Image
Legal NoticePROMO 660 x 440 Government - Legal Justice Scales Gavel Law Books - iStock
(Kiowa County Press)

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 February 2026, 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.

------------------------------------------------------------------------------------------------------------

CASE NO. 2019CW3036; LOWER ARKANSAS WATER MANAGEMENT ASSOCIATION (“LAWMA”), c/o Roy Cue, Manager, P. O. Box 1161, Lamar, Colorado  81052 (Please address all pleadings and inquiries regarding this matter to Applicant’s attorneys:  Richard J. Mehren, Jennifer M. DiLalla, Molly K. Haug-Rengers, Adam C. Fisher, Moses, Wittemyer, Harrison and Woodruff, P.C., 2595 Canyon Blvd., Suite 240, Boulder, CO 80302, (303) 443-8782)

Corrected Second Amended Application for Change of Water Rights, Appropriative Rights of Exchange, And Addition of Augmentation and Replacement Supplies to Plan for Augmentation

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

2. Overview of application:  2.1 LAWMA:  LAWMA is a non-profit corporation organized for the purposes of replacing depletions caused by the pumping of its members' wells, as required by law, and providing water to its members directly or by means of augmentation and replacement for all manner and types of uses.  2.2 Complete and superseding amendment:  LAWMA filed the original application in this matter on June 3, 2019 (“original application”), and filed the first amended application on September 26, 2019. This Second Amended Application (“Application”) is a complete and superseding statement of LAWMA’s claims herein.  2.3 FLCC Shares:  LAWMA owns 7,487 shares of stock in the Fort Lyon Canal Company (“FLCC”), having acquired those shares from Arkansas River Farms, LLC (“ARF”), in 2017 and 2021.  The subject 7,487 shares are referred to collectively in this Application as the “FLCC Shares.”  In 2018, the City of Colorado Springs, acting through its enterprise, Colorado Springs Utilities (“Springs Utilities”), acquired 2,500 shares of LAWMA common stock from ARF (“Springs Utilities LAWMA Shares”), and LAWMA and Springs Utilities entered into a Water Sharing Agreement under which, as part of an alternative transfer method (“ATM”), LAWMA will use water available to 3,303 of the FLCC Shares (“ATM Shares”) to make an allocation to the Springs Utilities LAWMA Shares that will be shared by LAWMA and Springs Utilities consistent with the Water Sharing Agreement.  The ATM Shares are a subset of the FLCC Shares.  2.4 Purposes of Application:  By this Application, LAWMA seeks the following:  (i) changes in the decreed type, manner, and place of use of the water rights associated with the FLCC Shares so that water available to those water rights may be used for augmentation and replacement purposes within LAWMA’s various augmentation and replacement plans, with such use made directly, after storage, by exchange, and following recharge, and with one or more approved substitution(s) of dry-up and an approved process for the Court to approve future substitutions of dry-up following entry of the decree (“Comprehensive Change”); (ii) addition of the water rights changed by the Comprehensive Change to LAWMA’s plan for augmentation decreed on March 8, 2007, in Division 2 Case No. 02CW181 (“02CW181 Decree”) as a permanent source of augmentation and replacement supply; (iii) changes in the decreed type, manner, and place of use of the water rights associated with the ATM Shares, so that in addition to the changed uses under the Comprehensive Change, water available to those water rights may be used directly, by exchange, and after storage for all beneficial uses within Springs Utilities’ existing and future service area (“ATM-Limited Change”); and (iv) confirmation of appropriative rights of exchange, with consumptive use credit available to the FLCC Shares as the source of substitute supply.  In years that Springs Utilities takes delivery of water available under the Springs Utilities LAWMA Shares, Springs Utilities will seek to exchange the fully consumable water upstream into Springs Utilities’ municipal system or directly deliver the fully consumable water into Springs Utilities’ municipal system, including without limitation into the storage components of that system.  3. Water rights to be changed:  The water rights associated with the FLCC Shares are a pro-rata portion of those water rights owned or controlled by FLCC, including without limitation the water rights described in paragraphs 3.1 through 3.6 below (“FLCC Water Rights”). Under the Comprehensive Change, LAWMA seeks to change the water rights associated with the 7,487 FLCC Shares, which amount to 7.97% of the 93,989.4166 shares outstanding of the capital stock of the FLCC.  Under the ATM-Limited Change, LAWMA seeks an additional change in the water rights associated with the 3,303 ATM Shares, which amount to 3.51% of the outstanding capital stock of the FLCC.  The 3.51% interest represented by the ATM Shares is included within and is not in addition to the 7.97% interest represented by the FLCC Shares.  Ownership of the FLCC Shares is evidenced by the FLCC certificates identified on Exhibit A attached to the application, (All exhibits mentioned herein are incorporated by reference and may be inspected at the office of the clerk of this Court.) which certificates represent LAWMA’s pro-rata interest in the FLCC Water Rights and in the ditches, canals, other facilities for the delivery and use of water, and all other assets of the FLCC.  Springs Utilities does not own any of the FLCC Shares that are the subject of this Application.  The decreed locations of the structures associated with the FLCC Water Rights are described in paragraph 4 below and shown on Exhibits B-1, B-2 and B-3.  In accordance with C.R.S. § 37‑92‑302(2)(a), Exhibits B-1 and B-2 show the approximate locations of the lands historically irrigated with the FLCC Shares (“Historically Irrigated Lands”); and Exhibits C-1 through C-10 summarize records of actual diversions of each water right described in paragraphs 3.1 through 3.6 below, to the extent such records exist, and records of actual reservoir releases to the Fort Lyon Canal from Horse Creek Reservoir, Adobe Creek Reservoir, Queens Reservoir, and Thurston Reservoir for irrigation.  For all water rights described in paragraphs 3.1 through 3.6 below, the pro-rata interest represented by the ATM Shares is part of and not in addition to the pro-rata interest represented by the FLCC Shares.  3.1          Direct-flow water rights:  The direct-flow water rights decreed to the Fort Lyon Canal 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 (“District 17 General Adjudication”) and the pro-rata interest in those water rights being changed in this case are summarized in paragraphs 3.1.1 through 3.1.3 below.  3.1.1 164.64 cubic feet per second (“cfs”) from the Arkansas River with an appropriation date of April 15, 1884.  Pro-rata interest being changed in this case: 13.11 cfs (FLCC Shares); 5.78 cfs (ATM Shares).  3.1.2 597.16 cfs from the Arkansas River with an appropriation date of March 1, 1887.  Pro-rata interest being changed in this case:  47.57 cfs (FLCC Shares); 20.99 cfs (ATM Shares).  3.1.3 171.20 cfs from the Arkansas River with an appropriation date of August 31, 1893.  Pro-rata interest being changed in this case:  13.64 cfs (FLCC Shares); 6.01 cfs (ATM Shares).  3.2 Horse Creek Reservoir and Adobe Creek Reservoir:  Storage water rights were decreed to Horse Creek Reservoir and Adobe Creek Reservoir by the decree entered by the Bent County District Court in the Adjudication of Priorities of Right to the Use of Water for Domestic and Irrigation Purposes in Water District Number 17, Colorado, on February 3, 1927, as modified on November 8, 1928, and allow FLCC to divert from the Arkansas River (via the Fort Lyon Storage Canal) and Horse Creek (via the Horse Creek Feeder Ditch or Supply Canal) for storage in Horse Creek Reservoir, and to divert from the Arkansas River (via the Fort Lyon Storage Canal) and Adobe Creek (via the Adobe Creek Feeder Ditch or Supply Canal) for storage in Adobe Creek Reservoir.  The Horse Creek Reservoir and Adobe Creek Reservoir water rights and the pro-rata interest being changed in this case are summarized in Table 1 below.  Table 1 Storage Rights – Horse Creek Reservoir and Adobe Creek Reservoir


