Details for LEGAL NOTICE DISTRICT COURT, WATER

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LEGAL NOTICE 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 October 2021, in Water Division No. 2. The Water Judge ordered this case be published in The Gazette in El Paso County, Colorado. This publication can be viewed in its entirety on the state court website at: www.courts.state.co.us. 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. 2021CW3058; TRIVIEW METROPOLITAN DISTRICT, c/o James McGrady, District Manager, 16055 Old Forest Point, Ste. 300, Monument, CO 80132 ("Applicant" or "Triview") (Please address all pleadings and inquiries regarding this matter to Applicant's attorneys: Chris D. Cummins, #35154, Emilie B. Polley, #51296, MONSON, CUMMINS & SHOHET, LLC, 13511 Northgate Estates Dr., Ste. 250, Colorado Springs, Colorado 80921, (719) 471-1212) Application for Adjudication of Denver Basin Groundwater, Approval of Plan for Augmentation, and Adjudication of Exempt Residential Well PUEBLO and EL PASO COUNTIES I. Summary of Application. Applicant requests conditional appropriative rights of exchange on both the mainstem of the Arkansas River and on Fountain Creek. On the Arkansas River such exchanges are from the Stonewall Springs Reservoir Complex and from the confluence of Fountain Creek and the Arkansas River to Pueblo Reservoir, and to the headgate of the Excelsior Ditch. On Fountain Creek such exchanges are from the Stonewall Springs Reservoir Complex and from the confluence of Fountain Creek and the Arkansas River to the headgate of the Chilcott Ditch, and to the headgate of the Fountain Mutual Ditch. III. Sources of Supply for the Exchange. Except where such sources are by their nature fully consumable, Applicant seeks to exchange the Historical Consumptive Use ("HCU") component of each of the following sources of water, as quantified and decreed by the water court, or as may in the future be so quantified and decreed. A. Fountain Mutual Ditch. Applicant owns 1,057 shares in the Fountain Mutual Irrigation Company ("FMIC"), as represented by Certificate Nos. 1679, 1684, 1685, 1686, 1687, 1691 ("Applicant's FMIC Shares"). Applicant's FMIC Shares have been changed to municipal and augmentation uses, including as changed by decree in Case Nos. 16CW3010 and 18CW3016, and pending change Case No. 21CW3022. FMIC diverts its water to the Fountain Mutual Ditch from Fountain Creek tributary to the Arkansas River, at its headgate located in the SW¼ of Section 20, Township 14 South, Range 66 West, 6th P.M. The FMIC water rights were originally decreed for irrigation purposes in El Paso County District Court in the general adjudications for Fountain Creek. The FMIC water rights are valid existing water rights that were originally decreed as follows: DIRECT FLOW Fountain Creek Priority No. Priority Date Decree Date Total Decree (cfs) 4 9/21/1861 3/6/1882 9.84 (5.38) 7 4/1/1862 3/6/1882 1.125 11 2/11/1863 3/6/1882 16.69 17 12/31/1863 3/6/1882 4.25 (2.125) 21 12/31/1864 3/6/1882 4.65 28 12/31/1866 3/6/1882 8.48 29 12/31/1867 3/6/1882 9.68 41 9/21/1874 3/6/1882 17.05 168 1/31/1903 6/2/1919 343.2 STORAGE Fountain Creek Priority No. Priority Date Decree Date Total Decree (AF) 39 3/18/1903 6/2/1919 10,000 1. Legal description of structure: The point of diversion of the Fountain Mutual Ditch is located in the SW¼ of Section 20, Township 14 South, Range 66 West of the 6th P.M., El Paso County, Colorado. The WDID number for the Fountain Mutual Ditch headgate is 1000736 and the UTM coordinates are: Northing (UTMy) 4296006 and Easting (UTMx) 516466 (Zone 13). 2. Decreed source of water: Fountain Creek, tributary to the Arkansas River. 3. Decreed use or uses: The FMIC water rights are valid existing water rights and were originally decreed for irrigation purposes. Portions of the FMIC water rights have been changed and decreed for other uses, including augmentation and municipal purposes, including but not limited to in the following changes of water rights and plans of augmentation in Water Court, Division 2: Case Nos. 81CW229, 85CW110, 86CW031, 90CW28, 90CW7, 95CW3, 99CW146, 00CW152, 01CW146, 01CW149, 01CW153, 02CW112, 03CW81, 04CW55, 04CW118, 05CW33, 06CW66, 07CW47, 07CW51, 09CW6, 09CW92, 09CW105, 09CW115, 10CW43, 12CW99, 15CW3002, 16CW3080, 17CW3023, 17CW3036, 17CW3072, 18CW3016, and 16CW3010 (collectively the "Previous Change Cases"). B. Excelsior Ditch. Applicant owns 1,341 shares of the outstanding 3,333 total shares, or a 40.23% ownership interest, in the Excelsior Irrigating Company, which is the owner of the Excelsior Ditch Water Rights. 1. Legal Description of Point of Diversion: The Excelsior Ditch headgate is located on the north bank of the Arkansas river in the SE¼ SE¼ in Section 36, Township 20 South, Range 64 West of the 6th P.M., Pueblo County, Colorado. 2. Source: Arkansas River. 3. Appropriation date and amounts: May 1, 1887 (priority No. 55) and January 6, 1890 (priority No. 60). 4. Decree Information: The Excelsior Ditch Water Rights were originally adjudicated in Case No. 2535, Pueblo County District Court, March 23, 1896; a. Case No. 9532, Pueblo County District Court, September 15, 1905 transferred the rights from the Bessemer Irrigation Company and Rocky Ford High Line Canal Company to Excelsior Irrigation Ditch; b. Case No. 04CW62, District Court, Water Division 2, June 18, 2007 changed uses of the Excelsior Ditch from irrigation only, to include both irrigation and augmentation, including rights of recharge. Applicant's Excelsior Irrigating Company shares were included in the 04CW62 change decree. In addition to adding augmentation uses, the 04CW62 Decree further authorized the use of the Excelsior Ditch Augmentation Station Outlet Canal, and the Excelsior Ditch Recharge Ponds as means of delivery of augmentation supplies. c. Applicant's interests in the Excelsior Irrigating Company were further changed to additional augmentation uses in Case No. 16CW3094 and decreed to allow the storage of the water and water rights attributable to the Applicant's shares in the SSRC in Case No. 16CW3093. The Decrees in both 16CW3093 and 16CW3094 were issued by the Division 2 Water court on January 21, 2020. d. The Excelsior Ditch Water Rights are anticipated to be pending further change to Applicant's municipal uses by Application to this Court under separate application filed coincident with or shortly following the instant application. 1. Decreed Uses: Irrigation; augmentation, and rights of recharge (and municipal uses pending court approval). 