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2020CW (10CW233; O1CW161) <br /> Diligence/Absolute Application <br /> Conifer Metropolitan District <br /> Page 5 of 7 <br /> Metro District requests that the Court determine and decree that 4.3 gpm of the 50 gpm water <br /> right for Village Well No. 5 has been made absolute, with 45.7 gpm remaining conditional. <br /> 5. DILIGENCE CLAIM FOR SUBJECT WATER RIGHTS. <br /> a. Diligence Period. The most recent diligence period for the Subject Water Rights was <br /> from September 30, 2014 when the IOCW233 Decree was entered, through September <br /> 30, 2020 ("Diligence Period"). <br /> b. Integrated System. This Court has previously confirmed that the Subject Water Rights <br /> "and appurtenant facilities are an integrated system in accordance with C.R.S. §37-92- <br /> 3[0]l(4)(b)." See IOCW233 Decree ¶ 19, at 10. Pursuant to C.R.S. § 37-92-301(4)(b), <br /> work on other components of the Conifer Metro District's water system is evidence of <br /> diligence on the Subject Water Rights. <br /> c. Activities and Expenditures. During the Diligence Period, the Conifer Metro District, <br /> with the assistance of White & Jankowski LLC and other legal counsel and consultants, <br /> completed activities and expended funds exceeding Two Million Nine Hundred <br /> Thousand Dollars ($2,900,000). <br /> These actions and expenditures confirm the Conifer Metro District's steady and diligent <br /> effort to complete the appropriation of the remaining conditional portions of the Subject <br /> Water Rights by applying water diverted by the Subject Water Rights to beneficial use. <br /> These activities and expenditures include,without limitation: <br /> i. Operation of District Well Nos. 1-5 and Treatment Plant. The Conifer Metro <br /> District has continued to operate District Well Nos. 1-5 and a wastewater treatment <br /> plant to provide onsite treatment of all water withdrawn through Village Well Nos. <br /> 1-5 at costs exceeding $1,484,000. <br /> ii. Legal, Consulting and Administrative Costs and Expenses. The Conifer Metro <br /> District incurred and paid: (1) legal costs exceeding $290,000; (2) water and other <br /> consulting fees exceeding$56,000; and (3) administrative, management, accounting, <br /> audit and insurance costs exceeding $677,000. <br /> iii. Capital Improvements to Integrated Water System. The Conifer Metro District <br /> incurred and paid: (1) water capital expenses exceeding $101,000; and (2) general <br /> capital expenses exceeding $291,000. <br /> iv. Ground Water Monitoring. Jefferson County and the Division 1 Water Court require <br /> the Conifer Metro District to operate a ground water monitoring program. This <br /> program includes the periodic measurement and reporting of 22 wells. This <br /> information is measured by"data loggers" which must be periodically calibrated and <br /> downloaded by the Conifer Metro District's ground water monitoring program. <br /> Costs for operation of the ground water monitoring program during the Diligence <br />