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 2026CW3067 (17CW3020) CITY OF GREELEY, ACTING BY AND THROUGH ITS WATER AND SEWER BOARD. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE IN PART IN WELD COUNTY. I. Name, Mailing Address, Telephone Number of Applicant: City of Greeley, acting by and through its Water and Sewer Board ("Greeley"), c/o Leah Hubbard, Deputy Director of Water Resources, Greeley Water and Sewer Department, 1001 11th Avenue, 2nd Floor, Greeley, CO 80631. Telephone (970) 350-9820. Please send all correspondence to: Carolyn F. Burr, James M. Noble, Matthew C. Nadel, Welborn Sullivan Meck & Tooley, P.C., 1401 Lawrence St., Suite 1800, Denver, CO 80202, 303-830-2500, cburr@wsmtlaw.com; jnoble@wsmtlaw.com; mnadel@wsmtlaw.com; and Jerrae C. Swanson, Greeley City Attorney's Office, 1100 10th Street, Suite 401, Greeley, CO 80631, 970-350-9757, jerrae.swanson@greeleygov.com. II. General Description of Application: This is an application for a finding of reasonable diligence and for a partial determination that the water rights have been made absolute for the conditional appropriative rights of exchange ("Subject Water Rights") decreed, and more particularly described, in Case No. 17CW3020, District Court, Water Division No. 1. III. Name of the Structures for Conditional Rights of Exchange: (1) Leprino WWTP Outfall; (2) Greeley Canal No. Three Headgate; (3) Boyd and Freeman Ditch Headgate; (4) 35th Avenue Reservoir diversion structures; (5) 35th Avenue Drainage Ditch Diversion Point; (6) Boomerang Reservoir No. 1; and (7) Boomerang Reservoir No. 2, all as further described below. IV. Description of Conditional Rights of Exchange. A. Original Decree: Case No. 17CW3020, District Court, Water Division No. 1, entered on April 17, 2020 (the "17CW3020 Decree"). B. Description: The Subject Water Rights, as described in the 17CW3020 Decree, are described as follows. 1. Exchange Reach: The exchange reaches are located on the Cache la Poudre River, from the outfall of the Leprino WWTP to the headgate of the Greeley Canal No. 3, and on Sheep Draw and an unnamed tributary thereof, from that draw's confluence with the Cache la Poudre River to the locations of the Boomerang Reservoirs decreed in Case No. 05CW326. See Exhibit A. 2. Exchange-From Point: The Leprino WWTP Outfall, located in the SW1/4 of the SW1/4 of Section 4, Township 5 North, Range 65 West, 6th P.M., Weld County, Colorado, as shown on Exhibit A. 3. Exchange-To Points: a. Greeley Canal No. 3 Headgate: The decreed location of the Greeley Canal No. 3 headgate is in the NW1/4 of the SE1/4, Section 32, Township 6 North, Range 66 West, at a point approximately 1900 feet West of the East section line and 2200 feet North of the South section line of said Section 32. b. Boyd and Freeman Ditch Headgate: The decreed location of the Boyd and Freeman Ditch headgate is on the South side of the Cache la Poudre River in Section 34, Township 6 North, Range 66 West. c. 35th Avenue Reservoir Diversion Structures: A diversion structure or structures for the purpose of diverting water tributary to the Cache la Poudre River, to be located on the south or east bank of such river in the NE1/4 of Section 34 or the NE1/4 or NW1/4 of Section 35, Township 6 North, Range 66 West. d. 35th Avenue Drainage Ditch Diversion Point: A diversion structure located on the 35th Avenue Drainage Ditch in the SW1/4 of the NW1/4 of Section 36, Township 6 North, Range 66 West. e. Boomerang Reservoir No. 1: An on-channel reservoir to be located on Sheep Draw, tributary to the Cache la Poudre River in the SE1/4 of Section 14, and the SW1/4 of Section 13, Township 5 North, Range 67 West. f. Boomerang Reservoir No. 2: An on-channel reservoir to be located on an unnamed drainage, tributary to Sheep Draw, tributary to the Cache la Poudre River in the SW1/4 of Section 18, Township 5 North, Range 66 West. 4. Exchange Rate: 7.5 c.f.s., conditional, as further shown on the Exchange Matrix attached hereto as Exhibit B. 5. Sources of Substitute Supply: a. Greeley's ownership of shares in the Greeley and Loveland Irrigation Company and Seven Lakes Reservoir Company, and ownership of rights in the Loveland and Greeley Reservoir, a.k.a. Lake Loveland, as changed in Case Nos. 87CW329, 95CW042, and 99CW235. b. Greeley's ownership of shares in the Water Supply and Storage Company ("WSSC"), as changed in Case No. 07CW190. c. Greeley's ownership of shares of Class B common stock in the Windsor Reservoir and Canal Company, as changed in Case No. 06CW258; such shares entitle Greeley to a portion of the water diverted under water rights decreed to the Laramie River Tunnel and the related collection ditches and reservoirs known as the Laramie River