2. Capacity: 60 cfs (20 cfs under May 1, 1887 priority, and 40 cfs under January 6, 1890 priority). The physical capacity of the Excelsior Ditch is currently approximately 200 cfs. 3. Comments: Applicant has the right to the use of the Excelsior Ditch structure for delivery of the water and water rights associated with Applicant's approximately 40.23% interest in the Excelsior Irrigating Company as an appurtenance to such ownership interests. Applicant has a license agreement with the Excelsior Irrigating Company allowing diversion of water carried in the Excelsior Ditch to the South Reservoir of the SSRC, and Applicant has installed diversion and measuring structures to allow delivery of such water to storage in the South Reservoir of the SSRC. Applicant anticipates the filing of an application to further change the Excelsior Ditch Water Rights to Applicant's municipal uses. In addition, Applicant has a right of first refusal on the use of 40.23% of excess capacity in the Excelsior Ditch, and a first priority right of use in expanded capacity of the Excelsior Ditch. The Excelsior Ditch may fill the Stonewall Springs Reservoir Complex at the maximum capacity of the Excelsior Ditch structure, as extended or modified, and not to exceed 400 cfs. C. Arkansas Valley Irrigation Canal. Triview is the owner of 100% of the total 18.05 cfs decreed to the Arkansas Valley Irrigation Canal ("AVIC"), diverting from Cottonwood Creek near the Town of Buena Vista in Chaffee County, Colorado. 1. Legal description of Point of Diversion: The AVIC headgate is located in the SW¼ SW¼ of Section 13, Township 14 South, Range 79 West of the 6th P.M., at a point approximately 1,600 feet upstream from the confluence of the North and South Forks of Cottonwood Creek. 2. Source: Cottonwood Creek, tributary to the Arkansas River. 3. Decree Information: The AVIC was adjudicated in Case No. CA1127 by decree dated June 19, 1890. 4. Appropriation Date/Amount: May 1, 1880 (priority no. 76); 18.05 cfs. 5. Decreed Uses: Irrigation. 6. WDID: 1100655. 7. Comments: Triview filed with the Division 2 Water Court an application to change the AVIC water rights to Triview's municipal purposes in pending Case No. 21CW3044. Such change application includes a claim for the right to store water and water rights attributable to the AVIC in both Pueblo Reservoir and in the SSRC. D. Bale Ditch Nos. 1 & 2. Triview is the owner of 100% of the Bale Ditch No. 1 water rights, and 50% of the Bale Ditch No. 2 water rights, with a total interest of 3.33 cfs of the total 4.33 cfs decreed to these structures. 1. Legal description of Point of Diversion: The headgates for the Bale Ditch No. 1 and Bale Ditch No. 2 are each located in the SE¼ SE¼ of Section 5, Township 49 North, Range 9 East of the N.M.P.M., at a point approximately 3,000 feet upstream from the confluence of the South Arkansas River with the Arkansas River. 2. Source: South Arkansas River, tributary to the Arkansas River. 3. Decree Information: The Bale Ditch Nos. 1 and 2 were originally adjudicated in Case No. CA1724 by decree dated July 21, 1902, with supplemental water rights decreed in Case Nos. CA5141 by decree dated July 9, 1969. 4. Dates of Appropriation and Amounts: April 30. 1875, 1.3 cfs of the Bale No. 1 and 0.5 cfs of the Bale No. 2; and, December 31, 1898, 1.0 cfs of the Bale No. 1 and 0.5 cfs of the Bale No. 2. 5. Decreed Uses: Irrigation (pending change to municipal use). 6. WDID: 1100563 (Bale No. 1), and 1100564 (Bale No. 2). 7. Comments: Triview anticipates the filing of an application to change the Bale Ditches to Triview's municipal purposes during the pendency of the instant matter. Such change application will specifically include a claim for the right to store water and water rights attributable to the Bale Ditches in both Pueblo Reservoir and in the SSRC. E. Stonewall Springs Reservoir Complex Conditional Water Storage Right. Triview is the owner of the 2,050 acre foot conditional water storage right decreed in Case No. 16CW3093 for the SSRC. 1. Legal description of Point of Diversion: Water is diverted to storage in the SSRC at the headgate of the Excelsior Ditch, as described above. Water is then diverted from the Excelsior Ditch to storage in the SSRC, currently to the South Reservoir a point on the Excelsior Ditch located in the SW¼ NE¼ of Section 35, Township 20 South, Range 63 West of the 6th P.M., at a point approximately 2,592 feet from the east section line, and approximately 1,655 feet from the north section line of said Section 35. 2. Source: Arkansas River. 3. Decree Information: The SSRC Junior Water Storage Right was adjudicated in Case No. 16CW3093 by decree dated January 21, 2020. 4. Date of Appropriation and Amounts: December 27, 2016, maximum diversion rate of 6 cfs, annual volumetric limitation of 2,050 acre feet. 5. Decreed Uses: Irrigation, commercial, industrial, recreation, fish propagation, fire protection, augmentation or exchange for replacement of out-of-priority flood control storage on Fountain Creek and its tributaries, creation and maintenance of wildlife and wetlands habitat, and for augmentation, replacement, recharge, and exchange purposes. 6. WDID: 1403593. F. Denver Basin Groundwater. Triview has the right to the use of all nontributary and not-nontributary groundwater underlying the lands included within the District, as well as groundwater located to the north of the District's existing boundaries underlying the "Northgate Parcel". Such ground water is withdrawn from the not-nontributary and nontributary Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers pursuant to previous decrees, including decreed plans for augmentation, and pending decrees in the following Case Nos.: 81CW173, 82CW295, 82CW22, 85CW13, 87CW40, 87CW173, 88CW23(A), 95CW153, 97CW39, 97CW68, 98CW134, 14CW3053, 15CW3076 and 21CW3001 (pending). G. Dakota Hot Springs. Triview has a contractual interest in the Dakota Hot Springs, a/k/a Higgins Well No. 1, a municipally decreed nontributary well located in the SW¼ SE¼ of Section 1, Township 19 South, Range 69 West of the 6th P.M., Fremont County, Colorado. The Dakota Hot Springs were decreed for municipal, domestic and irrigation uses in Case Nos. 81CW45 (W-345) and 82CW193, each of which confirmed the nontributary nature of the water produced by the Dakota Hot Springs. Water Produced by the Dakota Hot Springs is currently delivered to public bathing pools, and then by easement to the Arkansas River. Water derived from the Dakota Hot Springs may then be carried in the Arkansas River to storage in Pueblo Reservoir, or released therefrom to storage in the SSRC or for exchange, as requested herein. The Dakota Hot Springs are decreed for the production of up to 300 gallons per minute for municipal purposes. H. Reusable Effluent. All of the above described water sources are, or will be, anticipated to be utilized in Triview's municipal water supply system. Water so used, once treated through Triview's municipal wastewater system, will be discharged to Monument Creek, tributary to Fountain Creek, tributary to the Arkansas River. Once augmentation obligations are met, the remainder of such resulting sewered effluent is reusable and fully consumable to extinction, and Applicant claims the right to the use and re-use of all such legally and physically available effluent in the subject exchanges. In addition, Applicant has the right to claim reusable lawn irrigation return flows ("LIRFs") accruing to the alluvium of tributaries to Monument Creek as decreed in Case No. 88CW23(B). All such reusable effluent derived from any of the sources described in Paragraphs III.A. through H., above, shall be included as a source of water for the appropriative rights of exchange requested herein. IV. Appropriative Rights of Exchange. Applicant requests appropriate rights of exchange on the mainstem of the Arkansas River, and on Fountain Creek, as more particularly described below. The appropriate rights of exchange will operate on all stretches of stream between the following identified structures: A. Exchange-from Points. 