District Court, Water Division No. 2, Colorado - Case No. 2023CW3052
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 December 2023, in Water Division No. 2. The Water Judge ordered this case be published in the Kiowa County Press in Kiowa 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.
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CASE NO. 2023CW3052; CITY OF COLORADO SPRINGS, ACTING BY AND THROUGH ITS ENTERPRISE COLORADO SPRINGS UTILITIES (“UTILITIES”), c/o Kim Gortz, Water Supply Resources Manager, 1521 Hancock Expressway, MC 1825, Colorado Springs, CO 80903 (Please address all pleadings and inquiries regarding this matter to Applicant’s attorneys: Michael J. Gustafson, Reg. No. 37364, Nathan Endersbee, Reg. No. 47426, City Attorney’s Office – Utilities Division, 30 South Nevada Avenue, MC 510, Colorado Springs, CO 80903, Phone: (719) 385-5909; David W. Robbins, No. 6112, Matthew A. Montgomery, No. 44039, Hill & Robbins, P.C., 3401 Quebec St., Suite 3400, Denver, CO 80207, Phone: (303) 296-8100)
Amended Application For Conditional Appropriative Rights Of Substitution And Exchange
BENT, CROWLEY, KIOWA, OTERO, AND PUEBLO COUNTIES
2. Summary of Application: Colorado Springs Utilities (“Utilities”) is an enterprise of the City of Colorado Springs and is a four-service public municipal utility that provides, among other things, municipal and industrial water service to the City of Colorado Springs, Colorado (“Colorado Springs”), and several areas within the vicinity of Colorado Springs. Areas served by Utilities are referred to as the “Service Area” as it exists now and or as it may exist in the future. Utilities is the owner of 3,292 shares of stock in the Fort Lyon Canal Company (“FLCC”) which are represented by FLCC Share Certificates Nos. 11020, 11023, 11077, 11079, 11080, 11081, 11082, 11083, 11084, 11085, 11086, 11087, 11088, 11089, 11090, 11091, 11092, 11093, 11094, 11096, 11098, 11100, 11102, 11104, 11106, 11108, 11110, 11112, 11114, 11116, 11118, 11120, 11122, 11124, 11125, 11127, 11129, 11140, and one share certificate to be determined attached hereto as Exhibit A (“Utilities’ FLCC Shares”). (All exhibits mentioned herein are incorporated by reference and may be inspected at the office of the clerk of this Court.) In 2022, Utilities entered into an intergovernmental agreement with Bent County (the “Bent County IGA”) that authorizes Utilities to develop up to fifteen thousand (15,000) acre-feet of fully consumable annual water supplies through one or more “Authorized Water Development Projects.” The Bent County IGA is herto as Exhibit B. Authorized Water Development Projects are part of Utilities’ Collaborative Water Sharing Program and aim to help farmers maintain productivity and economic vitality with less irrigated acreage while also providing water supply for Colorado Springs. Utilities acquired Utilities’ FLCC Shares as part of an Authorized Water Development Project to assist farmers under the FLCC in their transition from flood irrigation to more efficient center pivot irrigation. Water historically used to irrigate the parcel corners will be available for Utilities’ use (termed “Authorized Parcel Corner Dry-Up” under the Bent County IGA). In addition, Utilities is evaluating a potential water storage facility on a parcel of land known as the Fish Hatchery Farm to facilitate the delivery of water from this project and future Authorized Water Development Projects under the FLCC. Utilities is currently seeking approval from the Board of Directors of the FLCC (pursuant to the FLCC Bylaws) to file an application to change the type and place of use of Utilities’ FLCC Shares and an Authorized Water Development Project Certification from Bent County (as defined in, and pursuant to, the Bent County IGA). Once these approvals are complete, Utilities intends to file an application with the Division 2 Water Court to change the type and place of use of Utilities’ FLCC Shares so that they can be used, inter alia, for any beneficial use within Utilities’ Service Area. This Application seeks judicial confirmation, pursuant to