Details for DISTRICT COURT, WATER DIVISION NO.

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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 219, 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. 2019CW3006; JAMES AND KAREN LEE MARTENS, 8190 Poco Road, Colorado Springs, CO 80908 (Please address all pleadings and inquiries regarding this matter to Applicants' attorneys: David M. Shohet and Emilie B. Polley, Monson, Cummins & Shohet, LLC, 13511 Northgate Estates Drive, Suite 250, Colorado Springs, CO 80921 (719) 471-1212). Application for Adjudication of Denver Basin Groundwater and for Approval of Plan for Augmentation EL PASO COUNTY Legal Description of Wells. All wells will be located on Applicant's approximately twelve (12) acre property ("Applicant's Property") anticipated to be subdivided into two lots of seven (7) and five (5) acres each. Applicant's Property is depicted on the Exhibit A map attached to the application, whose address is 8190 Poco Road, Colorado Springs, Colorado 80908-4728, and more particularly described as follows: The West two-thirds (2/3) of the S½ of the SE¼ of the NW¼ of Section 28 in Township 12 South, Range 65 West of the 6th P.M., except the South 60 feet thereof conveyed to El Paso County for road purposes by Deed recorded in Book 2274 at Page 314, El Paso County, Colorado. (All exhibits mentioned herein are incorporated by reference and may be inspected at the office of the clerk of this Court.). Water Source. Not-Nontributary. Groundwater withdrawn from the Dawson and Denver aquifers underlying the Applicant's Property is not-nontributary. Pursuant to C.R.S. §37-90-137(9)(c.5), the augmentation requirements for wells in the Dawson aquifer will require the replacement of actual stream depletions. Wells completed to the Denver aquifer require 4% replacement. Nontributary. The groundwater withdrawn from the Arapahoe, and Laramie-Fox Hills underlying the Applicant's Property is nontributary. Estimated Rates of Withdrawal. The pumping rates for each well will vary according to aquifer conditions and well production capabilities. The Applicant requests the right to withdraw ground water at rates of flow necessary to withdraw the entire decreed amounts. The actual depth of each well to be constructed within the respective aquifers will be determined by topography and actual aquifer conditions. Estimated Average Annual Amounts of Ground Water Available. Applicant requests a vested right for the withdrawal of all legally available ground water in the Denver Basin aquifers underlying the Applicant's Property. Said amounts may be withdrawn over the 300-year life of the aquifers as required by El Paso County, Colorado Land Development Code §8.4.7(C)(1) which is more stringent than the State of Colorado's 100-year life requirement pursuant to C.R.S. §37-90-137(4). Applicant estimates that the following values and average annual amounts are representative of the Denver Basin aquifers underlying Applicant's Property: AQUIFER NET SAND Total Appropriation Annual Avg.Withdrawal Annual Avg.Withdrawal (Feet) (Acre Feet) 100 years 300 Years (Acre Feet) (Acre Feet) Dawson (NNT) 196 468 4.68 1.56 Denver (NNT) 297 606 6.06 2.02 Arapahoe (NT) 256 522 5.22 1.74 Laramie Fox Hills (NT) 190 342 3.42 1.14 Decreed amounts may vary from the above table to conform with the State's Determination of Facts. Pursuant to C.R.S. §37-92-305(11), the Applicant further requests that the Court retain jurisdiction to finally determine the amount of water available for appropriation and withdrawal from each aquifer. Requested Uses. The Applicant requests the right to use the groundwater for beneficial uses upon the Applicant's Property consisting of domestic, commercial, irrigation, stock water, recreation, wildlife, wetlands, fire protection, and also for storage and augmentation purposes associated with such uses. The Applicant also requests that the nontributary water may be used, reused, and successively used to extinction, both on and off the Applicant's Property subject, however, to the requirement of C.R.S. §37-90-137(9)(b), that no more than 98% of the amount withdrawn annually shall be consumed. Applicant may use such water by immediate application or by storage and subsequent application to the beneficial uses and purposes stated herein. Provided, however, Applicant shall only be entitled to construct wells or use water from the not-nontributary Dawson and Denver aquifers pursuant to a decreed augmentation plan entered by this Court, covering the out-of-priority stream depletions caused by the use of such not-nontributary aquifers in accordance with C.R.S. §37-90-137(9)(c.5). Well Fields. Applicant requests that they be permitted to produce the full legal entitlement from the Denver Basin aquifers underlying Applicant's Property through any combination of wells. Applicant requests that these wells be treated