1. Stonewall Springs Reservoir Complex. The exchange-from point of the requested appropriative rights of exchange is the outlet(s) of the Stonewall Springs Reservoir Complex ("SSRC"), consisting of a total of three reservoirs, as decreed in Case No. 16CW3093, Water Court, Division 2. a. Reservoir Legal Descriptions: i. South Reservoir: The centroid of South Reservoir is approximately located at UTM coordinates (NAD83 datum, Zone 13, meters) 551523.0 Easting, 4234870.0 Northing. The outlet from South Reservoir will discharge water to the Arkansas River in the NE1/4, SW1/4, Section 1, Township 21 South, Range 63 West of the 6th P.M. ii. Central Reservoir: The centroid of the Central Reservoir is approximately located at UTM coordinates (NAD83 datum, Zone 13, meters) 553075.0 Easting, 4235190.0 Northing. The outlet from Central Reservoir will discharge water to the Arkansas River in the NW 1/4, SW1/4, Section 6, Township 21 South, Range 62 West of the 6th P.M. or through the outlets in the North or East Reservoirs. iii. East Reservoir: The centroid of the East Reservoir is approximately located at UTM coordinates (NAD83 datum, Zone 13, meters) 554241.6 Easting, 4234846.0 Northing. The outlet from East Reservoir will discharge water to the Arkansas River in the SW¼, SE¼, Section 6, Township 21 South, Range 62 West of the 6th P.M. or through the outlet in the Central Reservoir. b. Points of Contribution to the Arkansas River. Of the SSRC reservoirs, the South Reservoir has been constructed and is capable of being operational. The South Reservoir currently discharges water to the Arkansas River via a column pump station located in its southeast corner, with flows being contributed to the Arkansas river approximately at UTM coordinates (NAD83 datum, Zone 13, meters) 551682.14 Easting, 4233932.03 Northing. Upon completion of the Central Reservoir, both the South Reservoir and the Central Reservoir may discharge water to the Arkansas River via gravity/pumped outlet works at a point just upstream of the Nyberg Road bridge over the Arkansas River, which is likewise the location of the Avondale Gage. Said location is approximately at UTM coordinates (NAD83 datum, Zone 13, meters) 552572.75 Easting, 4233604.46 Northing. Upon completion, the East Reservoir will discharge to the Arkansas River at one of two locations, being the shared South/Central reservoir discharge point described immediately above, or at a point downstream at approximately UTM coordinates (NAD83 datum, Zone 13, meters) 554572.34 Easting, 4233224.11 Northing. Each of these points of contribution represent an "exchange-from" point, and each is likewise depicted on the Exhibit A map attached to the application. (All attachments mentioned herein are incorporated by reference and may be inspected at the office of the clerk of this Court.) 1. Fountain Creek Confluence. Reusable treated effluent derived from all sources of water supply described above, as well as nontributary Denver Basin supplies, and water supplies attributable to Applicant's interests in FMIC, may all be delivered to the Arkansas River via Fountain Creek, to which all such sources of water accrue. Applicant therefore seeks an additional "exchange-from" point being the confluence of Fountain Creek with the Arkansas River, located at approximately UTM coordinates (NAD83 datum, Zone 13, meters) 535916.91 Easting, 4233986.54 Northing. 2. Excelsior Ditch Augmentation Station Outlet Canal. The above described water rights sources, and reusable treated effluent derived therefrom, may accrue to the Arkansas River and be re-diverted at the Excelsior Ditch, including after prior exchange to Pueblo Reservoir and release therefrom. Such water rights may subsequently be placed in storage in the SSRC or may be re-delivered to the Arkansas River without storage after measurement and discharge at the Excelsior Ditch Augmentation Station Outlet Canal. Applicant therefore seeks an additional "exchange-from" point being the Excelsior Ditch Augmentation Station Outlet Canal, approximately UTM coordinates (NAD83 datum, Zone 13, meters) 536000.77 Easting, 4233953.05 Northing. B. Exchange-to Points. 1. Pueblo Reservoir. a. Legal Description of Structure: Pueblo Reservoir is located in all or portions of Sections 7, 18-22, and 25-36 of Township 20 South, Range 66 West of the 6th P.M., and Sections 1-5, and 9-11 of Township 21 South, Range 66 West of the 6th P.M, and Sections 5, 8, 9, 13-16, and 22-25 of Township 20 South, Range 67 West of the 6th P.M., all in Pueblo County, Colorado. The Pueblo Reservoir Dam axis and the center line of the Arkansas River intersect at a point in Section 36, Township 20 South, Range 66 West of the 6th P.M., from which the Northeast corner of said Section 36 bears North 61°21'20" East, a distance of 2,511.05 feet, all more particularly described in the decree in Case No. 42135, District Court, Pueblo County, Colorado as corrected in Case No. 02CW37. b. Triview Long-Term Storage Contract. Applicant has acquired from the United States Bureau of Reclamation ("Reclamation") a long-term storage contract for the storage of water in Pueblo Reservoir, including the use of the North Outlet Works ("NOW") where water can be released to the Southern Delivery System pipeline and related infrastructure, owned and controlled by Colorado Springs Utilities ("CS-U"). Said Contract has a 40-year term and allows Applicant to store up to 999 acre feet of water in Pueblo Reservoir at any one time, subject to the terms and conditions of Applicant's contract with Reclamation. c. Convey, Treat and Deliver Contract. Applicant has initiated negotiations with CS-U for CS-U's conveyance, treatment and delivery of Applicant's water supplies as stored in Pueblo Reservoir, including pursuant to the appropriative right of exchange requested herein, through certain infrastructure owned and controlled by CS-U, including SDS, to Applicant's municipal water facilities in northern El Paso County, Colorado. Such anticipated contract will allow for CS-U to take delivery of water and water rights owned and controlled by Applicant and stored in Pueblo Reservoir, and delivery such water through the NOW and SDS, and subsequently through CS-U's municipal treatment and delivery system, to Triview's use. However, Triview currently has no ownership interest in the CS-U infrastructure, nor any contractual right to utilize the CS-U infrastructure or facilities. Triview shall make no use of any infrastructure associated with the SDS project or other CS-U infrastructure without first acquiring the requisite real property interests or contractual