C.R.S. §§ 37-80-120, 37-82-106, 37-83-104, and 37-92-302, of conditional appropriative rights of substitution and exchange, under which water attributable to Utilities’ FLCC Shares will be delivered to the Arkansas River or its tributaries at or upstream of John Martin Dam and an equivalent amount of water will be diverted and stored upstream in the Colorado Canal System, including a new reservoir to be built on or near Haynes Creek, or Pueblo Reservoir; or diverted and directly delivered to the intake to the Fountain Valley Conduit (“FVC”) and the intake to the Southern Delivery System (“SDS”), either directly, or by stepped, intermediate exchange(s), to the headgate of the Colorado Canal, the headgate of the Fort Lyon Canal, or the headgate of the Fort Lyon Storage Canal. This water will be subsequently delivered to Utilities’ municipal system where it will be stored, used, reused, successively used and/or used to extinction, directly, after storage, and/or by exchange for any lawful use using any structure now existing or hereafter constructed that is lawfully available for use by Colorado Springs. In addition, water attributable to Utilities’ FLCC Shares is or will be a “Temporary Use Agreement Water” or “TU Water” and may be exchanged or used under any existing or future decree or administrative approval that provides for the exchange of TU Water, subject to the terms and conditions of the appropriate decree including, but not limited to, the Decrees entered in Case Nos. 05CW96, 07CW122, 16CW3056, 19CW3052 and 19CW3053 (Water Div. 2). When water attributable to Utilities’ FLCC Shares is exchanged to the headgate of the Fort Lyon Canal or the headgate of the Fort Lyon Storage Canal, such water may be stored through an intra-ditch exchange or directly stored in Adobe Creek Reservoir (including a future enlargement of Adobe Reservoir) and/or in a future Fish Hatchery Storage Facility prior to subsequent exchange upstream. Water exchanged to the headgates of the Fort Lyon Canal and the Fort Lyon Storage Canal, including water stored in Adobe Creek Reservoir and/or a Fish Hatchery storage facility, will be subsequently released to Gageby Creek or Adobe Creek, and exchanged upstream from the John Martin Dam or the confluence of Adobe Creek and the Arkansas River. Utilities acknowledges that any use of the Fort Lyon Canal, the Fort Lyon Storage Canal, or Adobe Creek Reservoir is subject to the approval of and an agreement with FLCC and may be subject to local, state, or federal permitting or approvals beyond the scope of this water court application. When water attributable to Utilities’ FLCC Shares is exchanged to the headgate of the Colorado Canal, such water may be stored in Lake Meredith, Lake Henry, or a future reservoir to be constructed on or near Haynes Creek prior to subsequent exchange upstream. Water stored in Lake Henry and Lake Meredith will be subsequently exchanged into Utilities’ municipal system under the Decree entered in Consolidated Case Nos. 84CW62, 84CW63, and 84CW64 (Water Div. 2), subject to the terms and conditions of that Decree. Water stored in the reservoir to be constructed on Haynes Creek will be released into the Colorado Canal Wasteway and subsequently exchanged upstream from the confluence of the Colorado Canal Wasteway and the Arkansas River. Utilities acknowledges that any use of a future reservoir to be constructed on Haynes Creek is subject to the approval of and an agreement with the Colorado Canal Company, the owner(s) of the reservoir, and may be subject to local, state, or federal permitting or approvals beyond the scope of this water court application. Utilities acknowledges that the use of FVC and SDS may be subject to local, state, or federal permitting or approvals beyond the scope of this water court application. Utilities acknowledges that the use of Pueblo Reservoir may be subject to local, state, or federal permitting or approvals beyond the scope of this water court application. II. Application for Conditional Appropriative Rights of Exchange. 