (Burlington—Wellington Shares) will be placed to beneficial use. The work done and costs incurred set forth below are illustrative and not exhaustive and Thornton reserves the right to present evidence of additional diligence costs and activities.

4.1.1. Ditch Company Assessments: Thornton paid approximately $234,000 for its share ownership in the Burlington Company and the Wellington Reservoir Company. Thornton paid approximately $788,000 in assessments and carriage fees for its share ownership and contract rights in the Lower Clear Creek Ditch Company and Colorado Agricultural Ditch Company. 4.1.2. West Gravel Lake Pump Station: Thornton has spent approximately $126,000 on several critical electrical upgrades at the West Gravel Lakes pump station.

4.1.3. Water Quality Sampling Program: During the relevant diligence period, Thornton spent a total of approximately $1,020,000 on water quality monitoring and sampling of its Clear Creek raw water collection system including the West Gravel Lakes. 4.1.4. Wes Brown Water Treatment Plant (WBWTP) Projects: The water rights subject of the exchange can be treated at WBWTP prior to being distributed to Thornton customers. During the diligence period, several projects occurred at the WBWTP including membrane replacement,

clarifier repairs, and process improvements. Approximately $11.5 million was spent on these projects. 4.1.5. Thornton Water Treatment Plant (TWTP) Projects: The water rights subject of the exchange can be treated at TWTP prior to being distributed to Thornton customers. During the diligence period, Thornton spent approximately $94.6 million toward the construction of the new Thornton Water Treatment Plant. 4.1.6. Water Court: The City has actively participated in water court proceedings, and has appeared in approximately 109 water court cases as an objector in order to protect the water rights decreed in Case No. 81CW451. Legal and engineering costs incurred relating to the protection of Thornton’s Clear Creek and South Platte River water rights portfolio, including the Clear Creek – South Platte Exchange (Burlington—Wellington Shares) right, during the diligence period spent in excess of $600,000. 5. Claim to make absolute: N/A. 6.

Names and addresses of owners of land upon which new diversion or storage structures will be built, owners of existing structures which may require modification and owners of land upon which water is or will be stored: No new diversion or storage structures are necessary and no existing structures need modification for operation of this water right. Applicant is the owner of land upon which water is or will be stored under this decree. WHEREFORE, Applicant respectfully requests entry of a judgment and decree of this Court that: 1. The Applicant has diligently pursued completion of the remaining conditional portion of the Clear Creek – South Platte Exchange (Burlington—Wellington Shares) decreed in Case No. 83CW81, and that such remaining portion of the subject water right to be continued as a conditional water right for a period of six years after entry of the Court’s decree herein; and 2. For such other relief as the Court deems just and proper. (7 pages).

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

YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or an amended application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, a verified Statement of Opposition, setting forth facts as to why the application should not be granted, or why it should be granted only in part or on certain conditions. Such Statement of Opposition must be filed by the last day of FEBRUARY 2021 (forms available on www. courts.state.co.us or in the Clerk’s office) and must be filed as an Original and include $192.00 filing fee. A copy of each Statement of Opposition must also be served upon the Applicant or Applicant’s Attorney and an affidavit or certificate of such service of mailing shall be filed with the Water Clerk.

Legal Notice No. 707248 First Publication: January 21, 2021 Last Publication: January 21, 2021 Publisher: Westminster Window Public Notice DISTRICT COURT, WATER DIVISION 1, COLORADO DECEMBER 2020 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1

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

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

Jessica R. Brody, General Counsel, Daniel J. Arnold, No. 35458, James M. Wittler, No. 44050, Andrew J. Hill, No. 47896. APPLICATION FOR PARTIAL CHANGE OF WATER RIGHT, RIGHT OF SUBSTITUTION, AND CONDITIONAL APPROPRIATION OF RETURN FLOWS IN JEFFERSON, DOUGLAS, ADAMS, ARAPAHOE, BROOMFIELD, AND DENVER COUNTY. 2.

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

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

Ct., May 27, 1919). ix. Concerning the Revised Abandonment List of Water Rights in Water Division No. 1, Case No. 11CW263 (Water Division 1, January 30, 2013). d. Points of Diversion: i. House Bill No. 140: “. . . from the bed of the South Platte

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Public Notices river at any point . . . between the Platte canon and the mouth of Cherry Creek, and also . . . from the bed of Cherry creek at any point within six miles of its mouth….” ii. CA 791 Decree: A point situated in the southwest quarter of the southeast quarter (S.W. 1/4 of S.E. 1/4) of Section 14, Township 6 South, Range 69 West of the 6th Principal Meridian, from whence the southeast corner of the southwest quarter of the southeast quarter (S.W. 1/4 of S.E. 1/4) of said Section 14 bears north 89 degrees 47 minutes 30 seconds east 188.6 feet in said Douglas County, State of Colorado, as generally depicted in Exhibit A. iii. Chatfield Reservoir Dam and Manifold: The existing point of diversion is now the Chatfield Reservoir Dam and Manifold. The center line of the manifold intersects the center line of the dam at a point whence the SW Corner of Section 1, Township 6 South, Range 69 West of the 6th P.M., Jefferson County, bears North 49 decrees a distance of 4,070 feet. Due to the construction of Chatfield Reservoir Dam and Manifold, the point of diversion decreed in CA 791 is within the high water line and a portion of the ditch alignment was inundated by the reservoir.

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

The Foothills Tunnel consists of a 10-foot 6-inch finished inside diameter concrete lined tunnel connecting an intake structure located within the Strontia Springs Reservoir to a cement-mortar lined steel pipeline (Conduit No. 26), which in turn connects to the headwork structure of the Foothills Water Treatment Plant. ii. The Conduit 20 Intake diverts water from the South Platte River at a point on the southwest bank of the South Platte River in Jefferson County, from which the north quarter corner of Section 5, Township 7 South, Range 69 West of the 6th P.M., bears north 17 degrees, 20 minutes, 21 seconds west, a distance of 3,056.9 feet. iii. The Platte Canon – Last Chance Ditch.

The headgate of the Platte Canon – Last Chance Ditch is located on the north bank of said South Platte River in Jefferson County, whence the east quarter corner of Section 34, Township 6 South, Range 69 West of the Sixth P.M., according to the United States Government Survey, bears south 86 degrees 30 minutes east at a distance of approximately 2,140 feet. iv. The Burlington Ditch approach channel, which diverts and delivers water to the original Burlington headgate as located on the east bank of the South Platte River, in the NE1/4 of the SW1/4, Section 14, T3S, R68W, 6th P.M., in Adams County, Colorado, 2,456 feet east of the west line of the southwest quarter and 2,347 feet north of the south line of said southwest quarter of Section 14. v. The headgate of the Fulton Ditch as it is currently located on the east bank of the South Platte River in the NE1/4 of the SE1/4, in Section 17, T2S, R67W, 6th P.M., Adams County, Colorado, at a point approximately 2,815 feet south and 145 feet west of the NE corner of said Section 17. vi. The Lupton Lakes Complex proposed point of diversion, which is presently planned to be located within the Northwest 1/4 of Section 19, Township 1 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado. c. Places of Storage: Denver Water will place the Subject Water Right in storage in the following locations. i. Antero Reservoir: Situated on Sections Fourteen (14), Fifteen (15), Sixteen (16), Seventeen (17), Eighteen (18), Nineteen (19), Twenty (20), Twenty-one (21), Twenty-two (22), Twenty-

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

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

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

2003CW129, Water Division 1, December 27, 2006. v. Western Metals Augmentation Plan, Case No. 2004CW062, Water Division 1, December 8, 2004. vi. Fairmount Cemetery Augmentation Plan, Case No. W-8698-77, as amended by the decrees in Case Nos. 90CW212, Water Division 1, and 94CW068, Water Division 1. vii. Cherry Creek Park Well Augmentation Plan, Case No. 1989CW198, Water Division 1, October 24, 2006. viii. Martin Marietta Augmentation Plan, Case No. 1991CW097, Water Division 1, January 12, 1995.

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

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

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

Hodgson Ditch, Case No. 91CW102, appropriation date of June 1, 1861 – Priority No. 3. h. Harriman Ditch, Case No. 91CW103, appropriation dates of March 16, 1869 - Priority No. 23; May 1, 1871 Priority No. 25; March 1, 1882 - Priority No. 30. i.

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

Hamilton-Cabin Creek Ditch, Extension and Enlargement of HamiltonCabin Creek Ditch, Meadow Creek Reservoir, Water District No. 51, Grand County, C.A. No. 657, appropriation Date of July 2, 1932. r. Laramie Fox Hills-1 Well, Case No. 88CW149 WD 1 and Permit Nos. 32363-F and 35393-F. s. South Platte Gravel Pit Storage Right, Case No. 2001CW286

WD1 as amended in Case No. 2013CW3056 WD1, appropriation date of December 28, 2001. t. Denver Metro Wells, Case No. 2003CW186 WD1, for right to withdraw nontributary and notnontributary water from the Arapahoe, Upper Arapahoe, and Laramie-Fox Hills Aquifers. u.

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

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

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

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

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

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

United States of America, State of Colorado Parks Dept, 1313 Sherman St, Suite 618, Denver, CO 80203. b. City Ditch, City of Englewood, ATTN: Alex Dorotik, Englewood Civic Center, 1000 Englewood Parkway, Englewood, CO 80110. Peter Nichols, Berg Hill Greenleaf Ruscitti LLP, 1712 Pearl Street, Boulder, CO 80302. c. Rueter-Hess Reservoir, Parker Water and Sanitation District, 18100 East Woodman Avenue, Parker, CO 80134. d. Burlington Ditch, Burlington Ditch, Reservoir and Land Company, 80 South 27th Avenue, Brighton, CO 80601. Farmers Reservoir and Irrigation Company, 80 South 27th Avenue, Brighton, CO 80601. Wellington Reservoir Company, 80 South 27th Avenue, Brighton, CO 80601. Henrylyn Irrigation District, 29490 County Road 14, Keenesburg, CO 80643. e. Fulton Ditch, Fulton Irrigating Ditch Company, 25 South 4th Avenue, Brighton, CO 80601. f. Lupton Lakes Complex Diversion Location, Hunt Brothers Properties Inc., c/o Asphalt Specialties Company Inc., 10100 Dallas Street, Henderson, CO 80640-8491.

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

Legal Notice No. 707250 First Publication: January 21, 2021 Last Publication: January 21, 2021 Publisher: Westminster Window Public Notice DISTRICT COURT, WATER DIVISION 1, COLORADO DECEMBER 2020 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1

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

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

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

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

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

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

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

Claim for Conditional Surface Water Rights. 3.1 Names of Structures: SP Diversions. 3.1.1 Legal Description: Applicants will construct one or more alternate points of diversion to be located on the east bank of the South Platte River in Section 24 and/or Section 13, T.5N., R.55W., of the 6th P.M. in Morgan County, Colorado The map attached hereto as Exhibit C depicts the reach within the above-described sections where the diversion structures are proposed to be constructed. The specific locations of the structures will be chosen upon a more detailed assessment of hydrology and geomorphology. 3.1.2Source: South Platte River. 3.1.3 Date of Appropriation: December 31, 2020. 3.1.4 How Appropriation Was Initiated: By the formation of an intent to appropriate, together with overt acts manifesting that intent including but not limited to conducting site investigations, negotiating with the owners of the described points of diversion, studying the feasibility of the Water

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January 21, 2021J

Public Notices Project, forming the Authority, entering into the co-applicant agreement, negotiating and drafting agreements to construct and finance the water infrastructure necessary to put the subject water rights to beneficial use, and the filing of this application. 3.1.5 Dated Applied to Beneficial Use: N/A – Conditional Right. 3.1.6 Amount Claimed: 200 c.f.s. cumulative, conditional, to be diverted at the SP Diversions described in Paragraph 3.1.1 as alternate points of diversion. Applicants will provide exact descriptions of the points of diversion in subsequent applications for diligence or to make the right absolute. 3.1.7 Uses: All municipal purposes, including without limitation water treatment, treated water storage, domestic uses, fire protection, irrigation, commercial and industrial uses, recreational purposes, drought protection purposes, and fish and wildlife propagation, agricultural uses (including but not limited to livestock watering), industrial uses for mineral development, storage, and exchange and augmentation purposes, for use, reuse, and successive use until extinction. The location of use will be any area capable of being served by these diversion and storage points or any area within the existing or future service areas of Authority members located in Adams, Arapahoe, and Weld counties and any area in which Authority members contract to provide treated or raw water service, including but not limited to Adams, Arapahoe, Boulder, Morgan, and Weld counties. These uses will be made: (1) by direct use following diversion at the SP Diversions described in Paragraph 3.1.1 and delivery by pipeline to Bennett (via Bennett Reservoir) or to points of re-diversion described in Paragraph 3.1.7.2; (2) after storage, including successive storage, in the new reservoirs described below in Paragraphs 4 and 5 and/or the existing Mann Lakes, J.B. Smith, and Signal Reservoir Nos. 1 and 2 described below (which, other than direct delivery into Mann Lakes, will be accomplished by release into and re-diversion from the South Platte River at the locations described in Paragraphs 3.1.7.1 and 3.1.7.2); or (3) after storage in Mann Lakes Reservoir and delivery via pipeline to the Town of Bennett (via Bennett Reservoir). 3.1.7.1 Release Points: 3.1.7.1.1 BennT Creek Release Point: A point in the SE1/4 of the NE1/4 of Section 34, T.1S., R.67W., of the 6th P.M., 2,187 feet from the North Section Line and 510 feet from the East Section Line of said Section 34, in Adams County, Colorado, as shown in Exhibits D and E. 3.1.7.1.2 Mann Lakes Reservoir: Mann Lakes is located in Section 34 and the SE1/4 of Section 33, all in Township 1 South, Range 67 West of the 6th P.M., in Adams County, Colorado. The outlet for Mann Lakes is located in SE1/4 of the NE1/4 of Section 34, Township 1 South, Range 67 West of the 6th P.M. at a point approximately 2,392 feet from the North Section line and 1,049 feet from the East Section line of said Section 34 as shown Downin Exhibits D and E. 3.1.7.2 stream Re-Diversion Points (see Exhibit E): 3.1.7.2.1 TCVS-01: A point in the NE1/4 of the SE1/4 of Section 1, Township 1 South, Range 67 West, of the 6th P.M., 1,704 feet from the South Section Line and 496 feet from the East Section Line of said Section 1, in Adams County, Colorado.

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

3.1.7.2.3 WSP-1: A point in the SW1/4 of the SW1/4 of Section 19, T.1N., R.66W., of the 6th P.M., 85 feet from the South Section Line and 1,118 feet from the West Section Line of said Section 19, in Weld County, Colorado. 3.1.7.2.4 WSP-2: A point in the SE1/4 of the SW1/4 of Section 30, T.1N., R.66W., of the 6th P.M., 592 feet from the South Section Line and 1,875 feet from the West Section Line of said Section 30, in Weld County, Colorado. 3.1.7.2.5 WSP-3: A point in the NE1/4 of the NW1/4 of Section 31, T.1N., R.66W., of the 6th P.M., 723 feet from the North Section Line and 1,886 feet from the West Section Line of said Section 31, in Weld County, Colorado.

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

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

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

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

3.1.7.3.3 Signal Reservoir No. 2: The center of the dam is located in the SW1/4 NE1/4 Section 4, T.1S., R.67W., 6th P.M., Adams County, Colorado, 1,493 feet from the North Section line and 2,190 feet from the East Section line of said Section 4, in Adams County, Colorado. 3.1.7.3.4 S i g n a l Reservoir No. 3: The centroid of the reservoir is located at a point in the SE1/4 of the NE1/4 of Section 4, T.1S., R.67W., of the 6th P.M., 1,238

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

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

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

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

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

If the GB-1 Reservoir utilizes porosity storage, it will be located in alluvial aquifer material of depths averaging approximately 85 feet, surrounded by a man-made impermeable barrier keyed to bedrock. The impermeable barrier will encompass the entirety of the GB-1 Reservoir. Applicants will fill the underground storage reservoir by artificial means with water diverted under the subject appropriations, as well as other water to which the Applicants acquire rights. Applicants do not claim the groundwater in situ prior to installation of the impermeable barrier, which will be quantified and delivered to the river in time, location, and amount through direct discharge, after consultation with and approval of the Division Engineer. Applicants will remove water from storage in the GB-1 Reservoir via dewatering wells located inside the perimeter of the impermeable barrier and connected to one or more pipelines that release water to other structures or to the South Platte River, as described in this application. None of the dewatering wells have been constructed and Applicants have not yet filed well permit applications for any of the wells at this time. None of the wells will be located in a designated basin, will divert non-tributary water, or will be required to be permitted pursuant to C.R.S. § 37-90-137(4). The current configuration depicted on Exhibit F is based upon currently-available data and mapping and is subject to change. Applicants reserve the right to enlarge the storage structure based on additional data and surveys. 4.2 Beaver Creek Surface Reservoir 4.2.1 Location: An off-channel, excavated and lined reservoir, the centroid of which is located at a point in SE1/4 of the NE1/4 of Section 16, T.2N., R.56W., of the 6th P.M., 2,290 feet from the North Section Line, 936 feet from the East Section Line of said Section 16, in Morgan County, Colorado. See map attached as Exhibit G. 4.2.2 Points of Diversion: The SP Diversions, described in Paragraph 3.1.1 above. 4.2.3 Source: Surface flows in the South Platte River through the SP Diversions surface intakes, delivered via pump and pipeline. The maximum rates of diversion through these structures to storage and for direct flow combined are described in Paragraph 3.1.6. 4.2.4 Date of Appropriation: December 31, 2020. 4.2.5 How Appropriation was Initiated: See Paragraph 3.1.4. 4.2.6 Dated Applied to Beneficial Use: N/A – Conditional Right. 4.2.7 Amount Claimed: 80,900 acre-feet, subject to the actual site-specific storage space available but not to exceed 130% of this claimed amount, conditional, with a right to refill. 4.2.8 Uses: See Paragraph 3.1.7. These uses will be made: (1) after storage; (2) after storage and delivery via pumps and pipeline to Sand Arroyo Reservoir, Bennett Reservoir, Mann Lakes Reservoir, or Beaver Creek Porosity Reservoir as described in Paragraphs 4 and 5 for subsequent use; or (3) after storage and release to the South Platte River at the points specified in Paragraph 3.1.7.1, and re-diversion at the points specified in Paragraph 3.1.7.2 for use or for subsequent storage in the structures specified in Paragraph 3.1.7.3. 4.2.9 Surface Area of High Water Line: Approximately 1,000 acres.

4.2.10 Dam Height: N/A – Excavated Reservoir.

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

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

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

4.3.4 Date of Appropriation: December 31, 2020.

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

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

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

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

4.4.4 Date of Appropriation: December 31, 2020.

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

4.5.6 Dated Applied to Beneficial Use: N/A – Conditional Right. 4.5.7 Amount Claimed: 1,970 acre-feet, conditional, with a right to successively refill. 4.5.8 Uses: See Paragraph 3.1.7. These uses will be made: (1) after storage; (2) after conveyance to, storage in, and release from yetto-be constructed storage structures located in Weld County to serve an expanded service area; or (3) after release to the South Platte River at the point specified below in Paragraph 4.5.8.1 and re-diversion at points of diversion WSP-1 through WSP-5 described in Paragraph 3.1.7.2. 4.5.8.1 Release Point to South Platte River: At point located in the NE1/4 of the SE1/4 Section 1, Township 1 South, Range 67 West, 1,530 feet from the South Section line, 500 feet from the East Section line. 4.5.9 Surface Area of High Water Line: Approximately 58 acres. 4.5.10 Dam Height: N/A – Excavated Reservoir. 4.5.11 Length of Dam: N/A – Excavated Reservoir. 4.5.12 Total Capacity: 1,970 acre-feet. 4.5.13 Remarks: Water may also be delivered to and stored in Signal Reservoir No. 3 after release from storage in the structures described in Paragraphs 4.1 – 4.3, 4.7, and 5.1.

