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 April 2025, 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.coloradojudicial.gov.

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. 2025CW3015; CITY OF COLORADO SPRINGS, ACTING BY AND THROUGH ITS ENTERPRISE, COLORADO SPRINGS UTILITIES (“UTILITIES”), c/o Kim Gortz, Water Resources Manager, 1521 Hancock Expressway, MC 1813, Colorado Springs, CO 80903 (Please address all pleadings and inquiries regarding this matter to Applicant’s attorneys: Michael Gustafson, Nathan Endersbee, City Attorney’s Office – Utilities Division, P.O. Box 1575, Mail Code 510, 30 South Nevada Avenue, Suite 501, Colorado Springs, CO 80903, (719) 385-5535 and Co-counsel David Robbins, Matthew Montgomery, Hill & Robbins, P.C. 3401 Quebec Street, Suite 3400, Denver 80207, (303) 296-8100)

Application For Change Of Water Rights 

BENT, CHAFFEE, CROWLEY, EL PASO, FREMONT, KIOWA, LAKE, OTERO, PUEBLO AND TELLER COUNTIES

2. Summary of Application: 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 Colorado Springs 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 11175 attached to the application 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.) Through this Application, Utilities seeks to change the type and place of use of 2,810 of these shares (the “Subject Shares”) so that they may be used in Colorado Springs’ municipal system and/or leased back to irrigators in the Lower Arkansas Valley.  Utilities’ FLCC Shares were part of a combined 9,957 FLCC shares (the “Irrigation Shares”) that were used historically to irrigate approximately 33 parcels near the Town of Las Animas, Colorado, with a maximum historically irrigated area of approximately 6,400 acres.  Of the historically irrigated area, approximately 4,366 acres will remain in irrigation through center pivot sprinkler installation and approximately 1,738 acres will be removed from irrigation.  In addition, approximately 131 acres of historically irrigated lands that will no longer receive irrigation water from the FLCC will continue to be irrigated by augmented groundwater.  As this point in time, the remaining 482 of Utilities’ FLCC Shares that are not Subject Shares being changed in this case will remain in irrigation under new center pivot sprinklers (the “482 Unchanged Shares”).  Utilities has long-term plans to construct a water storage facility (known as the “Fish Hatchery Storage Facility”) and is currently evaluating the feasibility of this facility.  Once the feasibility of the Fish Hatchery Storage Facility is confirmed, and the plans are complete, Utilities will file a separate application with the Division 2 Water Court to change the type and place of use of the 482 Unchanged Shares. 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.”  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.  Unirrigated corner acreage created by the installation of center pivot sprinklers (termed “Authorized Parcel Corner Dry-Up” under the Bent County IGA) constitutes 1,373.88 acres to be dried up and permanently removed from irrigation under this Decree.  Unirrigated acres that could not support a center pivot sprinkler due to their irregular shape (termed “Authorized Permanent Dry-Up” under the Bent County IGA) constitute 364.30 acres to be dried up and permanently removed from irrigation under this Decree.  The Bent County IGA is attached hereto as Exhibit B. As required by the FLCC Bylaws, on June 9, 2023, Utilities filed a request for approval of a change in type and place of use of Utilities’ FLCC Shares with the FLCC Board of Directors.  The request was approved by the FLCC Board of Directors on June 12, 2024.  A copy of the approval is attached hereto as Exhibit C.  This approval authorized Utilities, inter alia, to change the type and place of use of the 2,810 Subject Shares and the 482 Unchanged Shares.  