entitlements to do so. 2. Chilcott Ditch Headgate/Calhan Reservoir. a. Legal Description of Structure/Facilities. The point of diversion of the Chilcott Ditch is at a point on the north bank of Fountain Creek in the SE¼ of Section 25, Township 15 South, Range 66 West of the 6th P.M., approximately 746 feet from the east line, and approximately 1,957 feet from the south line of said Section 25. The Chilcott Ditch then proceeds southeasterly until terminating in the Calhan Reservoir in Sections 22 and 27, Township 16 South, Range 65 West of the 6th P.M. b. Right to use Chilcott Ditch/Calhan Reservoir Facilities. Triview is currently a participant in studies concerning the use of the Chilcott Ditch and Calhan Reservoir as a means of conveyance of municipal water supplies, including effluent. However, Triview currently has no ownership interest in the Chilcott Ditch Company, nor any contractual right to utilize the Chilcot Ditch infrastructure or facilities, nor any right to store water in Calhan Reservoir. Triview shall make no use of any infrastructure associated with the Chilcott Ditch or Calhan Reservoir without first acquiring the requisite real property interest or contractual entitlements to do so. 3. Fountain Mutual Ditch Headgate/Big Johnson Reservoir. a. Legal Description of Structure/Facilities. The structures and infrastructure facilities associated with the Fountain Mutual Ditch and Big Johnson Reservoir are more particularly described in Paragraph III.A., above. b. Right to use FMIC Facilities. Triview is a major shareholder in FMIC, and as such as the right to utilize the FMIC facilities for the transport and storage of the Applicant's FMIC Shares, and Triview is currently a participant in studies concerning the use of the Fountain Mutual Ditch and Big Johnson Reservoir as a means of conveyance of municipal water supplies, including effluent. However, Triview does not currently have any contractual arrangement with FMIC for carriage of non-FMIC water rights in the FMIC ditch, nor for storage of non-FMIC water rights in Big Johnson Reservoir. Triview shall make no use of any infrastructure associated with the Fountain Mutual Ditch or Big Johnson Reservoir for water rights other than those associated with the Applicant's FMIC Shares, without first acquiring the requisite real property interest or contractual entitlements to do so. C. Exchange Rate. Applicant claims an exchange rate of 32 cfs, conditional for all exchanges on the Arkansas River, and 15 cfs, conditional, for all exchanges on Fountain Creek, as further described herein. D. Operation of Exchange. The above described sources of supply may be exchanged upstream from each of the "exchange-from" points described in Paragraph IV.A. to each of the "exchange-to" points described in Paragraph IV.B. An exchange will only be operated when there is a live stream between the exchange-from point and the exchange-to point within the exchange reaches. An exchange will only be operated to the extent that other vested water rights senior to this exchange are not deprived of water to which they would have been entitled in the absence of such exchange. E. Uses. Applicant will use the water diverted by exchange for all beneficial municipal uses under existing and future decrees for the water so exchanged, including, without limitation, direct use and storage and subsequent release for municipal, irrigation, stock watering, fire protection and suppression, domestic, commercial, industrial, and recreational uses, fish and wildlife preservation and propagation, wetlands, augmentation, replacement, substitution, exchange, and recharge, including use, reuse, successive use, and full consumption and disposition to extinction. The water will be stored or placed to immediate beneficial use in Triview's municipal water supply system or augmentation plans and used and successively used to extinction pursuant to Triview's existing decrees, including but not limited to those listed in Paragraph III.F., above, and Case Nos. 16CW3010 and 18CW3016. F. Appropriation Dates. The appropriation date for the appropriative rights of exchange on the Arkansas River requested herein is December 18, 2019, which is the date identified in Resolution No. 2020-08 of the Board of Directors of the Triview Metropolitan District as passed in a public meeting held on July 23, 2020, after provision of public notice as required by applicable law. Such Resolution No. 2020-08 described the acts necessary to demonstrate and provide interested 3rd parties the requisite notice of Applicant's intent and actions to initiate and appropriate the water rights for the beneficial uses as set forth herein. The appropriation date for the appropriative rights of exchange on Fountain Creek requested herein is July 22, 2021, at which time the Board of Directors instructed staff and consultants to explore such exchanges, as documented by the minutes of the Triview Board of Directors public meeting dated July 22, 2021. G. Use of water stored in Pueblo Reservoir: Triview recognizes that Pueblo Reservoir and other Fryingpan-Arkansas Project ("Project") facilities are part of the Fryingpan-Arkansas Project, and use of Pueblo Reservoir and other Project facilities must be pursuant to a contract with Reclamation, and consistent with such policies, procedures, contracts, charges and terms as may be lawfully determined by Reclamation, and, where applicable, Southeastern Colorado Water Conservancy District or their respective successors in interest, in their good faith discretion. Triview shall not operate exchange rights decreed on this application in a manner that would interfere with lawful operation of the Project. H. Use of Facilities not owned or controlled by Triview. Certain structures and infrastructure identified in this application are owned by 3rd parties. Triview agrees and acknowledges that Triview may utilize such infrastructure only after either acquiring the requisite property interests, or upon entering a contract with the owners of such infrastructure allowing Triview's use. I. No injury. Use of the appropriative right of exchange described herein, in accordance with the terms, conditions and restrictions described in this application, will not cause injury to vested water rights. ------------------------------------------------------------------------------------------------------------ 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 December 2021, (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 15th day of November 2021. /s/ Michele M. Santistevan ________________________________ Michele M. Santistevan, Clerk District Court Water Div. 2 501 N. Elizabeth Street, Suite 116 Pueblo, CO 81003 (719) 404-8832 (Court seal) Published: PUblished in The Gazette November 24, 2021.

LEGAL NOTICE
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 October
2021, in Water Division No. 2. The Water Judge ordered this case be published in The Gazette in El Paso County, Colorado. This publication can be viewed in its entirety on the state court website
at: www.courts.state.co.us.
