division 5 water court-august 2008 resume · division 5 water court-august 2008 resume . 1....

DIVISION 5 WATER COURT-AUGUST 2008 RESUME 1. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF AUGUST 2008. 08CW105 PITKIN COUNTY. Castle Creek Alluvium. Elk Mountain Lodge, LLC, c/o Paul L. Noto, Esq., Patrick, Miller & Kropf, P.C., 730 E. Durant, Ste. 200, Aspen, CO, 81611, (970) 920-1028. APPLICATION FOR CHANGE OF WATER RIGHT. Decreed name of structure: Elk Mountain Well No. 1. From previous Decree: Date entered: August 2, 1988. Decreed point of diversion: The decreed point of diversion is in the NE¼, SE¼, Sec. 19, T. 11 S., R. 84 W., 6th P.M., 2240 feet from the south section line and 400 feet from the east section line. A map of the decreed and actual points of diversion is on file with the court as Figure “1”. Source: Castle Creek alluvium. Appropriation date: August 1, 1949, as a decreed alternate point of diversion for the Elk Mountain Ditch, see Case No. 87CW201. Amount: 0.0557 c.f.s. (25 g.p.m.). Historic use: The Elk Mountain Well No. 1 was historically used to service the Elk Mountain Lodge facility for domestic, commercial, and fire protection purposes, and was used to irrigate approximately one-half acre. A map of the location of the historic use is on file with the court as Figure “2”. Diversion records from the Division of Water Resources CDSS online resource are on file with the court as Exhibit “A”. The well permit records (no. 044412-F) are on file with the court as Exhibit “B”. Proposed change: Applicant is in the process of redeveloping the Elk Mountain Lodge property. As part of the redevelopment, applicant must move the Elk Mountain Well No. 1 more than 200 feet from its existing location and decreed location. Therefore, by this application applicant seeks to correct the decreed location for the Elk Mountain Well No. 1, Well Permit No. 044412-F. Location: The Elk Mountain Well No. 1 will be located in the SW ¼, SW ¼, Section 20, T11S, R84W, 6th P.M., 551 feet from the South Section line and 30 feet from the West Section line, 10080 Castle Creek Road in Pitkin County. (UTM NAD 83, 13 03 44 045 E, 43 26 357 N). Use: The uses decreed to the Elk Mountain Well No. 1 will not change. Amount: The amount decreed to the Elk Mountain Well No. 1 (25 g.p.m.) will not change. Plan for operation: Applicant’s use of the Elk Mountain Well No. 1 will not change. The Elk Mountain Well No. 1 will continue to provide domestic and commercial water deliveries to the Elk Mountain Lodge structure, as well irrigation of approximately one-half acre, pursuant to the plan for augmentation decreed in Case No. 87CW370. Applicant will continue to use the Elk Mountain Well No. 1 as an alternate point of diversion for 0.0557 c.f.s. (25 g.p.m.) of the Elk Mountain Ditch, Priority 589 water right, in accordance with the decree in Case No. 87CW201. The name and address of owner of land on which structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Applicant. (11 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of OCTOBER 2008 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 2. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF AUGUST 2008. 08CW106 District Court, Water Division No. 5, State Of Colorado, 102 8th Street, #104, Glenwood Springs, Colorado 81601. Concerning the Application for Water Rights of: Colorado Water Conservation Board, In East Willow Creek, A Natural Stream, In The Watershed Of Piceance-Yellow, In Garfield & Rio Blanco Counties, Colorado. Attorneys for the Colorado Water Conservation Board: John W. Suthers, Attorney General Devin R. Odell* Assistant Attorney General, 1525 Sherman Street, 5th Floor, Denver, CO 80203, Registration Number: 34762, *Counsel of Record. Application For Water Rights To Preserve The Natural Environment To A Reasonable Degree. Name of Applicant: Colorado Water Conservation Board, 1313 Sherman Street, Suite 721, Denver, CO 80203, (303) 866-3441. Name of natural stream: East Willow Creek. Location: Legal description of the stream segment through which an instream flow is claimed: The natural stream channel from the confluence with Bull Fork East Willow Creek at latitude 39° 41’ 32.68”N and longitude 108° 16’ 58.85”W as the upstream terminus and extending to the confluence with West Willow Creek at latitude 39° 43’ 42.08”N and longitude 108° 16’ 55.27”W as the downstream terminus, being a distance of approximately 2.69 miles. This segment can be located on the Bull Fork U.S.G.S. quadrangle. For administrative purposes only: Upper Terminus = NW NE S21 T4S R97W 6th PM, 2500’ West of the East Section Line; 675’ South of the North Section Line, UTM North: 4398772.9 UTM East: 218480.8. Lower Terminus = NW SE S4 T4S R97W 6th PM, 2000’ West of the East Section Line; 1650’ North of the South Section Line. UTM North: 4402760.4 UTM East: 218712.5. Date of initiation of appropriation: January 23, 2008. Date water applied to beneficial use: Water was first applied to beneficial use on January 23, 2008. How appropriation was initiated: At its regular meeting on January 23, 2008, the Colorado Water Conservation Board appropriated this water right pursuant to the Rules Concerning the Colorado Instream Flow and Natural Lake Program, 2 CCR 408-2. Amount of water claimed (ABSOLUTE): Instream flow of 0.8 cfs (May 1 – October 31), 0.6 cfs (November 1 – April 30). Remarks: This appropriation is made pursuant to the provisions of Sections 37-92-102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S. (2007). The purpose of this appropriation by the State of Colorado is to preserve the natural environment to a reasonable degree. At its regular meeting on May 20, 2008, the Board determined that the natural environment will be preserved to a reasonable degree by the water available for the appropriation to be made; that there is a natural environment that can be preserved to a reasonable degree with the Board’s water right herein, if granted; and that such environment can exist without material injury to water rights. This Application is for an instream flow