As required by the Bent County IGA, on November 6, 2024, Utilities filed a “Notice of Authorized Water Development Project” concerning the Subject Shares as required by the Bent County IGA.  Bent County issued an Authorized Water Development Project Certification concerning the Subject Shares on December 19, 2024.  A copy of the certification is attached hereto as Exhibit D.  The future change of the 482 Unchanged Shares was beyond the scope of this certification. On December 20, 2023, Utilities filed an application with the Water Court, Water Division 2, in Case No. 23CW3052 seeking 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 reused to extinction, directly, after storage, and/or by exchange for Utilities’ New Uses (as defined below) in any structure now existing or hereafter constructed that is lawfully available for use by Colorado Springs. Water attributable to the Subject Shares is or will be a “Temporary Use Agreement Water” or “TU Water” and may be exchanged or used as a “Class I Temporary Use Water” 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).  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. This Application seeks to change the type and place of use of the Subject Shares so that water attributable to these shares may be used by exchange, directly, and after storage for all beneficial uses.  Utilities’ beneficial uses will include, without limitation, municipal, domestic, agricultural, industrial, commercial, irrigation, stock watering, fire protection, recreation, in-reservoir fish and wildlife preservation and propagation, recharge of aquifers, exchange, replacement of historical return flows, replacement of depletions resulting from the use of water from other sources, relinquishment pursuant to §37-90-137(9)(b), C.R.S., and all augmentation purposes, including under substitute water supply plans approved pursuant to §37-92-308(4) (collectively, “Utilities’ New Uses”).  Utilities’ New Uses will also include, without limitation, the leaseback of the portion of Utilities’ Shares that are fully consumable to irrigators in the Lower Arkansas Valley, as well as leaseback for environmental, recreational, and municipal uses. 3. Water rights to be changed: Utilities seeks to change the type and place of use of its pro rata share of water rights associated with the Subject Shares.  The Subject Shares are a pro rata portion of those water rights owned or controlled by the FLCC, including without limitation those described in paragraphs 3.1 through 3.6 below.  The FLCC is a mutual ditch company with approximately 93,989.4166 shares of capital stock issued and outstanding.  The Subject Shares represent approximately 2.99% of the total outstanding capital stock in the FLCC. The 482 Unchanged Shares represent approximately 0.51% of the total outstanding capital stock in the FLCC.   Utilities’ FLCC Shares combined represent approximately 3.50% of the total outstanding capital stock in the FLCC. The Irrigation Shares represent approximately 10.59% of the total outstanding capital stock in the FLCC.  3.1 Decreed points of diversion: The FLCC has decreed points of diversion or rights of use at the following structures.  An area map is attached hereto as Exhibit E. 3.1.1. Fort Lyon Canal (WDID 1700553).  The decreed point of diversion of the Fort Lyon Canal is located in the NE 1/4 of Section 32, Township 23 South, Range 55 West of the 6th P.M. in Otero County, Colorado. Whereas, the current physical point of diversion is located the SW 1/4 of the SE 1/4 of Section 29, Township 23 South, Range 55 West of the 6th P.M. in Otero County, Colorado. 3.1.2. Fort Lyon Storage Canal (WDID 1700648).  The diversion dam straddles the Crowley/Otero county line.  The point of diversion is located on the north bank of the Arkansas River, at a point in the NW 1/4 of the SE 1/4 of Section 20, Township 22 South, Range 57 West of the 6th P.M., in Crowley County, Colorado. 3.1.3. Horse Creek Reservoir (WDID 1703545).  