3. Name of structures, legal description of exchange from points, exchange to points, and exchange reach: 3.1. Structures from which substitute supplies will be measured or stored and released to the Arkansas River or its tributaries (“Release from Points”): 3.1.1. Fish Hatchery Augmentation Station: To be constructed generally in all or portions of Sections 23, 24, 25, and 26 of T22S, R53W of the 6th P.M. in Bent County, CO. 3.1.2. County Road 8 Augmentation Station: To be constructed generally in the NE1/4 of theNW1/4 of Section 5, T23S, R52W of the 6th P.M. in Bent County, CO. 3.1.3. Gageby Creek Farm 36 Augmentation Station (WDID 6701006) (Station ID ARF125CO): Located in the SE1/4 of the SW1/4 of Section 14, T22S, R51W of the 6th P.M., in Bent County, Colorado. 3.1.4. Gageby Creek Farm 27 Augmentation Station (WDID 6701002) (Station ID ARF126CO): Located in the NW1/4 of the SE1/4 of Section 26, T22S, R51W of the 6th P.M., in Bent County, Colorado. 3.1.5. Springs Utilities Gageby Creek Augmentation Station: To be constructed generally in the NW1/4 of the SW1/4 of Section 1, T22S, R51W of the 6th P.M in Bent County, CO. 3.1.6. Horse Creek Augmentation Station (WDID 1701000) (Station ID ARF49DCO): Located in the SW1/4 of the NE1/4 of Section 33, T22S, R53W of the 6th P.M., in Bent County, Colorado. 3.1.7. Adobe Creek Reservoir (WDID 1703546): Located in T20S and T21S, R52W of the 6th P.M., in Bent County, Colorado. 3.1.8. Fish Hatchery Storage Facility: To be constructed generally in all or portions of Sections 23, 24, 25, and 26 of the T22S, R53W of the 6th P.M., in Bent County, CO. 3.1.9. Haynes Creek Reservoir (WDID 1403621): To be constructed in Sections 5, 8 and 9, T21S, R61W of the 6th P.M., in Pueblo County, Colorado. 3.1.10. John Martin Reservoir Dam: John Martin Reservoir (WDID 6703512) is located in all or portions of Sections 24, 25, 26, 27, 33, 34, 35, and 36, T22S, R51W; Sections 28, 29, 30, 31, 32, 33, 34, and 35, T22S, R50W; Sections 5, 6, 7, 8, 17, and 18, T23S, R49W; Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 19, 20, 21, and 30, T23S, R50W; Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 17, and 18, T23S, R51W; and Sections 1, 12, and 13, T23S, R52W; all of the 6th P.M., in Bent County, Colorado. The dam is located in Sections 5, 8, and 17 of T23S, R49W of the 6th P.M., in Bent County, Colorado. 3.2. Locations from which substitute supplies will be exchanged (“Exchange from Points”): 3.2.1. John Martin Reservoir Dam: John Martin Reservoir (WDID 6703512) is located in all or portions of Sections 24, 25, 26, 27, 33, 34, 35, and 36, T22S, R51W; Sections 28, 29, 30, 31, 32, 33, 34, and 35, T22S, R50W; Sections 5, 6, 7, 8, 17, and 18, T23S, R49W; Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 19, 20, 21, and 30, T23S, R50W; Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 17, and 18, T23S, R51W; and Sections 1, 12, and 13, T23S, R52W; all of the 6th P.M., in Bent County, Colorado. The dam is located in Sections 5, 8, and 17 of T23S, R49W of the 6thP.M., in Bent County, Colorado. 3.2.2. The Confluence of Horse Creek and the Arkansas River (WDID 1720020): Located in the NW1/4 of the NW1/4 of Section 11, T23S, R53W of the 6th P.M., in Bent County, CO. 3.2.3. The Confluence of Adobe Creek and the Arkansas River (WDID 1729092): Located in the NW1/4 of the NW1/4 of Section 11, T23S, R53W of the 6th P.M., in Bent County, CO. 3.2.4. The Confluence of Road 8 Augmentation Station Channel and the Arkansas River: Located in the SE1/4 of the NW1/4 of Section 5, T23S, R52W of the 6th P.M., in Bent County, CO. 3.2.5. The Confluence of the Colorado Canal Wasteway and the Arkansas River (WDID 1720023): On or near the north bank of the Arkansas River in the NW1/4 of the SE1/4 of Section 8, T21S, R61W of the 6th P.M., in Pueblo County, Colorado. 3.2.6. Supplemental Locations: Any other location on the main stem of the Arkansas River or its tributaries at or above John Martin Dam where Utilities is capable of delivering water. A map depicting the approximate locations of the Release from Points and Exchange from Points is attached as Exhibit C to this Application. 