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

4.7.4 Date of Appropriation: December 31, 2020.

4.7.5 How Appropriation was initiated: See Paragraph 3.1.4. 4.7.6 Dated Applied to Beneficial Use: N/A – Conditional Right. 4.7.7 Amount Claimed: 3,741 acre-feet, conditional, with a right to successively refill. 4.7.8 Uses: See Paragraph 4.5.8. The aforementioned uses will be made: (1) after direct delivery into storage; (2) after storage and delivery via pumps and pipeline to Bennett

Reservoir; or (3) after release to the South Platte River at the point specified in Paragraph 3.1.7.1.2 and re-diversion at points of diversion TCVS-01, TCVS-02, and WSP-1 through WSP-11 described in Paragraph 3.1.7.2. 4.7.9 Surface Area of High Water Line: Approximately 160 acres (45 acres in Mann Lake No. 1, 59 acres in Mann Lake No. 2, 56 acres in Mann Lake No. 3). 4.7.10 D a m Height: N/A – Excavated Reservoir. 4.7.11 Length of Dam: N/A – Excavated Reservoir. 4.7.12 Total Capacity: 3,741 acre-feet. 4.7.13 Remarks: Water may also be delivered to and stored in Mann Lakes Reservoir after release from storage in the structures described in Paragraphs 4.1 – 4.4 and 5.1.

5. Claim for Conditional Porosity Storage Rights.

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

5.1.4 Date of Appropriation: December 31, 2020.

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

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

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

Applicants will fill the underground storage reservoir by artificial means with water diverted under the subject appropriations, as well as other water to which the Applicants acquire rights. Applicants do not claim the groundwater in situ prior to installation of the impermeable barrier, which will be quantified and delivered to the river in time, location, and amount through direct discharge, after consultation with and approval of the Division Engineer. Applicants will remove water from storage in the Beaver Creek Porosity Reservoir via dewatering wells located inside the perimeter of the impermeable barrier and connected to one or more pipelines that release water to other structures or to the South Platte River, as described in Paragraph 5.1.8. None of the dewatering wells have been constructed and Applicants have not yet filed well permit applications for any of the wells at this time. None of the wells will be located in a designated basin, will divert non-tributary water, or will be required to be permitted pursuant to C.R.S. § 37-90-137(4). The current configuration depicted on Exhibit G is based upon currentlyavailable data and mapping and is subject to change. Applicants reserve the right to enlarge the storage structure based on additional data and surveys. 6. Name and Address of Owners or Reputed Owners of the Land Upon Which Any New or Existing Diversion or Storage Structure, or Modification Thereof, Is or Will Be Located: 6.1 State of Colorado Board of Land Commissioners 1313 Sherman St, Rm 620 Denver, CO 80203 6.2 Randy Fiscus and Lynn Dilley PO Box 803 Brush, CO 80723 6.3 Kamp Cattle Company c/o Norma Beamer PO Box 395 Eaton, CO 80615 6.4 Weitzel Land LLC 28271 Co Rd L Brush, CO 80723 6.5 Prairie Sands Farm LLC 8503 HWY 71 Brush, CO 80723 6.6 Leo D- L E August c/o Patrick J Gebauer 15488 Co Rd 57 Hillrose, CO 80733 6.7 Stephen & Joann Cecil PO Box 102 Fort Morgan, CO 80701 6.8 Patrick J Gebauer 15488 Co Rd 57 Hillrose, CO 80733 6.9 Gary A Branberg PO Box 231 Brush, CO 80723 6.10 Morgan County REA PO Box 738 Fort Morgan, CO 80701 6.11 State of Colorado 1525 Sherman St 2nd Floor Denver, CO 80203-1714 6.12 Dennis D & Connie S Hawes 14998 Co Rd B Fort Morgan, CO 80701 6.13 Ronny D & Barbara K Hawes 719 Sherman St Fort Morgan, CO 80701 6.14 Linnebur Grain & Buffalo LLLP 74600 HWY 36 Byers, CO 80103 6.15 Dixie Water LLC 400 Poydras St, Ste 2100 New Orleans, LA 70130 6.16 State of Colorado Dept of Nat Res, Division of Wildlife 122 E Edison St Brush, CO 80723 6.17 State of Colorado Dept of Nat Res, Division of Wildlife 6060 Broadway Denver, CO 80216 6.18 Adams County 4430 South Adams County Parkway Brighton, CO 80601 6.19 Robert L Seltzer Family Trust 33641 County Road 83 Briggsdale, CO 80611-7808 6.20 Martin Marietta Materials, Inc. c/o Baden Tax Management P.O. Box 8040 Fort Wayne, IN 46898-8040 6.21 CAMAS Colorado Inc. c/o Aggregate Industries-WCR Inc. 1687 Cole Blvd., Ste. 300 Golden, CO 80401-3318 6.22 Denis B. Clanahan Trustee 1837 S. Bellaire St., Ste. 1401 Denver, CO 80222-4359 6.23 A g g re gate Industries-WCR Inc. 1687 Cole Blvd., Ste. 300 Golden, CO 80401-3318 6.24 Asphalt Specialties Co. Inc. 10100 Dallas Street Henderson, CO 80640 6.25 City of Brighton 500 S 4th Ave Brighton, CO 80601-3165 6.26 City of Aurora 15151 E Alameda Parkway 5th Floor Aurora, CO 80012 6.27 Adams County Attn: Kurt Carlson 9755 Henderson Road Brighton, CO 80601 6.28 South Adams County Water and Sanitation District Attn: Kip Scott 6595 East 70th Avenue P.O. Box 597 Commerce City, Colorado 80037 6.29 New Brantner Extension Ditch Company c/o Brice Steele, Esq. 25 South 4th Avenue Brighton, CO 80601 6.30 The Brantner Ditch Company c/o

Marc Pedrucci, Secretary 9755 Henderson Road Brighton, CO 80601 6.31 E-470 Highway Authority 22470 Stephen D. Hogan Parkway #110 Aurora, CO 80018

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

YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or an amended application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, a verified Statement of Opposition, setting forth facts as to why the application should not be granted, or why it should be granted only in part or on certain conditions. Such Statement of Opposition must be filed by the last day of FEBRUARY 2021 (forms available on www. courts.state.co.us or in the Clerk’s office) and must be filed as an Original and include $192.00 filing fee. A copy of each Statement of Opposition must also be served upon the Applicant or Applicant’s Attorney and an affidavit or certificate of such service of mailing shall be filed with the Water Clerk.

Legal Notice No. 707254 First Publication: January 21, 2021 Last Publication: January 21, 2021 Publisher: Westminster Window

Storage Liens/Vehicle Titles Public Notice

The following individuals are hereby notified that we will be applying for the title and their abandoned vehicle is to be sold.

Red’s Towing, Inc. 5702 Lipan St Denver, CO 80216 303-733-7809 1) 2002 Honda: 2) 2009 SCION: 3) 2005 PONTIAC: 4) 2011 HYUNDAI: 5) 2004 NISSAN: 6) 1998 TOYOTA:

VIN ENDING A036916 VIN ENDING 3012878 VIN ENDING Z430719 VIN ENDING H210908 VIN ENDING W807639 VIN ENDING Z087761

Legal Notice No.: 707260 First Publication: January 21, 2021 Last Publication: January 21, 2021 Publisher: Northglenn-Thornton Sentinel Public Notice Bear Enterprise Towing has these vehicles for sale for money owed.

1) 99 Ford PU A78831 2) 01 Audi Quattro 001646 3) 05 Chevy Trailblazer 288512 Contact BJ Rodgers: 720-621-0233 Legal Notice No.: 707274 First Publication: January 21, 2021 Last Publication: January 21, 2021 Publisher: Northglenn-Thornton Sentinel ______________________________________ Public Notice

Stor-N-Lock Self Storage #15 in accordance with C.R.S. 28-21.5-103, herby gives notice of sale, to-wit: closing on February 7th at 10 am ONLINE at StorageTreasures.com, will conduct a sale for each unit in its entirety to the highest bidder for cash. Seller reserves the right to refuse any bid and to withdraw any property from the sale.

The public is invited to bid on the said units. Sale is being conducted in order to satisfy landlord’s lien in Accordance with Article 21.5, Title 38, Colorado Revised Statues 1973, as amended.

Unit # 3040 Alexis Rathmann Unit size: 10x10 Contents: Mattresses, Bed Frame, Table, Chairs, Picture Décor, Baskets, Totes, Home Décor, Misc. Items Legal Notice No. 707238 First Publication: January 21, 2021 Last Publication: January 28, 2021 Publisher: Northglenn-Thornton Sentinel

Notice to Creditors Public Notice NOTICE TO CREDITORS Estate of Walter Gonzales, Deceased Case Number: 2020PR31021

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

Carmen Hartman, Personal Representative 8116 Crookneck Dr. Angier, North Carolina 27501 Legal Notice No. 707217 First Publication: January 7, 2021 Last Publication: January 21, 2021 Publisher: Northglenn-Thornton Sentinel PUBLIC NOTICE NOTICE TO CREDITORS Estate of Nancy Gay Wright, Deceased Case Number: 2020 PR 345

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

Larry Wright, Personal Representative 2407 Antrim Irish Drive Henderson, NV 89044 Legal Notice No. 707234 First Publication: January 14, 2021 Last Publication: January 28, 2021 Publisher: Northglenn-Thornton Sentinel

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Public Notices Public Notice NOTICE TO CREDITORS Estate of William F. Tomek, AKA William Frank Tomek, AKA William Tomek, AKA Bill F. Tomek, AKA Bill Frank Tomek, AKA Bill Tomek.

Deceased Case Number: 2020PR030932 All persons having claims against the above named estate are required to present them to the personal representative or to the District Court of Adams, County, Colorado on or before May 14, 2021, or the claims may be forever barred.

Darci Gerdes, Attorney at Law 1635 Foxtrail Drive #339 Loveland, CO 80538 Legal Notice No. 707240 First Publication: January 14, 2021 Last Publication: January 28, 2021 Publisher: Northglenn-Thornton Sentinel Public Notice NOTICE TO CREDITORS Estate of Veronica Mary LeDoux, aka Veronica M. LeDoux, aka Veronica LeDoux, Deceased Case Number: 2020 PR 31081 All persons having claims against the abovenamed estate are required to present them to the personal representative or to the District Court of Adams County, Colorado on or before May 21, 2021, or the claims may be forever barred.

Michelle D. Sterkel, Personal Representative c/o Katz, Look & Onorato, P.C. 1120 Lincoln Street, Suite 1100 Denver, Colorado 80203 Legal Notice No. 707247 First Publication: January 21, 2021 Last Publication: February 4, 2021 Publisher: Northglenn-Thornton Sentinel PUBLIC NOTICE NOTICE TO CREDITORS Estate of Shirley Ann Coburn, aka Shirley A. Coburn, aka Shirley Coburn, Deceased Case Number: 2020 PR 347 All persons having claims against the abovenamed estate are required to present them to the Personal Representative or to the District Court of Adams County, Colorado on or before May 21, 2021, or the claims may be forever barred.

Richard D. Coburn Jr., Personal Representative 3820 E. 127th Avenue Thornton, Colorado 80241 Legal Notice No. 707263 First Publication: January 21, 2021 Last Publication: February 4, 2021 Publisher: Northglenn-Thornton Sentinel Public Notice NOTICE TO CREDITORS Estate of Ralph Wilmot Moore II, aka Ralph W. Moore II, aka Ralph Moore II, aka Ralph Wilmot Moore, aka Ralph W. Moore, aka Ralph Moore , Deceased Case Number: 2021 PR 30027 All persons having claims against the abovenamed estate are required to present them to the personal representative or to District Court of Adams County, Colorado on or before May 21, 2021, or the claims may be forever barred.

Carol Beckler, Personal Representative 9841 Pennsylvania Drive Thornton CO 80029 Legal Notice No. 707273 First Publication: January 21, 2021 Last Publication: February 4, 2021 Publisher: Northglenn-Thornton Sentinel Public Notice NOTICE TO CREDITORS Estate of ANTOINETTE MASSIMINO, a/k/a ANTOINETTE P. MASSIMINO, a/k/a ANTOINETTE PAULA MASSIMINO, Deceased Case Number: 2020PR30969 All persons having claims against the abovenamed estate are required to present them to the personal representative or to the District Court of Adams County, Colorado on or before May 7th, 2021, or the claims may be forever barred. /s/ signature on original in office Signature of Attorney for Person Giving Notice Amorita Martelli, Personal Representative c/o: BOATRIGHT, RIPP & LUSK, LLC 4315 Wadsworth Blvd.

Wheat Ridge, CO 80033 Ph: 303-423-7134 Legal Notice No. 707225 First Publication: January 7, 2021 Last Publication: January 21, 2021 Publisher: Northglenn-Thornton Sentinel Public Notice

Last Publication: February 4, 2021 Publisher: Northglenn-Thornton Sentinel PUBLIC NOTICE NOTICE TO CREDITORS Estate of Renaldo Negron, Deceased Case Number: 2020 PR 267 All persons having claims against the abovenamed estate are required to present them to the Personal Representative or to the District Court of Adams County, Colorado on or before May 21, 2021, or the claims may be forever barred.

Lilia M. Vasquez Personal Representative 20 Crews Street, Unit 727 Totowa, NJ 07511 Legal Notice No. 707261 First Publication: January 21, 2021 Last Publication: February 4, 2021 Publisher: Northglenn-Thornton Sentinel Public Notice NOTICE TO CREDITORS Estate of RACHEL ESTHER MONROE, a/k/a RACHEL E. MONROE, a/k/a RACHEL MONROE, Deceased Case Number: 2020PR031096 All persons having claims against the above named estate are required to present them to the personal representative or to Adams County District Court, State of Colorado on or before May 24, 2021, or the claims may be forever barred.

Linda Sue Monroe-Howell, Personal Representative of The Estate of Rachel Esther Monroe 15334 Roslyn Street Thornton, CO 80602 Jeremy P. Cohen, Esq., Atty. Reg. #:15942 Attorney for Personal Representative Burns, Figa & Will, P.C. 6400 S. Fiddlers Green Circle, Ste. 1000 Greenwood Village, CO 80111 Phone Number: (303) 796-2626 FAX Number: (303) 796-2777 E-mail: jcohen@bfwlaw.com Legal Notice No. 707275 First Publication: January 21, 2021 Last Publication: February 4, 2021 Publisher: Northglenn-Thornton Sentinel PUBLIC NOTICE NOTICE TO CREDITORS Estate of Sharon Ann Heinze, aka Sharon A. Heinze Mills, aka Sharon A. Heinze, aka Sharon Heinze, Deceased Case Number: 2020 PR 108 All persons having claims against the abovenamed estate are required to present them to the Personal Representative or to the District Court of Adams County, Colorado on or before May 21, 2021, or the claims may be forever barred.

Nancy S. German, Esq. Attorney to the Personal Representative 600 17th Street, Suite 2800 South Denver, Colorado 80202 Legal Notice No. 707258 First Publication: January 21, 2021 Last Publication: February 4, 2021 Publisher: Northglenn-Thornton Sentinel

First Publication: January 14, 2021 Last Publication: January 28, 2021 Publisher: Northglenn-Thornton Sentinel Public Notice NOTICE TO CREDITORS Estate of Mary Hellen Walzak, also known as Mary Helen Walzak, also known as Mary H. Walzak, also known as Mary Walzak, Deceased Case Number: 2021PR30007 All persons having claims against the abovenamed estate are required to present them to the personal representative or to District Court of Adams County, Colorado on or before May 21, 2021, or the claims may be forever barred.

Personal Representative: William Davis 9668 Lou Drive Northglenn, CO 80260-5537 Legal Notice No. 707266 First Publication: January 21, 2021 Last Publication: February 4, 2021 Publisher: Northglenn-Thornton Sentinel PUBLIC NOTICE NOTICE TO CREDITORS Estate of Walter Edward Kahler, Sr., aka Walter E. Kahler, Sr., aka Walter E. Kahler, aka Walter Kahler. Deceased Case Number: 2020 PR 31115 All persons having claims against the abovenamed estate are required to present them to the Personal Representative or to the District Court of Adams County, Colorado on or before May 14th, 2021, or the claims may be forever barred.

Patricia Rankin, Esq. 600 17th Street, Suite 2800 South Denver, Colorado 80202 Attorney to the Personal Representative Legal Notice No. 707235 First Publication: January 14, 2021 Last Publication: January 28, 2021 Publisher: Northglenn-Thornton Sentinel Public Notice NOTICE TO CREDITORS Estate of Joanne Mary Dwinell, aka Joanne M. Dwinell, aka Joanne Dwinell, Deceased Case Number: 2020PR31150 All persons having claims against the above named estate are required to present them to the personal representative or to District Court of AdamsCounty, Colorado on or before May 21, 2021, or the claims may be forever barred.

Ronna J. Suppes, Personal Representative Robert G. Frie (1796) Frie, Arndt, Danborn & Thiessen P.C. 7400 Wadsworth Blvd., #201 Arvada, Colorado 80003 303/420-1234 Attorney for Personal Representative Legal Notice No. 707251 First Publication: January 14, 2021 Last Publication: January 28, 2021 Publisher: Northglenn-Thornton Sentinel PUBLIC NOTICE

Public Notice

NOTICE TO CREDITORS Estate of Jordan K. Sawdo, Deceased Case Number: 2020 PR 31100

NOTICE TO CREDITORS ESTATE OF RUTH F. SPANO, A/K/A RUTH FRANCIS SPANO, A/K/A RUTH SPANO, Deceased Case Number: 2020PR31151

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

All persons having claims against the above named estate are required to present them to the personal representative or to the District Court of Adams County, Colorado on or before May 9, 2021 or the claims may be forever barred.

Sandra D. Spano Personal Representative PO Box 40, Henderson, CO 80640 Legal Notice No. 707211 First Publication: January 7, 2021 Last Publication: January 21, 2021 Publisher: Northglenn-Thornton Sentinel Public Notice NOTICE TO CREDITORS Estate of Arturo Solorio Hernandez, Deceased Case Number: 20PR31169 All persons having claims against the above named estate are required to present them to the personal representative or to the District Court of Adams County, Colorado on or before May 7, 2021, or the claims may be forever barred.

Ruben Solorio, Personal Representative 9654 East 105th Avenue Henderson, CO 80640 Legal Notice No. 707216 First Publication: January 7, 2021 Last Publication: January 21, 2021 Publisher: Northglenn-Thornton Sentinel PUBLIC NOTICE

NOTICE TO CREDITORS Estate of Fred Valenciano, a/k/a Fred P Valenciano, Deceased Case Number: 2020PR31163

NOTICE TO CREDITORS Estate of Dolores J. Smith, aka Dolores Josephine Smith, aka Dolores Smith, Deceased Case Number: 2020 PR 31108

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

All persons having claims against the abovenamed estate are required to present them to the Personal Representative or to the District Court of Adams County, Colorado on or before May 18, 2021, or the claims may be forever barred.

Michael Valenciano, Personal Representative 6860 Ivanhoe St Commerce City, CO 80022

Marilyn Stepp, Personal Representative 19108 E. Carmel Circle Aurora, Colorado 80011

Legal Notice No. 707259 First Publication: January 21, 2021

Legal Notice No. 707245

John C. Stewart Attorney to the Personal Representative 1660 S. Albion Street, No. 918 Denver, Colorado 80222 Legal Notice No. 707224 First Publication: January 7, 2021 Last Publication: January 21, 2021 Publisher: Northglenn-Thornton Sentinel PUBLIC NOTICE NOTICE TO CREDITORS Estate of Mary L. Anthony, aka Mary Anthony, Deceased Case Number: 2020 PR 31097 All persons having claims against the abovenamed estate are required to present them to the Personal Representative or to the District Court of Adams County, Colorado on or before June 13, 2021, or the claims may be forever barred.