Horse Creek Reservoir is located in portions of Sections 29, 30, 31, and 32 of Township 21 South, Range 53 West, and Sections 6 and 7 of Township 22 South, Range 53 West, and in portions of Sections 25, and 36 of Township 21 South, Range 54 West, and Sections 1, 2, and 12 of Township 22 South Range 54 West of the 6th P.M., in Otero County, Colorado.  The dam for the reservoir is located in Sections 6 and 7, Township 22 South, Range 53 West, and in Sections 1 and 12, Township 22 South, Range 54 West of the 6th P.M., all in Bent and Otero Counties, Colorado. 3.1.4. Horse Creek Supply Ditch (WDID 1700673).  The decreed point of diversion of the Horse Creek Supply Ditch is located in the SW 1/4 of the SE 1/4 of Section 6, Township 22 South, Range 54 West of the 6th P.M., in Otero County, Colorado. 3.1.5. Adobe Creek Reservoir (WDID 1703546).  Adobe Creek Reservoir is located in portions of Sections 27, 28, 29, 32, 33, and 34 of Township 20 South, Range 52 West, and in portions of Sections 3, 4, 5, 6, 7, 8, 9, 17, and 18, of Township 21 South, Range 52 West of the 6th P.M., in Kiowa and Bent Counties, Colorado.  The dam for the reservoir is located in Sections 7, 17, and 18 of Township 21 South, Range 52 West of the 6th P.M., in Bent County, Colorado. 3.1.6. Adobe Creek Supply Ditch (WDID 1700674).  The point of diversion of the Adobe Creek Supply Ditch is located in the NE 1/4 of the SW 1/4 of Section 26, Township 20 South, Range 53 West of the 6th P.M. in Kiowa County, Colorado. 3.1.7. Thurston Reservoir, originally decreed as Prince Reservoir (WDID 6703882).  Thurston Reservoir is located in portions of Section 18 of Township 21 South, Range 46 West and Section 13 of Township 21 South, Range 47 West of the 6th P.M., in Prowers County, Colorado.  The points of diversion for the Thurston Pipeline are located in/at the Thurston Reservoir. 3.1.8. Thurston Pipeline (WDID 6702500).  The point of diversion for the Thurston Pipeline is located at a point whence the section corner common to Sections 7 and 18, Township 21 South, Range 46 and Sections 12 and 13, Township 21 South, Range 47, all West of the 6th P.M., Prowers County, Colorado, bears North 0 degrees 41 minutes West a distance of 1680 feet.  There is an alternate point of diversion located at a point whence the S 1/4 corner of Section 18, Township 21 South, Range 46 West of the 6th P.M., Prowers County, Colorado, bears South 10 degrees East, 10 minutes East a distance of 2297 feet. 3.1.9. Pueblo Reservoir (WDID 1403526).  Pueblo Reservoir is located in all or portions of Sections 7, 18, 19, 20, 21, 22, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, and 36, Township 20 South, Range 66 West, Sections 1, 2, 3, 4, 5, 9, 10, and 11, Township 21 South, Range 66 West, and Sections 5, 8, 9, 13, 14, 15, 16, 22, 23, and 25, Township 20 South, Range 67 West of the 6th P.M., in Pueblo County, Colorado.  The dam for the reservoir is located in Sections 25 and 36 of Township 20 South, Range 66 West of the 6th P.M., and Section 1, Township 21 South, Range 66 West of the 6th P.M., in Pueblo County, Colorado. 3.1.10. John Martin Reservoir (WDID 6703512). John Martin Reservoir is located in all or portions of Sections 24, 25, 26, 27, 33, 34, 35, and 36, Township 22 South, Range 51 West, Sections 28, 29, 30, 31, 32, 33, 34, and 35, Township 22 South, Range 50 West, Sections 5, 6, 7, 8, 17, and 18, Township 23 South, Range 49 West, Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 19, 20, 21, and 30, Township 23 South, Range 50 West, Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 17, and 18, Township 23 South, Range 51 West of the 6th P.M., in Bent County, Colorado.  The dam for the reservoir is located in Sections 5, 8, and 17 of Township 23 South, Range 49 West of the 6th P.M., in Bent County, Colorado. 3.1.11. Neeskah Reservoir, also known as Nee Skah, Neeshaw, Nee Shaw, Great Plains, and/or Queens Reservoir (WDID 6703513).  