3.3 Locations to which substitute supplies will be exchanged (“Exchange to Points”) and/or stored: 3.3.1. Pueblo Reservoir (WDID 1403526): Pueblo Reservoir is located at a point at the intersection of Pueblo Dam axis and the Arkansas River whence the NE corner of Section 36, T20S, R66W of the 6th P.M. bears north 61º21’20” east a distance of 2,511.05 feet, in Pueblo County, Colorado. Said Reservoir will inundate all or portions of Sections 7, 18, 19, 20, 21, 22, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, and 36, T20S, R66W; Sections 1, 2, 3, 4, 5, 9, 10, and 11, T21S, R66W; and Sections 5, 8, 9, 13, 14, 15, 16, 22, 23, 24, and 25, T20S, R67W; all of the 6th P.M. in Pueblo County, Colorado. 3.3.2. The Inlet to the Southern Delivery System: The inlet to the SDS Pipeline is in Pueblo Reservoir. The location of Pueblo Reservoir is described in paragraph 3.3.1., above. 3.3.3. The Inlet to the Fountain Valley Conduit: The Inlet to the FVC Pipeline is in Pueblo Reservoir. The location of Pueblo Reservoir is described in paragraph 3.3.1., above. 3.3.4. Headgate of the Fort Lyon Canal (WDID 1700553): On the north bank of the Arkansas River in the SW1/4 of the SE1/4 of Section 29, T23S, R55W of the 6th P.M., in Otero County, Colorado. TU Water diverted at the headgate may be delivered through the Fort Lyon Canal System to storage in Adobe Creek Reservoir via an intra-ditch exchange, described in subparagraph 3.3.7 below. TU Water diverted at the headgate may be delivered through the Fort Lyon Canal System to storage in a future Fish Hatchery storage facility, described in subparagraph 3.3.5 below. 3.3.5. Fish Hatchery Storage Facility. To be constructed generally in all or portions of Sections 23, 24, 25, and 26 of the T22S, R53W of the 6th P.M in Bent County, CO. 3.3.6. Headgate of the Fort Lyon Storage Canal (WDID 1700648): A point in the county of Crowley, state of Colorado, on the north bank of the Arkansas River, in the NW1/4 of the SE1/4 of Section 20, T22S, R57W of the 6th P.M. TU Water diverted at the headgate may be delivered through the Fort Lyon Canal System to storage in Adobe Creek Reservoir, described in subparagraph 3.3.7 below. 3.3.7. Adobe Creek Reservoir (WDID 1703546): In T20S and T21S, R52W of the 6th P.M. 3.3.8. Headgate of the Colorado Canal (WDID 1700540): On the north bank of the Arkansas River in the NW1/4 of the NW1/4 of Section 11, T21S, R62W of the 6th P.M., in Pueblo County, Colorado. TU Water diverted at the headgate may be delivered through the Colorado Canal System to storage in Lake Meredith, Lake Henry, and Haynes Creek Reservoir described in subparagraphs 3.3.9, 3.3.10, and 3.3.11 below. 3.3.9. Lake Meredith (WDID 1703525): Located in all or portions of Sections 15, 16, 19, 20, 21, 22, 27, 28, 29, 30, 31, 32, and 33, Township 21 S, Range 56 W; Sections l and 12, Township 22S, Range 57W; Section 6, Township 22 S, Range 56 W; and Sections 24, 25, and 36, Township 21 S, Range 57 W; all in the 6th P.M., in Crowley County, Colorado. Lake Meredith Reservoir dam axis and the centerline of the outlet canal intersect at a point located in the NW1/4 of the SW1/4 of Section 12, T22S, R57W of the 6th P. M., in Crowley County, CO. 3.3.10. Lake Henry (WDID 1703524): In Sections 31 and 32, T20S, R56W, and Sections 5 and 6, T21S, R56W, all in the 6th P.M. UTM coordinates of dam: 611994.1 E, 4234990.1 N (GPS). 3.3.11. Haynes Creek Reservoir (WDID 1403621): To be constructed in Sections 5, 8 and 9, T21S, R61W of the 6th P.M. UTM 565517.0 E 4233461.0 N (Digitized). A map depicting the approximate locations of the Exchange to Points and storage locations is attached as Exhibit D to this Application. 4. Stream Reaches of Exchange: The exchange reaches requested herein extend from the Exchange from Points described in paragraph 3.2, above, to the Exchange to Points described in paragraph 3.3, above. 