Susan Crawford Personal Representative 22148 Mitch Road Bogalusa, Louisiana 70427 Legal Notice No. 707272 First Publication: January 21, 2021 Last Publication: February 4, 2021 Publisher: Westminster Window Public Notice Adams County Justice Center 1100 Judicial Center Dr. Brighton, CO 80601 In the Matter of the Estate of: JEFFERY BEE NANNEY, a/k/a JEFFERY B. NANNEY, a/k/a JEFFERY NANNEY, Deceased Attorney for Petitioner, Misty Stickley: John D. Konz JORGENSEN, BROWNELL & PEPIN, P.C. 8001 Arista Place, Suite 415 Broomfield, CO 80021 Phone: 303-678-0560 Fax: 303-678-0615 Email: jkonz@jbplegal.com Atty. Reg.#: 50187 Case Number: 2020 PR NOTICE OF NON-APPEARANCE HEARING

BY PUBLICATION PURSUANT TO C.R.S. §§ 15-10-401, 15-12-1303 To all interested persons and owners by descent or succession: A Petition for the Determination of Heirs and Interests in Property has been filed alleging that Jeffery B. Nanney died leaving the following property: Description of Property Real Property – Decedent’s Residence

Douglas W. Brown, Esq. Attorney to the Personal Representative Brown Dunning Walker Fein, PC 2000 S. Colorado Blvd, Tower 2, Ste 700 Denver, CO 80222 Legal Notice No. 707213 First Publication: January 7, 2021 Last Publication: January 21, 2021 Publisher: Northglenn-Thornton Sentinel PUBLIC NOTICE

Wells Fargo Bank Account ending in 3511 Location of Property Legal Description: The North 60 feet of Lot 15, Block 5, ROSEWOOD SUBDIVISION, County of Adams, State of Colorado.

Also known by street and number as 7240 Utica Street, Westminster, Colorado 80030 Wells Fargo Bank

NOTICE TO CREDITORS Estate of Jeanette Joyce Rossi Garinger, aka Jeanette J. Rossi Garinger, aka Gege Garinger, Deceased Case Number: 2020 PR 31148

All persons having claims against the abovenamed estate are required to present them to the Personal Representative or to the District Court of Adams County, Colorado on or before May 9th, 2021, or the claims may be forever barred.

Daniel T. Goodwin, Esq. Attorney to the Personal Representative

Decedent’s Interest 100% 100% The non-appearance hearing on the petition will be held at the following time and location or at a later date to which the hearing may be continued: Date: March 5, 2021 Time: 8:00 a.m.

Address: 1100 Judicial Center Dr., Brighton, CO 80601

Law Offices of Daniel T. Goodwin 10901 W. 120th Ave., Suite 350 Broomfield, Colorado 80021 Legal Notice No. 707214 First Publication: January 7, 2021 Last Publication: January 21, 2021 Publisher: Northglenn-Thornton Sentinel Public Notice NOTICE TO CREDITORS Estate of Carmen R. Garcia, a/k/a Carmen Ramona Garcia a/k/a Carmen Garcia, Deceased Case Number: 2020PR31073

Legal Notice No. 707231 First Publication: January 14, 2021 Last Publication: January 28, 2021 Publisher: Westminster Window Public Notice NOTICE TO CREDITORS Estate of Nancy Michael Fullerton, Deceased Case No. 2021PR30038 All persons having claims against the abovenamed estate are required to present them to the Personal Representative or to the Adams County District Court on or before May 21, 2021 or the claims may be forever barred.

Michele Rodriguez, Personal Representative c/o CHAYET & DANZO, LLC 650 S. Cherry St., #710 Denver, CO 80246 (303) 355-8500

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

Gina M. Garcia, Personal Representative 860 E 132nd Circle Thornton, CO 80241 Legal Notice No. 707236 First Publication: January 14, 2021 Last Publication: January 28, 2021 Publisher: Northglenn-Thornton Sentinel Public Notice NOTICE TO CREDITORS Estate of Alberta Antoinette Long, a/k/a Alberta A. Long, a/k/a Alberta Long, and Antoinette Long, Deceased Case Number: 2020PR031107

Legal Notice No. 707278 First Publication: January 21, 2021 Last Publication: February 4, 2021 Publisher: Northglenn-Thornton Sentinel Public Notice NOTICE TO CREDITORS Estate of NICHOLAS ZETTLER, a/k/a NICK ZETTLER, Deceased Case Number: 2020PR31051 All persons having claims against the above named estate are required to present them to the personal representative or to District Court of Adams County, Colorado on or before May 7, 2021, or the claims may be forever barred.

Melissa Redford, Personal Representative c/o Werth Law LLC, P.O. Box 808, Brighton, CO 80601 Legal Notice No. 707212 First Publication: January 7, 2021 Last Publication: January 21, 2021 Publisher: Westminster Window

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

Charles Long, Personal Representative c/o Law Office of Byron K. Hammond, LLC 4500 Cherry Creek Drive South, Suite 960 Denver, CO 80246 Legal Notice No. 707219 First Publication: January 7, 2021 Last Publication: January 21, 2021 Publisher: Northglenn-Thornton Sentinel Public Notice

Public Notice

NOTICE TO CREDITORS Estate of James K. McCauley, Jr., Deceased Case Number: 2020PR31113

NOTICE TO CREDITORS Estate of James H. Davis, aka James Howard Davis, aka James Davis, Deceased Case Number: 2020PR31166

All persons having claims against the above named estate are required to present them to the personal representative or to District Court of Adams County, Colorado on or before April 30, 2021, or the claims may be forever barred.

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

Jennifer P. Zellers, Personal Representative c/o Katz, Look & Onorato, P.C. 1120 Lincoln Street, Suite 1100 Denver, CO 80203 Legal Notice No. 707226 First Publication: January 7, 2021 Last Publication: January 21, 2021 Publisher: Northglenn-Thornton Sentinel

Joni McCauley-Neville, Personal Representative Paul R. Danborn (24528) Frie, Arndt, Danborn & Thiessen P.C. 7400 Wadsworth Blvd., #201 Arvada, Colorado 80003 303/420-1234 Attorney for Personal Representative Legal Notice No. 707264 First Publication: January 21, 2021 Last Publication: February 4, 2021 Publisher: Northglenn Thornton Sentinel

Name Changes

Public Notice NOTICE TO CREDITORS Estate of Joseph Troy Fine, Deceased Case Numbe: 2021 PR 30037

PUBLIC NOTICE

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

Sarah P. Brooks Attorney for Personal Representative 11001 West 120th Ave. #400 Broomfield, CO 80021

Public Notice of Petition for Change of Name

Public notice is given on November 18, 2020 that a Petition for a Change of Name of an adult has been filed with the Adams County Court.

The petition requests that the name of Savanah LeSech be changed to Savanah Dunn Case No.: 20 C 1585 By: Deputy Clerk

Legal Notice No. 707276 First Publication: January 21, 2021 Last Publication: February 4, 2021 Publisher: Northglenn-Thornton Sentinel

Legal Notice No. 707228 First Publication: January 7, 2021 Last Publication: January 21, 2021 Publisher: Northglenn-Thornton Sentinel

Public Notice

PUBLIC NOTICE

NOTICE TO CREDITORS Estate of Marian A. Bruns, Deceased Case Number: 20PR31165

OF PETITION FOR CHANGE OF NAME

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

Public Notice is given on December 31, 2020, that a Petition for a Change of Name of a Minor Child has been filed with the Adams County District Court.

The Petition requests that the name of Jesus Fernando Valdez, Jr.

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January 21, 2021J

Public Notices be changed to Jesus Trevizo.

Case Number: 20CV31252

Armelle Glade Ngoma be changed to Glad Armelle Mackson Case No.: 20 C 1700

By: /s/ Sunshine Martin, Deputy Clerk

By: /s/ Sunshine Martin Clerk of Court / Deputy Clerk

Legal Notice No. 707230 First Publication: January 14, 2021 Last Publication: January 28, 2021 Publisher: Northglenn-Thornton Sentinel

Legal Notice No. 707277 First Publication: January 21, 2021 Last Publication: February 4, 2021 Publisher: Northglenn-Thornton Sentinel

PUBLIC NOTICE Public Notice of Petition for Change of Name

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Public notice is given on January 12, 2021, that a Petition for a Change of Name of an adult has been filed with the Adams County Court.

Every day, the government makes decisions that can affect your life. Whether they are decisions on zoning, taxes, new businesses or myriad other issues, governments play a big role in your life.

Governments have relied on

Facts do not cease to exist b ybecause g they are ignored.

- Aldous Huxley

newspapers like this one to publish public notices since the birth of the nation. Local newspapers remain the most trusted source of public notice information. This newspaper publishes the information you need to stay involved in your community.

Notices are meant to be noticed.

Read your public notices and get involved!

The petition requests that the name of

Adams County Warrants Public Notice Adams County Warrants: January 11, 2021 through January 15, 2021 GENERAL FUND Supplier Name ADAMS COUNTY ECONOMIC DEVELOP ADVANCED URGENT CARE AND OCC M CINA & CINA FORENSIC CONSULTIN G4S SECURE SOLUTIONS USA INC ADAMS COUNTY ECONOMIC DEVELOP ADVANCED URGENT CARE AND OCC M BENNETT TOWN OF DE LONE LAW INC G4S SECURE SOLUTIONS USA INC NICHEVISION FORENSICS LLC NORTH METRO TASK FORCE BRANTNER DITCH CO AAA PEST PROS AB LITIGATION SERVICES ADAMS COUNTY SHERIFF ADCO DISTRICT ATTORNEY’S OFFIC APPLEONE EMPLOYMENT SERVICES ARAMARK REFRESHMENT SERVICES ARBITRAGE COMPLIANCE SPECIALIS ARMORED KNIGHTS INC BACA BARBARA BENNETT SCHOOLS BENNETT TOWN OF BI INCORPORATED BODDY MATT PAUL BODIE ENGER LAW TRUST BRIGHTON CITY OF (WATER) BRIGHTON CITY OF (WATER) BRIGHTON CITY OF (WATER) CLEARWAY ENERGY GROUP LLC CLIFTONLARSONALLEN LLP COLO DIST ATTORNEY COUNCIL COLO GEOLOGICAL SURVEY COLORADO MOISTURE CONTROL INC COMMERCIAL CLEANING SYSTEMS COPYCO QUALITY PRINTING INC CORECIVIC INC COUNTY OF ADAMS -007 PRO FORMA COUNTY SHERIFFS OF COLO CRAIG D JOHNSON & ASSOCIATES DAVIS TROY DEEP ROCK WATER DELL MARKETING LP DELTA DENTAL OF COLORADO DENVER REGIONAL COUNCIL OF EL PASOCOUNTY DEPT OF HUMAN S EXDO MANAGEMENT LLC FALCONE REFRIGERATION INC FEDERIC PRINTING RRD FIDELITY NATL TITLE INS CO FRANK J BALL GABRIEL, ROEDER, SMITH & COMPA GALLS LLC GAM ENTERPRISES INC GOVERNMENTJOBS.COM INC GOVERNOR’S OFFICE OF IT HILL & ROBBINS HIMMELMAN CONSTRUCTION INC HOFFER MICHELLE L HUBBS BRANDON INDUSTRIAL PIPE SOLUTIONS INTERMOUNTAIN REA JCOR MECHANICAL INC JUSTICE BENEFITS INC K&H INTEGRATED PRINT SOLUTIONS KAISER PERMANENTE KORBY LANDSCAPE LLC LANGUAGE LINE SERVICES

Warrant Date Amount 1/12/12/2021 125,000.00 1/12/12/2021 29,475.00 1/12/12/2021 20,050.00 1/12/12/2021 24,303.03 1/12/15/2021 140,000.00 1/12/15/2021 146,005.00 1/12/15/2021 111,474.00 1/12/15/2021 1,800.00 1/12/15/2021 5,992.38 1/12/15/2021 86,000.00 1/12/15/2021 221,924.00 1/12/14/2021 6,140.00 1/12/14/2021 1,785.00 1/12/14/2021 648.14 1/12/14/2021 1,823.77 1/12/14/2021 44.72 1/12/14/2021 2,700.80 1/12/14/2021 133.97 1/12/14/2021 250.00 1/12/14/2021 3,061.00 1/12/14/2021 2,500.00 1/12/14/2021 500.00 1/12/14/2021 79.05 1/12/14/2021 18,780.52 1/12/14/2021 66.00 1/12/14/2021 15.00 1/12/14/2021 2,038.45 1/12/14/2021 414.36 1/12/14/2021 1,806.58 1/12/14/2021 829.82 1/12/14/2021 9,000.00 1/12/14/2021 690.30 1/12/14/2021 2,700.00 1/12/14/2021 433.00 1/12/14/2021 3,035.29 1/12/14/2021 599.70 1/12/14/2021 915.00 1/12/14/2021 664.66 1/12/14/2021 17,911.00 1/12/14/2021 80.00 1/12/14/2021 723.12 1/12/14/2021 67.47 1/12/14/2021 111,481.15 1/12/14/2021 14.54 1/12/14/2021 62,300.00 1/12/14/2021 32.00 1/12/14/2021 179.00 1/12/14/2021 315.00 1/12/14/2021 100.00 1/12/14/2021 10,000.00 1/12/14/2021 19.00 1/12/14/2021 13,500.00 1/12/14/2021 3,947.01 1/12/14/2021 3,136.98 1/12/14/2021 47,849.23 1/12/14/2021 2,237.22 1/12/14/2021 1,952.00 1/12/14/2021 656.85 1/12/14/2021 200.00 1/12/14/2021 19.00 1/12/14/2021 126,276.23 1/12/14/2021 22.25 1/12/14/2021 200,260.00 1/12/14/2021 1,408.00 1/12/14/2021 37.58 1/12/14/2021 10,427.72 1/12/14/2021 11,006.50 1/12/14/2021 1,459.23

LEVERSEE THOMAS F LCSW LIMA PEDRO F LONG BUILDING TECHNOLOGIES INC LOWER CLEAR CREEK DITCH MARTIN MARTIN CONSULTING ENGIN MASCOT METROPOLITAN INC MAXSON ENGINEERING LLC MCGUINN CONOR MATTHEW MENDOZA VICTORIA E METRO FENCE COMPANY MORGAN COUNTY REA MOTOROLA SOLUTIONS INC MWI VETERINARY SUPPLY CO NATIONAL INSTITUTE FOR CHANGE NICOLETTI-FLATER ASSOCIATES NOREX INC NORTH METRO FIRE RESCUE NORTHGLENN AMBULANCE NORTHSIDE EMERGENCY PET CLINIC ORACLE AMERICA INC PATTERSON VETERINARY SUPPLY IN PHS RENT LLC PITNEY BOWES RESERVE ACCOUNT PITNEY BOWES RESERVE ACCOUNT PITNEY BOWES RESERVE ACCOUNT PROFESSIONAL MEDICAL COPIES IN PUSH PEDAL PULL INC QUICKSILVER EXPRESS COURIER REACHING HOPE RECREATION PLUS LTD REPUBLIC SERVICES #535 RMDIAI ROCKY MOUNTAIN SIGNING CO INC SECURE HORIZONS SHRED IT USA LLC SOUTH ADAMS WATER & SANITATION STOKES AND WOLF STRASBURG SANITATION SWIRE COCA-COLA USA SYMMETRY BUILDERS INC SYMMETRY ENERGY SOLUTIONS LLC TRANSCRIBING SOLUTIONS LLC TRI COUNTY HEALTH DEPT TRI COUNTY HEALTH DEPT TRI COUNTY HEALTH DEPT U-HAUL CREDIT ADMINISTRATION UNITED HEALTHCARE UNITED POWER (UNION REA) UNITED POWER (UNION REA) UNITED POWER (UNION REA) UNITED POWER (UNION REA) UNITED POWER (UNION REA) UNITED POWER (UNION REA) UNITED POWER (UNION REA) UNITED POWER (UNION REA) UNITED POWER (UNION REA) UNITED POWER (UNION REA) VERIZON WIRELESS VLASSIS NICOLE WESTERN STATES ARTS FEDERATION WRIGHTWAY INDUSTRIES INC XCEL ENERGY XCEL ENERGY XCEL ENERGY XCEL ENERGY XCEL ENERGY XCEL ENERGY XCEL ENERGY XCEL ENERGY XCEL ENERGY XCEL ENERGY XCEL ENERGY COLORADO DOBER SOCIETY INC Fund Total

1/12/14/2021 300.00 1/12/14/2021 204.85 1/12/14/2021 721.40 1/12/14/2021 6,075.00 1/12/14/2021 6,800.00 1/12/14/2021 2,672.50 1/12/14/2021 4,850.00 1/12/14/2021 875.00 1/12/14/2021 357.50 1/12/14/2021 2,798.00 1/12/14/2021 221.37 1/12/14/2021 108,824.00 1/12/14/2021 4,181.82 1/12/14/2021 140.00 1/12/14/2021 928.00 1/12/14/2021 5,360.00 1/12/14/2021 123,664.00 1/12/14/2021 338.10 1/12/14/2021 115.00 1/12/14/2021 42,047.78 1/12/14/2021 294.00 1/12/14/2021 132.00 1/12/14/2021 2,500.00 1/12/14/2021 5,000.00 1/12/14/2021 31,000.00 1/12/14/2021 28.73 1/12/14/2021 450.00 1/12/14/2021 142.90 1/12/14/2021 4,132.50 1/12/14/2021 1,917.25 1/12/14/2021 3,148.87 1/12/14/2021 150.00 1/12/14/2021 4,810.00 1/12/14/2021 1,550.00 1/12/14/2021 300.00 1/12/14/2021 128.44 1/12/14/2021 19.00 1/12/14/2021 178.02 1/12/14/2021 1,393.44 1/12/14/2021 116,547.82 1/12/14/2021 18,347.52 1/12/14/2021 33.00 1/12/14/2021 4,200.00 1/12/14/2021 6,214.86 1/12/14/2021 479.33 1/12/14/2021 20.00 1/12/14/2021 7,950.00 1/12/14/2021 7,241.00 1/12/14/2021 19,400.00 1/12/14/2021 2,942.36 1/12/14/2021 4,715.26 1/12/14/2021 793.97 1/12/14/2021 20.62 1/12/14/2021 7,601.53 1/12/14/2021 17,252.81 1/12/14/2021 68.00 1/12/14/2021 15,779.25 1/12/14/2021 3,113.47 1/12/14/2021 1,776.45 1/12/14/2021 700.00 1/12/14/2021 173.56 1/12/14/2021 851.55 1/12/14/2021 3,477.64 1/12/14/2021 8,992.55 1/12/14/2021 6,981.40 1/12/14/2021 6,735.46 1/12/14/2021 560.59 1/12/14/2021 678.35 1/12/14/2021 1,042.51 1/12/14/2021 5,792.71 1/12/14/2021 4,482.46 1/12/14/2021 1,707.31 1/12/15/2021 5,000.00 2,251,719.43

CAPITAL FACILITIES FUND CAN AMERICAN DRILLING MWI VETERINARY SUPPLY CO Fund Total

1/12/14/2021 1/12/14/2021

5,736.00 153.91 5,889.91

GOLF COURSE ENTERPRISE FUND PROFESSIONAL RECREATION MGMT I PROFESSIONAL RECREATION MGMT I AAA PEST PROS BUCKEYE WELDING SUPPLY CO INC DXP ENTERPRISES INC INTERSTATE BATTERY OF ROCKIES SUNBELT RENTALS Fund Total

1/12/12/2021 9,000.00 1/12/15/2021 33,733.81 1/12/14/2021 45.00 1/12/14/2021 30.60 1/12/14/2021 56.40 1/12/14/2021 104.85 1/12/14/2021 2,698.21 45,668.87