Queens Reservoir is located in Township 20 South, Ranges 46 and 47 West of the 6th P.M. in Kiowa County, Colorado. 3.2 Direct flow water rights: The FLCC was originally decreed three direct flow water rights in the Adjudication of Priorities of Right to the Use of Water for Irrigation in Water District Number 17, dated April 8, 1905, in the District Court for Bent County, Colorado (the “District 17 Original Adjudication”). The first water right is for 164.64 cubic feet per second (“cfs”) with an appropriation date of April 15, 1884.  The second right is for 597.16 cfs with an appropriation date of March 1, 1887.  The third is for 171.20 cfs with an appropriation date of August 31, 1893.  These water rights total 933 cfs and are summarized in Table 1 below. Table 1 Fort Lyon Canal Company – Direct Flow Water Rights

3.3.  Storage rights (Horse Creek Reservoir and Adobe Creek Reservoir): The FLCC also owns several water rights to divert and store water in Horse Creek and Adobe Creek Reservoirs.  The FLCC may divert from both the Arkansas River (via the Fort Lyon Storage Canal) and from Horse Creek (via the Horse Creek Feeder Ditch, or Supply Canal) to store up to 28,000 acre-feet (“AF”) in the Horse Creek Reservoir.  The FLCC may divert from the Arkansas River (via the Fort Lyon Storage Canal) and Adobe Creek (via the Adobe Creek Feeder Ditch, or Supply Canal) to store up to 87,000 AF in Adobe Creek Reservoir.  These water rights were decreed by the District Court of Bent County, Colorado in the Matter of the Adjudication of Priorities of Right to the Use of Water for Domestic and Irrigation Purposes in Water District No. 17, Colorado, dated November 8, 1928 and are summarized in Table 2 below. Table 2 Storage Rights – Horse Creek Reservoir and Adobe Creek Reservoir

3.4. Storage rights (Thurston Reservoir (formerly known as Prince Reservoir) and Pipeline):  Additionally, the FLCC owns a right to store 1,515 AF of water in Thurston Reservoir via the Main Canal at up to 355.20 cfs.  The right was originally decreed for Prince Reservoir in the District 17 Original Adjudication, but was conditionally transferred to Thurston Reservoir in 1972 in Case No. W-27, Water Division 2, and made absolute in 1979 in Case No. 79CW085, Water Division 2.  The Thurston Pipeline, from Thurston Reservoir, was constructed to allow the FLCC to pump nontributary water back into the Main Canal.  The source of water for the Thurston Pipeline is Thurston Lake, whose water is accumulated from springs in said lake, seepage flowing into the lake, waste water from a canal of the FLCC, rainfall and waste water flowing into the lake from land of owners adjoining the lake. The right associated with this pipeline is for 25 cfs, was conditionally decreed in 1972 in Case No. W-27, and was made fully absolute in 2011 in Case No. 10CW069, Water Division 2.  These water rights are summarized in Table 3 below. Table 3 Storage Rights – Thruston Reservoir and Pipeline

3.5. Other water rights: In addition to its original direct flow and storage rights discussed above, the FLCC owns and/or operates several additional water rights and water supply agreements, summarized in Table 4 below. Table 4 Other Water Rights and Water Supply Agreements

4.  Historical use and detailed description of proposed change:  The 9,957 Irrigation Shares were used historically to irrigate approximately 6,400 acres on 33 parcels on five farms known as the Fish Hatchery Farm, the Big R Farm, the Dairy Farm, the Wertz Farms, and the Mathis Golden Farm (collectively, the “Five Farms”).  The Five Farms are shown on Exhibit F.  The historically irrigated acreage on the Five Farms is referred to collectively, herein, as the “Historically Irrigated Acreage.”  