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. 2021CW3058; TRIVIEW METROPOLITAN DISTRICT, c/o James McGrady, District Manager, 16055 Old Forest Point, Ste. 300, Monument, CO 80132 (“Applicant” or “Triview”) (Please address all
pleadings and inquiries regarding this matter to Applicant’s attorneys: Chris D. Cummins, #35154, Emilie B. Polley, #51296, MONSON, CUMMINS & SHOHET, LLC, 13511 Northgate Estates Dr., Ste.
250, Colorado Springs, Colorado 80921, (719) 471-1212)
Application for Adjudication of Denver Basin Groundwater, Approval of Plan for Augmentation, and Adjudication of Exempt Residential Well
PUEBLO and EL PASO COUNTIES
I. Summary of Application. Applicant requests conditional appropriative rights of exchange on both the mainstem of the Arkansas River and on Fountain Creek. On the Arkansas River such exchanges are from the Stonewall Springs Reservoir Complex and from the confluence of Fountain Creek and the Arkansas River to Pueblo Reservoir, and to the headgate of the Excelsior Ditch. On
Fountain Creek such exchanges are from the Stonewall Springs Reservoir Complex and from the confluence of Fountain Creek and the Arkansas River to the headgate of the Chilcott Ditch, and to
the headgate of the Fountain Mutual Ditch. III. Sources of Supply for the Exchange. Except where such sources are by their nature fully consumable, Applicant seeks to exchange the Historical
Consumptive Use (“HCU”) component of each of the following sources of water, as quantified and decreed by the water court, or as may in the future be so quantified and decreed. A. Fountain
Mutual Ditch. Applicant owns 1,057 shares in the Fountain Mutual Irrigation Company (“FMIC”), as represented by Certificate Nos. 1679, 1684, 1685, 1686, 1687, 1691 (“Applicant’s FMIC Shares”).
Applicant’s FMIC Shares have been changed to municipal and augmentation uses, including as changed by decree in Case Nos. 16CW3010 and 18CW3016, and pending change Case No. 21CW3022.
FMIC diverts its water to the Fountain Mutual Ditch from Fountain Creek tributary to the Arkansas River, at its headgate located in the SW¼ of Section 20, Township 14 South, Range 66 West, 6th P.M.
The FMIC water rights were originally decreed for irrigation purposes in El Paso County District Court in the general adjudications for Fountain Creek. The FMIC water rights are valid existing water
rights that were originally decreed as follows:
DIRECT FLOW
Fountain Creek Priority No.
Priority Date
Decree Date
Total Decree (cfs)
4					9/21/1861				3/6/1882				9.84 (5.38)
7					4/1/1862				3/6/1882				1.125
11					2/11/1863				3/6/1882				16.69
17					12/31/1863				3/6/1882				4.25 (2.125)
21					12/31/1864				3/6/1882				4.65
28					12/31/1866				3/6/1882				8.48
29					12/31/1867				3/6/1882				9.68
41					9/21/1874				3/6/1882				17.05
168					1/31/1903				6/2/1919				343.2
STORAGE
Fountain Creek Priority No.

Priority Date

Decree Date

Total Decree (AF)

39					3/18/1903				6/2/1919				10,000
1. Legal description of structure: The point of diversion of the Fountain Mutual Ditch is located in the SW¼ of Section 20, Township 14 South, Range 66 West of the 6th P.M., El Paso County, Colorado.
The WDID number for the Fountain Mutual Ditch headgate is 1000736 and the UTM coordinates are: Northing (UTMy) 4296006 and Easting (UTMx) 516466 (Zone 13). 2. Decreed source of water: Fountain Creek, tributary to the Arkansas River. 3. Decreed use or uses: The FMIC water rights are valid existing water rights and were originally decreed for irrigation purposes. Portions of the FMIC
water rights have been changed and decreed for other uses, including augmentation and municipal purposes, including but not limited to in the following changes of water rights and plans of
augmentation in Water Court, Division 2: Case Nos. 81CW229, 85CW110, 86CW031, 90CW28, 90CW7, 95CW3, 99CW146, 00CW152, 01CW146, 01CW149, 01CW153, 02CW112, 03CW81, 04CW55, 04CW118,
05CW33, 06CW66, 07CW47, 07CW51, 09CW6, 09CW92, 09CW105, 09CW115, 10CW43, 12CW99, 15CW3002, 16CW3080, 17CW3023, 17CW3036, 17CW3072, 18CW3016, and 16CW3010 (collectively the “Previous
Change Cases”). B. Excelsior Ditch. Applicant owns 1,341 shares of the outstanding 3,333 total shares, or a 40.23% ownership interest, in the Excelsior Irrigating Company, which is the owner of the
Excelsior Ditch Water Rights. 1. Legal Description of Point of Diversion: The Excelsior Ditch headgate is located on the north bank of the Arkansas river in the SE¼ SE¼ in Section 36, Township 20
South, Range 64 West of the 6th P.M., Pueblo County, Colorado. 2. Source: Arkansas River. 3. Appropriation date and amounts: May 1, 1887 (priority No. 55) and January 6, 1890 (priority No. 60). 4.