5. Sources of Water to be Exchanged: Utilities’ pro rata interest in the Fort Lyon Canal Water Rights described in Exhibit E available under Utilities’ FLCC Shares as determined in the future change case. 6. Exchange Operation: Fully consumable water derived from the sources described in paragraph 5, above, will be released from the release points in paragraph 3.1, above, and delivered to the Exchange from Points in paragraph 3.2, above, located on the Arkansas River and an equal amount of water will be diverted by exchange upstream at the Exchange to Points in paragraph 3.3, above, for subsequent storage, delivery, use, reuse, successive reuse, and/or use to extinction in Applicant’s municipal water supply system and Service Area. Use in Applicant’s municipal water supply system includes all beneficial uses including, without limitation, all decreed uses, all places of use, and places of storage of the source of the substitute supply. Transit losses shall be assessed by State water administration officials as necessary. 7. Appropriation: 7.1 Appropriation Date: January 11, 2022. 7.2 How Appropriation was Initiated: Approval of a resolution by the Colorado Springs City Council directing the filing of an application requesting the proposed exchanges. 7.3 Date Water Applied to Beneficial Use: Not applicable as the requested appropriative rights of exchange are conditional. 8. Amount Claimed: The exchanges described herein will operate once supplies are introduced from Release from Points identified in paragraph 3.1 and reach the Arkansas River and its tributaries from the Exchange from Points identified in paragraph 3.2 to the Exchange to Points identified in paragraph 3.3. The proposed rates of the exchanges requested herein are the lesser amount of the maximum rate of release of the TU Water available at the Exchange from Points or the maximum rate of inflow into the Exchange to Points. An exchange matrix of the identified locations and sought exchange rates is attached as Exhibit F. 8.1 Maximum Release Rates from Structures from which substitute supplies will be released to the Arkansas River or its tributaries: 8.1.1 Fish Hatchery Augmentation Station: 49.38 cfs. 8.1.2 County Road 8 Augmentation Station: 49.38 cfs. 8.1.3 Gageby Creek Farm 36 Augmentation Station (WDID 6701006) (Station ID ARF125CO): 49.38 cfs. 8.1.4 Gageby Creek Farm 27 Augmentation Station (WDID 6701002) (Station ID ARF126CO): 49.38 cfs. 8.1.5 Springs Utilities’ Gageby Creek Augmentation Station: 400 cfs. 8.1.6 Horse Creek Augmentation Station: 49.38 cfs. 8.1.7 Adobe Creek Reservoir: 400 cfs. 8.1.8 Fish Hatchery Storage Facility: 400 cfs. 8.1.9 Haynes Creek Reservoir: 400 cfs. 8.1.10. John Martin Reservoir: 500.00 cfs. 8.2 Maximum Release Rates from the Exchange From Points: 8.2.1. The John Martin Reservoir Dam: 949.38 cfs. 8.2.2. The Confluence of Horse Creek and the Arkansas River: 49.38 cfs. 8.2.3. The Confluence of Adobe Creek and the Arkansas River: 449.38 cfs. 8.2.4. The Confluence of the Road 8 Augmentation Channel and the Arkansas River: 49.38 cfs. 8.2.5. At or near the Confluence of the Colorado Canal Wasteway and the Arkansas River: 400 cfs. 8.3 Maximum Inflow to Exchange to Points using sources claimed herein: 8.3.1 Pueblo Reservoir: 1,749.38 cfs. 8.3.2 SDS Pipeline: 120.68 cfs. 8.3.3 FVC Pipeline: 19.80 cfs. 8.3.4 Headgate of Fort Lyon Canal: 49.38 cfs. 8.3.5 Headgate of Fort Lyon Storage Canal: 500.00 cfs. 8.3.6 Headgate of the Colorado Canal: 756.00 cfs. 9. Use or Proposed Use: The water diverted pursuant to these appropriative rights of substitution and exchange will be stored, used, reused, successively used and/or used to extinction, directly, after storage, and/or by exchange, using any structure now existing or hereafter constructed that is lawfully available for use by Colorado Springs for any decreed beneficial use of the TU Water. 