EQUIPMENT SERVICE FUND ACS MANAGEMENT LLC ASBURY CO CDJR LLC FACTORY MOTOR PARTS INSIGHT AUTO GLASS LLC MCCANDLESS INTL TRUCKS OF COLO PRECISE MRM LLC SAM HILL OIL INC WEX BANK Fund Total

1/12/14/2021 4,268.00 1/12/14/2021 22,182.00 1/12/14/2021 8,344.21 1/12/14/2021 1,168.12 1/12/14/2021 118,740.00 1/12/14/2021 5,376.00 1/12/14/2021 30,827.93 1/12/14/2021 974.39 191,880.65

STORMWATER UTILITY FUND QUANTUM WATER & ENVIRONMENT DREXEL BARRELL & CO Fund Total

1/12/12/2021 13,943.00 1/12/14/2021 29,351.25 43,294.25

ROAD & BRIDGE FUND LAND TITLE GUARANTEE COMPANY MARTIN MARIETTA MATERIALS INC ARVADA CITY OF AURORA CITY OF BENNETT TOWN OF BRIGHTON CITY OF COMMERCE CITY CITY OF FEDERAL HEIGHTS CITY OF MOUNTAIN CONSTRUCTORS INC NORTHGLENN CITY OF THORNTON CITY OF WESTMINSTER CITY OF BFI TOWER ROAD LANDFILL CHATO’S CONCRETE LLC DESIGN WORKSHOP EST INC ICON ENGINEERING INC INTEGRITY TRAFFIC HOLDING COMP KUMAR & ASSOCIATES INC MARINI DIESEL INC ROCKSOL CONSULTING GROUP INC SCHWERTFEGER FRANK H STANTEC CONSULTING CORPORATION ULTEIG ENGINEERS INC W L CONTRACTORS INC Fund Total

1/12/2021 50,934.00 1/12/12/2021 617,751.37 1/12/15/2021 20,322.22 1/12/15/2021 255,409.39 1/12/15/2021 12,015.29 1/12/15/2021 148,318.80 1/12/15/2021 190,969.59 1/12/15/2021 28,969.01 1/12/15/2021 30,555.65 1/12/15/2021 86,399.35 1/12/15/2021 356,568.33 1/12/15/2021 183,217.74 1/12/14/2021 2,883.00 1/12/14/2021 509,274.69 1/12/14/2021 30,781.58 1/12/14/2021 69,436.80 1/12/14/2021 8,371.35 1/12/14/2021 3,260.00 1/12/14/2021 2,127.50 1/12/14/2021 7,227.00 1/12/14/2021 79,760.30 1/12/14/2021 3,900.00 1/12/14/2021 15,548.30 1/12/14/2021 6,488.64 1/12/14/2021 5,815.88 2,726,305.78

INSURANCE FUND THE TABEN GROUP DELTA DENTAL OF COLO UNITED HEALTH CARE INSURANCE C ADAMS COUNTY COMBINED COURT ADAMS COUNTY RETIREMENT PLAN BAKKEN CHRISTEN CAREHERE LLC

1/12/12/2021 900.00 1/12/15/2021 49,484.20 1/12/15/2021 195,591.38 1/12/14/2021 1,691.87 1/12/14/2021 470.62 1/12/14/2021 540.00 1/12/14/2021 46,000.02

DELTA DENTAL OF COLORADO FIRST AMERICAN ADMINISTRATORS FIT SOLDIERS LLC HENDERSON CONSULTING AND EAP S KAISER PERMANENTE KAISER PERMANENTE LOCKTON COMPANIES SECURE HORIZONS UNITED HEALTHCARE UNITED HEALTHCARE UNITED HEALTHCARE XCEL ENERGY Fund Total

1/12/14/2021 1/12/14/2021 1/12/14/2021 1/12/14/2021 1/12/14/2021 1/12/14/2021 1/12/14/2021 1/12/14/2021 1/12/14/2021 1/12/14/2021 1/12/14/2021 1/12/14/2021

16,736.29 179.36 300.00 408.00 3,335.20 88,093.73 10,000.00 17,659.45 1,934.53 15,500.70 39,963.81 6,200.75 494,989.91

OPEN SPACE PROJECTS FUND COLO AGRICULTURAL DITCH CO LOWER CLEAR CREEK DITCH STATE OF COLO DIVISION OF CONS Fund Total

1/12/14/2021 1/12/14/2021 1/12/14/2021

3,120.00 3,150.00 1,000.00 7,270.00

HEAD START FUND CENTURY LINK CENTURY LINK CENTURY LINK CENTURY LINK CENTURYLINK CESCO LINGUISTIC SERVICE INC CHILDRENS HOSPITAL CINTAS CORPORATION NO 2 COLO DEPT OF HUMAN SERVICES COLO OCCUPATIONAL MEDICINE PHY DENVER CHILDREN’S ADVOCACY CTR LANGUAGE LINE SERVICES MIGHTY LITTLE VOICES SPEECH TH TRI COUNTY HEALTH DEPT TRI COUNTY HEALTH DEPT TRI COUNTY HEALTH DEPT TRI COUNTY HEALTH DEPT Fund Total

1/12/14/2021 1/12/14/2021 1/12/14/2021 1/12/14/2021 1/12/14/2021 1/12/14/2021 1/12/14/2021 1/12/14/2021 1/12/14/2021 1/12/14/2021 1/12/14/2021 1/12/14/2021 1/12/14/2021 1/12/14/2021 1/12/14/2021 1/12/14/2021 1/12/14/2021

444.18 113.26 405.97 155.92 11.44 50.00 243.75 321.78 35.00 80.00 6,570.52 22.96 1,560.00 190.00 190.00 190.00 190.00 10,774.78

WORKFORCE & BUSINESS CENTER ROSTIE SANDRA ADAMS COUNTY HUMAN SERVICES COLO DEPT OF LABOR & EMPLOYMEN Fund Total

1/12/15/2021 1/12/14/2021 1/12/14/2021

2,600.00 167.95 80.00 2,847.95

COLORADO AIR & SPACE PORT AT&T CORP ROGGEN FARMERS ELEVATOR ASSN UNITED SITE SERVICES Fund Total

1/12/14/2021 1/12/14/2021 1/12/14/2021

111.90 3,038.00 647.86 3,797.76

FLATROCK FACILITY FUND AAA PEST PROS GAM ENTERPRISES INC UNITED POWER (UNION REA) UNITED POWER (UNION REA) UNITED POWER (UNION REA) XCEL ENERGY Fund Total

1/12/14/2021 1/12/14/2021 1/12/14/2021 1/12/14/2021 1/12/14/2021 1/12/14/2021

GRAND TOTAL

40.00 240.75 1,616.23 45.92 114.37 87.12 2,144.39

5,786,583.68

Legal Notice No.: 707279 First Publication: January 2, 2021 Last Publication: January 2, 2021 Publisher: Northglenn-Thornton Sentinel

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29

1January 21, 2021

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

20CW3199, CITY OF BRIGHTON, 500 South 4th Avenue, Brighton, Colorado 80601, Attn: Jane Bais DiSessa, City Manager, (303) 655-2043. Please send all correspondence and future pleadings to Brent A. Bartlett, Fischer, Brown, Bartlett & Gunn, P.C., 1319 E. Prospect Rd., Fort Collins, CO 80525, (970) 407-9000. APPLICATION FOR CHANGE OF WATER RIGHTS, APPROPRIATIVE RIGHTS OF EXCHANGE AND CONDITIONAL APPROPRIATION OF RETURN FLOWS IN ADAMS, CLEAR CREEK, JEFFERSON AND WELD COUNTIES 2. Introduction. The City of Brighton (“Brighton” or “Applicant”) operates a municipal water and sewer system that obtains a portion of its raw water supply from tributary ground water in the South Platte and Beebe Draw basins, treats the water, and supplies the water to its customers. Out-of-priority depletions resulting from the pumping of Brighton’s South Platte wells and Beebe Draw wells are augmented through Brighton’s decreed South Platte and Beebe Draw well augmentation plans (Case Nos. 2000CW202 and 2003CW320). Brighton supplements the augmentation exchange, and to appropriate return flows associated withsources Brighton’s interest in the Fulton, water utilized in these plans, as wellthe as their exchanges, with additional of water described in Case Nos.Burlington 2004CW174, and Wellington water rights.

3. Description of water rights for which change sought.fashion 3.1 Fulton Irrigating 2009CW144, 2015CW3012 and 2018CW3195.

Collectively these decree(s) operate in an is integrated to augment depletions fromCompany. all of Brighton’s tributary Theto purposes of this Application are delivered to change the represented

by BrighDitch The waterwells. rights be changed have been bywater the rights Fulton Ditch and are ton’s ownership in the Fulton Irrigating Ditch Company (“Fulton”), Burlington Ditch, Reservoir and Land Company (“Burlington”), represented by 149.45 shares of stock in the Fulton.

3.2 Fulton Ditch Decree.

Date Entered: April 28,the 1883, and the Wellington Reservoir Company (“Wellington”), decree appropriative rights of exchange, and to appropriate return flows associated with Brighton’s interest in the Fulton,District Burlington and Wellington waterPoint rights.of 3. Diversion.

Description ofThe water rights for Case No.: 6009, Court: Arapahoe County Court.

3.3 Decreed original which change is sought. 3.1 Fulton Irrigating Ditch Company. The water rights to be changed have been delivered by the Fulton decreed point of diversion is located theineast side of South River Section 9, 1883, between Ditch and are represented by 149.45 shares ofon stock the Fulton.

3.2the Fulton DitchPlatte Decree.

Date near Entered: April 28, Case Sections 16 andArapahoe 17, Township 2 South, Range 67 West of oftheDiversion.

6th P.M.,The Adams The is No.: 6009, Court: County District Court.

3.3 Decreed Point originalCounty, decreed Colorado. point of diversion located the east side of theisSouth Platte near1/4 Section 9, between Sections 16 and 17, 2Township 2 South,67 Range actualonheadgate location in the NE River 1/4 NE SE 1/4 of Section 17, Township South, Range West67 West of theth 6th P.M., Adams County, Colorado. The actual headgate location is in the NE 1/4 NE 1/4 SE 1/4 of Section 17, of the 62 South, P.M. Range Adams67County, Colorado, according to the decreeaccording in Case toNo. Court Township West of the 6th P.M. Adams County, Colorado, the 13CW3025, decree in CaseDistrict No. 13CW3025, District Court and forDivision Water Division 1 entered November 10, 10, 2016.

Source.

The The SouthSouth Platte Platte River. 3.5 Appropriain and for inWater No. 1No. entered onon November 2016.3.4 3.4 Source.

River.

3.5 tion Dates and Amounts.

Appropriation Dates and Amounts.

Amount Appropriation Adjudication Date (cfs) Date Fulton Ditch South Platte 79.70 May 1, 1865 April 28, 1883 Fulton Ditch South Platte 74.25 July 8, 1876 April 28, 1883 Fulton Ditch South Platte 50.23 November 5, 1879 April 28, 1883 Fulton Ditch South Platte 244.621 November 1, 1882 April 28, 1883 Footnote 1: The 244.62 cfs from Priority Number 56 was abandoned in Case Number A-16069 of the Footnote 1: The 244.62 cfs from Priority Number 56 was abandoned in Case Number A-16069 of the Denver District Court in Denver District Court in 1938. The remaining 204.18 cfs represents the current total diversion rate decreed 1938. The remaining 204.18 cfs represents the current total diversion rate decreed to the Fulton Irrigation Ditch Company. The to theinFulton Irrigation Ditch Company.

ThePriority change in water rights in as thisPriority Application concerns change water rights in this Application concerns only Numbers 8, 43, and 51, Number 56 has beenonly abandoned.

3.6 Burlington andPriority Land Company. rightsabandoned. to be change3.6 have been delivered by the Burlington Priority NumbersDitch, 8, 43,Reservoir and 51, as NumberThe 56water has been Burlington Ditch, Reservoir Ditch and are represented by 101.52 shares of stock in the Burlington. 3.7. Burlington Ditch Decree. Dates Entered: April 28, and July Land Company. water to Court: be change have6009 been theArapahoe Burlington Ditch andCourt; are 1883; 8, 1893; May 18,The 1918.

Caserights Nos. and Case No. anddelivered Case No. by 11200, County District Case No. 1777,by Park County DistrictofCourt.

Decreed Points of3.7.

Diversion.

The Burlington Company direct flow water rights represented 101.52 shares stock3.8. in the Burlington.

Burlington Ditch Decree.

Dates Entered: April are decreed for diversions from multiple streams. The Duggan Ditch headgate was initially decreed as being located on the bank July 8, 1893; May 18, Case Nos. and Court: Case6thNo. 6009 No.the11200, of28, the 1883; South Platte River in Section 36,1918.

Township 2 South, Range 68 West, P.M. By and later Case decrees point ofArapahoe diversion of County Court; CasetoNo. Park County District 3.8. Decreed of Diversion.

The the DugganDistrict Ditch was transferred the 1777, headgate of the Burlington Ditch.Court.

The Burlington Canal Points Headgate, located on the east bank of the South Platte River in theflow SW 1/4 of the NE 1/4, 14, Township 3 South,from Rangemultiple 68 West, streams. of the 6th P.M., Burlington Company direct water rights areSection decreed for diversions Thein Adams County, Colorado, at a point approximately 3,084 feet east of the West line and 2,327 feet south of the North line of SecDuggan Ditch headgate was initially decreed as In being on the bank of by thetheSouth Platte RiverCourt in tion 14; latitude 039o47’30.97”N, longitude 104o58’0.92”W. Caselocated No. 2002CW403, affirmed Colorado Supreme inSection Case No.36, 2009SA133, the2Court determined Globeville Area Flood Control Project the structure a newofpoint Township South, Range that 68 the West, 6th P.M. By later decrees pointconstituted of diversion theof diversion for the Burlington Ditch at a point on the east bank of the South Platte River in the NE 1/4 of the SW 1/4 of Section 14, Duggan3 South, Ditch Range was transferred to the headgate of the Burlington Ditch. The Burlington Canal Headgate, Township 68 West, of the 6th P.M. The headgate is located at approximately latitude 039o47’24.69”N, longitude located onW. theThe east bank of the South Platte River the UTM SW Zone 1/4 of the NE 1/4, Section 14, Township 3 104o58’9.97” UTM coordinates are approximately NADin1983 13N 502616.89E 4404471.42N. The Burlington Ditch Second Creek in the northwest quarter of the southwest quarter Section 6, Township 2 South, South, Range 68diversion, West, oflocated the 6th P.M., in Adams County, Colorado, at aofpoint approximately 3,084 Range feet 66 West of the 6th P.M. in Adams County. The Burlington Ditch Third Creek diversion, located in the northeast quarter of the east of quarter the West line and 2,327 feet southRange of the66North 14; latitude 039o47’30.97”N, southeast of Section 32, Township 1 South, West ofline the of 6th Section P.M. in Adams County. Duck Lake, located at Geneva Creek with the right abutment in Section 36, Township 5affirmed South, Range 75Colorado West of theSupreme 6th P.M. in Clearin Creek longitude 104o58’0.92”W. In Case No. 2002CW403, by the Court CaseCounty.

No. The Burlington Ditch also diverts from a decreed alternate point of diversion known as the Metro Pump Station that discharges determined that 3the Globeville Area constituted a to2009SA133, the Burlington the DitchCourt in Section 12, Township South, Range 68 WestFlood of the Control 6th P.M. inProject Adams structure County. The Duggan Ditch newright point diversion forforthe Burlington atDitch a point on theAdjudication east bank thebank South Platte thein water wasofinitially decreed diversion at the Ditch Duggan headgate, located on theof east of the SouthRiver Plattein River Appropriation Section 36,of Township South, 68 14, West of the 6th P.M. The point of diversion forof thethe Duggan Ditch was transferred Name Source NE 1/4 the SW2 1/4 of Range Section Township 3 South, Range 68 West, 6thAmount P.M. Thelater headgate is Date Date to the headgate of the Burlington Ditch. Water stored in Duck Lake is released and rediverted at the Burlington Company’s South located approximately latitude longitude 104o58’9.97” W. The16.28 UTMcfs coordinates are Platte RiveratHeadgate.

3.9.

Source.

The 039o47’24.69”N, South River. 3.10 Appropriation Dates and Amounts.

Duggan Ditch South Platte RiverPlatte 4/1/1864 4/28/1883 2 approximately NAD 1983 UTM Zone 13N 502616.89E 4404471.42N. The Burlington Ditch Second Creek Burlingtonlocated Ditch in South Platte River 11/20/1885 7/8/1893 200 cfs 3 Adjudication diversion, the northwest quarter Appropriation of the southwest quarter of Section 6, Township Amount2 South, Range Name Source Date Date Burlington Ditch First in Creek 9/1/1886 7/8/1893 50 cfs located in the 66 West of the 6th P.M. Adams County.

The Burlington Ditch Third Creek diversion, Duggan Ditch South Platte 4/1/1864 4/28/1883 16.28 northeast quarter southeast quarter of Section 32, Township 1 South, Range 66 West of2the 6th P.M. Burlington Ditchof the Second CreekRiver 11/15/1886 7/8/1893 250 cfscfs inBurlington Adams County.

Lake, located Creek with the7/8/1893 right abutment in Section Burlington Ditch Duck South Platte Riverat Geneva 11/20/1885 200 3 Township 5 Ditch Third Creek 9/15/1887 7/8/1893 250 cfs cfs36, South, RangeDitch 75 West of Creek the 6th P.M. in 9/1/1886 Clear Creek County.7/8/1893 The Burlington Ditch also diverts from a Burlington First 50 cfs Duck Lake Geneva Creek 9/15/1904 5/18/1918 750 acre-feet decreed alternate point of diversion known as the Metro Pump Station that discharges to the Burlington Burlington Second Creek 11/15/1886 7/8/1893 cfs is owned 250 by cfs the Burlington Footnote 2: Ditch The 12, Duggan Ditch cfs, ofofwhich Ditch in Section Township 3 Right South,totals Range27.4 68 West the 6th16.28 P.M. in Adams County.

The Duggan Company, owned by the Wellington Company, and 3.133 cfs headgate, is owned by South Adams County Burlington Ditchcfs Third Creek 9/15/1887 7/8/1893 250 cfson Ditch water7.987 right wasis initially decreed for diversion at the Duggan Ditch located the east bank Water and Sanitation District (SACWSD).

The 3.133 cfs owned by SACWSD is not a part of this change Duck Lake Geneva Creek 9/15/1904 5/18/1918 750 acre-feet of the South Platte River in Section 36, Township 2 South, Range 68 West of the 6th P.M. The point of case.The decree Case No. 02CW403 reduced the to November 20, 1885 water right to 200.00 cfs for use diversion the in Duggan latertotals transferred the of thecfs Burlington stored Footnote for 2: The DugganDitch Ditchwas Right 27.4 cfs, of headgate which 16.28 is ownedDitch. by theWater Burlington Footnote 2: TheLake.

Duggan Ditch Right totals 27.4 cfs,Court of which 16.28 the cfs isDivision owned by1the Burlington Company, 7.987 cfs is owned above Barr The Colorado Supreme upheld Water Court’s decision in Case No. Duck Lake is cfs released rediverted at the Burlington Company’s Platte River Headgate.

3.9.

Company, 7.987 is owned by the Company, 3.133 cfsSouth is owned

by South County byin the Wellington Company, andand 3.133 cfs Wellington is owned

by South Adamsand County Water and DistrictAdams (SACWSD).

The 09SA133.

3.11.

ThePlatte Wellington Reservoir Company.

Theand water rights to beSanitation changereduced have been delivered 3.133 cfs and owned

by SACWSD is not(SACWSD). a 3.10 part ofAppropriation this change case.The inby Case No. 02CW403 November Source.