 

Water right

Amount, source, and 

appropriation date

Pro-rata interest being changed – FLCC Shares

Pro-rata interest being changed – ATM Shares

Horse Creek Reservoir – Original Construction

2,000 cfs – Horse Creek (Aug. 15, 1900)

840 cfs – Arkansas River (Jan. 25, 1906)

1,466 cfs - Arkansas River (Mar. 1, 1910)

Total volume:  11,400 acre-feet (“af”)

159.4 cfs        

66.95 cfs       

116.84 cfs

908.58 af

70.2 cfs

29.48 cfs

51.46 cfs

400.14 af

Horse Creek Reservoir

1st Enlargement

840 cfs – Arkansas River (Jan. 25, 1906)

5,000 cfs – Horse Creek (Dec. 20, 1907)

1,466 cfs – Arkansas River (Mar. 1, 1910)

Total volume:  15,487 af

66.95 cfs

398.5 cfs

116.84 cfs

1,234.31 af

29.48 cfs

175.5 cfs

51.46 cfs

543.59 af

Horse Creek Reservoir

2nd Enlargement

5,000 cfs – Horse Creek (June 12, 1908)

840 cfs – Arkansas River (June 12, 1908)

1,466 cfs – Arkansas River (Mar. 1, 1910)

Total volume:  1,113 af

398.5 cfs

66.95 cfs

116.84 cfs

88.71 af

175.5 cfs

29.48 cfs

51.46 cfs

39.07 af

Adobe Creek Reservoir

Original Construction

8,631 cfs  - Adobe Creek (Jan. 25, 1906)

840 cfs – Arkansas River (Jan. 25, 1906)

1,466 cfs - Arkansas River (Mar. 1, 1910)

Total volume:  61,575 af

687.89 cfs

66.95 cfs

116.84 cfs

4.907.53 af

302.95 cfs

29.48 cfs

51.46 cfs

2,161.28 af

Adobe Creek Reservoir

Enlargement

8,631 cfs – Adobe Creek (Dec. 29, 1908)

840 cfs – Arkansas River (Dec. 29, 1908)

1,466 cfs – Arkansas River (Mar. 1, 1910)

Total volume:  25,425 af

687.89 cfs

66.95 cfs

116.84 cfs

2,026.37 af

302.951 cfs

29.48 cfs

51.46 cfs

892.42 af

3.3 Thurston Reservoir, a/k/a Thurston Lake:  The storage water right decreed to Prince Reservoir in the District 17 Original Adjudication, with an appropriation date of August 12, 1889, was conditionally transferred to Thurston Reservoir by the decree entered on November 20, 1972, in Division 2 Case No. W‑27 (“W‑27 Decree”) and made absolute by the decree entered on January 11, 1980, in Division 2 Case No. 79CW085.  This water right is decreed for diversion from the Arkansas River via the Fort Lyon Canal at a rate of 355.2 cfs, for storage of up to 1,515 af.  Pro-rata interest being changed in this case:  28.31 cfs and 120.75 af (FLCC Shares); 12.47 cfs and 53.18 af (ATM Shares).  3.4 Thurston Pipeline:  A direct-flow water right was conditionally decreed to the Thurston Pipeline by the W-27 Decree, made partially absolute by the decree entered on March 4, 1986, in Case No. 83CW119, and made fully absolute by the decree entered on November 15, 2011, in Case No. 10CW069, all in Water Division No. 2.  Thurston Pipeline is decreed for diversion of 25 cfs from Thurston Reservoir into the Fort Lyon Canal, with an appropriation date of July 15, 1969.  The source of water is Thurston Lake, a/k/a Thurston Reservoir, with such water accumulated from springs in said lake, seepage flowing into the lake from all sides thereof, waste water from a canal of the FLCC, rainfall, and waste water flowing in the lake from land of owners adjoining the lake; said water is not tributary to any natural stream of the State of Colorado.  Pro-rata interest being changed in this case:  1.99 cfs (FLCC Shares); 0.88 cfs (ATM Shares).  3.5 Subsequent decrees:  The water rights described in paragraphs 3.1 through 3.4 above are the subject of the following subsequent decrees of this Court:  Table 2 Subsequent Decrees Affecting FLCC Water Rights

Case number and decree date

Effect

Amount

Source

Pro-rata interest being changed – FLCC Shares

Pro-rata interest being changed – ATM Shares

79CW160 (5/8/1987)

79CW161 (5/8/1987)

 

Allows use of John Martin Res. (“JMR”) as alternate place of storage for Horse Creek Res. and Adobe Creek Res. water rights and use of those rights in JMR for recreation and a permanent pool for fishery and wildlife 

5,000 af cumulative under 79CW160, 79CW161, and 80CW51 decrees

Arkansas River

398.5 af

175.5 af

79CW178 (9/1/1987)

Allows diversion of direct-flow water rights at Fort Lyon Storage Canal and storage of same in Horse Creek, Adobe Creek, and Neeskah (Queens) reservoirs

933 cfs

Arkansas River

 

74.36 cfs

 

32.75 cfs

84CW179 (11/10/1987)

Winter Water Storage Program

38,160 af of first 100,000 af; 38.16% of all over 103,106 af

Arkansas River

 

3,041.35 af of first 100,000 af; 3.04% of all over 103,106 af

 

1,339.42 af of first 100,000 af; 1.34% of all over 103,106 af

3.6  Additional water rights:  In addition to its direct-flow and storage water rights described in paragraphs 3.1 through 3.5 above, FLCC owns, controls, and/or operates the water rights and water supply agreements summarized in Table 3 below.  LAWMA does not seek to change the water rights associated with water that FLCC purchases on the spot market or obtains under the Fryingpan-Arkansas Project; however, LAWMA will use its pro-rata share of such water for all lawful purposes.  Table 3 FLCC - Other Water Rights and Water Supply Agreements

Water right

Case number (Water Div. 2 unless otherwise specified) and decree date

Amount and appropriation date (if applicable)

Source

Use

Pro-rata interest being changed – FLCC Shares

Pro-rata interest being changed – ATM Shares

FLCC’s interest in Great Plains Res. storage water right  

 

Decree of Feb. 3, 1927, Bent County Dist. Ct.; 80CW019 (8/16/1983; amended 1/20/1984 and 6/15/1987);

80CW51 (5/8/1987);

89CW076 (9/5/2000)

1,150 cfs (Aug. 1, 1896).