The Five Farms (and the Historically Irrigated Acreage) are located near the City of Las Animas in Bent County, Colorado, north of the Arkansas River and upstream of the John Martin Reservoir Dam. Utilities will implement a Collaborative Water Sharing Program on the Five Farms. To this end, Utilities and the owners and/or operators of the Five Farms have or will install center pivot sprinklers on the Five Farms and the parcel corners (or other irregularly shaped fields) will be dried up or irrigated with other sources of water.  Utilities is the owner of the Fish Hatchery Farm and all 759 FLCC shares historically used to irrigate the Fish Hatchery Farm.  Utilities will install center pivot sprinklers on the Fish Hatchery Farm and will continue to use the 482 Unchanged Shares for irrigation on the Fish Hatchery Farm.  Utilities seeks to change the type and place of use of its other 277 FLCC shares used historically to irrigate the Fish Hatchery Farm.  Utilities is not the owner of the Big R Farm, the Dairy Farm, the Wertz Farms, or the Mathis Golden Farm.  Utilities has entered into agreements with the owners of these farms, pursuant to which, the owners have installed center pivot sprinklers and Utilities has acquired the portion of the FLCC shares associated with the lands that will no longer be irrigated under the center pivot sprinklers.  The Big R Farm was historically irrigated with 1,963 FLCC shares.  Utilities seeks to change the type and place of use of 493 FLCC shares used historically to irrigate the Big R Farm.  The Dairy Farm was historically irrigated with 5,790 FLCC shares.  Utilities seeks to change the type and place of use of 1,667 FLCC shares used historically to irrigate the Dairy Farm.  The Wertz Farms were historically irrigated with 707 FLCC shares.  Utilities seeks to change the type and place of use of 293 FLCC shares used historically to irrigate the Wertz Farms.  The Mathis Golden Farm was historically irrigated with 465 FLCC shares.  Utilities seeks to change the type and place of use of 80 FLCC shares used historically to irrigate the Mathis Golden Farm.  No change in point of diversion is requested. 4.1. Change in type of use: The Subject Shares may be used, reused, successively used, and used to extinction by Utilities directly, after storage, and/or by exchange, using any structure now existing or hereafter constructed that is lawfully available for use by Utilities, for all beneficial uses, including without limitation municipal, industrial, domestic, agricultural, commercial, irrigation, stock watering, fire protection, recreation, in-reservoir fish and wildlife preservation and propagation, recharge of aquifers, replacement of historical return flows, replacement of depletions resulting from the use of water from other sources, as a source of water for relinquishment pursuant to C.R.S. § 37-90-137(9)(b), and all augmentation purposes (“Utilities’ New Uses”).  In addition to Utilities’ new uses, Utilities may lease the water attributable to the Subject Shares to irrigators in the Lower Arkansas Valley, as well as leaseback for environmental, recreational, and municipal uses.  Utilities may store water attributable to the Subject Shares in or exchange such water to the structures identified in Exhibit G, and any other point of storage or diversion now existing or hereafter constructed and available for use by Utilities.  Any such exchange will be made pursuant to existing or future administratively or judicially approved plans for substitution and exchange that allow for the exchange of water attributable to the Subject Shares.  The water attributable to the Subject Shares will be usable as Temporary Use Agreement Water under the decrees entered in Division 2 Case Nos. 05CW96, 07CW122, 16CW3056, 19CW3052 and 19CW3053 provided that Utilities complies with the applicable terms and conditions of those decrees. Similarly, the Subject Shares will be usable as Temporary Use Agreement Water under any future decree that authorizes the use of Temporary Use Agreement Waters, provided that Utilities complies with the applicable terms and conditions of those future decrees.  