The South River.

Dates Amounts.

Water Sanitation District The 3.133 cfs decree owned SACWSD is not a part the of this change20, by water the Wellington Company Burlington and are represented by 98.35 shares1 of stock in the 1885 right to 200.00 cfs for useand above Barr Lake. Ditch The Colorado Supreme Court upheld the Division Water Court’s decicase.The in Case No. reduced Company. the November 20, rights 1885 water righthave to 200.00 cfs for use sion in Case decree No.Reservoir 09SA133.

3.11.

The02CW403 Wellington Reservoir The water be change been delivered Wellington Company.

3.12 The Wellington Reservoir Decree. to Dates Entered: April 28, 1883byasthe above Barr Lake.and The Colorado Supreme upheld the Division Water Court’s decision in Case No. Wellington Company Burlington Ditch and are Court represented by 98.35 shares of1stock in the Wellington Reservoir Company. to the Duggan Ditch Decree; June 21, Entered: 1922 as April to all other decrees.

Case Nos. and Court: Case No. 6009, 3.12 The Wellington Reservoir Decree.

Dates 28, 1883 as to the Duggan Ditch Decree; June 21, as to all 09SA133. 3.11. The Wellington Reservoir Company. The water rights to be change have been1922 delivered other decrees.County Case Nos. and Court: Case No. 6009, Arapahoe District Court; Case No. 839, Park County District Court, Arapahoe District Court; Case No. 839, ParkCounty County District Court, W-186, District Court, Weld by theDistrict Wellington Company and Burlington are The represented byRiver.

98.353.14. shares of stockDates in the W-186, Court, Weld County, Water Division No. Ditch 3.13.and Source.

South Platte Appropriation and County, Water Division No. 1. 3.13.

Source.1. The South Platte River. 3.14.

Appropriation Dates and Amounts.

Wellington Reservoir Company. 3.12 The Wellington Reservoir Decree. Dates Entered: April 28, 1883 as Amounts. to the Duggan Ditch Decree; June 21, 1922 as to all other decrees. Case Nos. and Court: Case No. 6009, Arapahoe Case No. 839, ParkAppropriation County District Court,Adjudication W-186, District Court, Weld Name County District Court; Source Amount Date Appropriation Dates and County, Water Division No. 1. 3.13. Source. The Date South Platte River. 3.14.

Duggan Ditch South Platte River 4/1/1864 4/28/1883 7.987 cfs Amounts.

2,747.72 Appropriation Adjudication Wellington Reservoir Buffalo Creek 5/31/1892 6/21/1922 Name Source Amount acre-feet Date Date Wellington 1652.00 Duggan Ditch Reservoir South Platte River 4/1/1864 4/28/1883 7.987 cfs Buffalo Creek 6/5/1920 6/21/1922 Enlargement acre-feet 2,747.72 Wellington Reservoir Buffalo Creek 5/31/1892 6/21/1922 Mendenhall Feeder Ditch Mendenhall Creek 9/3/1892 6/21/1922 25.00 cfs acre-feet Hicks Creek Feeder Ditch Hicks Creek 12/31/1921 6/21/1922 25.00 cfs Wellington Reservoir 1652.00 Buffalo Creek 6/5/1920 6/21/1922 Enlargement 3.15.

Decreed points of diversion. The Duggan Ditch headgate was initially decreed as being acre-feet located on 3.15. Decreed points of diversion. The Duggan Ditch headgate was initially decreed as being located on the bank of the South the bank ofSection the South Platte River in Section Township South, Range6/21/1922 68 point West, 6th P.M.of ByDuggan later Mendenhall Feeder 9/3/1892 25.00 cfs Platte River in 36,Ditch Township 2Mendenhall South, RangeCreek 6836, West, 6th P.M. 2By later decrees the of diversion the decrees the point of diversion of Ditch transferred to theand headgate the Burlington Ditch.

Ditch was Creek transferred to the headgate ofthe theDuggan Burlington Ditch.was Wellington Reservoir its First of Enlargement, located on Hicks Feeder Ditch Hicks Creek 12/31/1921 6/21/1922 25.00 cfsBuffalo Creek in Sections 29, 30, 32, Enlargement, Township 8 South, Rangeon 71Buffalo West of the 6th P.M. in Jefferson Wellington Reservoir and31,itsand First located Creek in Sections 29,County.

30, 31,Mendenhall and 32,the Feeder located in theofnortheast quarter of Duggan the southwest quarter of Section Township 8 South, West ofon 3.15. Ditch, Decreed points diversion.

The Ditch headgate was 30, initially decreed as Range being 71 located Township 8 South, Range 71 Creek West of the 6th P.M. in Jefferson County. Mendenhall Feeder Ditch, located32, 6th P.M. in Jefferson County.

Hicks Ditch, located in the southeast of the quarter of Section the bank of the South Platte River6thFeeder inP.M. Section 36, Township 2 South,quarter Range 68 southeast West, 6th P.M. By later Township 8 South, Range 71 West of the inquarter Jefferson Company storage rights released from in the northeast quarter of the southwest ofCounty.

SectionThe 30,Wellington Township 8 South, Range 71areWest of the decrees the point of diversion ofdownstream the DugganatDitch was transferred toHeadgate. the headgate the Burlington Ditch.

Wellington Reservoir, then re-diverted the Burlington Ditch River The of Mendenhall and Hicks Creek 6th P.M. in Jefferson County.

Hicks Creek Feeder Ditch, located in the southeast quarter of the southeast Feeder Ditches Reservoir are water rights to fillEnlargement, Wellington Reservoir. also Creek operates well field located the and Southeast Wellington and used its First locatedWellington on Buffalo inaSections 29, 30,in31, 32, quarter of Section 32, Township 1 South, Range 66 West, 6th P.M. Adams wells’inregistration are 11772quarter of Section 32, Township 8 South, Range 71 in West ofCounty. the 6thThe P.M. Jeffersonnumbers County.

The 8 04182-F. South, Range 71 West of the 6th P.M. in Jefferson Mendenhall Feeder Ditch,pursuant locatedto R,Township 04181-F and 3.16.Historical Use. The described water rights in County. thisReservoir, paragraph 3then that are to be changed Wellington Company storage rights are released from Wellington re-diverted downstream this are sometimes to herein as the “Subject Water Rights.”

The Subject WaterRange Rights have been of used inApplication the northeast quarter ofreferred the southwest quarter of Section 30, Township 8 South, 71 West thefor atirrigation the Burlington River Headgate.

The Mendenhall and Hicks Creek Feeder Ditchesof are water rights the of farms Ditch within the Burlington, Wellington and Fulton systems.

A map showing the location these is at6th P.M. in Jefferson County.

Hicks Creek Feeder Ditch, located in the southeast quarter of thetheparcels southeast tached as Exhibits A-1 and A-2.

A table setting forth the names of those from whom the shares were purchased, date Brighused to fill Wellington Reservoir. Wellington also operates a well field located in the Southeast quarter of quarter ofthem, Section 32, Township South, Range 71 and West the 6th P.M.received in Jefferson County.

Theas ton obtained the certificate number of8 the particular shares, the of number of shares

by Brighton is attached Section Township 1 South, Range 66 West, 6th irrigated P.M. in on Adams County.

The wells’ registration numbers Exhibits B-132, and B-2. The total number of acres historically the Fulton system parcels is approximately 260.76 and Wellington Company storage rights are released from Wellington Reservoir, then re-diverted downstream the total number of04181-F acres historically irrigation3.16.Historical on the BurlingtonUse. and Wellington parcels is approximately Brighton may are 11772-R, and 04182-F. The described water rights in914.85. this paragraph 3 at the Burlington Ditch River Headgate.

The Mendenhall and Hicks Creek Feeder Ditches are water rights seek toare relytoupon any and allpursuant diversion to records pertaining to the Subject Waterreferred kept and to retained byas thethe Fulton, Burlington and that be changed this Application are sometimes herein “Subject Water Wellington companies, and by the office ofWellington the State Engineer.

The attached C-1 and in C-2the provide a summary of diverused to fill Wellington Reservoir. also operates a wellExhibits field located Southeast quarter of Rights.”

The Subject Waterwith Rights beenbased usedonfor the irrigation of Division farms within Burlington, sions for the Subject Water Rights Fulton have diversions State of Colorado of Waterthe Resources records Section 32, Township 1 South, Range 66 West, 6th P.M. intheAdams County.

The wells’ registration numbers and the Burlington Wellington diversions on their 4. parcels Detailed is description Wellington andand Fulton systems.

A mapbased showing thecompany locationrecords. of these attachedofasproposed Exhibitschange.

A-1 are 11772-R, 04182-F. The described water rights Water in thisRights paragraph 3 Brighton seeks to 04181-F change theand location of use 3.16.Historical and add additionalUse. uses in order to integrate the Subject into Brighand A-2. A table setting forth the names of those from shares purchased, the dateThe Brighton ton’s plans and exchange and to make thewhom rights the available to were meet obligations. changed thataugmentation are to be changed pursuant to system, this Application are sometimes referred to contract herein as the “Subject Water uses, in addition to the decreednumber uses, areofforthe all municipal, replacement, exchange and substiobtained them, theexisting certificate particularaugmentation, shares, andrecharge, the number of shares received by Rights.”

The Subject Water Rights have uses beeninclude, used for irrigation farms within the Burlington, tution, either is directly or following storage. but the are not to,ofdomestic, mechanical, Brighton attached as Exhibits B-1Municipal and B-2. The total number of limited acres historically irrigated onmanufacturing, theirrigation Fultonof commercial, industrial, fire protection, treatment, street fish and propagation, Wellington and Fulton systems.sewage A map showing thesprinkling, location recreational, of these parcels iswildlife attached as Exhibits A-1 parks, lawns, gardens and grounds, augmentation and replacement, recharge, use as a substitute supply, adjustment and reguand ofA-2.

A table setting forthincluding the names of exchange those from whom shareswater weresystems purchased, theother date water Brighton lation municipal water systems, further with other the municipal and with users, obtained the certificate number theboth particular shares, and and the meeting numbercontractual of shares receivedoutside by within the Citythem, of Brighton’s service area as it mayofexist now and into the future obligations ofBrighton Brighton’s is service area.asBrighton hasB-1 quantified the Subject Water Rights,ofand the historically historical consumptive thereattached Exhibits and B-2.

The total number acres irrigateduse on derived the Fulton Name

Source

from, and seeks the right to fully consume such percentage when the changed water is used for the above changed purposes, including by reuse or successive use. Such right of reuse and successive use shall be conditioned upon Brighton’s ability to maintain legal dominion and control over such water, and upon such notification, identification and reporting as the Division Engineer may require. 4.1. The amount of water to be changed is the entire volume of water to which the Subject Water Rights are entitled. 4.2. Applicant seeks the right to store the water rights to be changed. The identified places of storage include the Ken

Mitchell Lakes, the 124th Avenue Storage Pond, Erger’s Pond, Barr Lake, Soda Lakes, and Bear Creek Lake as well as any other storage site that might be available to Brighton. The locations of these structures are as follows: 4.2.1.Ken Mitchell Lakes, located in parts of Sections 11, 12, 13, and 14, Township 1 South, Range 67 West, of the 6th P.M. 4.2.2. 124th Avenue Reservoir, located in the NE 1/4 of the SW 1/4 and the NW 1/4 of the SE 1/4 of Section 35, Township 1 South, Range 67 West of the 6th P.M. 4.2.3. Erger’s Pond, which is located adjacent to Cell 1 of Ken Mitchell Lakes in Section 12, Township 1 South, Range 67 West of the 6th P.M. 4.2.4. Barr Lake is located within parts of Sections 15, 21, 22, 23, 26, 27, 28, 33 and 34, Township 1 South, Range 66 West of the 6th P.M. 4.2.5. Soda Lakes Reservoirs 1 and 2, located in the NW 1/4, SW 1/4 and SE 1/4 of Section 1, Township 5 South, Range 70 West of the 6th P.M. 4.2.6. Bear Creek Lake, located in portions of Sections 31 and 32, Township 4 South, Range 69 West of the 6th P.M.; portions of Sections 5 and 6, Township 5 South, Range 69 West of the 6th P.M.; and portions of Section 1, Township 5 South, Range 70 West of the 6th P.M. 4.3. The proposed plan of operation is to use that portion of the changed rights that the court determines historically returned to the stream system to duly replace such historically received return flows to the extent necessary to prevent injury to water rights senior in priority to the date of the filing of this application. The fully consumed portion as determined by the court shall, either on an immediate basis following diversion, or following storage, be used for all municipal purposes as above described, including contractual obligations with other municipalities, and the use for augmentation and replacement water under the Decrees for 2000CW202, 2003CW320, 2004CW174, and 2009CW144, 2018CW3195, or as substitute supply water in substitute water supply plans that may be approved by the State Engineer in regard to those five cases. 5.Brighton seeks a decree for conditional appropriative rights as to the following exchanges and the providing of substitute supplies in accordance with the provisions of Sections 37-80-120(2)(3) and (4), and 37-83-104, C.R.S. 5.1. Exchanges Involving Subject Water Rights. The upstream and downstream exchange points of Brighton’s exchange reaches are as follows: 5.1.1 Downstream Points for the Exchanges (Exchange-From Points): 5.1.1.1. Point A The confluence of Brighton’s North Storm Drain Outfall and the South Platte River, located in the SE 1/4 of the SW1/4 of the SW 1/4 of Section 31, Township 1 North, Range 66 West, of the 6th P.M. This is the most downstream point of the exchange reach.

5.1.1.2. Point B - The confluence of Brighton’s South Storm Drain Outfall and the South Platte River located in the SE 1/4 of the NW 1/4 of the NE 1/4 of Section 12, Township 1 South, Range 67 West, of the 6th P.M. 5.1.1.3. Point C - The outfall of Ken Mitchell Lake, which is located near the point where the South Platte River crosses the west line of Section 12, Township 1 South, Range 67 West, of the 6th P.M. 5.1.1.4. Point H - The outfall of Brighton’s South Platte WWTP, which is presently located in the NW 1/4 of the NW 1/4 of the SW 1/4 of Section 6, Township 1 South, Range 66 West, of the 6th P.M. 5.1.1.5. Point H-1 - Northern Treatment Plant located in the SE 1/4 of the SW 1/4 of Section 31, Township 1 North, Range 66 West, of the 6th P.M. 5.1.1.6.

Point J - 124th Avenue Reservoir Outfall, located in the NW 1/4 of the SE 1/4 of Section 35, Township 1 South, Range 67 West, of the 6th P.M. 5.1.1.7. Point N - The outfall of Erger’s Pond, which is located in the N ½ of Section 12, Township 1 South, Range 67 West, of the 6th P.M. 5.1.2. Upstream Points for the Exchanges (Exchange-To Points): 5.1.2.1.Point D-1 - Ken Mitchell Reservoir Pump Station Inlet Pipe, located on the east bank of the South Platte River, in the SE 1/4 of Section 11, Township 1 South, Range 67 West, of the 6th P.M., at a point whence the Southwest Corner of said Section 11 bears approximately South 86o West, approximately 4,160 feet, in Adams County. 5.1.2.2. Point D-2 - Ken Mitchell Reservoir Pump Station Inlet Pipe, located on the east bank of the South Platte River, in the NW 1/4 of the SE 1/4 of Section 14, Township 1 South, Range 67 West, of the 6th P.M., at a point whence the Southwest Corner of said Section 14 bears approximately South 69o West, approximately 4,000 feet, in Adams County. 5.1.2.3. Point E - Ken Mitchell Reservoir Inlet, located on the east bank of the South Platte River, in the SE 1/4 of Section 14, Township 1 South, Range 67 West, of the 6th P.M., at a point whence the Southwest Corner of said Section 14 bears approximately South 88o30’ West, approximately 3,190 feet, in Adams County. 5.1.2.4. Point F - A point where the South Platte River crosses the South line of Section 23, Township 1 South, Range 67 West, of the 6th P.M., in Adams County. This is an approximation of the upstream limit of the reach of the South Platte River that is depleted by pumping of Brighton’s South Platte wells. 5.1.2.5. Point G - The Fulton Ditch headgate located in the NE 1/4 of the NE 1/4 of the SE 1/4 of Section 17, Township 2 South, Range 67 West, of the 6th P.M., in Adams County. 5.1.2.6.Point I - The United Diversion Facility No. 3, located on the east bank of the South Platte River in the SW 1/4 of Section 26, Township 1 South, Range 67 West, of the 6th P.M., in Adams County. 5.1.2.7. Point M - The Burlington Canal Headgate, located on the east bank of the South Platte River in the SW 1/4 of the NE 1/4, Section 14, Township 3 South, Range 68 West, of the 6th P.M., in Adams County, Colorado, at a point approximately 3,084 feet east of the West line and 2,327 feet south of the North line of Section 14; latitude 039o47’30.97”N, longitude 104o58’0.92”W. In Case No. 2002CW403, affirmed by the Colorado Supreme Court in Case No. 2009SA133, the Court determined that the Globeville Area Flood Control Project structure constituted a new point of diversion for the Burlington Ditch at a point on the east bank of the South Platte River in the NE 1/4 of the SW 1/4 of Section 14, Township 3 South, Range 68 West, of the 6th P.M. The headgate is located at approximately latitude 039o47’24.69”N, longitude 104o58’9.97” W. The UTM coordinates are approximately NAD 1983 UTM Zone 13N 502616.89E 4404471.42N. 5.1.2.8. Point P - Bear Creek Dam and Reservoir, located in portions of Sections 31 and 32, Township 4 South, Range 69 West, of the 6th P.M.; portions of Sections 5 and 6, Township 5 South, Range 69 West, of the 6th P.M.; and portions of Section 1, Township 5 South, Range 70 West, of the 6th P.M. 5.1.2.9. Point S - Arnett-Harriman Ditch, located on the south bank of Bear Creek, NE 1/4 of the NE 1/4 of Section 2, Township 5 South, Range 70 West, of the 6th P.M. 5.1.2.10. Point T - the Erger’s Pond inlet structure, located on the east bank of the South Platte River in the NE 1/4 of the SW 1/4, Section 12, Township 1 South, Range 67 West, of the 6th P.M., in Adams County. 5.2.

Sources of Substitute Supply. Water made available from the change of the Subject Water Rights decreed herein. 5.3.Date of Appropriation. December 28, 2020. 5.4.Amount Claimed. The individual exchanges and claimed amounts are shown in the exchange matrix attached hereto as Exhibit D. 5.5. Claimed uses. Those uses described in paragraph 4, above. 5.6. Exchanges Involving Erger’s Pond. The upstream and downstream exchange points of the reaches of the exchanges involving Erger’s Pond are as follows: 5.6.1. Downstream Points for the Exchanges (Exchange-From Points): 5.6.1.1. Point A - The confluence of Brighton’s North Storm Drain Outfall and the South Platte River, located in the SE 1/4 of the SW1/4 of the SW 1/4 of Section 31, Township 1 North, Range 66 West, of the 6th P.M. This is the most downstream point of the exchange reach. 5.6.1.2. Point B The confluence of Brighton’s South Storm Drain Outfall and the South Platte River located in the SE 1/4 of the NW 1/4 of the NE 1/4 of Section 12, Township 1 South, Range 67 West, of the 6th P.M. 5.6.1.3. Point H - The outfall of Brighton’s South Platte WWTP, which is presently located in the NW 1/4 of the NW 1/4 of the SW 1/4 of Section 6, Township 1 South, Range 66 West, of the 6th P.M. 5.6.1.4. Point H-1 - Northern Treatment Plant located in the SE 1/4 of the SW 1/4 of Section 31, Township 1 North, Range 66 West, of the 6th P.M. 5.6.1.5. Point N - The outfall of Erger’s Pond, which is located in the N ½ of Section 12, Township 1 South, Range 67 West, of the 6th P.M. 5.6.2.Upstream Points for the Exchanges (Exchange-To Points): 5.6.2.1. Point D-1 - Ken Mitchell Reservoir Pump Station Inlet Pipe, located on the east bank of the South Platte River, in the SE 1/4 of Section 11, Township 1 South, Range 67 West, of the 6th P.M., at a point whence the Southwest Corner of said Section 11 bears approximately South 86o West, approximately 4,160 feet, in Adams County. 5.6.2.2. Point D-2 - Ken Mitchell Reservoir Pump Station Inlet Pipe, located on the east bank of the South Platte River, in the NW 1/4 of the SE 1/4 of Section 14, Township 1 South, Range 67 West, of the 6th P.M., at a point whence the Southwest Corner of said Section 14 bears approximately South 69o West, approximately 4,000 feet, in Adams County. 5.6.2.3. Point E - Ken Mitchell Reservoir Inlet, located on the east bank of the South Platte River, in the SE 1/4 of Section 14, Township 1 South, Range 67 West, of the 6th P.M., at a point whence the Southwest Corner of said Section 14 bears approximately South 88o30’ West, approximately 3,190 feet, in Adams County. 5.6.2.4.