Decree Information: The Excelsior Ditch Water Rights were originally adjudicated in Case No. 2535, Pueblo County District Court, March 23, 1896; a. Case No. 9532, Pueblo County District Court,
September 15, 1905 transferred the rights from the Bessemer Irrigation Company and Rocky Ford High Line Canal Company to Excelsior Irrigation Ditch; b. Case No. 04CW62, District Court, Water
Division 2, June 18, 2007 changed uses of the Excelsior Ditch from irrigation only, to include both irrigation and augmentation, including rights of recharge. Applicant’s Excelsior Irrigating Company
shares were included in the 04CW62 change decree. In addition to adding augmentation uses, the 04CW62 Decree further authorized the use of the Excelsior Ditch Augmentation Station Outlet
Canal, and the Excelsior Ditch Recharge Ponds as means of delivery of augmentation supplies. c. Applicant’s interests in the Excelsior Irrigating Company were further changed to additional augmentation uses in Case No. 16CW3094 and decreed to allow the storage of the water and water rights attributable to the Applicant’s shares in the SSRC in Case No. 16CW3093. The Decrees in both
16CW3093 and 16CW3094 were issued by the Division 2 Water court on January 21, 2020. d. The Excelsior Ditch Water Rights are anticipated to be pending further change to Applicant’s municipal
uses by Application to this Court under separate application filed coincident with or shortly following the instant application. 1. Decreed Uses: Irrigation; augmentation, and rights of recharge (and
municipal uses pending court approval). 2. Capacity: 60 cfs (20 cfs under May 1, 1887 priority, and 40 cfs under January 6, 1890 priority). The physical capacity of the Excelsior Ditch is currently
approximately 200 cfs. 3. Comments: Applicant has the right to the use of the Excelsior Ditch structure for delivery of the water and water rights associated with Applicant’s approximately 40.23%
interest in the Excelsior Irrigating Company as an appurtenance to such ownership interests. Applicant has a license agreement with the Excelsior Irrigating Company allowing diversion of water
carried in the Excelsior Ditch to the South Reservoir of the SSRC, and Applicant has installed diversion and measuring structures to allow delivery of such water to storage in the South Reservoir of
the SSRC. Applicant anticipates the filing of an application to further change the Excelsior Ditch Water Rights to Applicant’s municipal uses. In addition, Applicant has a right of first refusal on the
use of 40.23% of excess capacity in the Excelsior Ditch, and a first priority right of use in expanded capacity of the Excelsior Ditch. The Excelsior Ditch may fill the Stonewall Springs Reservoir Complex at the maximum capacity of the Excelsior Ditch structure, as extended or modified, and not to exceed 400 cfs. C. Arkansas Valley Irrigation Canal. Triview is the owner of 100% of the total 18.05
cfs decreed to the Arkansas Valley Irrigation Canal (“AVIC”), diverting from Cottonwood Creek near the Town of Buena Vista in Chaffee County, Colorado. 1. Legal description of Point of Diversion:
The AVIC headgate is located in the SW¼ SW¼ of Section 13, Township 14 South, Range 79 West of the 6th P.M., at a point approximately 1,600 feet upstream from the confluence of the North and
South Forks of Cottonwood Creek. 2. Source: Cottonwood Creek, tributary to the Arkansas River. 3. Decree Information: The AVIC was adjudicated in Case No. CA1127 by decree dated June 19, 1890.
4. Appropriation Date/Amount: May 1, 1880 (priority no. 76); 18.05 cfs. 5. Decreed Uses: Irrigation. 6. WDID: 1100655. 7. Comments: Triview filed with the Division 2 Water Court an application to
change the AVIC water rights to Triview’s municipal purposes in pending Case No. 21CW3044. Such change application includes a claim for the right to store water and water rights attributable to
the AVIC in both Pueblo Reservoir and in the SSRC. D. Bale Ditch Nos. 1 & 2. Triview is the owner of 100% of the Bale Ditch No. 1 water rights, and 50% of the Bale Ditch No. 2 water rights, with a total
interest of 3.33 cfs of the total 4.33 cfs decreed to these structures. 1. Legal description of Point of Diversion: The headgates for the Bale Ditch No. 1 and Bale Ditch No. 2 are each located in the SE¼
SE¼ of Section 5, Township 49 North, Range 9 East of the N.M.P.M., at a point approximately 3,000 feet upstream from the confluence of the South Arkansas River with the Arkansas River. 2. Source:
South Arkansas River, tributary to the Arkansas River. 3. Decree Information: The Bale Ditch Nos. 1 and 2 were originally adjudicated in Case No. CA1724 by decree dated July 21, 1902, with supplemental water rights decreed in Case Nos. CA5141 by decree dated July 9, 1969. 4. Dates of Appropriation and Amounts: April 30. 1875, 1.3 cfs of the Bale No. 1 and 0.5 cfs of the Bale No. 2; and, December 31, 1898, 1.0 cfs of the Bale No. 1 and 0.5 cfs of the Bale No. 2. 5. Decreed Uses: Irrigation (pending change to municipal use). 6. WDID: 1100563 (Bale No. 1), and 1100564 (Bale No. 2). 7. Comments: Triview anticipates the filing of an application to change the Bale Ditches to Triview’s municipal purposes during the pendency of the instant matter. Such change application will
specifically include a claim for the right to store water and water rights attributable to the Bale Ditches in both Pueblo Reservoir and in the SSRC. E. Stonewall Springs Reservoir Complex Conditional Water Storage Right. Triview is the owner of the 2,050 acre foot conditional water storage right decreed in Case No. 16CW3093 for the SSRC. 1. Legal description of Point of Diversion: Water is
diverted to storage in the SSRC at the headgate of the Excelsior Ditch, as described above. Water is then diverted from the Excelsior Ditch to storage in the SSRC, currently to the South Reservoir a
point on the Excelsior Ditch located in the SW¼ NE¼ of Section 35, Township 20 South, Range 63 West of the 6th P.M., at a point approximately 2,592 feet from the east section line, and approximately 1,655 feet from the north section line of said Section 35. 2. Source: Arkansas River. 3. Decree Information: The SSRC Junior Water Storage Right was adjudicated in Case No. 16CW3093 by decree
dated January 21, 2020. 4. Date of Appropriation and Amounts: December 27, 2016, maximum diversion rate of 6 cfs, annual volumetric limitation of 2,050 acre feet. 5. Decreed Uses: Irrigation,
commercial, industrial, recreation, fish propagation, fire protection, augmentation or exchange for replacement of out-of-priority flood control storage on Fountain Creek and its tributaries, creation and maintenance of wildlife and wetlands habitat, and for augmentation, replacement, recharge, and exchange purposes. 6. WDID: 1403593. F. Denver Basin Groundwater. Triview has the right
to the use of all nontributary and not-nontributary groundwater underlying the lands included within the District, as well as groundwater located to the north of the District’s existing boundaries
underlying the “Northgate Parcel”. Such ground water is withdrawn from the not-nontributary and nontributary Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers pursuant to previous
decrees, including decreed plans for augmentation, and pending decrees in the following Case Nos.: 81CW173, 82CW295, 82CW22, 85CW13, 87CW40, 87CW173, 88CW23(A), 95CW153, 97CW39, 97CW68,
98CW134, 14CW3053, 15CW3076 and 21CW3001 (pending). G. Dakota Hot Springs. Triview has a contractual interest in the Dakota Hot Springs, a/k/a Higgins Well No. 1, a municipally decreed nontributary well located in the SW¼ SE¼ of Section 1, Township 19 South, Range 69 West of the 6th P.M., Fremont County, Colorado. The Dakota Hot Springs were decreed for municipal, domestic and
irrigation uses in Case Nos. 81CW45 (W-345) and 82CW193, each of which confirmed the nontributary nature of the water produced by the Dakota Hot Springs. Water Produced by the Dakota Hot
Springs is currently delivered to public bathing pools, and then by easement to the Arkansas River. Water derived from the Dakota Hot Springs may then be carried in the Arkansas River to storage
in Pueblo Reservoir, or released therefrom to storage in the SSRC or for exchange, as requested herein. The Dakota Hot Springs are decreed for the production of up to 300 gallons per minute for