10. Place of Use: The place of use of water diverted pursuant to the exchanges shall include Applicant’s Service Area as it exists now and as it may exist in the future, including the territorial boundaries of Colorado Springs and any areas served by Applicant by extraterritorial agreement or other contract; for replacement of depletions on Fountain Creek accruing between Colorado Springs and the confluence of Fountain Creek and the Arkansas River; and in any location within the Arkansas River Basin for which water may be delivered by Applicant for augmentation, sale, or lease, and for such other uses as may be allowed by law. The territorial boundaries of Colorado Springs as of August 2022 are shown on Exhibit G. 11. Substituted water: The substituted water identified in paragraph 5 above is of a quality and continuity to meet the requirements for which the water of the senior appropriation normally has been used. 12. Integrated System: The Applicant owns and operates an integrated system for water diversion, transmission, storage, treatment, and distribution, as well as collection and treatment of the resultant wastewater for release, exchange, or reuse. The conditional appropriative exchange rights that are the subject of this Application are a part of this integrated water system comprising all water rights decreed and used for development and operation of the Colorado Springs’ municipal water supply system. Applicant requests that reasonable diligence in the development of one component of the system comprises reasonable diligence in the development of all components. III. Name and Address of Owner of Land Upon Which Structures are Located. 13. Structures described in subparagraphs 3.1.1 - 3.1.6: 13.1. Fish Hatchery Augmentation Station. The City of Colorado Springs, acting by and through its enterprise, Colorado Springs Utilities, 121 South Tejon St, Colorado Springs, Colorado 80903. 13.2. County Road 8 Augmentation Station. Big R. Properties, LLC., 100 Big R St., Pueblo, CO 81001. 13.3. Gageby Creek Farm 36 Augmentation Station. Arkansas River Farms, LLC, 1400 16th St. STE. 320, Denver, CO 80202. 13.4. Gageby Creek Farm 27 Augmentation Station. Arkansas River Farms, LLC, 1400 16th St. STE. 320, Denver, CO 80202. 13.5. Springs Utilities Farm 27 Gageby Creek Augmentation Station. Karney Land & Cattle, Inc., 34808 Road 17, Las Animas, CO81054. 13.6. Horse Creek Augmentation Station. DiRezza Limited Family Partnership, 33155 E. Hwy. 194, La Junta, CO 81050. 14. Pueblo Reservoir: U.S. Department of Interior, Bureau of Reclamation, Eastern Colorado Area Office, 11056 West County Road 18 E, Loveland, CO 80537-9711. 15. John Martin Reservoir: U.S. Army Corps of Engineers, Reservoir Manager, 29955 County Road 25.75, Hasty, CO 81044; Caddoa Sands LLC, 2010 Fox Mountain Point, Colorado Springs, CO 80906. 16. Lake Meredith: Lake Meredith Reservoir Company, 331 Main Street, Ordway, CO 81063. 17.Lake Henry: Lake Henry Reservoir Company, 331 Main Street, Ordway, CO 81063. 18. Colorado Canal: Colorado Canal Company, 331 Main Street, Ordway, CO 81063. 19. Haynes Creek Reservoir: 19.1 The City of Pueblo, Colorado, a municipal corporation, acting by and through the Board of Water Works of Pueblo, Colorado, 319 West Fourth St, Pueblo, Colorado 81003. 19.2. The City of Aurora, Colorado, acting by and through its Utility Enterprise, 15151 East Alameda Pkwy, Aurora, Colorado 80012. 19.3. The City of Colorado Springs, acting by and through its enterprise, Colorado Springs Utilities, 121 South Tejon St, Colorado Springs, Colorado 80903. 19.4. The City of Fountain Water, Wastewater, and Utility Enterprise, 116 South Main St. Fountain, Colorado 80817. 19.5. The Pueblo West Metropolitan District, 356 South McCulloch Blvd., Pueblo West, Colorado 81007. 19.6. Southeastern Colorado Water Activity Enterprise, 31717 United Avenue, Pueblo, Colorado 81001. 20. Fort Lyon Canal, Fort Lyon Storage Canal and Adobe Creek Reservoir: Fort Lyon Canal Company, 750 Bent Ave., Las Animas, CO 81054. 21. Fish Hatchery Storage Facility. The City of Colorado Springs, acting by and through its enterprise, Colorado Springs Utilities, 121 South Tejon St, Colorado Springs, Colorado 80903.
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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 February 2024, (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.
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Witness my hand and the seal of this Court this 11th day of January 2024.
/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 January 19, 2024
In the Kiowa County Press