Point F - A point where the South Platte River crosses the South line of Section 23, Township 1 South, Range 67 West, of the 6th P.M., in Adams County. This is an approximation of the upstream limit of the reach of the South Platte River that is depleted by pumping of Brighton’s South Platte wells. 5.6.2.5. Point G - The Fulton Ditch headgate located in the NE 1/4 of the NE 1/4 of the SE 1/4 of Section 17, Township 2 South, Range 67 West, of the 6th P.M., in Adams County. 5.6.2.6. Point I - the United Diversion Facility No. 3, located on the east bank of the South Platte River in the SW 1/4 of Section 26, Township 1 South, Range 67 West, of the 6th P.M., in Adams County. 5.6.2.7. Point M - the Burlington Canal Headgate, located on the east bank of the South Platte River in the SW 1/4 of the NE 1/4, Section 14, Township 3 South, Range 68 West, of the 6th P.M., in Adams County, Colorado, at a point approximately 3,084 feet east of the West line and 2,327 feet south of the North line of Section 14; latitude 039o47’30.97”N, longitude 104o58’0.92”W. In Case No. 2002CW403, affirmed by the Colorado Supreme Court in Case No. 2009SA133, the Court determined that the Globeville Area Flood Control Project structure constituted a new point of diversion for the Burlington Ditch at a point on the east bank of the South Platte River in the NE 1/4 of the SW 1/4 of Section 14, Township 3 South, Range 68 West, of the 6th P.M. The headgate is located at approximately latitude 039o47’24.69”N, longitude 104o58’9.97” W. The UTM coordinates are approximately NAD 1983 UTM Zone 13N 502616.89E 4404471.42N. 5.6.2.8. Point T - the Erger’s Pond inlet structure, located on the east bank of the South Platte River in the NE 1/4 of the SW 1/4, Section 12, Township 1 South, Range 67 West, of the 6th P.M., in Adams County. 5.7. Sources of Substitute Supply. Water made available by operation of Brighton’s plan for augmentation decreed in Case No. 2000CW202, water made available by operation of Brighton’s plan for augmentation decreed in Case No. 2003CW320, water available pursuant to the change of water rights decreed in Case No. 2004CW174, water available pursuant to the change of water rights decreed in Case No. 2009CW144 and 2018CW3195, water stored in Ken Mitchell Lakes under Case No. 1992CW018, water stored in 124th Avenue Storage Pond under Case No. 2002CW234, water stored in Erger’s Pond under Case Nos. 1998CW257 and 2008CW105, water made available to Brighton under contractual agreements, water made available to Brighton under free river conditions, and water available pursuant to the change of the Subject Water Rights decreed herein. 5.8. Date of Appropriation. December 28, 2020. 5.9. Amount Claimed. The individual exchanges and claimed amounts are shown in the exchange matrix attached hereto as Exhibit D. 5.10.

Claimed uses. Those uses described in paragraph 4, above. 6.

Claim of Appropriated Return Flows. When the calling right downstream of the water rights described in paragraph 3 are junior to December 28, 2020, or there is no call from downstream of the headgates of the water rights described in paragraph 3, Brighton seeks the rights to use, reuse, successively use, and use to extinction, for all of the purposes described in paragraph 4, above, the historical return flow portion of water rights described in paragraph 3. 6.1. Appropriation Information. 6.2. Date of Appropriation. December 28, 2020. 6.3. How Appropriation was Initiated. The appropriation date is based upon the date the Application in this case was filed. 6.4. Date Water First Applied to Beneficial Use. Not applicable. 6.5. Source. South Platte River 6.6. Amount Claimed. Any and all amounts of returns determined to be attributable to Brighton’s water rights described in paragraph 3, CONDITIONAL. 6.7. Claimed uses. Those uses described in paragraph 4, above. 7. Names and addresses of owners of land on which structures are located. All structures are owned by Brighton except as follows: The Burlington Ditch, Reservoir and Land Company, 80 South 27th Avenue, Brighton, Colorado 80601. The Little Burlington Ditch and Brighton Lateral are located on lands owned by, or on easements that Applicant believes are controlled by the Burlington Ditch, Reservoir and Land Company. The Fulton Ditch is owned by the Fulton Irrigating Ditch Company, 25 South 4th Avenue, Brighton, Colorado 80601. The Subject Water Rights exchanged to Soda Lakes are carried in the Arnett-Harriman Ditch, and the Arnett-Harriman Ditch is owned by the Denver Water Board, 1600 W. 12th Avenue, Denver, CO 80209. Soda Lakes Reservoir and Mineral Water Company is the owner and operator of Soda Lakes and is managed by the Denver Water Board, 1600 W. 12th Avenue, Denver, CO 80209. Barr Lake Reservoir is owned by the Farmers Reservoir and Irrigation Company, 80 South 27th Avenue, Brighton, CO 80601. Bear Creek Lake is owned by the Army Corps of Engineers, Omaha District, 1616 Capital Avenue, Suite 9000, Omaha, NE 68102 and is under a 50-year lease with the City of Lakewood, 480 S. Allison Pkwy, Lakewood, CO 80226. The United Diversion Facility No. 3 is owned by Silver Peaks Metropolitan District, 8301 E. Prentice Ave., Suite 100, Greenwood Village, CO 80111 and on land owned by Henderson Aggregate Ltd., c/o Albert Frei & Sons (Registered Agent), 11521 Brighton Road, Henderson, CO 80640. The Northern Treatment Plant is owned by Metro Wastewater Reclamation District, 6450 York Street, Denver, CO 80229. WHEREFORE, Brighton requests the Court enter a decree granting the change of water rights, the conditional appropriation of rights of exchange, conditional appropriation of return flows, and for such other relief as the Court deems proper. (14 pages) WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE OR BE FOREVER BARRED. YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or an amended application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, a verified Statement of Opposition, setting forth facts as to why the application should not be granted, or why it should be granted only in part or on certain conditions. Such Statement of Opposition must be filed by the last day of FEBRUARY 2021 (forms available on www.courts.state.co.us or in the Clerk’s office) and must 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. 707249 First Publication: January 21, 2021 Last Publication: January 21, 2021 Publisher: Westminster Window

NTS | WW Legals 1.21.21 * 9

30

4/10/1905

CA 4735

5.66 cfs; McKay South January 21, 2021J 118.77 af Lake Boulder Reservoir Creek FRICO historically owned Church Ditch inches, which it used to supplement its water supply in the Marshall Division system. However, based on Broomfield’s understanding that the Church Ditch inches are no longer part of the FRICO Marshall Division operations, no water rights associated with the Church Ditch are being changed by Broomfield in this case. Nevertheless, the following decree information Public Notice associated with the Church Ditch inches is being provided in order to reflect historical use of the Subject DISTRICT COURT, WATER DIVISION 1, COLORADO Water Rights that was contributed by the Church Ditch inches. FRICO owned 475 inches in the Church Ditch (a.k.a. Golden City Ralston Creek Ditch). In an October 4, 1884 adjudication by the Arapahoe County DECEMBER 2020 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 District Court, the following amounts and appropriation dates were decreed from Clear Creek at a point of diversion described as being on the north bank of Clear Creek in the NW 1/4 NE 1/4 of Section 32, Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right applications and certain Township 3 South, Range 70 West, 6th P.M., Jefferson County, Colorado: Table 3 – Church Ditch Original amendments filed in the Office of the Water Clerk during the month of DECEMBER 2020 for each County affected.

Decreed Water Rights 20CW3216 CITY AND COUNTY OF BROOMFIELD, c/o Director of Public Works, One DesCombes Drive, Broomfield, ColAmount (in cfs) Appropriation Date orado 80020-2495, Telephone No.: (303) 438-6348, e-mail: publicworks@broomfield.org. APPLICATION FOR CHANGE OF WATER RIGHTS, STORAGE RIGHTS, UNDERGROUND WATER RIGHTS, AND PLAN FOR AUGMENTATION INCLUD0.90 6/1/1892 ING EXCHANGES IN ADAMS, BOULDER, BROOMFIELD, JEFFERSON, AND WELD COUNTIES. Attorneys for Applicant: 1.43 2/28/1865 Cynthia F. Covell, #10169, Andrea L. Benson, #33176, Gilbert Y. Marchand, Jr., #19870, Alperstein & Covell, P.C., 1600 Broadway, Suite 1070, Denver, CO 80202, cfc@alpersteincovell.com; alb@alpersteincovell.com; gym@alpersteincov1.25 5/16/1865

Public Notices

ell.com, Phone: (303) 894-8191; Fax (303) 861-0420. 1. Name, mailing address, email address and telephone number of applicant: City and County of Broomfield (“Broomfield” or “Applicant”), c/o Director of Public Works, One DesCombes Drive, Broomfield, Colorado 80020-2495, Telephone No.: (303) 438-6348, e-mail: publicworks@broomfield.org. 2. Introduction and summary of application: Broomfield is a Colorado municipal corporation and county. It owns and operates a municipal water in sewer the ponds and reservoirs listedof herein andand useforwithin Broomfield’s municipal water tosystem and other and utility system for the benefit its citizens, the provision of water and sewer service such extra-territorial areas served byserve Broomfield, including usetowithin Broomfield’s reuse Broomfield also seeksof customers as it may from time to time pursuant its City and County Charter and system. contract. Broomfield seeks a change shares of the Farmers Reservoir andrights, Irrigation Company (“FRICO”), Marshall Lakeunlined Division (“FRICO Marshall Division”).

FRICO storage or underground water as appropriate, for the lined and ponds and reservoirs in which is a Colorado mutual ditch company that distributes water to its stockholders. There are 1,273.97 outstanding shares of capital the shares will be directly stored To or the detained, and inanthis augmentation plan including rights ofshares substitution and stock in the FRICO Marshall Division. extent that, proceeding, the number of outstanding is determined toexchange be slightly to more or slightly less than stated herein, the final decree willby conform to such different numberBroomfield without the need replace out-of-priority stream depletions caused the ponds and reservoirs. is for any amendment of the application. Broomfield seeks a change to allow storage or detention of the shares in the ponds and also appropriating theuse historical return flows associated with the changed instances where reservoirs listed herein and within Broomfield’s municipal water system and other areasshares served in

by Broomfield, includingthe use within Broomfield’s reuse system. toBroomfield also31, seeks storage or underground rights, as appropriate, for the lined and downstream call is junior December 2020.

CHANGE OF water WATER RIGHTS, INCLUDING unlined ponds and reservoirs in which the shares will be directly stored or detained, and an augmentation plan including rights APPROPRIATION OF RETURN FLOWS 3. Decreed names of water rights and structures for of substitution and exchange to replace out-of-priority stream depletions caused by the ponds and reservoirs. Broomfield is also which change is sought: shares ofwith thethe FRICO Marshall The 158.14 shares are appropriating the historical return158.14 flows associated changed shares inDivision. instances where the downstream call referred is junior to December CHANGEWater OF WATER RIGHTS, RETURN FLOWS DecreedLake names to herein31, as2020. the “Subject Rights.”

TheINCLUDING structures APPROPRIATION involved are theOF Community Ditch, 3.

Marshall of water rights and structures for which change is sought: 158.14 shares of the FRICO Marshall Division. The 158.14 shares are Reservoir, andasMcKay Lake Reservoir.

4. structures Date ofinvolved original all relevant subsequent decrees and referred to herein the “Subject Water Rights.” The areand the Community Ditch, Marshall Lake Reservoir, and McKay Lake Reservoir. 4.for Date original and all relevant subsequent decrees and decree information for the Subject Water decree information theofSubject Water Rights.

All of the following decrees were entered in Boulder Rights.

All of the following decrees were entered in Boulder County District Court for irrigation and agricultural purposes: Table County District Court for irrigation and agricultural purposes: Table 1: Direct Flow Water Rights – FRICO 1: Direct Flow Water Rights – FRICO Marshall Division

Marshall Division Date Case No. Entered

12/19/1900

CA 3944

6/21/1926

CA 6672

Amount (in Appropriation Subject Water Name cfs Date Rights (Broomfield’s pro-rata portion in cfs) 83.3 6/6/1885 10.34 Community Ditch 319.1

6/21/1926

CA 6672

9/20/1921

1/9/1935

CA 6672 448 cfs; 3/4/1902 Supplemental 9,400 af

9/28/1953

CA 12111

448 cfs; 12/31/1929 9,053.14 af

39.61

South Boulder Creek South Boulder Creek

Community Ditch Second Enlargement 6/21/1926 CA 6672 319.1 8/26/1903 39.61 Community Coal Creek Ditch and Rock Second Creek Enlargement 6/21/1926 CA 6672 227.0 8/26/1903 28.18 Community Dowdy Ditch Hollow or Second Draw Enlargement The inclusion of pro-rata amounts in Tables 1 and 2 is merely descriptive and does not imply that actual historical usage was based on such amount. Table 2: Storage Rights – FRICO Marshall Division Date Case No. Amount Appropriation Subject Water Name Source Entered (in cfs and Date Rights acre-feet (Broomfield’s (“af”) pro rata portion 12/19/1900 CA 3944 83.3 cfs; 6/6/1885 10.34 cfs; Marshall South 1,349.14 167.47 af Lake Boulder af Reservoir Creek 4/10/1905 CA 4735 45.6 cfs; 3/13/1901 5.66 cfs; Marshall South 1,349.14 167.47 af Lake Boulder af Reservoir Creek 6/21/1926 CA 6672 448.0 cfs; 3/4/1902 55.61 cfs; Marshall South 7,901.74 980.86 af Lake Boulder af Reservoir Creek

1,545.01 af

8/26/1903

Source

First Enlargement 191.78 af Marshall Lake Reservoir Second Enlargement 55.61 cfs; Marshall 1,166.84 af Lake Reservoir Dowdy Hollow or Draw 55.61 cfs; Marshall 1,123.78 af Lake Reservoir Refill Right

South Boulder Creek Dowdy Hollow or Draw

South Boulder Creek and Dowdy Hollow or Draw 12/19/1900 CA 3944 83.3 cfs; 6/6/1885 10.34 cfs; West Lake South 699.08 af 86.78 af (transferred Boulder to Marshall Creek Lake Reservoir in W8287-76) 12/19/1900 CA 3944 10.0 cfs; 5/1/1888 1.24 cfs; 4.97 Section 19 South 40.0 af af Reservoir Boulder (transferred Creek to Marshall Lake Reservoir in 85CW330) 4/10/1905 CA 4735 45.6 cfs; 2/26/1900 5.66 cfs; McKay South 956.80 af 118.77 af Lake Boulder Reservoir Creek FRICO historically owned Church Ditch inches, which it used to supplement its water supply in the Marshall Division system. However, based on Broomfield’s understanding that the Church Ditch inches are no longer part of the FRICO Marshall Division operations, no water rights associated with the Church Ditch are being changed by Broomfield in this case. Nevertheless, the following decree information associated with the Church Ditch inches is being provided in order to reflect historical use of the Subject Water Rights that was contributed by the Church Ditch inches. FRICO owned 475 inches in the Church Ditch (a.k.a. Golden City Ralston Creek Ditch). In an October 4, 1884 adjudication by the Arapahoe County

45.6 cfs; 2/26/1900 956.80 af

18.26 18.85 32.34

11/18/1877 11/15/1878 11/20/1881

In a May 13, 1936 adjudication by the District Court for the City and County of Denver in CA60052, the following amounts and appropriation dates were decreed from Clear Creek and Ralston Creek at a point of diversion described as being at the Church Ditch headgate on the north bank of Clear Creek in the NW 1/4 NE 1/4 of Section 32, Township 3 South, Range 70 West, 6th P.M., Jefferson County, Colorado, and the Church Ditch headgate on Ralston Creek in the SE 1/4 NW 1/4 of Section 2, Township 3 South, Range 70 West, 6th P.M., Jefferson County, Colorado: Table 4: Church Ditch Supplemental Decreed Water Rights Amount (cfs) Appropriation Date Source 100.12 3/16/1886 Clear Creek 185 11/18/1877 Ralston Creek 5.5.Legal description of structures: 5.1 Community Ditch diversionDitch point diversion on South Boulder Creek: on the south bank of South Legal description of structures: 5.1 Community point on South Boulder Creek: on Boulder Creek in the NE 1/4 of the SE 1/4 of Section 25, Township 1 South, Range 71 West, 6th P.M., Boulder County, Colorado. theCommunity south bank of diversion South Boulder Creek the NE 1/4NW of the SEthe1/4 Section 25,26, Township Range70 5.2 Ditch point from Coalin Creek: in the 1/4 of NEof 1/4 of Section Township11 South, South, Range West, 6th P.M., County, Colorado.

Community diversion point from Rock Creek: the SECoal 1/4 ofCreek: the SWin 1/4 71 West, 6thBoulder P.M., Boulder County, 5.3 Colorado.

5.2Ditch Community Ditch diversion pointin from ofthe Section Township South, 69 West, P.M., Boulder County,Range Colorado.

Community Ditch diversionCounty, point from NW30, 1/4 of the 1NE 1/4 Range of Section 26,6thTownship 1 South, 70 5.4 West, 6th P.M., Boulder Dowdy Hollow or Draw: in the SW 1/4 of the SW 1/4 of Section 29, Township 1 South, Range 70 West, 6th P.M., Boulder County, Colorado.

Community Ditchisdiversion from Rock in 1the SE 1/4 of the SW 1/4 Section Colorado.

5.5 5.3 Marshall Lake Reservoir located in point Sections 22 and 27,Creek: Township South, Range 70 West, 6th of P.M., Boulder County, Colorado. 15.6South, McKayRange Lake Reservoir is located in Sections 20 and 21, Township 1 South, 68 West, 6th P.M., 30, Township 69 West, 6th P.M., Boulder County, Colorado.

5.4Range Community Ditch Boulder County, Colorado. 6. Amount of water that Applicant intends to change: The absolute water rights associated with diversion Draw: in the SW 1/4 of the 7.

SW 1/4 ofdescription Section of 29,proposed Township 1 158.14 sharespoint in the from FRICODowdy MarshallHollow Division. or See also tables in section 4, above.

Detailed change: 7.1 Historical Use:70 The Subject Rights were historically used to irrigate within the FRICO Marshall is Division service South, Range West, 6thWater P.M., Boulder County, Colorado.

5.5lands Marshall Lake Reservoir located in area, including lands set forth in1 the map Range attached70 asWest, Exhibit6th A. P.M., Exhibit Boulder B describes the general locations5.6 of the various Sections 22 those and 27, Township South, County, Colorado.