Total volume:  5,483 af

Arkansas River

Agricultural irrigation, either directly or after storage; when stored in JMR, use for recreation and a permanent pool for a fishery and wildlife 

 

 

91.66 cfs

437 af

 

 

40.37 cfs

192.45 af

JMR Exchange

90CW047 (9/5/2000; amended 10/18/2000)

Abs.: 544 cfs, 15,288.95 af; cond.: 606 cfs, 4,711.05 af 

(Apr. 24, 1980)

Arkansas River

Agricultural irrigation

 

Abs. 43.36 cfs, 1,218.53 af; cond. 48.3cfs, 375.47 af

 

None

FLCC JMR  Storage Account

JMR Operating Plan (adopted 4/24/1980; revised 5/10/1984, 12/11/1984, 2/11/2010) 

20,000 af

Arkansas River

Agricultural purposes

 

1,594 af

 

 

None

Fryingpan-Arkansas Project

 

Varies 

 

 

 

None

 

None

Water purchased on spot market

 

Varies

 

 

 

None

 

None

4. Decreed locations and UTM coordinates of points of diversion and locations of storage of FLCC Water Rights:  LAWMA does not seek any change in the points of diversion for the water rights represented by the FLCC Shares.  All UTM coordinates included in this Application are NAD 83, Zone 13; and all referenced counties are located in Colorado.  4.1 Fort Lyon Canal (WDID 1700553):  The decreed point of diversion is located in the NE1/4 of Section 32, T23S, R55W of the 6th P.M., in Otero County.  UTM 623873.7 E, 4207975.0 N.  The current physical point of diversion is located in the SW1/4 SE1/4 of Section 29, T23S, R55W of the 6th P.M., in Otero County.  UTM 623900.6 E, 4208019.1 N.  4.2 Fort Lyon Storage Canal (WDID 1700648):  A point in the county of Crowley, on the north bank of the Arkansas River, in the NW1/4 SE1/4 of Section 20, T22S, R57W of the 6th P.M., whence the northeast corner of said Section 20 bears north 34º 10' east 3,770 feet.  UTM 604443.0 E, 4219543.8 N.  4.3 Horse Creek Supply Canal (WDID 1700673): A point on the east bank of Horse Creek, on the line between Sections 6 and 7, T22S, R54W of the 6th P.M., whence the southeast corner of said Section 6 bears south 87º 4' east 1,972 feet.  UTM 631616.9 E, 4224394.0 N.  4.4 Horse Creek Reservoir (WDID 1703545):  In T21S and T22S, R53W and R54W of the 6th P.M.  UTM coordinates for dam:  640267.0 E, 4224384.0 N.  4.5 Adobe Creek Supply Canal (WDID 1700674):  On Adobe Creek, at a point in the NW1/4 of Section 26, T20S, R53W of the 6th P.M., in Kiowa County, whence the southeast corner of said Section 26 bears south 54º 52' east 5,013 feet.  UTM 647655.0 E, 4238959.0 N.  4.6 Adobe Creek Reservoir (WDID 1703546):  In T20S and T21S, R52W of the 6th P.M.  UTM coordinates for dam:  650655.6 E, 4233245.9 N.  4.7 Thurston Reservoir (WDID 6703882):  In Section 13, T21S, R47, and Section 18, T21S, R46, all west of the 6th P.M., Prowers County.   UTM 707708.0 E, 4233253.0 N.  4.8 Thurston Pipeline (WDID 6702500):  A point whence the section corner common to Sections 7 and 18, T21S, R46 and Sections 12 and 13, T21S, R47, all west of the 6th P.M., Prowers County, bears north 0º41' west a distance of 1,680 feet.  UTM 707247.6 E, 4234032.7 N.  4.9 Neeskah Reservoir (a/k/a Queens Reservoir)(WDID 6703513):  In T20S, R46W and R47W of the 6th P.M., Kiowa County.   UTM 706860.0 E, 4238570.0 N.  4.10 John Martin Reservoir (WDID 6703512):  The reservoir 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.  The dam is located in Sections 5, 8, and 17 of T23S, R49W of the 6th P.M., in Bent County.  UTM coordinates for dam:  680795.0 E, 4215646.0 N.  4.11 Winter Water Storage Program (“WWSP”) structures:  FLCC uses the following structures solely for operation of FLCC’s interest in the WWSP:  4.11.1 Colorado Canal (WDID 1700540):  On the north bank of the Arkansas River in the NE1/4 NE1/4 of Section 10, T21S, R62W, bearing S. 0º 58' W. 426 feet from the S.W. corner of Section 2, T21S, R62W; all of the 6th P.M., in Pueblo County.  UTM 560241.3 E, 4233243.3 N.  4.11.2 Lake Meredith Reservoir (WDID 1403525):  In Sections 15, 16, 20, 21, 22, 27, 28, 30, 31, 32, 33, T21S, R57W; Sections 25, 36, T21S, R57W; Section 6, T22S, R57W; Section 1 T21S, R57W; all of the 6th P.M., in Crowley County.  UTM 609899.2 E, 4222978.1 N.  4.11.3 Lake Henry Reservoir (WDID 1403524):  In Sections 31 and 32, T20S, R56W, and Sections 5 and 6, T21S, R56W; all of the 6th P.M.  UTM 612088.0 E, 4234275.1 N.  4.11.4 Holbrook Canal (WDID 1700554):  On the north bank of the Arkansas River in the NE1/4 of Section 24, T22S, R58W of the 6th P.M., in Otero County.  UTM 601202.8 E, 4220086.1 N.  4.11.5 Holbrook Reservoir No. 1(WDID 1703511):  In Sections 5, 6, 7, and 8, T23S, R55W; and in Sections 1 and 12, T23S, R56W; all of the 6th P.M., in Otero County.  UTM 622616.2 E, 4213416.8 N.  4.11.6 Dye Lake Reservoir (WDID 1703510):  In Sections 4 and 5, T23S, R56W; and in Sections 32 and 33, T22S, R56W; all of the 6th P.M., in Otero County.  UTM 614523.9 E, 4215331.6 N.  4.11.7 Pueblo Reservoir (WDID 1403526):  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.  Said reservoir inundates 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.  UTM coordinates for dam:  524076.0 E, 4235362.0 N.  The locations of the structures described in paragraphs 4.1 through 4.10 above are shown on Exhibits B-1 and B-2, and the locations of the WWSP structures described in paragraphs 4.11.1 through 4.11.7 above are shown on Exhibit B-35. Detailed description of Comprehensive Change:  LAWMA will quantify the historical consumptive use of the water rights associated with the FLCC Shares and will determine the amount, timing, and location of return flows resulting from the historical use of those water rights.  5.1 Comprehensive Change in type and means of use:  LAWMA seeks to change the water rights associated with the FLCC Shares, as those water rights are described in paragraphs 3.1 through 3.5 above, such that in addition to their currently decreed uses and currently decreed means of use, they may be used, reused, successively used, and used to extinction directly, after storage, by exchange, and following recharge for the new purposes described in paragraphs 5.1.1 through 5.1.6 below.  