as a well field. Averaging of Withdrawals. Applicant requests that they be entitled to withdraw an amount of groundwater in excess of the average annual amount decreed to the aquifers beneath the Applicant's Property, so long as the sum of the total withdrawals from all the wells in the aquifers does not exceed the product of the number of years since the date of issuance of the original well permit or the date of entry of a decree herein, whichever comes first, multiplied by the average annual volume of water which the Applicant is entitled to withdraw from the aquifers underlying the Applicant's Property. Owner of Land Upon Which Wells are to Be Located. The land upon which the wells are and will be located is owned by the Applicant. Structures to be Augmented. The structures to be augmented are two wells, the Martens Wells Nos. 1 and 2, along with any replacement or additional wells associated therewith, as likewise may be constructed to the Dawson aquifer underlying the Applicant's Property as requested and described herein. One well, Well Permit No. 172086, may be one of the augmented structures under this plan. Water Rights to be Used for Augmentation. The water rights to be used for augmentation during pumping are the return flows resulting from the pumping of the Martens Wells Nos. 1 and 2, together with water rights from the nontributary aquifers for any injurious post pumping depletions. Statement of Plan for Augmentation. Potential water use criteria and their consumptive use component for replacement of actual depletions for the lots are estimated as follows: Uses. Household Use Only: 0.30 acre feet annually within one single family dwelling on each lot, with a maximum of ten percent consumptive use based on a nonevaporative septic leach field disposal systems. The annual consumptive use for each lot will therefore be 0.025 acre feet per well, with return flows of 0.225 acre feet per lot. Landscape Irrigation: 0.05 acre feet annually per 1,000 square feet (2.18 acre feet per acre) per year, with an 85% assumed consumptive use rate. The annual consumptive use for each 1,000 square feet of lawn and garden irrigated is therefore 0.042 acre feet. Horses (or equivalent livestock): 0.011 acre feet annually (10 gallons per day) per head with a one hundred percent consumptive use component. Each well will pump a maximum of 0.78 acre feet of water per year per residence for a maximum total of 1.56 acre feet being withdrawn from the Dawson and Denver aquifers per year. Such use shall be a combination of household use, irrigation of lawn and garden, and the watering of horses or equivalent livestock. An example breakdown of this combination of use, utilizing the factors described above, is household use of 0.30 acre feet of water per year per residence with the additional 0.8 acre feet per year per residence available for irrigation of approximately 9,500 square feet of lawn and garden and the watering of up to four horses or equivalent livestock on each residential lot. Augmentation of Depletions During Pumping. Pursuant to C.R.S. §37-90-137(9)(c.5), Applicant is required to replace actual stream depletions attributable to pumping of the two residential wells. Depletions during pumping will be effectively replaced by residential return flows from non-evaporative septic systems. The annual consumptive use for non-evaporative septic systems is 10% per year per residence. At a household use rate of 0.30 acre feet per residence per year, total of 0.60 acre feet, 0.54 acre feet is replaced to the stream system per year, utilizing non-evaporative septic systems. Applicant will not cause stream depletions to exceed this amount during pumping. Augmentation for Post Pumping Depletions. For the replacement of any injurious post-pumping depletions which may be associated with the use of the Martens Wells Nos. 1 and 2, Applicant will reserve available rights in a nontributary aquifer, accounting for actual stream depletions replaced during the plan pumping period. Applicant also reserves the right to substitute other legally available augmentation sources for such post pumping depletions upon further approval of the Court under its retained jurisdiction. Even though this reservation is made, under the Court's retained jurisdiction, Applicant reserves the right in the future to prove that post pumping depletions will be noninjurious. The reserved nontributary groundwater will be used to replace any injurious post-pumping depletions. Upon entry of a decree in this case, the Applicant will be entitled to apply for and receive a new well permit for the Martens Wells Nos. 1 and 2 for the uses in accordance with this Application and otherwise in compliance with C.R.S. §37-90-137. Remarks. Applicant requests a finding that they have complied with C.R.S. §37-90-137(4), and that the ground water requested herein is legally available for