DISTRICT COURT, WATER DIVISION 1, COLORADO APRIL 2026 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIVISION 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 and/or ordered published during the month of APRIL 2026 for each County affected. (This publication can be viewed in its entirety on the state court website at: www.coloradojudicial.gov) CASE NUMBER 2026CW3060 (17CW3104) GROVES FARMS AND RIVERVIEW FARMS, LLC (collectively "Applicants"). c/o Mike Groves, 21020 Rd. 6.5, Weldona, Colorado 80653, Email: grovesfarms@gmail.com, Telephone: (970) 768-0662. Direct all pleadings and correspondence to: Stuart B. Corbridge, Katherine Carter, Berg Hill Greenleaf Ruscitti LLP, 1712 Pearl Street, Boulder, Colorado 80302, (303) 402-1600. Email: stuart.corbridge@bhgrlaw.com; katherine.carter@bhgrlaw.com. APPLICATION TO MAKE PORTIONS OF GROUNDWATER RIGHTS ABSOLUTE AND FOR FINDINGS OF REASONABLE DILIGENCE IN MORGAN AND WELD COUNTIES. 2. Names of structures. A. Groves Barker Well 1 (Permit No. 81729-F, WDID No. 0110925). B. Groves Barker Well 2 (Permit No. 82003-F, WDID No. 0110932) C. Groves Barker Well 3 (Not yet permitted) 3. Prior Decree and Conditional Water Rights. The groundwater rights described in this application (collectively the "17CW3104 Water Rights") were conditionally decreed on April 20, 2020, in Case No. 17CW3104, Water Court, Water Division One ("17CW3104 Decree"). This is the first application to make portions of the 17CW3104 Rights absolute and for findings of diligence for the remaining conditional portions. Groves Barker Well 1, Groves Barker Well 2, and Groves Barker Well 3 are at times referred to in this application as the "Barker Wells." 4. Description of Groundwater Rights. A. Legal Description of Wells. i. Groves Barker Well 1 is located in the SE1/4 NW1/4 of Section 26, Township 5 North, Range 60 West, 6th P.M., approximately 1,915 feet from the north section line and 2,010 feet from the west section line. NAD 83, Zone 13, Northing: 4469659, Easting: 579511 (Information obtained from 17CW3104 Decree). ii. Groves Barker Well 2 is located in the SE1/4 NW1/4 of Section 26, Township 5 North, Range 60 West, 6th P.M., approximately 2,260 feet from the north section line and 2,290 feet from the west section line. NAD 83, Zone 13, Northing: 4469558, Easting: 579600 (Information obtained from 17CW3104 Decree). iii. Groves Barker Well 3 will be located in the SW1/4 NW1/4 of Section 26, Township 5 North, Range 60 West, 6th P.M., approximately 2,580 feet from the north section line and 300 feet from the west section line. NAD 83, Zone 13, Northing: 4469458, Easting: 578990. B. Source. The source of water for the Barker Wells is groundwater tributary to the South Platte River. C. Depth of Wells. i. Groves Barker Well 1: 75 feet ii. Groves Barker Well 2: 117 feet iii. Groves Barker Well 3: Not yet constructed. D. Dates of Appropriation. i. Groves Barker Well 1: July 31, 2017. ii. Groves Barker Well 2: October 31, 2017. iii. Groves Barker Well 3: August 30, 2019. E. Amounts. i. Groves Barker Well 1: 1,000 gallons per minute ("gpm") (2.23 cubic feet per second - "cfs") and up to 960 acre-feet annually, conditional. ii. Groves Barker Well 2: 1,000 gpm (2.23 cfs) and up to 960 acre-feet annually, conditional. iii. Groves Barker Well 3: 1,000 gpm (2.23 cfs) and up to 960 acre-feet annually, conditional. F. Uses. Groundwater diverted by the Barker Wells will be used for irrigation of up to 230 acres on the property owned by the Applicants. This acreage is located in portions of the SW1/4 of Section 23, the NW1/4 of Section 26, and the NE1/4 of Section 27, all in Township 5 North, Range 60 West, 6th P.M., Morgan County, Colorado. The location of the property, the wells, and the irrigated acres is shown on the map attached as Exhibit 1 to the 17CW3104 Decree. The wells will be used as a supplemental source of irrigation water on the described acreage. G. Land ownership information. The property is owned by the Applicants. 