5.1.1 Augmentation or replacement of out-of-priority depletions to the Arkansas River or its tributaries caused by the “LAWMA Structures” included in LAWMA’s plan for augmentation decreed on March 8, 2007, in Case No. 02CW181, Water Division No. 2, as that plan for augmentation has been expanded and modified by the decrees entered in Case Nos. 05CW52, 08CW18, 10CW85, 10CW91, 12CW37, 13CW3004, 13CW3065, 14CW3004, 15CW3014, 15CW3067, 16CW3018, 17CW3000, 17CW3001, 17CW3035, 17CW3068, 20CW3001, 20CW3006, and 20CW3041, and as it may be expanded or modified in pending Case Nos. 17CW3069, 18CW3072, 19CW3087, 20CW3084, and 25CW3056, and in other future cases (“Augmentation Plan”);  5.1.2 Augmentation or replacement of out-of-priority depletions caused by the wells included in LAWMA’s annual Arkansas River Replacement Plan pursuant to Rule 14 of the Amended Rules and Regulations Governing the Diversion and Use of Tributary Ground Water in the Arkansas River Basin (“Rule 14 Plan”);  5.1.3 Replacement of historical seepage losses and/or return flows under any LAWMA-operated Compact Compliance Plan pursuant to Rule 10 of the Compact Rules Governing Improvements to Surface Water Irrigation Systems in the Arkansas River Basin in Colorado (“Rule 10 Plan”);  5.1.4 Replacement of historical return flows under the decree to be entered in this case, the decrees entered in Case Nos. 02CW181, 05CW52, 10CW85, 15CW3067, and 17CW3068 (“Previous LAWMA Change Decrees”), and any future change of water rights decree that LAWMA obtains in this Court (“Future LAWMA Change Decrees”). 5.1.5 Provided that LAWMA replaces historical return flows associated with the FLCC Shares as described in paragraph 7 below, LAWMA will fully consume and use, reuse, and successively use to extinction all water available to the FLCC Shares.  5.1.6 The new uses and new means of use described in paragraphs 5.1.1 through 5.1.5 above are referred to collectively in this Application as “LAWMA’s New Uses.”  LAWMA’s New Uses by exchange may be made under the appropriative rights of exchange claimed in paragraph 9 below, under subsequent decree(s) of this Court, and under administratively approved exchanges.  The LAWMA Structures included in the Augmentation Plan and the wells included in the Rule 14 Plan generally are used for irrigation; domestic and household purposes; commercial, municipal, and industrial purposes; generation of electric power and power generally; and fire protection, recreation, fish and wildlife preservation and propagation, agricultural uses, livestock watering, aquaculture, replacement of evaporation, maintenance of wetlands, and groundwater recharge.  5.2 Comprehensive Change in place of use:  LAWMA seeks to change the water rights associated with the FLCC Shares such that they may be put to LAWMA’s New Uses at the locations at which LAWMA delivers augmentation or replacement water to the Arkansas River or its tributaries as required by the Augmentation Plan, the Rule 14 Plan, any LAWMA-operated Rule 10 Plan, the Previous LAWMA Change Decrees, or the Future LAWMA Change Decrees.  5.3 Comprehensive Change in places of storage:  LAWMA seeks to change the water rights associated with the FLCC Shares such that water attributable to those shares may be stored in the locations described in paragraphs 5.3.1 through 5.3.27 below, including storage under the appropriative rights of exchange described in paragraph 9 below.  The recharge sites may be operated as both recharge pond augmentation stations and as storage vessels under this Application.  The approximate locations of the structures described in paragraphs 5.3.1 through 5.3.26 below are shown on Exhibits D-1 and D-2.  5.3.1 West Farm Gravel Pit Reservoir Complex (WDID 6706650) (“West Farm Gravel Pit”), located in the S1/2 SE1/4 of Section 28 and in the NE1/4 and the NE1/4 NW1/4 of Section 33, T22S, R46W of the 6th P.M., in Prowers County.  UTM 711697.4 E, 4219729.0 N.  5.3.2 Farm 110 Recharge Site (WDID 6704824), located in the NE1/4 SE1/4 of Section 11, T21S, R48W of the 6th P.M., in Bent County.  UTM 695662.5 E, 4234446.6 N.  5.3.3 Farm 114 Recharge Site (WDID 6704823), located in the NE1/4 NW1/4 of Section 11, T21S, R48W of the 6th P.M. in Bent County.  UTM 695084.4 E, 4235009.6 N.  5.3.4 Farm 63 Recharge Site (WDID 6704825), located in the NE1/4 SE1/4 of Section 10, T22S, R47W of the 6th P.M., in Prowers County.  UTM 704013.5 E, 4224976.0 N.  5.3.5 Farm 132/133 Recharge Site (WDID 6701005), located in the NW1/4 NW1/4 of Section 36, T22S, R50W of the 6th P.M., in Bent County.  UTM 678319.1 E, 4217322.9 N.  5.3.6 Farm 60 Recharge Site (WDID 1704820), located in the NW1/4 NW1/4 of Section 14, T23S, R54W of the 6th P.M., in Otero County.  UTM 637628.5 E, 4212801.7 N.  5.3.7 Farm 65 Recharge Site (WDID 6701009), located in the SW1/4 SE1/4 of Section 25, T22S, R49W of the 6th P.M., in Bent County.  UTM 687650.9 E, 4219293.4 N.  5.3.8 Farm 36 Recharge Site (WDID TBD), to be located in the SW1/4 of Section 14, T22S, R51W of the 6th P.M., in Bent County.  UTM 666388.7 E, 4222208 N.  5.3.9 Farm 53 Recharge Site (WDID TBD), to be located in the SE1/4 NE1/4 and the E1/2 SW1/4 of Section 27, and the NW1/4 of Section 34, all in T22S, R48W of the 6th P.M., in Bent County.  UTM 693822.7 E, 4219605.6 N.  5.3.10 Farm 25 Recharge Site (WDID TBD), to be located in the NW1/4, W1/2 NE1/4, and S1/2 of Section 11, T22S, R48W of the 6th P.M., in Bent County.  UTM 695462.2 E, 4224941.5 N.  5.3.11 Farm 39N Recharge Site(WDID TBD), to be located in the W1/2 of Section 12, T22S, R49W of the 6th P.M., in Bent County.  UTM 687071.1 E, 4224699 N.  5.3.12 Farms 1 and/or 27 Reservoir Site(s) (WDID TBD), to be located in Section 26, the NE1/4 of Section 35, and the NW1/4 of Section 25, T22S, R51W of the 6th P.M., in Bent County.  5.3.13 Farm 64 Reservoir Site (WDID TBD), to be located in the N1/2 of Section 32 and the W1/2 NW1/4 of Section 33, T22S, R48W of the 6th P.M., in Bent County.  5.3.14 Farm 53 and/or Coen Farm Reservoir Site(s) (WDID TBD), to be located in the SW1/4, the NE1/4, the S1/2 NW1/4, and the E1/2 SE1/4 of Section 27; and the W1/2 SW1/4 of Section 26; all of T22S, R51W of the 6th P.M., in Bent County.  5.3.15 Farms 25 and/or 37 Reservoir Site(s) (WDID TBD), to be located in the NE1/4 and E1/2 SE1/4 of Section 10, and in Section 11, T22S, R48W of the 6th P.M., in Bent County.  5.3.16 John Martin Reservoir:  Accounts available for storage of the FLCC Shares, including without limitation the Offset Account and the Multi-Purpose Account.  The location of John Martin Reservoir is described in paragraph 4.10 above.  