System, to which water Windsor Reservoir and Canal Company is entitled by virtue of its ownership of stock in the Tunnel Water Company. d. Greeley's ownership of allotment contracts with the Municipal Subdistrict, Northern Colorado Water Conservancy District, which entitle Greeley to a portion of the water in, or naturally tributary to, the Colorado River decreed to the Windy Gap Project, which water rights are more particularly described in the decrees entered by the District Court for Water Division No. 5 in Civil Action No. 1768 and Case Nos. W-4001 and 80CW108, and/or in Case No. 89CW298. e. Water sources currently owned by Greeley but that have not been changed for municipal use, which were identified in Exhibit 6 to the 17CW3020 Decree, consisting of shares in Seven Lakes Reservoir Company, WRCC, Owl Creek Supply & Irrigation Company, Larimer & Weld Irrigation Company, Water Supply and Storage Company, New Cache La Poudre Irrigation Company, Cache La Poudre Reservoir Company, North Poudre Irrigation Company, Greeley-Loveland Irrigation Company, Loveland and Greeley Reservoir Company, and laterals to those companies. f. Any other water rights that may be owned or acquired by Greeley to the extent that these water rights are decreed for municipal use, the water rights are decreed for or are otherwise legally available for reuse, successive use, and disposition to extinction, and the water rights are authorized to be claimed as part of the effluent from the Leprino Plant pursuant to Paragraph 26(A) of the 17CW3020 Decree. g. Dairy Byproduct Water, consisting of water removed from milk by Leprino Foods Company at the Leprino Plant that is delivered to the Cache la Poudre River at the Leprino WWTP Outfall, described above. 6. Appropriation Date: February 14, 2017. 7. Uses: a. Greeley Reusable Supplies described in Paragraph IV.B.5(a)-(f) above. Greeley will use the effluent attributable to its fully reusable and consumable City Water supplies described in Paragraph IV.B.5(a)-(f) for all municipal purposes in accordance with Greeley's decrees for those sources. Greeley may reuse, successively use, and dispose of to extinction such water in accordance with Greeley's decrees by direct use or exchange, or by storage and subsequent release. b. Dairy Byproduct Water. Greeley may use the effluent discharged from the Leprino Plant that is attributable to the Dairy Byproduct Water described in Paragraph IV.B.5(g) for all municipal purposes, including, without limitation, domestic, irrigation, watering of lawns, parks, and grounds, commercial, industrial, mechanical, manufacturing, power generation, fire protection, sewage treatment, recreation, fish and wildlife preservation and propagation, replacement of lake and reservoir evaporation, maintenance of adequate storage reserves, maintenance of historical return flows as required by judicial or administrative order, wetlands creation, maintenance, and enhancement, environmental mitigation and restoration, and replacement, augmentation, recharge, or substitution, by direct use or exchange, including without limitation the Subject Water Rights or by storage and subsequent release. The water will be used within Greeley's service area and areas served by Greeley's present and future extra-territorial customers, lessees, and contractees. Greeley has the right to use, reuse, successively use, and dispose of to extinction the Dairy Byproduct Water. Greeley's use of the Dairy Byproduct Water is subject to the terms of its license agreement with Leprino and the 17CW3020 Decree. 8. Places of Storage Following Exchange: Following Greeley's diversion of water by exchange, water will be stored simultaneously in the places of storage described in Paragraph 4.3.1 of the 17CW3020 Decree, and/or such other places of storage to be constructed in Sections 32, 33, 34, and/or 35, Township 6 North, Range 66 West, 6th P.M., Weld County, Colorado, in which Greeley may acquire a right to store water, including without limitation W.W. Farm Lakes, more particularly described in the decree entered in Case No. 90CW23, and 35th Avenue Reservoir, more particularly described in the decree entered in Case No. 98CW476. Greeley intends to fill and repeatedly refill these reservoirs by exchange. V. Claim for Finding of Reasonable Diligence: A. Integrated System: The Subject Water Rights originally decreed in Case No. 17CW3020 were and are conceived and planned to be operated as a component of Greeley's municipal water supply system, which is an integrated system comprised of several different water rights, features, and facilities. Work on one or more features of this integrated system constitutes effort toward development of the water rights for all