municipal purposes. H. Reusable Effluent. All of the above described water sources are, or will be, anticipated to be utilized in Triview’s municipal water supply system. Water so used, once treated through Triview’s municipal wastewater system, will be discharged to Monument Creek, tributary to Fountain Creek, tributary to the Arkansas River. Once augmentation obligations are met,
the remainder of such resulting sewered effluent is reusable and fully consumable to extinction, and Applicant claims the right to the use and re-use of all such legally and physically available effluent in the subject exchanges. In addition, Applicant has the right to claim reusable lawn irrigation return flows (“LIRFs”) accruing to the alluvium of tributaries to Monument Creek as decreed in
Case No. 88CW23(B). All such reusable effluent derived from any of the sources described in Paragraphs III.A. through H., above, shall be included as a source of water for the appropriative rights
of exchange requested herein. IV. Appropriative Rights of Exchange. Applicant requests appropriate rights of exchange on the mainstem of the Arkansas River, and on Fountain Creek, as more
particularly described below. The appropriate rights of exchange will operate on all stretches of stream between the following identified structures: A. Exchange-from Points. 1. Stonewall Springs
Reservoir Complex. The exchange-from point of the requested appropriative rights of exchange is the outlet(s) of the Stonewall Springs Reservoir Complex (“SSRC”), consisting of a total of three
reservoirs, as decreed in Case No. 16CW3093, Water Court, Division 2. a. Reservoir Legal Descriptions: i. South Reservoir: The centroid of South Reservoir is approximately located at UTM coordinates (NAD83 datum, Zone 13, meters) 551523.0 Easting, 4234870.0 Northing. The outlet from South Reservoir will discharge water to the Arkansas River in the NE1/4, SW1/4, Section 1, Township 21
South, Range 63 West of the 6th P.M. ii. Central Reservoir: The centroid of the Central Reservoir is approximately located at UTM coordinates (NAD83 datum, Zone 13, meters) 553075.0 Easting,
4235190.0 Northing. The outlet from Central Reservoir will discharge water to the Arkansas River in the NW 1/4, SW1/4, Section 6, Township 21 South, Range 62 West of the 6th P.M. or through the
outlets in the North or East Reservoirs. iii. East Reservoir: The centroid of the East Reservoir is approximately located at UTM coordinates (NAD83 datum, Zone 13, meters) 554241.6 Easting, 4234846.0
Northing. The outlet from East Reservoir will discharge water to the Arkansas River in the SW¼, SE¼, Section 6, Township 21 South, Range 62 West of the 6th P.M. or through the outlet in the Central
Reservoir. b. Points of Contribution to the Arkansas River. Of the SSRC reservoirs, the South Reservoir has been constructed and is capable of being operational. The South Reservoir currently
discharges water to the Arkansas River via a column pump station located in its southeast corner, with flows being contributed to the Arkansas river approximately at UTM coordinates (NAD83
datum, Zone 13, meters) 551682.14 Easting, 4233932.03 Northing. Upon completion of the Central Reservoir, both the South Reservoir and the Central Reservoir may discharge water to the Arkansas
River via gravity/pumped outlet works at a point just upstream of the Nyberg Road bridge over the Arkansas River, which is likewise the location of the Avondale Gage. Said location is approximately at UTM coordinates (NAD83 datum, Zone 13, meters) 552572.75 Easting, 4233604.46 Northing. Upon completion, the East Reservoir will discharge to the Arkansas River at one of two locations,
being the shared South/Central reservoir discharge point described immediately above, or at a point downstream at approximately UTM coordinates (NAD83 datum, Zone 13, meters) 554572.34
Easting, 4233224.11 Northing. Each of these points of contribution represent an “exchange-from” point, and each is likewise depicted on the Exhibit A map attached to the application. (All attachments mentioned herein are incorporated by reference and may be inspected at the office of the clerk of this Court.) 1. Fountain Creek Confluence. Reusable treated effluent derived from all
sources of water supply described above, as well as nontributary Denver Basin supplies, and water supplies attributable to Applicant’s interests in FMIC, may all be delivered to the Arkansas River
via Fountain Creek, to which all such sources of water accrue. Applicant therefore seeks an additional “exchange-from” point being the confluence of Fountain Creek with the Arkansas River, located at approximately UTM coordinates (NAD83 datum, Zone 13, meters) 535916.91 Easting, 4233986.54 Northing. 2. Excelsior Ditch Augmentation Station Outlet Canal. The above described water
rights sources, and reusable treated effluent derived therefrom, may accrue to the Arkansas River and be re-diverted at the Excelsior Ditch, including after prior exchange to Pueblo Reservoir and
release therefrom. Such water rights may subsequently be placed in storage in the SSRC or may be re-delivered to the Arkansas River without storage after measurement and discharge at the
Excelsior Ditch Augmentation Station Outlet Canal. Applicant therefore seeks an additional “exchange-from” point being the Excelsior Ditch Augmentation Station Outlet Canal, approximately UTM
coordinates (NAD83 datum, Zone 13, meters) 536000.77 Easting, 4233953.05 Northing. B. Exchange-to Points. 1. Pueblo Reservoir. a. Legal Description of Structure: Pueblo Reservoir is located in all
or portions of Sections 7, 18-22, and 25-36 of Township 20 South, Range 66 West of the 6th P.M., and Sections 1-5, and 9-11 of Township 21 South, Range 66 West of the 6th P.M, and Sections 5, 8, 9, 1316, and 22-25 of Township 20 South, Range 67 West of the 6th P.M., all in Pueblo County, Colorado. The Pueblo Reservoir Dam axis and the center line of the Arkansas River intersect at a point in
Section 36, Township 20 South, Range 66 West of the 6th P.M., from which the Northeast corner of said Section 36 bears North 61°21’20” East, a distance of 2,511.05 feet, all more particularly described
in the decree in Case No. 42135, District Court, Pueblo County, Colorado as corrected in Case No. 02CW37. b. Triview Long-Term Storage Contract. Applicant has acquired from the United States
Bureau of Reclamation (“Reclamation”) a long-term storage contract for the storage of water in Pueblo Reservoir, including the use of the North Outlet Works (“NOW”) where water can be released
to the Southern Delivery System pipeline and related infrastructure, owned and controlled by Colorado Springs Utilities (“CS-U”). Said Contract has a 40-year term and allows Applicant to store up
to 999 acre feet of water in Pueblo Reservoir at any one time, subject to the terms and conditions of Applicant’s contract with Reclamation. c. Convey, Treat and Deliver Contract. Applicant has
initiated negotiations with CS-U for CS-U’s conveyance, treatment and delivery of Applicant’s water supplies as stored in Pueblo Reservoir, including pursuant to the appropriative right of exchange
requested herein, through certain infrastructure owned and controlled by CS-U, including SDS, to Applicant’s municipal water facilities in northern El Paso County, Colorado. Such anticipated
contract will allow for CS-U to take delivery of water and water rights owned and controlled by Applicant and stored in Pueblo Reservoir, and delivery such water through the NOW and SDS, and
subsequently through CS-U’s municipal treatment and delivery system, to Triview’s use. However, Triview currently has no ownership interest in the CS-U infrastructure, nor any contractual right
to utilize the CS-U infrastructure or facilities. Triview shall make no use of any infrastructure associated with the SDS project or other CS-U infrastructure without first acquiring the requisite real
property interests or contractual entitlements to do so. 2. Chilcott Ditch Headgate/Calhan Reservoir. a. Legal Description of Structure/Facilities. The point of diversion of the Chilcott Ditch is at a
point on the north bank of Fountain Creek in the SE¼ of Section 25, Township 15 South, Range 66 West of the 6th P.M., approximately 746 feet from the east line, and approximately 1,957 feet from
the south line of said Section 25. The Chilcott Ditch then proceeds southeasterly until terminating in the Calhan Reservoir in Sections 22 and 27, Township 16 South, Range 65 West of the 6th P.M. b.