5.3.17 Lake Meredith Reservoir, located as described in paragraph 4.11.2 above.  5.3.18 Adobe Creek Reservoir, located as described in paragraph 4.6 above.  5.3.19 Horse Creek Reservoir, located as described in paragraph 4.4 above.  5.3.20 Dawn Pond(WDID 1703508), located in the SE1/4 NW1/4, SW1/4 NW1/4, and NW1/4 SE1/4 of Section 35, T22S, R53W of the 6th P.M., in Bent County.  UTM 647614.5 E, 4217362.6 N.  5.3.21 Dingwall Ditch Regulating Reservoir(WDID 6703536), located in the E1/2 SE1/4 of Section 28, T22S, R49W of the 6th P.M., in Bent County.  UTM 687216.5 E, 4226479 N.  5.3.22 Gerald Verhoeff Reservoir (WDID 6703599), located in the W1/2 NW1/4 of Section 27 and the SE1/4 NE1/4 of Section 28, T22S, R49W of the 6th P.M., in Bent County.  UTM 683776.4 E, 4219942.5 N.  5.3.23 Reyher Reservoir No. 4 (WDID 6703740), located in the NE1/4 SE1/4 of Section 14, T22S, R49W of the 6th P.M., in Prowers County.  UTM 686630.6 E, 4222869.0 N.  5.3.24 Fish Hatchery Storage Facility (a/k/a Dusk Pond) (WDID TBD):  To be constructed in all or portions of Sections 23, 24, 25, and 26 of T22S, R53W of the 6th P.M., in Bent County.  UTM 648384.5 E, 4219784.5 N.  5.3.25 Lamar Canal storage:  Any reservoir that can be filled from the Lamar Canal and is available for LAWMA’s use.  The headgate of the Lamar Canal (WDID 6700614) is located on the south bank of the Arkansas River in the NE1/4 SW1/4 of Section 25, T22S, R47W of the 6th P.M., in Prowers County.  UTM 706553.5 E, 4220139.5 N.  5.3.26 4T Ranch Reservoir (WDID TBD):  To be constructed in the N1/2 of Section 1 and/or the E1/2 and the E1/2 W1/2 of Section 2, T23S, R53W of the 6th P.M., in Prowers County.  UTM 647697 E, 4215874 N; and/or 648673 E, 4216221 N.  5.3.27 C.R.S. § 37-87-101(3)(a):  Any reservoir that is located on the Fort Lyon Canal system, is available for LAWMA’s use, and meets the requirements of C.R.S. § 37-87-101(3).  6. Detailed Description of ATM-Limited Change:  6.1 ATM-Limited Change in type of use:  LAWMA seeks to change the water rights associated with the ATM Shares such that they may be used, reused, successively used, and used to extinction by Springs Utilities directly, after storage, and/or by exchange, using any structure now existing or hereafter constructed that is lawfully available for use by Springs 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, exchange purposes, 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 (“Springs Utilities’ New Uses”).  Springs Utilities’ New Uses under the ATM-Limited Change are in addition to and not in place of the New Uses under the Comprehensive Change.  Springs Utilities may store water attributable to the ATM Shares in or exchange such water to the structures identified in Exhibit E, and any other point of storage or diversion now existing or hereafter constructed and available for use by Springs Utilities.  Any such exchange will be made under the decrees entered in Division 2 Case Nos. 05CW96, 07CW122, 16CW3056, 19CW3052, and 19CW3053, and the decree pending in Division 2 Case No. 21CW3015, or under future administratively or judicially approved plans for substitution and exchange.  The ATM Shares also will be used as “Temporary Use Agreement Water” under any future decree that authorizes the use of such water, in compliance with the applicable terms and conditions of such decree.  6.2 ATM-Limited Change in place of use:  LAWMA seeks to change the water rights associated with the ATM Shares such that they may be used for Springs Utilities’ New Uses within Springs Utilities’ service area as it exists now and as it may exist in the future, including any areas served by Springs 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 Springs Utilities for augmentation, sale, or lease, and for such other uses as may be allowed by law.  Springs Utilities’ current service area is located as shown on Exhibit F.  The new place of use under the ATM-Limited Change is in addition to and not in place of the new places of use under the Comprehensive Change, as described in paragraph 5.2 above.  7. Replacement of historical return flows:  LAWMA will replace to the Arkansas River system, in the amounts, times, and locations necessary to prevent injury to Colorado water rights and violation of the Arkansas River Compact, the historical return flows associated with the FLCC Shares.  LAWMA will replace the historical return flows with water available to the FLCC Shares or with the following fully consumable water supplies:  7.1 Springs Utilities supplies:  7.1.1 Supplies owned or controlled by Springs Utilities and released from Lake Meredith.  7.1.2 Supplies owned or controlled by Springs Utilities and delivered in the Arkansas River.  7.2 17CW3068 consumptive use credit:  Historical consumptive use credit attributable to LAWMA’s Fort Bent Ditch water rights changed in Case No. 17CW3068, with such use made both directly and after storage in the West Farm Gravel Pit.  7.3 15CW3067 consumptive use credit:  Historical consumptive use credit attributable to LAWMA’s Lamar Canal water rights (both Lamar Canal Company and Granada Irrigation Company interests) changed in Case No. 15CW3067, with such use made both directly and after storage in the West Farm Gravel Pit.  7.4 West Farm Gravel Pit:  Supplies owned or controlled by LAWMA and released from the West Farm Gravel Pit.  7.5 Future-added supplies:  LAWMA may add new return flow replacement supplies to its operations hereunder by filing a new application in this Court, with notice as required by law, and obtaining a decree authorizing such addition on a permanent basis; or by obtaining an administratively approved substitute water supply plan authorizing such addition on a temporary basis.  8. Substitution of dry-up parcels:  LAWMA seeks a decreed process by which, under the change of water rights claimed herein, LAWMA may petition the Court for approval of dry-up of lands irrigated with the FLCC Water Rights other than the Historically Irrigated Lands shown on Exhibits B-1 and B-2 (“Substitution of Dry-Up”).  The purpose of the Substitution of Dry-Up is to produce more desirable agricultural, environmental, or other conditions under the Fort Lyon Canal without injury to vested water rights or decreed conditional water rights and without loss of yield to the FLCC Shares.  