4.2. Change in place of use: The Subject Shares may be used for Utilities’ New Uses within Utilities’ service area as it exists now and as it may exist in the future, including any areas served by Utilities by extraterritorial agreement or other contract; for replacement of depletions on Fountain Creek accruing between the City of 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 Utilities for augmentation, sale, lease, or other uses allowed by law. 4.3. Use, reuse, and successive use to extinction: Provided that Utilities replaces the historical return flows in accordance with the decree to be entered in this case, Utilities will use, reuse, and successively use to extinction the fully consumable portion of water attributable to the Subject Shares. 4.4. Location of the historical use and diversion records: In accordance with § 37-92-302(2)(a), C.R.S., Exhibit F shows the approximate location of the Five Farms.  Exhibit H summarizes records of the actual diversions of the water rights owned or controlled by the FLCC described in paragraphs 3.1 through 3.5 above to the extent such records exist. 4.5. No change in point of diversion: Utilities does not seek any change in the point of diversion of the Subject Shares. 5. Future operations and replacement of historical return flows: Utilities will replace to the Arkansas River system in amounts, times, and locations necessary to prevent injury to Colorado water rights and violations of the Arkansas River Compact, the historical return flows associated with the Subject Shares.  Utilities will replace the historical return flows with water available to the Subject Shares or with any other fully consumable water available to Utilities for that purpose, including, but not limited to, those sources of fully consumable water shown in Exhibit I, which includes, but is not limited to, any sewered and non-sewered reusable return flows described in Case Nos. W-4376, 84CW202, 84CW203, 86CW118, 89CW36, 05CW96, 15CW3001, 15CW3002 and 16CW3056 (Water Div. 2).  To the extent that Utilities uses these other sources of water to replace lagged groundwater return flows, Utilities may retain and fully consume an equal amount of water attributable to the Subject Shares, subject to evaporation and transit losses as assessed by the Division Engineer. 5.1. Share delivery from FLCC rotation: Utilities shall continue to take delivery of direct flow water and storage water, including Winter Water Storage Program deliveries, associated with the Subject Shares in rotation in the same manner as other FLCC shareholders; provided that, when the FLCC is diverting water at a high flow rate, the FLCC may request that Utilities take delivery of its pro-ratadeliveries on a continuous basis and that this water will be accounted for as part of Utilities’ pro-rata deliveries. Utilities deliveries shall be in accord with the June 12, 2024, FLCC Board of Directors’ Approval. 5.2. Places of delivery: Utilities may take delivery of water attributable to the Subject Shares at the following locations, and upon such delivery, may store such water under the FLCC, deliver such water to the Arkansas River for subsequent exchange, or store such water in John Martin Reservoir (subject to the approval of the Arkansas River Compact Administration): 5.2.1. 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. 5.2.2. County Road 8 Augmentation Station: To be constructed generally in the NE1/4 of the NW1/4 of Section 5, T23S, R52W of the 6th P.M. in Bent County, CO. 5.2.3. 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.  UTM Coordinates: 666578m E, 4221815m N (GPS) in NAD 1983 UTM Zone 13N. 5.2.4. 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.  UTM Coordinates: 666870m E, 4219168m N (GPS) in NAD 1983 UTM Zone 13N. 5.2.5. 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. 