features of the system. B. Detailed outline of what has been done toward completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: 1. In compliance with paragraph 28.A.i of the 17CW3020 Decree, Greeley and Leprino determined the maximum as-built capacity and maximum discharge rate of the Leprino WWTP as 7.35 cfs. Accordingly, Greeley seeks a finding of reasonable diligence for the Subject Water Rights up to a rate of 7.35 cfs. 2. In compliance with paragraph 28.A.ii of the 17CW3020 Decree, Greeley conducted stream flow measurement on Sheep Draw, and observed a flow rate of 0.6 cfs. Accordingly, Greeley seeks a finding of reasonable diligence for diversions by exchange at Boomerang Reservoir Nos. 1 and 2 at a rate of 0.6 cfs. 3. Greeley filed the application in Division 1 Case No. 22CW3042 to change the use of shares in the Water Supply and Storage Company, which shares are identified as sources of supply to be used in the exchange described herein. 4. Greeley conducted major operations in the development of the Poudre Ponds, which are identified as places of storage following operation of the exchange, at an approximate cost of $2,358,325 during the diligence period. 5. Greeley conducted significant rehabilitation of its water transmission and distribution system, which will be used for delivery of the water, at an approximate cost of $12,779,387 during the diligence period. 6. Greeley participated in numerous water court cases as an objector and as an applicant for protection of its water rights, including the exchange described herein, at an approximate cost of $2,268,023 during the diligence period. 7. Greeley constructed major improvements to its Bellvue water treatment plant, at an approximate cost of $37,013,854 during the diligence period. The Bellvue plant is part of Greeley's integrated system, which is used to treat water delivered to the Leprino Plant and used as a source of supply in the exchange. 8. Greeley completed significant maintenance and improvements to its high mountain reservoir system, along with its Hourglass and Comanche Reservoirs, and the Milton-Seaman Reservoir, all of which are part of Greeley's integrated system, at an approximate cost of $697,391 during the diligence period. 9. Greeley conducted maintenance and repair of the Laramie River Tunnel, which is part of Greeley's integrated system, at an approximate cost of $279,000 during the diligence period. 10. Greeley operated the Subject Water Rights on numerous occasions during the diligence period. 11. Greeley's Water and Sewer Department staff regularly monitored river conditions to assess whether water may be exchanged under the Subject Water Rights. VI. Claim to Make Conditional Rights of Exchange Absolute, in Part: During this diligence period, Greeley made the exchange partially absolute. Since the 17CW3020 Decree was entered, Greeley made absolute the following portions of the conditional exchange: A. On January 24, 2026, Greeley operated the exchange at a rate of 1.32 cfs from the Leprino WWTP Outfall to the 35th Avenue Drainage Ditch Diversion Point. B. On January 28, 2026, Greeley operated the exchange at a rate of 2.53 cfs from the Leprino WWTP Outfall to the Boyd and Freeman Ditch Headgate. See Greeley's Water Rights Accounting Summary, attached as Exhibit C. VII. 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: A. Greeley Canal No. 3: Applicant and Greeley Irrigation Company, 3005 W 29th Street, Suite G1, Greeley, CO 80631. B. Boyd and Freeman Ditch Headgate: Boyd Irrigation Company, 1001 11th Ave, Suite 200, Greeley, CO 80631; Tim and Jeanne Iverson, 5011 F Street, Greeley, CO 80631. C. 35th Avenue Reservoir Diversion Structures: Martin Marietta Materials, Inc., 1627 Cole Blvd, Suite 200, Lakewood, CO 80401. D. 35th Avenue Drainage Ditch Diversion Point: Applicant. E. Boomerang Reservoir No. 1: Shupe Bros. Co., P.O. Box 1447, Greeley, CO 80632; TOMORA LLC, 1130 50th Ave., Greeley, CO 80634; Matthew J. Chismar Irrevocable Trust, 2577 E. CR 60, Wellington, CO 80549. F. Boomerang Reservoir No. 2: Matthew J. Chismar Irrevocable Trust, 2577 E. CR 60, Wellington, CO 80549. WHEREFORE: Greeley requests the Court enter a decree finding (1) that Greeley has exercised reasonable diligence toward completion of the appropriation for the Subject Water Rights, as decreed in Case No. 17CW3020, and continuing said conditional water rights for another six-year diligence period, subject to the limitations described in Paragraphs V.B.1 and 2 above; and (2) that Greeley has made the rights partially absolute as described in Paragraph VI for the decreed uses in the amounts claimed above. 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: Greeley Tribune May 17, 2026-2169108