LAWMA seeks to include in the decree in this matter an existing Substitution of Dry-Up that has been operating since 2021 under an approved Substitute Water Supply Plan for the Wertz Farm, and any other Substitution of Dry-Up that may be operated under the Fort Lyon Canal while this application is pending before the Water Court; and further seeks a process by which the Court may approve future Substitutions of Dry-Up post-decree.  9. Appropriative rights of exchange:  9.1 Exchange-from points:  9.1.1 Confluence of Horse Creek and Arkansas River, located in the SE1/4 SW1/4 of Section 2, T23S, R53W of the 6th P.M. UTM 647337.7 E, 4214948.4 N.  9.1.2 Confluence of Adobe Creek and Arkansas River, located in the SE1/4 NW1/4 of Section 6, T23S, R52W of the 6th P.M. UTM 650736.6 E, 4215843.5 N.  9.1.3 Confluence of Gageby Creek and Arkansas River, located in the NE1/4 SW1/4 of Section 36, T22S, R51W of the 6th P.M. UTM 668388.3 E, 4217772.2 N.  9.1.4 John Martin Reservoir, located as described in paragraph 4.10 above.  9.1.5 Confluence of East Prowers Arroyo (or bypass channel) and Arkansas River, located in the SW1/4 SE1/4 of Section 35, T22S, R49W of the 6th P.M. UTM 686177 E, 4217539 N.  9.1.6 Limestone Creek Augmentation Station (WDID 6701004) outfall to Limestone Creek, located in the NE1/4 NE1/4 of Section 23, T22, R49W of the 6th P.M.  UTM 686641 E, 4222217 N.  9.1.7 Confluence of Limestone Creek and Arkansas River, located in the NW1/4 NE1/4 of Section 1, T23S, R49W of the 6th P.M. UTM 687922.7 E, 4217364.3 N.  9.1.8 Confluence of McClave Drainage Ditch and Arkansas River, located in the SE1/4 SE1/4 of Section 32, T22S, R48W of the 6th P.M. UTM 691396.4 E, 4217875.6 N.  9.1.9 Confluence of Graveyard Creek and Arkansas River, located in the SW1/4 NE1/4 of Section 34, T22S, R48W of the 6th P.M. UTM 694020.4 E, 4218548.1 N.  9.1.10 Confluence of Riverview Drain and Arkansas River, located in the NE1/4 NW1/4 of Section 31, T22S, R47W of the 6th P.M. UTM 698653 E, 4219222.3 N.  9.1.11 Confluence of Wiley Drain and Arkansas River, located in the NE1/4 NW1/4 of Section 31, T22S, R47W of the 6th P.M. UTM 698653 E, 4219222.3 N.  9.1.12 West Farm Gravel Pit outfall to Arkansas River, located in the NW1/4 SE1/4 of Section 29, T22S, R46W of the 6th P.M. UTM 710102 E, 4220263.7 N.  9.1.13 Confluence of the Hyde Canal Return Gate and Arkansas River, located in the NW1/4 NW1/4 of Section 27, T22S, R46W of the 6th P.M. UTM 712506 E, 4221052.3 N.  9.2 Exchange-to points:  9.2.1 Headgate of the Colorado Canal, as described in paragraph 4.11.1 above, for delivery to Lake Meredith.  9.2.2 Headgate of the Fort Lyon Storage Canal, as described in paragraph 4.2 above.  9.2.3 Headgate of the Fort Lyon Canal, as described in paragraph 4.1 above.  9.2.4 Dawn Pond, as described in paragraph 5.3.20 above.  Water exchanged into Dawn Pond will first be exchanged to the confluence of Adobe Creek and the Arkansas River, as described in paragraph 9.1.2 above, and thence up Adobe Creek to the exchange-to point.  9.2.5 Fish Hatchery Storage Facility, as described in paragraph 5.3.24 above.  Water exchanged into Fish Hatchery Storage Facility will first be exchanged to the confluence of Adobe Creek and the Arkansas River, as described in paragraph 9.1.2 above, and thence up Adobe Creek to the exchange-to point.  9.2.6 John Martin Reservoir, as described in paragraph 4.10 above.  9.2.7 Reyher Reservoir No. 4, as described in paragraph 5.3.23 above.  Water exchanged into Reyher Reservoir No. 4 will first be exchanged to the confluence of Limestone Creek and the Arkansas River, as described in paragraph 9.1.7 above, and thence up Limestone Creek to the exchange-to point.  9.2.8 Dingwall Ditch Regulating Reservoir, as described in paragraph 5.3.21 above.  Water exchanged into Dingwall Ditch Regulating Reservoir will first be exchanged to the confluence of East Prowers Arroyo and the Arkansas River, located in the SW1/4 SE1/4 of Section 35, T22S, R49W of the 6th P.M. (UTM 686177 E, 4217539 N), and thence up East Prowers Arroyo to the exchange-to point.  9.2.9 Gerald Verhoeff Reservoir, as described in paragraph 5.3.22 above.  Water exchanged into Gerald Verhoeff Reservoir will first be exchanged to the confluence of East Prowers Arroyo and the Arkansas River, as described in paragraph 9.2.8 above, and thence up East Prowers Arroyo to the exchange-to point.  9.2.10 Headgate of Lamar Canal (WDID 6700614), located as described in paragraph 5.3.25 above.  9.2.11 4T Ranch point of re-diversion, located as described in paragraph 13.2.3 below.  9.3 Exchange reaches:  The exchanges will operate from a downstream-most point at the confluence of the Hyde Canal Return Gate and the Arkansas River, as described in paragraph 9.1.13 above, to an upstream-most point at the Colorado Canal headgate, as described in paragraph 4.11.1 above.  The locations of the exchange-to and exchange-from points described in paragraphs 9.1 and 9.2 above are shown on the map attached as Exhibit G.  The individual exchange reaches are shown in the Exchange Matrix attached as Exhibit H.  9.4 Source of substitute supply:  Fully consumable water attributable to the FLCC Shares.  9.5 Structures:  LAWMA will measure and deliver the substitute supply to the exchange-from points through or by release from the following structures.  The locations of those structures not previously identified in this Application are shown on the map attached as Exhibit I.  9.5.1 All structures described in paragraphs 5.3.1 through 5.3.27 above.  9.5.2 Horse Creek Augmentation Station (WDID 1701000), located in the SW1/4 NE1/4 of Section 33, T22S, R53W of the 6th P.M.  UTM 644666 E, 4217308 N.  9.5.3 Gageby Creek Farm 36 Augmentation Station (a/k/a Upper Gageby Augmentation Station) (WDID 6701006), located in the NW1/4 SE1/4 of Section 26, T22S, R51W of the 6th P.M. UTM 666870 E, 4219168 N.  9.5.4 Gageby Creek Farm 27 Augmentation Station (a/k/a Lower Gageby Augmentation Station) (WDID 6701002), located in the SE1/4 SW1/4 of Section 14, T22S, R51W of the 6th P.M.  UTM 666578 E, 4221815 N.  9.5.5 Hasty Gate 145 Augmentation Station (a/k/a Hasty Augmentation Station) (a/k/a Farm 132/133 Augmentation Station) (WDID 6701005), located in the SW1/4 SE1/4 of Section 36, T22S, R50W of the 6th P.M.  