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 2017, in Water Division No. 2. The Water Judge ordered this case be published in the Kiowa County Press in Kiowa 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. 2017CW3001- LOWER ARKANSAS WATER MANAGEMENT ASSOCIATION ("LAWMA"). 310 South 6th Street, P. O. Box 1161, Lamar, Colorado 81052 (Please address all correspondence and inquiries regarding this matter to Applicant's attorneys: Richard J. Mehren, Jennifer M. DiLalla, William D. Davidson, Moses, Wittemyer, Harrison and Woodruff, P.C., 2595 Canyon Blvd., Suite 300, Boulder, Colorado 80302; (303) 443-8782)

Application for Plan for Augmentation

KIOWA COUNTY

2. Purpose of application: LAWMA is a non-profit corporation organized for the purpose of, among other things, providing a means for its members to continue to make ground water diversions from wells and other structures with junior priorities and to continue to make surface water diversions from structures with junior priorities in the Arkansas River water rights regime. The purpose of this application is to include additional structures in LAWMA's plan for augmentation ("Augmentation Plan"), which was decreed on March 8, 2007 in Case No. 02CW181, Water Division No. 2 ("02CW181 Decree"). Pursuant to paragraph 43 of the 02CW181 Decree, LAWMA may add wells or other structures to the Augmentation Plan by filing a new application with the Water Court. 3. Description of structures to be augmented ("Additional LAWMA Structures"): Name: Greg Spitzer SEO ID No.: 6706101. Permit No.: 18943F. Case No.: 14CW3059. PLSS Legal Description: NW 1/ 4 SW 1/ 4 sec. 6, T18S, R46W, 6th P.M., Kiowa County, 2500 feet from the South line and 850 feet from the West line. SECWCD Boundaries: No. Source: Rush Creek Tributary UTM Coordinates (NAD83): UTM X 707681 UTM Y 4266177. Elevation 3991. Name: National Park Service SEO ID No.: 6706142. Permit No.: 13260RR. Case No.: W3235. PLSS Legal Description: NW 1/4 SW 1/4 sec. 30, T17S, R45W, 6th P.M., Kiowa County, 1526 feet from the South line and 1161 feet from the West line. SECWCD Boundaries: No. Source: Big Sandy Creek Tributary UTM Coordinates (NAD83): UTM X 717325 UTM Y 4269243. Elevation 3969. Name: Greg Spitzer SEO ID No.: 6706154. Permit No.: 18944F. Case No.: 14CW3059. PLSS Legal Description: SE 1/4 SE 1/4 sec. 36, T17S, R47W, 6th P.M., Kiowa County, 120 feet from the South line and 400 feet from the East line. SECWCD Boundaries: No. Source: Rush Creek Tributary. UTM Coordinates (NAD83): UTM X 707279 UTM Y 4267012. Elevation 4001. A map showing the location of the Additional LAWMA Structures is attached to the Application as Exhibit B. (All exhibits mentioned herein are incorporated by reference and may be inspected at the office of the clerk of this Court.) A total of three additional structures will be included in LAWMA's Augmentation Plan through this application. 4. Water rights and other sources of water to be used for augmentation: Those water rights and other sources of water identified in paragraph 40 of the 02CW181 Decree and in the decrees entered in Case Nos. 05CW52 and 10CW85, and those water rights and other sources of water that are added as sources of augmentation water to the 02CW181 Decree pursuant to the terms and conditions of paragraph 41 of the 02CW181 Decree. None of the Additional LAWMA Structures is located within the boundaries of the Southeastern Colorado Water Conservancy District; therefore, the Additional LAWMA Structures are not eligible to receive Fryingpan-Arkansas Project water, including return flows, as an augmentations source. 5. Statement of plan for augmentation: The amount, timing and location of depletions from the Additional LAWMA Structures will be determined in accordance with the methodologies approved in the 02CW181 Decree. Under the Augmentation Plan, LAWMA shall account for and fully replace all out-of-priority stream depletions caused by the Additional LAWMA Structures with fully-consumable water in accordance with the terms and conditions of the 02CW181 Decree and the decree to be entered in this case, in a manner that protects Colorado senior surface water rights from injury and assures compliance with the Arkansas River Compact. This application does not seek to change any provision of the 02CW181 Decree other than the inclusion of the Additional LAWMA Structures, does not seek a change of water right for any of the water rights identified in paragraph 40 of the 02CW181 Decree, and does not seek any change to those augmented structures or replacement water sources previously decreed to be included in the Augmentation Plan. Instead, this application seeks (i) the Court's approval of LAWMA's inclusion of the structures described above in the Augmentation Plan in accordance with the terms and conditions of the 02CW181 Decree; and (ii) accordingly, the Court's confirmation that LAWMA will fully replace under the Augmentation Plan, so as to prevent injury to Colorado senior surface water rights and assure compliance with the Arkansas River Compact, all out-of-priority depletions caused by the Additional LAWMA Structures. WHEREFORE, LAWMA respectfully requests that this Court enter a decree approving this plan for augmentation and determining that such plan for augmentation will not cause injury to the vested or decreed conditional water rights of others and will not violate the Arkansas River Compact.

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 2017, (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 7th day of February, 2017.

/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 17, 2017

In The Kiowa County Press