withdrawal by the requested not-nontributary wells upon the entry of a decree approving an augmentation plan pursuant to C.R.S. §37-90-137(9)(c.5). The term of this augmentation plan is for 300 years, however the length of the plan for a particular well may be extended beyond such time provided the total plan pumping allocated thereto is not exceeded. Post pumping stream depletions accrue to a particular well or wells only to the extent related to that well's actual pumping. The Court will retain jurisdiction over this matter to provide for the adjustment of the annual amount of ground water withdrawals to be allowed in order to conform to actual local aquifer characteristics from adequate information obtained from well drilling or test holes. The Applicant requests a finding that vested water rights of others will not be materially injured by the withdrawals of ground water and the proposed plan for augmentation. The wells shall be installed and metered as reasonably required by the State Engineer. Each well must be equipped with a totalizing flow meter and Applicant shall submit diversion records to the Division Engineer on an annual basis or as otherwise requested by the Division Engineer. The Applicant shall also provide accountings to the Division Engineer and Water Commissioner as required by them to demonstrate compliance under this plan of augmentation. ------------------------------------------------------------------------------------------------------------ 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 2019, (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 $192.00). 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 7th day of February 2019. /s/ Michele M. Santistevan ________________________________ Michele M. Santistevan, Clerk District Court Water Div. 2 501 N. Elizabeth Street, Suite 116 Pueblo, CO 81003 (719) 404-8749 (Court seal) Published in the Gazette: February 12, 2019

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 219, 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. 2019CW3006; JAMES AND KAREN LEE MARTENS, 8190 Poco Road, Colorado Springs, CO 80908 (Please address all pleadings and inquiries
regarding this matter to Applicants’ attorneys: David M. Shohet and Emilie B. Polley, Monson, Cummins & Shohet, LLC, 13511 Northgate Estates
Drive, Suite 250, Colorado Springs, CO 80921 (719) 471-1212).
Application for Adjudication of Denver Basin Groundwater and for Approval of Plan for Augmentation
EL PASO COUNTY
Legal Description of Wells. All wells will be located on Applicant’s approximately twelve (12) acre property (“Applicant’s Property”) anticipated to
be subdivided into two lots of seven (7) and five (5) acres each. Applicant’s Property is depicted on the Exhibit A map attached to the application,
whose address is 8190 Poco Road, Colorado Springs, Colorado 80908-4728, and more particularly described as follows: The West two-thirds (2/3)
of the S½ of the SE¼ of the NW¼ of Section 28 in Township 12 South, Range 65 West of the 6th P.M., except the South 60 feet thereof conveyed to El
Paso County for road purposes by Deed recorded in Book 2274 at Page 314, El Paso County, Colorado. (All exhibits mentioned herein are incorporated by reference and may be inspected at the office of the clerk of this Court.). Water Source. Not-Nontributary. Groundwater withdrawn from
the Dawson and Denver aquifers underlying the Applicant’s Property is not-nontributary. Pursuant to C.R.S. §37-90-137(9)(c.5), the augmentation
requirements for wells in the Dawson aquifer will require the replacement of actual stream depletions. Wells completed to the Denver aquifer require 4% replacement. Nontributary. The groundwater withdrawn from the Arapahoe, and Laramie-Fox Hills underlying the Applicant’s Property
is nontributary. Estimated Rates of Withdrawal. The pumping rates for each well will vary according to aquifer conditions and well production
capabilities. The Applicant requests the right to withdraw ground water at rates of flow necessary to withdraw the entire decreed amounts. The
actual depth of each well to be constructed within the respective aquifers will be determined by topography and actual aquifer conditions. Estimated Average Annual Amounts of Ground Water Available. Applicant requests a vested right for the withdrawal of all legally available ground
water in the Denver Basin aquifers underlying the Applicant’s Property. Said amounts may be withdrawn over the 300-year life of the aquifers
as required by El Paso County, Colorado Land Development Code §8.4.7(C)(1) which is more stringent than the State of Colorado’s 100-year life
requirement pursuant to C.R.S. §37-90-137(4). Applicant estimates that the following values and average annual amounts are representative of
the Denver Basin aquifers underlying Applicant’s Property:
AQUIFER
NET SAND
Total Appropriation
Annual Avg.Withdrawal