UTM 678283 E, 4217242 N.  9.5.6 East Prowers Arroyo Augmentation Station (WDID TBD), to be located in the NE1/4 NW1/4 of Section 3, T23S, R49W of the 6th P.M.  9.5.7 Limestone Creek Augmentation Station (WDID 6701004), located in the NE1/4 NE1/4 of Section 23, T22, R49W of the 6th P.M.  UTM 686641 E, 4222217 N.  9.5.8 McClave Lateral Augmentation Station (WDID 6701009), located in the NE1/4 NE1/4 of Section 32, T22S, R48W of the 6th P.M.  UTM 691445 E, 4219088 N.  9.5.9 Graveyard Creek Augmentation Station (WDID 6701001), located in the NW1/4 SW1/4 of Section 27, T22S, R48W of the 6th P.M. UTM 693541 E, 4219608 N.  9.5.10 Riverview Drain Augmentation Station (WDID 6701000), located in the NW1/4 NW1/4 of Section 17, T22S, R46W of the 6th P.M.  UTM 709380 E, 4224354 N.  9.5.11 Wheatridge Augmentation Station (WDID 6701011), located in the NW1/4 NW1/4 of Section 17, T22S, R46W of the 6th P.M.  UTM 709380 E, 4224354 N.  9.5.12 Fish Hatchery Augmentation Station (WDID TBD), to be located in all or portions of Sections 23, 24, 25 and 26, T22S, R53W of the 6th P.M.  9.5.13 County Road 8 (Big R Farm) Augmentation Station (WDID TBD), to be located in the NE1/4 NW1/4 of Section 5, T23S, R52W of the 6th P.M.  9.5.14 Springs Utilities Gageby Creek (FLCC Wasteway) Augmentation Station (WDID TBD), to be located in the NW1/4 SW1/4 of Section 1, T22S, R51W of the 6th P.M.  9.5.15 LAWMA Farm 39N Augmentation Station(WDID TBD), to be located in the NW1/4 of Section 12, T22S, R49W of the 6th P.M.  9.6 Appropriation date:  January 16, 2026.  9.7 How appropriation was initiated:  By LAWMA’s filing of this Application.  9.8 Amount claimed:  The claimed rates for each exchange are shown in the Exchange Matrix attached as Exhibit H.  All exchanges are claimed as conditional.  9.9 Use of exchanged water:  LAWMA’s New Uses described in paragraph 5.1 above.  10. FLCC approvals:  As required by the FLCC’s Bylaws, LAWMA applied to the FLCC Board of Directors (“FLCC Board”) for approval of LAWMA’s proposed changes of use of the FLCC Shares and additional changes of use of the ATM Shares.  With respect to the Comprehensive Change, the FLCC Board issued its Amended Decision on December 20, 2016 (“2016 FLCC Approval”), approving the proposed changes of use and authorizing LAWMA’s filing of the original application on the terms and conditions given in that decision.  With respect to the ATM-Limited Change, the FLCC Board issued its Decision on November 14, 2018 (“2018 FLCC Approval”), approving the additional proposed changes of use and authorizing LAWMA’s filing of the original application on the terms and conditions given in that decision.  With respect to the Comprehensive Change, the FLCC Board issued its Decision on December 10, 2025 (“2025 FLCC Approval”), authorizing the filing of this Application.  A copy of the 2016 FLCC Approval is attached as Exhibit J, a copy of the 2018 FLCC Approval is attached as Exhibit K, and a copy of the 2025 FLCC Approval is attached asExhibit L.  In each FLCC approval, the FLCC Board reserved the right to participate in this case as an objector, consistent with the approvals.  11. Revegetation terms and conditions of Bent County 1041 Permit:  In compliance with the Bent County 1041 Permit issued to LAWMA and ARF on April 11, 2018, nunc pro tunc April 3, 2018, LAWMA requests that the revegetation terms and conditions included in Exhibit C to that permit, as such terms and conditions may be amended, be incorporated into any decree entered in this case.  Exhibit C to the Bent County 1041 Permit is attached as Exhibit M12. Addition of FLCC Shares to Augmentation Plan:  Paragraph 41.A of the 02CW181 Decree provides that LAWMA may add permanent sources of augmentation and replacement water to the Augmentation Plan by filing an application with this Court.  By this Application, LAWMA seeks to add the FLCC Shares to the Augmentation Plan as a permanent source of augmentation and replacement water.  13. Augmentation stations and point of re-diversion:  13.1 Augmentation stations:  The map attached as Exhibit I identifies the augmentation stations that LAWMA will use to measure water delivered to the FLCC Shares for return to the river and shows the approximate location of those augmentation stations.  LAWMA may develop other augmentation stations for that purpose and seeks approval of a post-decree process to add such new augmentation stations, including both traditional augmentation stations and recharge pond augmentation stations, under the decree to be entered in this case.  13.2 Points of re-diversion:  13.2.1 Following measurement and delivery of water to the May Valley Drain through the Wheat Ridge Lateral Augmentation Station, LAWMA may re-divert such water at a point to be located within the reach identified as the “May Valley re-diversion reach” on Exhibit D-2.  Following re-diversion, LAWMA will deliver the water by ditch or pipeline to one or more of the storage structures identified in this Application or to the Arkansas River.  13.2.2 Following measurement and delivery of water to the Arkansas River, LAWMA may re-divert that water at a point to be located within the reach identified as the “West Farm Gravel Pit re-diversion reach” on Exhibit D-2.  Following re-diversion, LAWMA will deliver the water by ditch or pipeline to one or more of the storage structures identified in this Application.  13.2.3 Following measurement and delivery of water to the Arkansas River, LAWMA may re-divert that water at a point to be located within the reach identified as the “4T Ranch re-diversion reach” on Exhibit D-1.  Following re-diversion, LAWMA will deliver the water by ditch or pipeline to one or more of the storage structures identified in this Application.  14. 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:  14.1 West Farm Gravel Pit:  GP Aggregates, LLC, c/o Karl Nyquist, 385 Inverness Parkway, Suite 140, Englewood, CO 80112.  14.2 West Farm Gravel Pit point of re-diversion:  GP Aggregates, LLC;  385 Inverness Parkway, Suite 140, Englewood, CO 80112; Toni States, 9159 State Highway 196, Lamar, CO 81052.  14.3 Horse Creek Reservoir:  U.S. Department of Interior, Bureau of Land Management, Colorado State Office, 2850 Youngfield St., Lakewood, CO 80215 (“BLM Colorado”); Colorado State Land Board, 1127 Sherman St., Ste. 300, Denver, CO 80203; Timberlake Grazing Association, P.O. Box 151, Cheraw, CO 81030; FLCC, 750 Bent Ave., Las Animas, CO 81054; Minnie Glasnapp et al., c/o John F. Knipp, 709 St. Andrews, Wichita, KS 67230.  