McKay farms associated with the Subject Water Rights, which are located in Adams, Boulder, and Weld Counties, Colorado, in TownLake Reservoir is located in Sections Township South, ARange 68 ofWest, 6threcords P.M., is Boulder ships 1 South and 1 North, and Ranges 68 and20 69 and West21, of the 6th Prime 1Meridian. summary diversion attached asCounty, Exhibit C.Colorado.

To quantify the the Subject Water Rights, Broomfield The will rely on a ditch-wide analysis 6. historical Amountconsumptive of water use thatofApplicant intends to change: absolute water rights and the historical consumptive use quantification methodology that was the subject of previously decreed changes of FRICO associated with 158.14 sharestheinrepresentative the FRICO 1950 Marshall Division.

See also section 4,changes. above. See 7.

Marshall Division shares, including to 1970 study period that wastables used ininthe previous Case Nos. 92CW79 and 07CW310 (City ofchange: Louisville)7.1 andHistorical Case No. 02CW292 (Eldorado Springs,were Inc.). historically 7.2 Proposed Detailed description of proposed Use: The SubjectArtesian Water Rights Change of irrigate Use and lands Location of Use: seeks to change the service Subject Water Rights to allow their use in used to within theBroomfield FRICO Marshall Division area, including those lands setBroomfield’s forth in municipal water supply system as it currently exists or may exist in the future, in addition to the currently decreed places of use attached as Exhibit A. Exhibit B seek describes theingeneral theSubject various farms associated ofthe the map Subject Water Rights.

Broomfield does not a change point of locations diversion ofofthe Water Rights.

They will continue to be diverted at the Rights, Community Ditchare point of diversion described above. A map of theCounties, approximate boundaries with the Subject Water which located in Adams, Boulder, and Weld Colorado, inof Broomfield’s current municipal service area is attached as Exhibit D. Broomfield seeks to change the use of the Subject Water Townships 1 addition South and 1 North, Ranges and 69 West of the 6thandPrime Meridian.

A summary Rights to add, in to the existing and irrigation uses,68 decreed uses of direct flow storage for all beneficial uses ofof the municipal water system Broomfield, as it currently or may in the future, including,use but of notthe limited to, municipal, diversion records is of attached as Exhibit C. Toexists quantify theexist historical consumptive Subject Water domestic, commercial, fireon protection, stock watering, lake level water Rights, industrial, Broomfield will rely a ditch-wide analysisrecreation, and the wetlands, historicalirrigation, consumptive usemaintenance, quantification features, fish and wildlife, gray water use, augmentation, replacement, substitution and exchange, and storage for these purmethodology thatright wasto totally the subject ofthe previously changes FRICOuse, Marshall Division shares, poses, as well as the consume water eitherdecreed by first use, reuse, of successive or disposition to third parties, including, but the not limited to, by existing subsequent lease or agreement. will maintain andSee control over including representative 1950or to 1970 study period that wasBroomfield used in the previousdominion changes.

Case any such fully consumable water, including but not limited to, fully consumable lawn irrigation return flows and/or effluent associNos. and 07CW310 Louisville) and Case 02CW292 (Eldorado Springs, ated with92CW79 the Subject Water Rights that(City will beof treated and released into theNo. South Platte River Basin. SaidArtesian use may include use forInc.). return 7.2 flow obligations Broomfield’s municipal waterBroomfield supply system, and/or re-diversion of any such fully Proposed associated Change ofwith Use and Location of Use: seeks tothe change the Subject Water consumable lawn irrigation return flows or effluent credits into storage in vessels owned or controlled by Broomfield, or in which Rights to allow their use in Broomfield’s municipal water supply system as it currently exists or may exist Broomfield has a contractual right to store water, such as those structures, described below, for additional beneficial uses, and/ in addition to the currently decreed places of use of the Water Rights. orin thethe usefuture, of any such fully consumable water in Broomfield’s reuse water system, asSubject that system currently exists Broomfield or is expanded ordoes modified the future.

In addition thediversion previously of decreed locations identified in section 5, will above, Broomfield alsodiverted seeks the not inseek a change in pointtoof the Subject Water Rights.

They continue to be right to store or detain some or all of the Subject Water Rights at the locations described below, all in the 6th P.M., City and at the Community Ditch point of diversion described above.

A map of the approximate boundaries of County of Broomfield, Colorado: 7.2.1 Tom Frost Pond located in the SE 1/4 of the SE 1/4, Section 30, Township 1 South, Range 68Broomfield’s West. 7.2.2 LeGault Pond located inservice the W 1/2 of the 1/4, Section 30, Township 1 South, Range 68to West.

7.2.3the Brunner current municipal area is SW attached as Exhibit D. Broomfield seeks change use Reservoir a.k.a. Harry Brown Reservoir located in the NE 1/4 of the SW 1/4 and the SE 1/4 of the NW 1/4, Section 36, Township the Ranch Subject Rights to add, inPond addition to inthe uses, decreed uses of1direct 1 of South, 69 Water West. 7.2.4 Midway Park located theexisting SE 1/4 ofirrigation the NW 1/4, Section 35, Township South, flow Range storage all beneficial useslocated of thein municipal system of Broomfield, as it currently exists or 69and West.

7.2.5 for Community Park Pond the NW 1/4 water of the SW 1/4, Section 36, Township 1 South, Range 69 West.

7.2.6 Civic Center Pond proposed to be located in the W 1/2 of the SW 1/4, Section 36, Township 1 South, Range 69 West.

7.2.7 may exist in the future, including, but not limited to, municipal, domestic, industrial, commercial, fire Wilde Pond proposed to be located in the W 1/2 of the NE 1/4, Section 24, Township 1 South, Range 69 West. 7.2.8 3207 Ponds protection, stock watering, recreation, wetlands, maintenance, water features, fish and (a.k.a.

10th Ave. Ponds and/or Ellie’s Pond) located in the irrigation, NE 1/4 of thelake NWlevel 1/4, Section 36, Township 1 South, 69 West.

7.2.9 Trails of Westlake the S 1/2 of the replacement, NW 1/4, Sectionsubstitution 29, Township 1and South, Range 68and West.

7.2.10 for Zunithese Detenwildlife, gray Pond waterlocated use, inaugmentation, exchange, storage tion Pond (a.k.a. Alexx and Michael’s Pond) located in the SE 1/4 of the NE 1/4 and the NE 1/4 of the SE 1/4, Section 29, Townpurposes, as well the 7.2.11 right Plaster to totally theSW water use,1reuse, successive use,7.2.12 or ship 1 South, Range 68 as West.

Lakeconsume located in the 1/4, either Section by 20, first Township South, Range 68 West. disposition to third parties, including, but Section not limited to, by 1existing or subsequent leaseSiena or agreement.

Markel’s Pond located in the SW 1/4 of the SE 1/4, 24, Township South, Range 69 West. 7.2.13 Reservoir located in the S 1/2 of the NW 1/4, Section 8, Township 1 South, Range 68 West.

7.2.14 Sagar/Section 19 Pond located in Broomfield will maintain dominion and control over any such fully consumable water, including but notthe SE 1/4 of the NW 1/4, Section 19, Township 1 South, Range 68 West. 7.2.15 Great Western Reservoir located generally in the limited to,Section fully consumable lawn irrigation flows and/orRange effluent associated with the Subject Water North 1/2 of 7 and the South 1/2 of Section 6,return Township 2 South, 69 West.

7.3 Historical Return Flows: Under

the change of water rights, municipal return flows attributable to the Subject Water Rights will be quantified, and at times of a South Platte River call senior to December 31, 2020, used to offset any required returns necessary to prevent injury from the change of water right. Moreover, Broomfield may use the Subject Water Rights, any other water rights owned or controlled by Broomfield that are or have been determined to be fully consumable or usable for replacement purposes by this or any other decree, and/or municipal return flows from other fully-consumable sources of water, to meet required historical return flow obligations.

A list of and the return flow replacement currently available Broomfield is located in section 13, below. As with the application the final decree to besources entered herein, subjecttoto any limits that may be determined herein. claimed additional augmentation sources described in section 13, Broomfield seeks the right to add future return flow replace7.5 Broomfield seekstotoprocedures change only portionherein of the Subject Rights used tothis irrigate the farms ment sources - pursuant to be the determined - without theWater necessity of amending application or filing a new application.

Water 7.1, derived from the exercise thewould Subjectbe Water Rights upon whichto any required return flow obligations described in section above.

Any water of that otherwise available Broomfield pursuant to its have been met or upon which municipal return flows exceed historical irrigation return flow obligations will be fully consumable shares that Broomfield use and maysuccessively continue toused be diverted at the decreed points of diversion and used by Broomfield, and may be does used, not reused, to extinction for all beneficial purposes identified herein, either bydirect otherrelease FRICO stockholders, pursuant tothe theright terms and conditions the applicable described by or storage for later release with to totally consume theof consumable portiondecrees of the water either byinfirst use, successive use, or disposition to third parties.

7.4 Appropriation of return flows: Broomfield claims the appropriation section 4, above, without counting against any historical consumptive use volumetric limits decreed in this of historical return flows and will replace return flows associated with the historical use of the Subject Water Rights only for downproceeding for Broomfield’s shares.

Thename diversion andofuse of water the the Subject stream calls senior to December 31, 2020. The and point diversion of theotherwise structure toavailable be used totodivert claimed return is the Ditch,stockholders described in section 5.1, occur above. after The sources of waterconsumptive for the claimeduse return flows are the Waterflows Rights byCommunity other FRICO may also any historical volumetric sources described in the tables in section 4, above. The appropriated return flows will be used for the same uses as described limits decreed in this proceeding for the Subject Waterreturn Rights have been fully31,exhausted byon Broomfield’s in section 7.2, above.

The date of appropriation of the claimed flows is December 2020, based the formation of intent divert and put the claimed return flows to beneficial use and thewhich filing of storage the application in water court. Broomfield claims uses.toSTORAGE RIGHTS 8. Names of structures for rights are sought: Tom Frost aPond, conditional right to divert and use all the water delivered with the Subject Water Rights that is characterized as return flow Brunner Reservoir a.k.a.

Harry Brown Reservoir, Civic Center Pond, Wilde Pond, Plaster Pond, and water pursuant to this application and the final decree to be entered herein, subject to any limits that may be determined herein.

Sagar/Section 19 Pond.

The locations ofofthese structures described in Sections 7.2.1 through 7.2.14,7.1, 7.5 Broomfield seeks to change only the portion the Subject Waterare Rights used to irrigate the farms described in section above. would be otherwise available to Broomfield pursuant to in its Table shares5that Broomfield does not use may above. Any Thewater date that of appropriation for each storage right is summarized below.

Each appropriation continue to be diverted at the decreed points of diversion and used by other FRICO stockholders, pursuant to the terms and was initiated

by Broomfield’s acquisition structure theagainst date listed for the consumptive structure inuse conditions of theeither applicable decrees described in sectionof 4, the above, without upon counting any historical volumetric decreed in this proceedingof for planning Broomfield’s shares.

The diversion and land use ofon water otherwise available toisthe Table 5, limits and/or by commencement and development of the which the structure Subject Water Rights by other FRICO stockholders may also after any historical consumptive use volumetric limits decreed located.

Overt acts in furtherance of the intent tooccur appropriate the water right include the planning and in this proceeding for the Subject Water Rights have been fully exhausted by Broomfield’s uses. STORAGE RIGHTS 8. Names development of thestorage use ofrights the land on which structure is located, storage andBrown use ofReservoir, the structure for of structures for which are sought: Tomthe Frost Pond, Brunner Reservoir a.k.a.in Harry Civic Center Pond, Wilde Pond, Plaster and Sagar/Section 19 Pond.inThe locations structures described Sections 7.2.1 beneficial purposes andPond, the filing of the application this Court of onthese December 31,are2020.

Theinuses of the through 7.2.14, above. The date of appropriation for each storage right is summarized in Table 5 below. Each appropriation was structures all municipal purposes, including butthenot scenic, recreation, fire initiated eitherare

by Broomfield’s acquisition of the structure upon datelimited listed for to the aesthetic, structure in Table 5, and/or by commencement of planning of the land on which the structure located.water Overtmanagement. acts in furtherance thepoints intent to protection, fishand anddevelopment wildlife, augmentation, replacement, andis storm 9. of The ofappropriate theof water include the planning and development of the use through of the land7.2.14 on which the structure located, storage diversion the right storage rights are described in Sections 7.2.1 above, and theissources and in and use of the structure for beneficial purposes and the filing of the application in this Court on December 31, 2020. The uses amount of storage claimed forpurposes, each structure arebut described intoTable 5 below. seeks the right of the structures are all municipal including not limited aesthetic, scenic,Broomfield recreation, fire protection, fishtoand wildlife, replacement, storm water management.

The points of diversion of thesources storage rights fill andaugmentation, refill the structures.

Forand completeness, the described9.sources include all physical to fillare thedescribed in Sections 7.2.1 through 7.2.14 above, and the sources and amount of storage claimed for each structure are described structures, whether already decreed or to not.

Storage rights are notFor being claimed for decreed in Table 5 below.

Broomfield seeks the right fill and refill the structures. completeness, thealready described sourcesinflow. include all physical sources to fill the structures, already decreed not.capacity Storage of rights notfrom beingwhich claimedthose for already decreed The claimed inflow rates for the whether structures are based onorthe theare ditch structures inflow. The claimed inflow rates for the structures are based on the capacity of the ditch from which those structures are primarare primarily filled. The decreed inflow rate will be based on the capacity of the inlet structures and the ily filled. The decreed inflow rate will be based on the capacity of the inlet structures and the physical sources of supply. All physicalare sources amounts are claimed as absolute, otherwise below. Rights Tableare amounts claimedofassupply. absolute,All except as otherwise noted below.

Table 5:except Ponds as and Lakes for noted Which Storage Sought 5: Ponds and Lakes for Which Storage Rights are Sought

Pond Name

Filling Structure

Source

Date of Appropriation

Zang Draw, natural Community Civic Center runoff, drainage and April 30, 2018 Ditch and precipitation, and Pond Zang Draw Subject Water Rights Community Natural runoff, Ditch and drainage and Wilde Pond December 18, 2018 Church precipitation, Subject Ditch Water Rights Tom Frost

Community Natural Ditch and drainage

runoff, and

Capacity (AF)

Inflow Rate (cfs)

70 AF 85 cfs (Conditional) 3.5 AF 85 cfs (Conditional)

Continued to Next Page

April 27, NTS 1998

| WW Legals 75 AF 1.21.21 85 * cfs10

Pond Name

1January 21, 2021 Structure

Source

Date of Appropriation

Zang Draw, natural Community Civic Center runoff, drainage and Ditch and April 30, 2018 Pond precipitation, and Zang Draw Subject Water Rights Community Natural runoff, Ditch and drainage and Wilde Pond December 18, 2018 Church precipitation, Subject Continued From Last Page: Page 2 of 2 Ditch Water Rights

Public Notices

(AF)

(cfs)

31

70 AF 85 cfs (Conditional) 3.5 AF 85 cfs (Conditional)

Community Natural runoff, Ditch and drainage and April 27, 1998 75 AF 85 cfs Church precipitation, Subject Community Natural Ditch Water Rights runoff, Ditch and drainage and Plaster Lake February 8, 2001 154 AF 85 cfs Brunner /Church Graves andprecipitation, Zang Draw, Subject natural Ditch Water Rights Harry Dollison runoff, drainage and January 21, 1999 53 AF 50 cfs Brown Ditch and precipitation, Subject Zang Draw Natural Water Rights runoff, Reservoir Sagar / Community drainage and 80 AF Section 19 Ditch and Natural 85 cfs runoff,December 31, 2020 Community precipitation, Subject (Conditional) Pond Church drainage and Ditch andWater Rights February 8, 2001 154 AF 85 cfs Plaster Lake precipitation, Subject Church UNDERGROUND WATER RIGHTS 10.

Names of structures for which underground water rights Water Rights Ditch are sought: LeGault Pond, Midway Park Pond, Community Park Pond, 3207 Ponds (a.k.a. 10th Ave. Ponds and/or Ellie’s Pond), Trails of Westlake Pond, Zuni Detention Pond (a.k.a. Alexx and Michael’s Pond), Natural Well permits runoff, Markel’s and Siena Reservoir. for each structure will be applied for if required. The Sagar Pond, / Community drainage and7.2.1 through 7.2.14, above.80The date ofAF locations of these structures are described in sections appropriation 85 cfs December 31, 2020 Section 19 Ditch and (Conditional) precipitation, Subject for the underground water rights is summarized in the table below. Each appropriation was initiated either Pond Church Rights upon the date listed for the structure in Table 6, below, and/or

by Broomfield’s acquisition ofWater the structure by commencement of WATER planning and development of theofland on whichfor thewhich structure is located. water Overt rights acts UNDERGROUND RIGHTS 10.

Names structures underground UNDERGROUND WATER RIGHTS 10. Names of water structures forinclude which underground water rights are sought:ofLeGault in furtherance of the intent to appropriate the right the planning and development the usePond, are sought: LeGault Pond, Park Midway Park Pond, 3207Ellie’s Ponds (a.k.a.

10th Ave. Ponds Midway Park Pond, Community Pond,Park 3207Pond, PondsCommunity (a.k.a. 10th Ave. Ponds and/or Pond), Trails of Westlake Pond, of the land on which the structure is located, the use of the structure for beneficial purposes, and/or the Zuni Detention Pond (a.k.a.

Alexx and Michael’s Pond), Markel’s Pond, and Siena Reservoir.

Well permits for each structure and/or Ellie’s Pond), Trails of Westlake Pond, Zuni Detention Pond (a.k.a. Alexx and Michael’s Pond), will be of applied for if required.inThe locations of these structures are described in sections 7.2.1 through are 7.2.14, above.

The date filing the application this Court on December 31, 2020.

The uses of the structures all municipal Pond, Siena Reservoir.

Wellis permits for ineach structure beappropriation applied for was if required.

The ofMarkel’s appropriation for and the underground water rights summarized the table below.will initiated either purposes, but not limited to the aesthetic, scenic, recreation, fireEach protection, fishby and wildlife, by Broomfield’s of the structure upon listed for thethrough structure7.2.14, in Table 6, below, and/or commencement of locations including ofacquisition these structures are described indate sections 7.2.1 above.

The date of appropriation augmentation, replacement, water management, andbelow. with respect to Siena Reservoir regulation planning and development of theand landstorm on which the structure is located.

Overt acts in furtherance of the intent-to appropriate the for the underground water rights is summarized in the table Each appropriation was initiated either water right include the planning and development of the use of the land on which the structure is located, the use of the structure ofbysummer peakingacquisition associated with treatment plant.

The source and claimed rate Broomfield’s theofBroomfield’s structure uponwater listed for the 11. structure Table and/or for beneficial purposes, and/or theof filing the application inthe thisdate Court on December 31, 2020. inThe uses6, ofbelow, the structures are and amountpurposes, for each of structure are described in Table 6 below. amounts claimed conditional.

For all including but not limited to aesthetic, recreation, firethe protection, fishare wildlife, Overt augmentation, bymunicipal commencement planning and development of scenic, the land onAll which structure isand located. acts replacement, andthe storm water management, and with respect tosources Siena Reservoir - regulation of summer peaking associated completeness, described sources include all physical used to fill the structures, whether already in furtherance of thetreatment intent toplant. appropriate the water right include planning andstructure development of theinuse with Broomfield’s water 11. The source and claimed rate andthe for each are described Table decreed or rights arecompleteness, not claimed for amount already Thesources claimed 6of below.

All not. amounts claimed arewater conditional.

For the sources includeinflow. allpurposes, physical used the land on Underground which the structure is located, thebeing use of thedescribed structure for decreed beneficial and/or the to inflow rates for the structures are based the capacity of the ditch from structures are fill the structures, whether already decreed or not.onUnderground water rights are not beingwhich claimedthose for already decreed inflow. filing of the application in structures this Court December 31, 2020. uses of the those structures are are all primarily municipal The claimed inflow ratesdecreed for the areon based the capacity of theThe ditchof from structures filled. primarily filled.