5. Claim to Make Absolute. During the subject diligence period running from August 1, 2017, through the date of filing this application, Applicants constructed Groves Barker Well 1 and Groves Barker Well 2 and diverted water under the 17CW3104 Water Rights as set forth below. Applicants claim the described pumping rates and annual volumes as absolute. A. Groves Barker Well 1 was operated in water years 2018, 2019, 2020, and 2021 pursuant to either temporary Substitute Water Supply Plan approvals or the augmentation plan ("04CW81 Plan") decreed on November 24, 2014, in Case No. 04CW81, Water Court, Water Division 1 ("04CW81 Decree"). i. Amount: Since its construction, Groves Barker Well 1 has pumped groundwater for the decreed beneficial use at a maximum instantaneous pumping rate of 343.0 gpm. A total of 167.25 acre-feet was pumped during the administration period from November 1, 2020, through October 31, 2021. ii. Beneficial Use: Groundwater pumped from Groves Barker Well 1 was applied to the decreed irrigation use on the acres described in Paragraph 4.F, above. B. Groves Barker Well 2 was operated in water years 2018, 2019, 2020, and 2021 pursuant to either temporary Substitute Water Supply Plan approvals or the 04CW81 Plan. i. Amount: Since its construction, Groves Barker Well 2 has pumped groundwater for the decreed beneficial use at a maximum instantaneous pumping rate of 347.6 gpm. A total of 74.00 acre-feet was pumped during the administration period from November 1, 2017, through October 31, 2018. ii. Beneficial Use: Groundwater pumped from Groves Barker Well 2 was applied to the decreed irrigation use on the acres described in Paragraph 4.F, above. 6. Diligence Activities. During the subject diligence period, Applicants engaged in work and activities related to the development of the 17CW3104 Water Rights, including expenditures for the work and activities. As provided in paragraph 70 of the 04CW81 Decree, the water rights, structures, and plan for augmentation comprise an integrated system of water rights and structures under C.R.S. � 37-92-301(4)(b). In Case No. 17CW3104, the Barker Wells were added to the 04CW81 Plan as augmented structures. The development and use of the 17CW3104 Water Rights and the construction and operation of Groves Barker Well 1 and Groves Barker Well 2 are tied to the development and operation of Applicants' integrated system. The following is a summary of the Applicants' work during the subject diligence period on the 17CW3104 Water Rights and the integrated system and the Applicants' efforts toward completion of the appropriations for the 17CW3104 Water Rights and application of water to beneficial use. Expenditures related to this work are also summarized in this paragraph. The Applicants are private farming entities and must allocate available resources, including time, manpower, and finances, to development of both the 17CW3104 Water Rights and operation and maintenance of the 04CW81 Plan, the water rights decreed in Case No. 04CW81, and the described integrated system in a manner that best meets the requirements of annual farming operations. The work, other activities, and expenditures identified in this application are not all inclusive and Applicants reserve the right to provide evidence of other work, activities, and expenditures incurred during the subject diligence period during the proceedings for this application. A. Work to Develop the 17CW3104 Water Rights. i. During the subject diligence period the Applicants prosecuted the application filed in Case No. 17CW3104 to completion. Applicants had expenditures related to Case No. 17CW3104 and to the property where the Barker Wells are located ("Barker Property"). ii. Applicants obtained a monitoring well permit for the Groves Barker Well 1 structure on August 14, 2017, completed construction of the well on August 24, 2017, and obtained Permit No. 81729-F for this well on February 13, 2018. These activities included expenditures for legal and engineering work to obtain the described permits and for the siting, construction, and operation of the well. iii. Applicants obtained a monitoring well permit for the Groves Barker Well 2 structure on October 10, 2017, completed construction of the well on March 28, 2018, and obtained Permit 82003-F for this well on May 10, 2018. These activities included expenditures for legal and engineering work to obtain the permits and for the siting, construction, and operation of the well. iv. Applicants prepared and submitted Substitute Water Supply Plans for the temporary operation of Groves Barker Well 1 and Groves Barker Well 2 in 2017, 2018, and 2019 and operated the wells pursuant to the approvals for those Substitute Water Supply Plans. These activities included expenditures for legal and engineering work to prepare the Substitute Water Supply Plans. B. Work to Develop the Remaining Portions of the Groves Pipeline and Remaining Recharge Ponds. At the time of entry of the 04CW81 Decree, portions of the Groves Pipeline and 8 of the recharge ponds