Annual Avg.Withdrawal

(Feet)
(Acre Feet)
100 years
300 Years

(Acre Feet)
(Acre Feet)
Dawson
(NNT)
196
468
4.68
1.56
Denver
(NNT) 297
606
6.06
2.02
Arapahoe
(NT)
256
522
5.22
1.74
Laramie Fox Hills (NT)
190
342
3.42
1.14
Decreed amounts may vary from the above table to conform with the State’s Determination of Facts. Pursuant to C.R.S. §37-92-305(11), the Applicant further requests that the Court retain jurisdiction to finally determine the amount of water available for appropriation and withdrawal
from each aquifer. Requested Uses. The Applicant requests the right to use the groundwater for beneficial uses upon the Applicant’s Property
consisting of domestic, commercial, irrigation, stock water, recreation, wildlife, wetlands, fire protection, and also for storage and augmentation
purposes associated with such uses. The Applicant also requests that the nontributary water may be used, reused, and successively used to
extinction, both on and off the Applicant’s Property subject, however, to the requirement of C.R.S. §37-90-137(9)(b), that no more than 98% of the
amount withdrawn annually shall be consumed. Applicant may use such water by immediate application or by storage and subsequent application to the beneficial uses and purposes stated herein. Provided, however, Applicant shall only be entitled to construct wells or use water from
the not-nontributary Dawson and Denver aquifers pursuant to a decreed augmentation plan entered by this Court, covering the out-of-priority
stream depletions caused by the use of such not-nontributary aquifers in accordance with C.R.S. §37-90-137(9)(c.5). Well Fields. Applicant requests that they be permitted to produce the full legal entitlement from the Denver Basin aquifers underlying Applicant’s Property through any
combination of wells. Applicant requests that these wells be treated as a well field. Averaging of Withdrawals. Applicant requests that they be
entitled to withdraw an amount of groundwater in excess of the average annual amount decreed to the aquifers beneath the Applicant’s Property,
so long as the sum of the total withdrawals from all the wells in the aquifers does not exceed the product of the number of years since the date
of issuance of the original well permit or the date of entry of a decree herein, whichever comes first, multiplied by the average annual volume of
water which the Applicant is entitled to withdraw from the aquifers underlying the Applicant’s Property. Owner of Land Upon Which Wells are to
Be Located. The land upon which the wells are and will be located is owned by the Applicant. Structures to be Augmented. The structures to be
augmented are two wells, the Martens Wells Nos. 1 and 2, along with any replacement or additional wells associated therewith, as likewise may
be constructed to the Dawson aquifer underlying the Applicant’s Property as requested and described herein. One well, Well Permit No. 172086,
may be one of the augmented structures under this plan. Water Rights to be Used for Augmentation. The water rights to be used for augmentation during pumping are the return flows resulting from the pumping of the Martens Wells Nos. 1 and 2, together with water rights from the
nontributary aquifers for any injurious post pumping depletions. Statement of Plan for Augmentation. Potential water use criteria and their
consumptive use component for replacement of actual depletions for the lots are estimated as follows: Uses. Household Use Only: 0.30 acre feet
annually within one single family dwelling on each lot, with a maximum of ten percent consumptive use based on a nonevaporative septic leach
field disposal systems. The annual consumptive use for each lot will therefore be 0.025 acre feet per well, with return flows of 0.225 acre feet
per lot. Landscape Irrigation: 0.05 acre feet annually per 1,000 square feet (2.18 acre feet per acre) per year, with an 85% assumed consumptive
use rate. The annual consumptive use for each 1,000 square feet of lawn and garden irrigated is therefore 0.042 acre feet. Horses (or equivalent
livestock): 0.011 acre feet annually (10 gallons per day) per head with a one hundred percent consumptive use component. Each well will pump
a maximum of 0.78 acre feet of water per year per residence for a maximum total of 1.56 acre feet being withdrawn from the Dawson and Denver
aquifers per year. Such use shall be a combination of household use, irrigation of lawn and garden, and the watering of horses or equivalent
livestock. An example breakdown of this combination of use, utilizing the factors described above, is household use of 0.30 acre feet of water
per year per residence with the additional 0.8 acre feet per year per residence available for irrigation of approximately 9,500 square feet of lawn
and garden and the watering of up to four horses or equivalent livestock on each residential lot. Augmentation of Depletions During Pumping.
