DISTRICT COURT, WATER DIVISION 1, COLORADO SEPTEMBER 2024 WATER RESUME PUBLICATION _________________________________________________________________ TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right applications, and certain amendments filed in the Office of the Water Clerk during the month of SEPTEMBER 2024 for each County affected. (This publication can be viewed in its entirety on the state court website at: www.coloradojudicial.gov) CASE NUMBER 2024CW3128 GENE W. DUNSTON, JR. AND MATTHEW W. DUNSTON, 1230 Scarsbrook Ct, Monument, CO, 80132-8487. Eric K Trout, McGeady Becher Cortese Williams, P.C., 450 E. 17th Avenue, Suite 400, Denver, CO, 80203. APPLICATION FOR AMENDMENT OF A PLAN FOR AUGMENTATION IN THE NONTRIBUTARY DENVER, ARAPAHOE, AND LARAMIE-FOX HILLS AQUIFERS AND THE NOT-NONTRIBUTARY DAWSON AQUIFER IN EL PASO COUNTY. Subject Property: A parcel totaling approximately 19.83 acres generally located in the NE1/4 of the NE1/4 of Section 25, Township 11 South, Rage 65 West of the 6th P.M., Lot 1 Thal Subdivision, also known as 5525 Hodgen Road, Colorado Springs, CO, 80908, as shown on Exhibit A (the "Subject Property"). Multi-Jurisdiction Consolidation: This application is being filed concurrently in Water Division 1 and Water Division 2. It is the Applicant's intention to consolidate both cases into Water Division 1 once the statutory objection period is completed. Lien Holder Certification: Applicants attest that there are no mortgage or lien holders, therefore no notice is required under C.R.S. § 37-92-302(2)(b). The deed for the Subject Property is attached as Exhibit B. Well Permits: There are two wells on the Subject Property as follows. Additional well permits will be applied for prior to construction of additional wells: Well Permit No. 49431-F is a nontributary Denver Aquifer well, which will continue operating under its existing permit. Well Permit No. 59967-F is a not-nontributary Dawson Aquifer well, which is augmented under the approved augmentation plan in Case No. 2000CW191, Div. 1 (Case No. 2000CW98, Div. 2). This well will be re-permitted under the amended plan for augmentation requested in this application. Source of Water Rights: The Dawson Aquifer is not-nontributary as defined in C.R.S. § 37-90-103(10.7), and the Denver, Arapahoe, and Laramie-Fox Hills aquifers are nontributary as defined in C.R.S. § 37-90-103(10.5). Decree for Which Amendment is Sought: Case No. 2000CW191, District Court, Water Division 1, and Case No. 200CW98, District Court, Water Division 2, decreed on April 26, 2002 (the "Original Decree"). Decreed Uses: All beneficial uses, including augmentation and exchange. Jurisdiction: The Court has jurisdiction over the subject matter of this application pursuant to C.R.S. §§ 37-90-137(6), 37-92-203(1), 37-92-302(2). Summary of Plan for Augmentation in the Original Decree (the "Original Aug Pan"): Groundwater to be Augmented: 3 acre-feet per year for 100 years of not-nontributary Dawson Aquifer groundwater. Water Rights to be Used for Augmentation: Return flows from the use of not-nontributary and nontributary groundwater and direct discharge of nontributary groundwater. Original Plan for Augmentation: The Dawson Aquifer groundwater will be used to serve up to three wells. The well(s) will serve an equine facility (1 acre-foot per year), and up to two (2) single-family residences for domestic use (1 acre-foot per year each, 2 acre-feet total). Summary of Amended Plan for Augmentation (the "Amended Aug Plan"): Groundwater to be Augmented: 5.6 acre-feet per year of not-nontributary Dawson Aquifer groundwater for 300 years. Water Rights to be Used for Augmentation: Return flows from the use of not-nontributary and nontributary groundwater and direct discharge of nontributary groundwater. Statement of Plan for Augmentation: The not-nontributary Dawson Aquifer groundwater will be used in up to seven (7) wells. Each well will provide up to 0.8 acre-feet per year for in-house use in one (1) single-family dwelling (0.3 acre-feet per year), outdoor irrigation of home lawn, garden, and pasture of 9,000 square-feet (0.45 acre-feet per year), watering of up to 4 large domestic animals (0.05 acre-feet per year), fire protection, and storage anywhere on the Subject Property. Applicants reserve the right to amend the amount and uses without amending the application or republishing the same. Sewage treatment for in-house use will be provided by non-evaporative septic systems. Return flow from in-house use will be approximately 90% of that use and return flow from irrigation use will be approximately 15% of that use. During pumping Applicants will replace actual depletions pursuant to C.R.S. § 37-90-137(9)(c.5). Depletions occur to the South Platte River stream system and return flows accrue to that stream system and are sufficient to replace actual depletions while the subject groundwater is being pumped. Applicants will reserve an equal amount of nontributary groundwater underlying the Subject Property to meet post-pumping augmentation requirements. The proposed Amended Aug Plan is intended to replace the Original Aug Plan in its entirety. Applicants request the Court approve the above requested amended augmentation plan, find that Applicants have complied with C.R.S. § 37-90-137(4) and water is legally available for withdrawal, find there will be no material injury to the owners of or persons entitled to use water under any vested water right or decreed conditional water right, and grant such other and further relief as is appropriate. 4 Pages. THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE OR BE FOREVER BARRED. YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or an amended application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, 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 NOVEMBER 2024 (forms available on www.courts.state.co.us or in the Clerk's office), and must be filed as an Original and include $192.00 filing fee. A copy of each Statement of Opposition must also be served upon the Applicant or Applicant's Attorney and an affidavit or certificate of such service of mailing shall be filed with the Water Clerk. Published in The Gazette October 24, 2024.