decreed in Case No. 04CW81 ("Recharge Ponds") had not been constructed. During the subject diligence period the Applicants continued to pursue the full development of the Groves Pipeline and the remaining Recharge Ponds by: 1) continuing to discuss project planning with their legal and engineering consultants; and 2) investigating potential land purchases and other land use issues related to the pipeline routing and the Recharge Pond locations. This work included expenditures for consultant time and planning development. C. Filing of the Application in Case No. 20CW3181. During the subject diligence period, Applicants filed an Application for Findings of Reasonable Diligence and to Make Absolute in Case No. 20CW3181, Water Court, Water Division 1. This application sought to make portions of water rights decreed in Case No. 04CW81 absolute and findings of diligence with respect to the remaining conditional portions of the rights confirmed in the 04CW81 Decree. Applicants obtained a decree in Case No. 20CW3181, dated June 3, 2021. D. Operation of the 04CW81 Augmentation Plan. Applicants operate the 04CW81 Plan annually, including accounting and projections required under the plan, obtaining leased replacement water sources, filing required Notices of Use for added replacement sources, operating wells included in the 04CW81 Plan, including Groves Barker Well 1 and Groves Barker Well 2, and conducting agricultural irrigation and cattle operations. E. Expenditures. The following is a summary of expenses incurred by Applicants during the subject diligence period for work related to the 17CW3104 Water Rights, the water rights confirmed in the 04CW81 Decree, the 04CW81 Plan, and the Applicants' integrated system. i. 17CW3104 Water Rights. Applicants spent approximately $167,000.00 on development of the Barker Property, the Groves Barker wells, and the 17CW3104 Water Rights. ii. Operation and Maintenance of Groves Pipeline and 04CW81 Plan for Augmentation. Applicants spent approximately $998,000.00 on items and activities related to the operation and maintenance of the Groves Pipeline and wells included in the 04CW81 Plan, including expenditures for electrical charges. Applicants also spent approximately $225,500.00 to lease and use replacement water sources in the 04CW81 Plan. iii. Engineering and Legal Consultants. Applicants spent approximately $210,000.00 on water engineering consultants for work to develop the 17CW3104 wells and the 17CW3104 Water Rights and work on operations of and accounting for the 04CW81 Plan and other engineering consultant work related to the Groves Pipeline and development of the remaining portion of the pipeline and the Recharge Ponds. Applicants also incurred expenses of approximately $104,000.00 for work by legal consultants related to development of the 17CW3104 Water Rights, the water rights confirmed in the 04CW81 Decree, the 04CW81 Plan, and the Applicants' integrated system. 7. Continuing Need for Conditional Water Rights. Applicants have a continuing need for all of the 17CW3104 Water Rights, including the remaining conditional portions, at the full decreed diversion rates and annual volumes, and maintain their intent to develop and put the 17CW3104 Water Rights to the decreed beneficial uses at the decreed diversion rates and up to the annual volume limits. Applicants seek entry of a decree by the Court confirming that they have been reasonably diligent in the development of the remaining conditional portions of the 17CW3104 Water Rights during the subject diligence period. 8. Names and addresses of owners or reputed owners of the 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. No new structures or modification to any existing structures is sought by this application. Applicants own the structures identified in this application. WHEREFORE, Applicants seek entry of a decree confirming: 1) that Applicant has made the 17CW3104 Water Rights absolute at the pumping rates and annual volumes described in Paragraph 5 for Groves Barker Well 1 and Groves Barker Well 2; and 2) that Applicants have exercised reasonable diligence toward completion of the appropriations for the remaining conditional portions of the 17CW3104 Water Rights; and continuing the remaining portions of the conditional water rights in full force and effect for another six-year diligence period. 9 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 JUNE 2026 (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: Morgan County Times May 20, 2026-2169104