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  • February 14 - DISTRICT COURT, WATER DIVISION NO. 2, COLORADO TO: ALL INTERESTED PARTIES Pursuant to C.R.S. 37-92-302, you are hereby notified that the following case is a portion of the resume of applications and amendments filed and/or ordered published during the month of January 2016, in Water Division No. 2. The Water Judge ordered this case be published in The Gazette in El Paso County, Colorado. The name(s) and address(es) of applicant(s), description of water rights or conditional water rights and description of ruling sought as reflected by said application, or amendment, are as follows. ------------------------------------------------------------ CASE NO. 2016CW3006; Previous Case Nos. W-399, 1981CW141(W-399), 1985CW80(W-399), 1989CW44(W-399), 1996CW11(W-399), 2002CW107(W-399), 2009CW75 - WATER RESOURCE DEVELOPMENT COMPANY, c/o Mark Watson, President, 3 Widefield Boulevard, Colorado Springs, Colorado 80911. (Please direct all communications/pleadings to: Sarah A. Klahn, and/or Courtney J. Krause, WHITE & JANKOWSKI, LLP, 511 Sixteenth Street, #500, Denver, Colorado 80202; (303) 595-9441) Application for Finding of Reasonable Diligence EL PASO COUNTY, COLORADO II. Remarks: a. Water Resource Development Company ("WRDC") is the successor in interest of Widefield Homes Water Company. Widefield Homes appropriated or acquired the water rights that are the subject of this diligence application, and WRDC now owns and maintains these water rights. The Subject Water Rights are used by the Widefield Water & Sanitation District ("Widefield") under a Master Water Lease. Widefield Water & Sanitation District maintains a municipal water and utility system not only for the benefit of its customers but also for the benefit of such extra-territorial water users that may be within its defined service area, consistent with contractual commitments and/or agency relationships. A map of the Widefield Service Area is attached to the Application as Exhibit 1. (All exhibits mentioned herein are incorporated by reference and may be inspected at the office of the clerk of this Court.) b. In W-399, numerous water rights appropriated or owned by Widefield Homes were adjudicated by the Division 2 Water Court. The W-399 decree entered on August 15, 1977. Many of those water rights have been sold to other, neighboring municipal water users. The three remaining wells owned by WRDC and used by Widefield are listed below. c. The water rights for which diligence is sought in this matter are part of Widefield's integrated municipal water system which diverts, treats, stores and delivers water to its municipal customers. During the diligence period, Widefield and/or WRDC engaged in activities that demonstrate a diligent effort to perfect these conditional water rights and also engaged in diligence activities in support of the further development of Widefield's integrated system. III. Name and location of structures: a. W-399: i. Widefield Well No. 3: Located in the NE ¼ of the NW ¼ of Section 24, Township 15 South, Range 66 West of the 6th P.M., approximately 30 feet North of the South line of said NE1/4 of the NW ¼ and approximately 500 feet West of the center line of said Section 24 in El Paso County, Colorado. 1. Appropriation date: August 26, 1963 2. Depth: 73 feet. 3. Amounts: a total of 9.691 cfs. 3.756 cfs have been decreed as absolute and 5.935 cfs remains conditional. ii. Widefield Well No. 4: Located in the NE ¼ of the NW ¼ of Section 24, Township 15 South, Range 66 West of the 6th P.M. approximately 795 feet West of the center line of said Section 24 and approximately 690 feet South of the North line of Section 24, in El Paso County, Colorado. 1. Appropriation date: March 24, 1964. 2. Depth: 71 feet. 3. Amounts: a total of 4.511 cfs. 3.34 cfs decreed absolute and 1.171 cfs remains conditional. iii. Widefield Well No. 13: Located in the NE ¼ of the SW ¼ of Section 19, Township 15 South, Range 65 West of the 6th P.M., at a point approximately 2240 feet North of the South section line and 2215 feet East of the West section line of said Section 19, in El Paso County, Colorado. 1. Appropriation date: April 30, 1953. 2. Depth: 32 feet. 3. Amounts: a total of 0.44 cfs. 0.22 cfs decreed absolute and 0.22 cfs remains conditional. iv. Source: Underground water from the alluvium of Fountain Creek, a tributary of the Arkansas River. IV. Detailed outline of what has been done to perfect and put to beneficial use the above-named conditional water rights consistent with their decrees, including expenditures. The subject water rights are integral to Widefield's unified municipal water supply system. Accordingly diligence on part of the system serves as reasonable diligence on the entire system. Applicants will use the remaining conditional amounts on lands located within Widefield's service area. Widefield Water & Sanitation District and WRDC have spent approximately $3 million on planning, design, site acquisitions, legal and construction efforts related to water system facilities to meet anticipated demands from residential and commercial growth within the District. Activities and expenditures that demonstrate diligent development of the subject water rights: 1. During the diligence period, WWSD has added roughly 1300 water taps. 2. Approximately 640 acres of property has been finalized for addition to the Widefield service area. Roughly 2400 single family equivalent homes are anticipated for this additional area of development. Efforts and expenditures include engineering to develop preliminary service plans, development of reimbursement agreements and definition and negotiation of easements for off-site pipelines. Legal costs have included efforts in drafting inclusion agreements, service agreement, and reimbursement agreement. 3. The WWSD reviewed and approved designs and inspected facilities associated with over 3 miles of new distribution lines constructed within the District's primary growth areas, including Glen, Mesa Ridge, and Lorson. 4. During the diligence period, Widefield completed upgrades to various wells in the Widefield system, including Well W-3. These improvements included upgrading power distribution systems to increase reliability and extend pumping periods. 5. WWSD expanded and upgraded west to east water potable transmission lines to facilitate greater reliance on ground water rights in the Widefield Aquifer to serve the growth in the eastern areas of the District. 6. During the diligence period approximately $0.5 million was spent in acquisition of easements which included acquiring and demolishing a single family home as well as all engineering necessary for completion of Phases 3 and 4 of the Lower West to East System. These costs include actual acquisition, engineering, and legal costs. 7. WWSD completed ongoing and annual engineering efforts related to system expansion, water rights acquisition, and facility upgrades. These engineering and construction efforts required expenditure of roughly $1.5 million. 8. Widefield successfully engaged in negotiations and water planning efforts to supply water to the new National Military Cemetery to be located within the District. ------------------------------------------------------------ THE WATER RIGHTS CLAIMED BY THE FOREGOING APPLICATION(S) MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT AND PROTEST WITHIN THE TIME PROVIDED BY STATUTE, OR BE FOREVER BARRED. YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or application as amended, may file with the Water Clerk 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 March 2016, (forms available at Clerk's office or at www.courts.state.co.us, must be served on parties and certificate of service must be completed; filing fee $158.00). The foregoing are resumes and the entire application, amendments, exhibits, maps and any other attachments filed in each case may be examined in the office of the Clerk for Water Division No. 2, at the address shown below. ------------------------------------------------------------ Witness my hand and the seal of this Court this 8th day of February, 2016. /s/ Mardell R. DiDomenico ________________________________ Mardell R. DiDomenico, Clerk District Court Water Div. 2 501 N. Elizabeth Street, Suite 116 Pueblo, CO 81003 (719) 404-8832 (Court seal) Published: February _____, 2016
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