14.4 Adobe Creek Reservoir:  BLM Colorado; Colorado State Land Board; Wyckoff Land & Cattle, 9990 Hwy. 96, Arlington, CO 81021; Beverly D. Spady, 517 Belleview, La Junta, CO 81050; CW Loveridge, 710 Vandehei Ave., Cheyenne, WY 82009; Elda E. Stavely, 200 Main St., Haswell, CO 81045; VB Ballard / Southern Family LLC, 2001 North Madison, Hutchinson, KS 67502; Leonard Ballard Schiff Trust & Ellen M. Schiff, P.O. Box 913, Hutchinson, KS 67504; Jeris A. Danielson, 517 Belleview Ave., La Junta, CO 81050; Michael Spady, 14265 Hwy. 50, Las Animas, CO 81054; William R. Dunlap, 1002 N Lyon, Santa Ana, CA 92701; J. B. Dean et al., c/o Mary Dean, 2 Westwood Rd., Santa Cruz, CA 95060; Bryan Borgus, 5659 S Scarlet Oak Ter., Homosassa Springs, FL 34446; Eldon Borgus, 203 Portageville Rd., Hunt, NY 14846; Mark R. Borgus, 970 Savage Rd., Churchville, NY 14428; Craig R. Borgus, 337 6th Way, Interlachen, FL 32148; Todd Borgus, 67 Stone Hill Ln., North Ferrisburgh, VT 05473; Glenda Chemelli, P.O. Box 418, Homosassa Springs, FL 34447; Charlotte Terrell et al., c/o Cheryl A. Griffith, 3506 Cardinal Dr. SW, Warren, OH 44481.  14.5 Thurston Reservoir:  FLCC, 750 Bent Ave., Las Animas, CO 81054.  14.6 Neeskah (Queens) Reservoir:  BLM Colorado; Colorado Parks and Wildlife, 1313 Sherman St., 6th Floor, Denver, CO 80203; Colorado State Land Board; Ellenberger Limited Partnership LLLP, 36106 CR 11.5, Lamar, CO 81052; Gagnon Family Limited Partnership, 325 Ivanhoe St., Denver, CO 80220; Greg S. Spitzer, P.O. Box 246, Wiley, CO 81092; Wootten Investments LTD, P.O. Box 1258, Lamar, CO 81052.  14.7 Pueblo Reservoir:  U.S. Department of Interior, Bureau of Reclamation, Great Plains Region, P.O. Box 36900, Billings, MT 59107-6900.  14.8 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.  14.9 Recharge Sites described in paragraphs 5.3.2 through 5.3.11:  ARF, 1400 16th St., Suite 320, Denver, CO 80202.  14.10 Dawn Pond:  AV Farms, LP, 385 Inverness Parkway, Suite 140, Englewood, CO 80112; DiRezza Limited Family Partnership, 4815 State Highway 194, Las Animas, CO 81054; Pearson Farm, 6081 Sunset Drive, Guymon, OK 73942.  14.11 Dingwall Ditch Regulating Reservoir:  Lance O. and Norma J. Verhoeff, 130 P.O. Box, Hasty, CO 81044.  14.12 Gerald Verhoeff Reservoir:  Lance O. and Norma J. Verhoeff.  14.13 Reyher Reservoir No. 4:  Robert George and Mary Katheryn Reyher (“Reyhers”), 230 State Highway 196, McClave, CO 81057.  14.14 Fish Hatchery Storage Facility:  Springs Utilities, 121 South Tejon Street, Colorado Springs, CO 80903.  14.15 Fish Hatchery Augmentation Station:  Springs Utilities.  14.16 County Road 8 (Big R Farm) Augmentation Station:  Big R Properties, LLC, 100 Big R Street, Pueblo, CO 81001.  14.17 Springs Utilities Gageby Creek (FLCC Wasteway) Augmentation Station:  Karney Land & Cattle, Inc., 34808 Road 17, Las Animas, CO 81054.  14.18 Haynes Creek Reservoir:  Steven L. Fossel, 708 Soda Creek Dr., Evergreen, CO 80439; Glenda L. Wright, 1521 State Hwy. 209, Boone, CO 81025-9735; Timothy J. Sigler and Vestal V. Sigler, 2660 Nepesta Rd, Fowler, CO 81039-9619.  14.19 Lake Henry:  Lake Henry Reservoir Company, 331 Main St., Ordway, CO 81063.  14.20 Lake Meredith:  Lake Meredith Reservoir Company, P.O. Box 8, Ordway, CO 81063.  14.21 Structures identified on Exhibit I:  ARF, except for the Limestone Creek Augmentation Station (NAF Property Holdings, LLC, 385 Inverness Parkway Ste. 140, Englewood, CO 80112); and the Horse Creek Augmentation Station (DiRezza Limited Family Partnership).  14.22 Farm 1 and 27 Reservoir Site;  Farm 64 Reservoir Site; Farm 53 and Coen Farm Reservoir Site; Farm 25 and 37 Reservoir Site:  ARF.  14.23 May Valley Drain point of re-diversion:  Wendi J. Jenkins-Rider et al., 11301 County Road RR, Lamar, CO, 81052; Toni States.  14.24 4T Ranch point of re-diversion and 4T Ranch Reservoir:  AV Farms, LP.  14.25 LAWMA East Prowers Arroyo Augmentation Station:  Verhoeff Farms Inc., 130 PO Box, Hasty, CO 81044.  14.26 LAWMA Farm 39N Augmentation Station:  The Reyhers.  15. Significant water development activity:  In compliance with C.R.S. § 37-92-302(3.5), within ten days after filing, LAWMA shall give notice of the contents of this Application by mail to the following:  15.1 Bent County Board of County Commissioners, 725 Bent Ave., P.O. Box 350, Las Animas, CO 81054.  15.2 Las Animas School District No. RE-1, 1021 2nd St., Las Animas, CO 81054.  15.3 Bent Conservation District, 760 Bent Ave., Las Animas, CO 81054.  15.4 Southeastern Colorado Water Conservancy District, 31717 United Ave., Pueblo, CO 81001.  15.5 Lower Arkansas Valley Water Conservancy District, 801 Swink Ave., Rocky Ford, CO 81067.  15.6 Secretary of the Fort Lyon Canal Company, 750 Bent Ave., Las Animas, CO 81054.  15.7 Otero County Board of County Commissioners, Otero County Courthouse, 13 W. 3rd St., Room 212, La Junta, CO 80150.  15.8 East Otero School District No. R1, 1802 Colorado Ave. Ste. 200, La Junta, CO 81050.  15.9 McClave School District No. RE-2, P.O. Box 1, McClave, CO 81057.  15.10 Prowers County Board of County Commissioners, 301 South Main St., Suite 215, Lamar, CO 81052.  15.11 Lamar School District No. RE-2, 210 W. Pearl, Lamar, CO 81052.  15.12 Wiley School District No. RE-13 JT, P.O. Box 247, Wiley, CO 81092.  15.13 East Otero Conservation District, 200 South 10th St., Rocky Ford, CO 81067.  15.14 Prowers Conservation District, 1501 S. Main St., Lamar, CO 81052.  15.15 Town of Wiley Board of Trustees, P.O. Box 519, Wiley, CO 81092-0519.  WHEREFORE, LAWMA respectfully requests that this Court enter a decree approving this Application and granting all such other and further relief, whether legal or equitable, as the Court may determine necessary or desirable.

------------------------------------------------------------------------------------------------------------

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 April 2026, (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.

---------------------------------------------------------------------------------------------------------

Witness my hand and the seal of this Court this 11th day of March 2026.

/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: March 20, 2026

In the Kiowa County Press