Right to use Chilcott Ditch/Calhan Reservoir Facilities. Triview is currently a participant in studies concerning the use of the Chilcott Ditch and Calhan Reservoir as a means of conveyance of municipal water supplies, including effluent. However, Triview currently has no ownership interest in the Chilcott Ditch Company, nor any contractual right to utilize the Chilcot Ditch infrastructure
or facilities, nor any right to store water in Calhan Reservoir. Triview shall make no use of any infrastructure associated with the Chilcott Ditch or Calhan Reservoir without first acquiring the requisite real property interest or contractual entitlements to do so. 3. Fountain Mutual Ditch Headgate/Big Johnson Reservoir. a. Legal Description of Structure/Facilities. The structures and infrastructure facilities associated with the Fountain Mutual Ditch and Big Johnson Reservoir are more particularly described in Paragraph III.A., above. b. Right to use FMIC Facilities. Triview is a major
shareholder in FMIC, and as such as the right to utilize the FMIC facilities for the transport and storage of the Applicant’s FMIC Shares, and Triview is currently a participant in studies concerning
the use of the Fountain Mutual Ditch and Big Johnson Reservoir as a means of conveyance of municipal water supplies, including effluent. However, Triview does not currently have any contractual arrangement with FMIC for carriage of non-FMIC water rights in the FMIC ditch, nor for storage of non-FMIC water rights in Big Johnson Reservoir. Triview shall make no use of any infrastructure
associated with the Fountain Mutual Ditch or Big Johnson Reservoir for water rights other than those associated with the Applicant’s FMIC Shares, without first acquiring the requisite real property interest or contractual entitlements to do so. C. Exchange Rate. Applicant claims an exchange rate of 32 cfs, conditional for all exchanges on the Arkansas River, and 15 cfs, conditional, for all
exchanges on Fountain Creek, as further described herein. D. Operation of Exchange. The above described sources of supply may be exchanged upstream from each of the “exchange-from” points
described in Paragraph IV.A. to each of the “exchange-to” points described in Paragraph IV.B. An exchange will only be operated when there is a live stream between the exchange-from point and
the exchange-to point within the exchange reaches. An exchange will only be operated to the extent that other vested water rights senior to this exchange are not deprived of water to which they
would have been entitled in the absence of such exchange. E. Uses. Applicant will use the water diverted by exchange for all beneficial municipal uses under existing and future decrees for the
water so exchanged, including, without limitation, direct use and storage and subsequent release for municipal, irrigation, stock watering, fire protection and suppression, domestic, commercial,
industrial, and recreational uses, fish and wildlife preservation and propagation, wetlands, augmentation, replacement, substitution, exchange, and recharge, including use, reuse, successive use,
and full consumption and disposition to extinction. The water will be stored or placed to immediate beneficial use in Triview’s municipal water supply system or augmentation plans and used and
successively used to extinction pursuant to Triview’s existing decrees, including but not limited to those listed in Paragraph III.F., above, and Case Nos. 16CW3010 and 18CW3016. F. Appropriation
Dates. The appropriation date for the appropriative rights of exchange on the Arkansas River requested herein is December 18, 2019, which is the date identified in Resolution No. 2020-08 of the
Board of Directors of the Triview Metropolitan District as passed in a public meeting held on July 23, 2020, after provision of public notice as required by applicable law. Such Resolution No. 2020-08
described the acts necessary to demonstrate and provide interested 3rd parties the requisite notice of Applicant’s intent and actions to initiate and appropriate the water rights for the beneficial
uses as set forth herein. The appropriation date for the appropriative rights of exchange on Fountain Creek requested herein is July 22, 2021, at which time the Board of Directors instructed staff
and consultants to explore such exchanges, as documented by the minutes of the Triview Board of Directors public meeting dated July 22, 2021. G. Use of water stored in Pueblo Reservoir: Triview
recognizes that Pueblo Reservoir and other Fryingpan-Arkansas Project (“Project”) facilities are part of the Fryingpan-Arkansas Project, and use of Pueblo Reservoir and other Project facilities
must be pursuant to a contract with Reclamation, and consistent with such policies, procedures, contracts, charges and terms as may be lawfully determined by Reclamation, and, where applicable, Southeastern Colorado Water Conservancy District or their respective successors in interest, in their good faith discretion. Triview shall not operate exchange rights decreed on this application in a manner that would interfere with lawful operation of the Project. H. Use of Facilities not owned or controlled by Triview. Certain structures and infrastructure identified in this application
are owned by 3rd parties. Triview agrees and acknowledges that Triview may utilize such infrastructure only after either acquiring the requisite property interests, or upon entering a contract with
the owners of such infrastructure allowing Triview’s use. I. No injury. Use of the appropriative right of exchange described herein, in accordance with the terms, conditions and restrictions described in this application, will not cause injury to vested water rights.
-----------------------------------------------------------------------------------------------------------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 December 2021, (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 15th day of November 2021.
						/s/ Michele M. Santistevan
						 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
						Michele M. Santistevan, Clerk
						District Court Water Div. 2
						501 N. Elizabeth Street, Suite 116
						Pueblo, CO 81003
						(719) 404-8832
(Court seal)
Published:
PUblished in The Gazette November 24, 2021.

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