Pursuant to C.R.S. §37-90-137(9)(c.5), Applicant is required to replace actual stream depletions attributable to pumping of the two residential
wells. Depletions during pumping will be effectively replaced by residential return flows from non-evaporative septic systems. The annual
consumptive use for non-evaporative septic systems is 10% per year per residence. At a household use rate of 0.30 acre feet per residence per
year, total of 0.60 acre feet, 0.54 acre feet is replaced to the stream system per year, utilizing non-evaporative septic systems. Applicant will not
cause stream depletions to exceed this amount during pumping. Augmentation for Post Pumping Depletions. For the replacement of any injurious post-pumping depletions which may be associated with the use of the Martens Wells Nos. 1 and 2, Applicant will reserve available rights
in a nontributary aquifer, accounting for actual stream depletions replaced during the plan pumping period. Applicant also reserves the right to
substitute other legally available augmentation sources for such post pumping depletions upon further approval of the Court under its retained
jurisdiction. Even though this reservation is made, under the Court’s retained jurisdiction, Applicant reserves the right in the future to prove
that post pumping depletions will be noninjurious. The reserved nontributary groundwater will be used to replace any injurious post-pumping
depletions. Upon entry of a decree in this case, the Applicant will be entitled to apply for and receive a new well permit for the Martens Wells
Nos. 1 and 2 for the uses in accordance with this Application and otherwise in compliance with C.R.S. §37-90-137. Remarks. Applicant requests a
finding that they have complied with C.R.S. §37-90-137(4), and that the ground water requested herein is legally available for withdrawal by the
requested not-nontributary wells upon the entry of a decree approving an augmentation plan pursuant to C.R.S. §37-90-137(9)(c.5). The term of
this augmentation plan is for 300 years, however the length of the plan for a particular well may be extended beyond such time provided the total
plan pumping allocated thereto is not exceeded. Post pumping stream depletions accrue to a particular well or wells only to the extent related to
that well’s actual pumping. The Court will retain jurisdiction over this matter to provide for the adjustment of the annual amount of ground water
withdrawals to be allowed in order to conform to actual local aquifer characteristics from adequate information obtained from well drilling or
test holes. The Applicant requests a finding that vested water rights of others will not be materially injured by the withdrawals of ground water
and the proposed plan for augmentation. The wells shall be installed and metered as reasonably required by the State Engineer. Each well must
be equipped with a totalizing flow meter and Applicant shall submit diversion records to the Division Engineer on an annual basis or as otherwise
requested by the Division Engineer. The Applicant shall also provide accountings to the Division Engineer and Water Commissioner as required
by them to demonstrate compliance under this plan of augmentation.
-----------------------------------------------------------------------------------------------------------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 2019, (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 $192.00).
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 7th day of February 2019.
						/s/ Michele M. Santistevan
						 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
						Michele M. Santistevan, Clerk
						District Court Water Div. 2
						501 N. Elizabeth Street, Suite 116
						Pueblo, CO 81003
						(719) 404-8749
(Court seal)
Published in the Gazette: February 12, 2019

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