5.2.6. Adobe Creek Reservoir (WDID 1703546): Located in portions of Sections 27, 28, 29, 32, 33, and 34 of T20S, R52W, and in portions of Sections 3, 4, 5, 6, 7, 8, 9, 17, and 18 of T21S, R52W of the 6th P.M., in Kiowa and Bent Counties, Colorado. UTM Coordinates for dam: 650655.6m E, 4233245.9m N (GPS) in NAD 1983 UTM Zone 13N. 5.2.7. 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. 5.2.8. Supplemental Delivery Locations: Any other location on the main stem of the Arkansas River or its tributaries at or above John Martin Dam and below the headgate of the FLCC Main Canal where the FLCC is capable of delivering water. 6. Revegetation and weed management: Utilities requests that the revegetation and noxious weed management procedures prescribed by the Bent County IGA and the Authorized Water Development Project Certification issued by Bent County for this change of water rights be incorporated into the decree to be entered in this case. 7. Names and addresses of owners or reputed owners of land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure, is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: 7.1. Fish Hatchery Farm: The City of Colorado Springs, acting by and through its enterprise, Colorado Springs Utilities, 121 South Tejon St., Colorado Springs, Colorado 80903. 7.2. Big R Farm: Big R. Properties, LLC., 100 Big R St., Pueblo, Colorado 81001. 7.3. Dairy Farm: NAF Dairy Manifold, LLC, c/o C&A Companies, 385 Inverness Parkway, Suite 140, Englewood, Colorado 80112 7.4. Wertz Farm: Caleb Wertz & Zaiden Wertz, 25093 County Rd. LL, McClave, Colorado 81057 7.5. Wertz Farm: Thaddeus Wertz & Sierra Wertz, 15030 US HWY 50, Las Animas, Colorado 81054. 7.6. Mathis Golden Farm: Mathis Golden Farm, LLC, 1820 Ghost Dance Cir., Castle Rock, Colorado 80108. 7.7. 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. 7.8. County Road 8 Augmentation Station: Big R. Properties, LLC., 100 Big R St., Pueblo, Colorado 81001. 7.9. Gageby Creek Farm 36 Augmentation Station: Arkansas River Farms, LLC, 1400 16^th Street, Suite 320, Denver, CO 80202; 7.10. Gageby Creek Farm 27 Augmentation Station: Arkansas River Farms, LLC, 1400 16^th Street, Suite 320, Denver, CO 80202; 7.11. Springs Utilities Gageby Creek Augmentation Station: Karney Land & Cattle, Inc., 34808 Road 17, Las Animas, Colorado 81054.7.12. Adobe Creek Reservoir: 7.12.1. U.S. Department of Interior, Bureau of Land Management, Colorado State Office, 2850 Youngfield St., Lakewood, CO 80215. 7.12.2. Colorado State Land Board, 1127 Sherman St., STE. 300, Denver, CO 80203. 7.12.3. Wyckoff Land & Cattle, 9990 Hwy. 96, Arlington, Colorado 81021. 7.12.4. Beverly D. Spady, 517 Belleview, La Junta, Colorado 81050. 7.12.5. CW Loveridge, 710 Vandehei Ave., Cheyenne, Wyoming 82009. 7.12.6. Elda E. Stavely, 200 Main St., Haswell, Colorado 81045. 7.12.7. VB Ballard/Southern Family LLC, 2001 North Madison, Hutchinson, Kansas 67502. 7.12.8. Leonard Ballard Schiff Trust & Ellen M. Schiff, P.O. Box 913, Hutchinson, Kansas 67504. 7.12.9. Jeris A. Danielson, 517 Belleview Ave., La Junta, Colorado 81050. 7.12.10. Michael Spady, 14265 Hwy. 50, Las Animas, Colorado 81054. 7.12.11. William R. Dunlap, 1002 N Lyon, Sanda Ana, California 92701. 7.12.12. J.B. Dean et al, c/o Mary Dean, 2 Westwood Rd., Santa Cruz, California 95060. 7.12.13. Bryan Borgus, 5659 S Scarlet Oak Ter., Homosassa Springs, Florida 34446. 7.12.14. Eldon Borgus, 203 Portageville Rd., Hunt, New York 14846 7.12.15. Mark R. Borgus, 970 Savage Rd., Churchville, New York 14428. 7.12.16. Craig R. Borgus, 337 6th Way, Interlachen, Florida 32148. 7.12.17. Todd Borgus, 67 Stone Hill Ln., North Ferris Burgh, Vermont 05473. 7.12.18. Glenda Chemelli, P.O. Box 418, Homosassa Springs, Florida 34447. 7.12.19. Charlotte Terrell et al, c/o Cheryl A. Griffith, 3506 Cardinal Dr. SW, Warren, Ohio 44481. 7.13. 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. 7.14. Horse Creek Reservoir: 7.14.1. U.S. Department of Interior, Bureau of Land Management, Colorado State Office, 2850 Youngfield St., Lakewood, CO 80215. 