The inflow rate will beonbased on the capacity the which inlet structures and the purposes, butbenot limited aesthetic, recreation, protection, fish andphysical wildlife,rate The decreed including inflow rate will based on the to capacity of the scenic, inlet structures and thefire physical sources of supply, including sources of supply, including rate of groundwater inflow. ofaugmentation, groundwater inflow. replacement, and storm water management, and with respect to Siena Reservoir - regulation Table 6:6:Ponds and Lakes for Which Underground Water Rights are Soughtare Sought Table Ponds and Lakes for Which of summer peaking associated with Underground Broomfield’s Water water Rights treatment plant. 11. The source and claimed rate Filling Date of Capacity Inflow Rate and amount for each structure are described in Table 6 below.

All amounts claimed are conditional.

For Pond Name Source (AF) (cfs) already completeness, Structure the described sources include all physicalAppropriation sources used to fill the structures, whether Tom Frost

tributary to claimed for already decreed inflow. The claimed decreed or not. UndergroundGroundwater water rights are not being BigareDry Creek, natural Community inflow rates for the structures based on the capacity of the ditch from which those structures are 28, 2003 200 structures AF 85 the cfs physical runoff,ratedrainage andonOctober LeGault and inflow primarily filled.Ditch The decreed will be based the capacity of the inlet and precipitation, Subject Church Ditch rate sources of supply, including of groundwater inflow.

Table 6: Ponds and Lakes forWater WhichRights Underground Water Rights are Sought Filling of Capacity Inflow Rate Groundwater tributary to Date Pond Name Source Structure (AF) (cfs) Zang Draw Big Dry Creek, Zang Appropriation Draw, naturaltributary runoff,to Midway Park and Groundwater June 3, 1955 1 AF 85 cfs Community and Pond Community drainage Big Dry Creek, natural Ditch Subject LeGault Ditch andprecipitation, runoff, drainage and October 28, 2003 200 AF 85 cfs Rights Church Ditch Water precipitation, Subject Zang Draw Groundwater Water Rightstributary to Community and Big Dry Creek, Zangto Groundwater tributary May 25, 1972 5 AF 85 cfs Park Pond Community natural runoff, Zang DrawDraw, Big Dry Creek, Zang drainage and Midway ParkDitch and Draw, natural runoff, June 3, 1955 1 AF 85 cfs Subject Community precipitation, Pond drainage and Water Rights Ditch precipitation, Subject Water Rights Zang Draw Groundwater tributary to Groundwater tributaryZang to Community and Big Dry Creek, May 25, 1972 5 AF 85 cfs 3207 / 10th Drainage Dry Creek, Park Pond Community / Big Draw, natural natural runoff, Avenue / Community runoff, 85 cfs Ditch drainagedrainage and andFebruary 29, 1988 15 AF Ellie's Pond) Ditch precipitation, Subject Water Rights Groundwater tributary to Trails of Community Big Dry Creek, natural 20 AF 85 cfs Westlake Ditch and runoff, drainage and July 27, 1987 Pond Church Ditch precipitation, Subject Water Rights Groundwater tributary to Big Dry Creek, natural Zuni / Alexx Community runoff, drainage and and Michael's July 31, 1989 25 AF 85 cfs precipitation, Subject Ditch Pond Water Rights, fire hydrant Groundwater tributary to Big Dry Creek, natural Markel's Community 5.5 AF 85 cfs runoff, drainage and June 25, 2008 Pond Ditch precipitation, Subject Water Rights Groundwater tributary to Community Coal Creek, C-BT, Windy Gap, natural Siena Ditch, January 13, 2009 450 AF 85 cfs runoff, drainage and Reservoir Southern precipitation, Subject Pipeline Water Rights AUGMENTATION INCLUDING OF SUBSTITUTION EXCHANGE AUGMENTATION PLAN PLAN INCLUDING RIGHTS OF RIGHTS SUBSTITUTION AND EXCHANGE 12.AND Names of structures to 12. be augmented: of All structures listed sections 7.2.1 through abovelisted (“Augmented Structures”). rights for the above Augmented Names structures to inbe augmented: All7.2.14, structures in sections 7.2.1 Water through 7.2.14, Structures are being sought in this application. Information related to the location, appropriation date, amount, source, and uses (“Augmented Structures”). Water rights for the Augmented Structures are being sought in this application. of each Augmented Structure is described in sections 8 through 11, above. 13. Water rights to be used for augmentation: 13.1 Information related to described the location, date, amount, and Subject uses ofWater eachRights Augmented The Subject Water Rights above.appropriation Water made available pursuant tosource, the changed may augment depletions from the Augmented Structures in sections through above, by to being andaugmentation: detained or stored diStructure is described in sections 8 through 11,7.2.1 above.

13. 7.2.14, Water rights be diverted used for rectly in the Augmented Structures; by being released and exchanged from Broomfield’s Wastewater Reclamation Facility outfall 13.1 Theto Subject Water Rights described above.15;Water made available pursuant to the changed Subject pursuant the exchange(s) described below in section by being released from Great Western Reservoir to Big Dry Creek via Walnut Creek, afteraugment having been pumped to the reservoir from the Wastewater by being delivered Water Rights may depletions from the Augmented StructuresReclamation in sectionsFacility; 7.2.1 through 7.2.14, into and released to Coal Creek from an existing augmentation station off Community Ditch located in the NW 1/4 of the NE 1/4 of above, by being diverted and detained or stored directly in the Augmented Structures; by being released Sec 26, T1S, R70W, 6th .P.M., or in an alternative proposed augmentation station located in the N ½ of Section 8, T1S, R68W or and Broomfield’s Reclamation outfall to the exchange(s) the Sexchanged ½ of Sectionfrom 5, T1S, R68W; and/orWastewater by being released from SienaFacility Reservoir to Coalpursuant Creek. The location of Broomfield’s described below in section 15; by being released from Great Western Reservoir to Big Dry Creek via Walnut Creek, after having been pumped to the reservoir from the Wastewater Reclamation Facility; by being delivered into and released to Coal Creek from an existing augmentation station off Community Ditch located in the NW 1/4 of the NE 1/4 of Sec 26, T1S, R70W, 6th .P.M., or in an alternative proposed augmentation station located in the N ½ of Section 8, T1S, R68W or the S ½ of Section 5, T1S, R68W; and/or by being released from Siena Reservoir to Coal Creek. The location of Broomfield’s Wastewater Reclamation Facility outfall is NW 1/4 of the SE 1/4 of Section 32, T1S, R68W of the 6th P.M. 13.2 Heit Pit Storage Right decreed by this Court in Case No. 09CW96. Water made available pursuant to the Heit Pit Storage Right may augment depletions from the Augmented Structures by being released to Little Dry Creek and then to the South Platte River. The source of this Heit Pit Storage Right is the South Platte River, from the points and as described in the 09CW96 decree. The location of Heit Pit is: in the South Half of

Wastewater Reclamation Facility outfall is NW 1/4 of the SE 1/4 of Section 32, T1S, R68W of the 6th P.M. 13.2 Heit Pit Storage Right decreed by this Court in Case No. 09CW96. Water made available pursuant to the Heit Pit Storage Right may augment depletions from the Augmented Structures by being released to Little Dry Creek and then to the South Platte River. The source of this Heit Pit Storage Right is the South Platte River, from the points and as described in the 09CW96 decree. The location of Heit Pit is: in the South Half of the Northeast Quarter, and the North Half of the Southeast Quarter of Section 13, Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado. 13.3. South Platte Wellfield/Wells water right decreed by this Court in Case No. 09CW96. The South Platte Wellfield/Wells will be comprised of SPR Well No. 1 and additional wells located on the west bank of the South Platte River in the Southwest 1/4 of Section 18 and part of the Northeast 1/4 of the Northwest 1/4 of Section 19, Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado. Water from the South Platte Wellfield/ Wells may be pumped to and released from Heit Pit, or discharged directly to the South Platte River. 13.4 Consolidated Mutual Water Company effluent or other consumable water released to the South Platte River and its tributaries by The Consolidated Mutual Water Company (“Consolidated”) pursuant to the December 16, 2002 Raw Water Service Agreement between Pulte Home Corporation and Consolidated (assigned to Broomfield on January 16, 2009) at the Perry Pit (the outfall of which is located in the NW 1/4 of the NW 1/4 of Section 30, Township 1 North, Range 66 West of the 6th P.M.) , the Heit Pit, the Metro Reclamation District Wastewater Treatment Plant (the outfall of which is located in the SE 1/4 of the SW 1/4, Section 1, Township 3 South, Range 68 West of the 6th P.M.), and/ or the proposed Northern Metro Treatment Plant (the outfall of which is located in the SE 1/4 of the SW 1/4 of Section 31, Township 1 North, Range 66 West, of the 6th P.M.) 13.5 Windy Gap effluent released at Broomfield’s Wastewater Reclamation Facility and/or Great Western Reservoir into Big Dry Creek and/or Heit Pit or Koenig Pit released to Little Dry Creek and/or South Platte River; and/or Windy Gap raw water released to Coal Creek from Siena Reservoir, described above, or Matthew D. Glasser Reservoir located in the E 1/2 of the SW 1/4 and the W 1/2 of the SE 1/4 of Section 18, Township 1 South, Range 68 West. Koenig Pit is located in the S1/2 SE1/4 of Section 13, Township 2 North, Range 67 West, 6th P.M., in Weld County, Colorado. Broomfield owns 56 Windy Gap units. Windy Gap effluent results from Broomfield’s use of Windy Gap Project water, a transmountain water diversion project that delivers water from the Colorado River Basin to the South Platte River Basin. Broomfield owns a Water Allotment Contract with the Municipal Subdistrict of the Northern Colorado Water Conservancy District, a political subdivision of the State of Colorado, for 56 units of Windy Gap Project water. The water rights for the Windy Gap Project consist of the Windy Gap Pump, Pipeline and Canal, Windy Gap Pump, Pipeline and Canal First Enlargement, Windy Gap Pump, Pipeline and Canal Second Enlargement, and Windy Gap Reservoir. These water rights were originally decreed in Civil Action No. 1768, Grand County District Court, on October 27, 1980, and in Case Nos. W-4001 and 80CW108, District Court, Water Division No. 5, on October 27, 1980. Windy Gap Project water is introduced, stored, carried and delivered in and through the components of the Colorado-Big Thompson Project. The sources of water for the Windy Gap Project are the Colorado River and Willow Creek, a tributary of the Colorado River. 13.6 Direct flow water rights (Broomfield Discharge Diversion Point and Broomfield Big Dry Creek Diversion Point) decreed by this Court in Case No. 98CW436 released and/or by-passed into Big Dry Creek and/or recaptured and stored in Heit Pit and/or Koenig Pit and subsequently released to Little Dry Creek and/or South Platte River. The source of the Broomfield Discharge Point water right is effluent from the Broomfield wastewater treatment plant, tributary to Big Dry Creek, tributary of the South Platte River. Its location is: commencing at the center of Section 32, Township 1 South, Range 68 West, of the Sixth Principal Meridian, County of Adams, State of Colorado, whence the East one-quarter corner of said Section 32 bears South 89 degrees 46 minutes 32 seconds East a distance of 2,646.68 feet, said line forming the basis of bearings for this description, thence South 69 degrees 9 minutes 23 seconds East, a distance of 1,006.42 feet to the Discharge Diversion Point, whence said East one-quarter corner bears North 78 degrees 28 minutes 47 seconds East, a distance of 1,741.17 feet. The source of the Broomfield Big Dry Creek Diversion Point is Big Dry Creek. Its location is: commencing at the Center of Section 32, Township 1 South, Range 68 West, of the Sixth Principal Meridian, County of Adams, State of Colorado, whence the East one-quarter corner of said Section 32 bears South 89 degrees 46 minutes 32 seconds East a distance of 2,646.68 feet, said line forming the basis of bearings for this description, thence South 70 degrees 46 minutes 39 seconds East, a distance of 1,020.11 feet to the Big Dry Creek Diversion Point, whence said East onequarter corner bears North 79 degrees 03 minutes 25 seconds East, a distance of 1,714.60 feet. 13.7 Direct flow water rights (Broomfield Discharge Diversion Point Enlargement, Broomfield Big Dry Creek Diversion Point Enlargement, and Bull Canal Diversion Point) decreed by this Court in Case No. 2004CW310 on June 30, 2009, released and/or by-passed into Big Dry Creek and/or recaptured and stored in Heit Pit or Koenig Pit and subsequently released to Little Dry Creek and/or the South Platte River. The sources and locations of the Broomfield Discharge Diversion Point Enlargement and the Broomfield Big Dry Creek Diversion Point Enlargement water rights are described above in section 13.6. The source of the Bull Canal Diversion Point is Big Dry Creek. Its location is a point on Big Dry Creek in the NW1/4 of the SE1/4 of Section 28, Township 1 South, Range 68 West, of the 6th Principal Meridian, in Adams County, Colorado. 13.8 Storage rights, decreed by this Court in Case No. 2006CW288, released from the Heit Pit to the South Platte River and/ or Little Dry Creek. The source of the storage rights is the South Platte River and its tributaries, including Little Dry Creek and Big Dry Creek, diverted through the Lupton Bottom Ditch, Meadow Island No. 1 Ditch, or the Little Dry Creek Diversion, described in the 2006CW288 decree. 13.9 Fully consumable water from the water rights represented by 0.5 shares of the Lupton Bottom Ditch Company and 116 shares of the Lupton Meadows Ditch Company that were changed by the decree entered by this Court in Case No. 2005CW290 dated June 9, 2009. Water made available by the changed shares may augment depletions from the Augmented Structures via release to the South Platte River and/or Little Dry Creek directly or from storage in Koenig Pit and/or Heit Pit and/or from existing or to-be-constructed augmentation stations as described in paragraph 10.c. of the 05CW290 decree. 13.10 Fully consumable water from Walnut Creek, decreed by this Court in Case No. 2008CW02, released to Great Western Reservoir by the Department of Energy, and subsequently delivered to Big Dry Creek via Walnut Creek. 13.11 Broomfield lawn irrigation return flows returning to Big Dry Creek and Boulder Creek, once the same are quantified and decreed in a separate proceeding. 13.12 The Church Ditch Broomfield filing AKA Golden City Ralston Creek and Church Ditch direct flow water right decreed by this Court in Case No. 81CW460 for replacement or augmentation purposes. The source is Clear Creek. The decreed location is a point located on the North Bank of Clear Creek in the Northeast 1/4 of Section 32, Township 3 South, Range 70 West of the 6th Principal Meridian, County of Jefferson, State of Colorado, more particularly described in paragraph 3 of the 81CW460 decree. 13.13 The Great Western Reservoir, Broomfield Enlargement, water storage right decreed by this Court in Case No. 81CW463 for replacement or augmentation purposes. The source of water is Clear Creek. The location is described above in section 7.2.15. 13.14 Fully consumable effluent released or delivered to the South Platte River and its tributaries by the City of Aurora pursuant to the 2009 Water Delivery Contract between Broomfield and Aurora. The delivery point is the outfall of the Metro Wastewater Reclamation District treatment facility or any other delivery point on the South Platte River provided that any such other delivery point is within a reach of the South Platte River beginning at or below Metro and continuing downstream to a point at or above the headgate of Meadow Island No. 1 Ditch. 13.15 Fully consumable water delivered by the City of Aurora into Little Dry Creek out of the Brantner Ditch at an augmentation station located in the NW 1/4 of the SW 1/4 of Section 3, Township 1 North, Range 67 West, of the 6th P.M. 13.16 Effluent delivered by the City of Arvada to the South Platte River at the Metro Wastewater Reclamation District treatment facility, subject to the provisions of paragraph 29.a. of the decree in Case No. 09CW96 (“[Broomfield] shall not use Arvada effluent as a source of substitute supply in this plan for augmentation until such time as it has obtained the legal right to the use of said effluent from Arvada. Use of Arvada effluent shall be governed by the terms and conditions of any agreement with Arvada permitting the use of said effluent”). 13.17 Pursuant to C.R.S. § 37-92-305(8), Broomfield also proposes to use in the future as augmentation supplies or return flow replacement supplies other water rights or sources of water that Broomfield then owns or controls, provided that they are decreed for, or otherwise available for, augmentation or replacement purposes or may be used for augmentation or replacement purposes pursuant to a State Engineer-approved substitute water supply plan pursuant to C.R.S. § 37-92-308 or interruptible supply plan pursuant to C.R.S. § 37-92-309, or any amendment thereof, and provided that Broomfield can make such supplies available at the locations, at the time, and in the amount required for such augmentation or replacement. Pursuant to C.R.S. § 37-92-305(8), required procedures to allow Broomfield’s use of such additional sources will be determined in this proceeding. Broomfield also claims the right to use such other water in one or more substitute water supply plans that may be approved for operations prior to entry of a final decree. 14. Complete statement of plan for augmentation: Under this plan for augmentation, Broomfield will replace injurious out-of-priority depletions caused by the structures described in sections 7.2.1 through 7.2.14, above. The depletions may be caused by storage or detention of runoff and precipitation in the structures or by evaporation from the unlined ponds. The injurious out-of-priority depletions will be replaced with water from the sources described in section 13, above, at the locations described in that above section. APPROPRIATIVE RIGHTS OF SUBSTITUTION AND EXCHANGE 15. When a valid call is being administered from a water right senior to December 31, 2020, and when all or part of the augmentation or required historical return flow replacement water is provided below the location of the depletion from an Augmented Structure or below the location where the historical return flow replacement is required to be made, Broomfield will augment injurious out-of-priority depletions and/or replace required historical return flows via one or more of the following appropriative rights of substitution and exchange: 15.1 Exchange reach: 15.1.1 Downstream Terminus: Confluence of Little Dry Creek and the South Platte River, in the S ½ NE 1/4 , Section 12, Township 2 North, Range 67 West of the 6th P.M. 15.1.2 Upstream Terminus: in the NE 1/4 of Section 12, Township 2 South, Range 69 West of the 6th P.M., at the location of the most upstream point where depletions from the Augmented Structures accrue to Big Dry Creek. The Exchange Reach is depicted on Exhibit D attached hereto. Within the Exchange Reach, other exchange-from points are claimed for the delivery or release point of each structure and source described in section 13, above, and other exchange-to points are claimed for the point of depletion for each Augmented Structure and at each required return flow replacement location. Matrices of all the exchangefrom and exchange-to points claimed herein will be developed during the proceeding. 15.2 The date of appropriation of the substitutions and exchanges is December 31, 2020. The appropriations were initiated by formation of the intent to utilize the substitutions and exchanges to replace depletions caused by the structures described herein and the filing of the application in water court on December 31, 2020. 15.3 The maximum rate of the exchanges is estimated not to exceed 10 cfs. Broomfield seeks a decree for whatever exchange rate(s) are determined in this proceeding, even if higher than the estimated rate described in this section. 15.4 The sources of substitute supply for the exchange are the sources described in section 13, above. 15.5 The proposed uses are augmentation and replacement. Broomfield acknowledges that the State and Division Engineers may refer to all or portions of these exchange rights as an “exchange project” or an “exchange project right.” 16. Name(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Aspen Street Land, LLC ℅ Ryan Aweida, Member, 14100 Aspen Street, Broomfield, CO 80020, is the owner of the structure referred to as Wilde Pond in section 7.2.7, above. Broomfield is the owner of land on which any other new diversion or storage structures will be located. No other new diversion or storage structures, or modifications to any existing diversion or storage structures, are involved. 17. Broomfield agrees that it will not use water rights or structures owned by others if it has not first acquired a lawful right to do so.

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

Legal Notice No. 707255 | First Publication: January 21, 2021 | Last Publication: January 21, 2021 Publisher: Westminster Window

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