7.14.2. Colorado State Land Board, 1127 Sherman St., STE. 300, Denver, CO 80203. 7.14.3. Timberlake Grazing Association, P.O. Box 151 Cheraw, Colorado 81030. 7.14.4. Fort Lyon Canal Company, 750 Bent Ave., Las Animas, Colorado 81054. 7.14.5. Minnie Glasnapp et al, c/o John F. Knipp, 709 St. Andrews, Witchita, Kansas 67230 7.15. Adobe Creek Reservoir: Fort Lyon Canal Company, 750 Bent Ave., Las Animas, Colorado 81054. 7.16. Thurston Reservoir: Fort Lyon Canal Company, 750 Bent Ave., Las Animas, Colorado 81054. 7.17. Pueblo Reservoir: U.S. Department of Interior, Bureau of Reclamation, Great Plains Region, P.O. Box 36900, Billings, MT 59107-6900. 7.18. John Martin Reservoir: U.S. Army Corps of Engineers, Reservoir Manager, 29955 County Road 25.75, Hasty, Colorado 81044; Caddoa Sands LLC, 2010 Fox Mountain Point, Colorado Springs Colorado 80906. 7.19. Queens (Neeskah) Reservoir: 7.19.1. U.S. Department of Interior, Bureau of Land Management, Colorado State Office, 2850 Youngfield St., Lakewood, CO 80215. 7.19.2. Colorado Parks and Wildlife, 1313 Sherman St., 6^th Floor, Denver, Colorado 80203 7.19.3. Colorado State Land Board, 1127 Sherman St., STE. 300, Denver, CO 80203. 7.19.4. Ellenberger Limited Partnership LLLP, 36106 CR 11.5, Lamar, Colorado 81052. 7.19.5. Gagnon Family Limited Partnership, 325 Ivanhoe St., Denver, Colorado 80220. 7.19.6. Greg S. Spitzer, P.O. Box 246, Wiley, Colorado 81092. 7.19.7. Wootten Investments LTD, P.O. Box 1258, Lamar, Colorado 81052. 7.20. Lake Meredith: Lake Meredith Reservoir Company, 331 Main St., Ordway, Colorado 81063. 7.21. Lake Henry: Lake Henry Reservoir Company, 331 Main St., Ordway, 81063. 7.22. Haynes Creek Reservoir: 7.22.1. 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. 7.22.2. The City of Aurora, Colorado, acting by and through its Utility Enterprise, 15151 East Alameda Pkwy., Aurora, Colorado 80012. 7.22.3. The City of Colorado Springs, acting by and through its enterprise, Colorado Springs Utilities, 121 South Tejon St., Colorado Springs, Colorado 80903. 7.22.4. The City of Fountain Water, Wastewater, and Utility Enterprise, 116 South Main St., Fountain, Colorado 80817. 7.22.5. The Pueblo West Metropolitan District, 356 South McCulloch Blv., Pueblo West, Colorado 81007. 7.22.6. Southeastern Colorado Water Activity Enterprise, 31717 United Ave., Pueblo, Colorado 81001. 8. Significant water development activity:  Pursuant to § 37-92-302(3.5), Applicant shall give notice of the contents of this Application by mail within ten days after filing to the: 8.1. Bent County Board of County Commissioners, 725 Bent Ave., P.O. Box 350, Las Animas, CO 81054; 8.2. Las Animas School District, 1021 2^nd St., Las Animas, Colorado 81054; 8.3. Bent Conservation District, 760 Bent Ave., Las Animas, Colorado 81054; 8.4. Southeastern Colorado Water Conservancy District, 31717 United Ave., Pueblo, Colorado 81001. 8.5. Lower Arkansas Valley Water Conservancy District, 801 Swink Ave., Rocky Ford, Colorado 81067; and 8.6. The Secretary of the Fort Lyon Canal Company, 750 Bent Ave., Las Animas, CO 81054. WHEREFORE, the City of Colorado Springs, acting by and through its enterprise, Colorado Springs Utilities respectfully requests that the Court enter a decree approving this Application for Change of Water Rights and granting all such other and further relief, whether in law or in equity, as the Court may determine necessary of desirable.

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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 June 2025, (forms available at Clerk’s office or at www.coloradojudicial.gov, 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 13^th day of May 2025.

                                                                        /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: May 23, 2025

In the Kiowa County Press

^[1] Utilities is not changing any interest in these rights.