AUGUST 2008 RESUME WATER DIVISION 5

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water right, exclusive to the CWCB pursuant to section 37-92-102(3) C.R.S., and as such there are no proposed diversion structures or storage involved, nor does it effect ground water described in section 37-90-137(4), C.R.S.. See City of Thornton By and Through Utilities Bd. v. City of Fort Collins, 830 P.2d 915, 931 (Colo.,1992) ("A minimum stream flow does not require removal or control of water by some structure or device. A minimum stream flow between two points on a stream or river usually signifies the complete absence of a structure or device."). Therefore, the notice provision contained in section 37-92-302(2)(b) C.R.S. is not applicable. (3 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of OCTOBER 2008 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 3. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF AUGUST 2008. 08CW107 (84CW304 & 84CW305, 94CW234, 00CW224) SUMMIT COUNTY – ILLINOIS GULCH, BLUE RIVER. GoldenView Subdivision Homeowner’s Association, Inc., as successor to Ruth O’Connor as Personal Representative of the Estate of Leo N. O’Connor and George A. Rolfes, c/o John M. Dingess, Esq. and Teri L. Petitt, Esq., Duncan Ostrander & Dingess, P.C., 3600 S. Yosemite Street, Suite 500, Denver, CO 80237-1829, 303-779-0200. APPLICATION FOR A FINDING OF REASONABLE DILIGENCE. The original application for the Jerusalem Placer Well right in Case No. 84CW304 and its companion case seeking a plan for augmentation and appropriative right of exchange in Case No. 84CW305 were filed in the name of George A. Rolfes, Leo N. O’Connor and Clell D. Elwood. Due to the death of one of the applicants and a transfer of interest by another, the subsequent diligence applications were filed in the name of Ruth O’Connor, as Personal Representative of the Estate of Leo N. O’Connor, and George Rolfes. The applications were filed to provide a supply of water for the proposed “Jerusalem Placer Development”. The development was later renamed the “GoldenView Subdivision”. The GoldenView Subdivision Homeowner’s Association, Inc. (“GoldenView” or “Applicant”) is the entity currently charged with maintaining and operating the Jerusalem Placer Well right, the plan for augmentation and the appropriative right of exchange decreed in Case Nos. 84CW304 and 84CW305. The GoldenView Subdivision Homeowner’s Association is acting on behalf of the original Applicants in this matter. 2. Name of Structure: Jerusalem Placer Well. 3. Description of Conditional Water Rights: a. Original Decrees: i. November 8, 1988, Case No. 84CW304, District Court, Water Division 5, Colorado. ii. September 7, 1988, Case No. 84CW305, District Court, Water Division 5, Colorado. b. Decrees Finding Reasonable Diligence: i. March 9, 1995, Case No. 94CW234, District Court, Water Division 5, Colorado. ii. August 20, 2002, Case No. 00CW224, District Court, Water Division 5, Colorado. c. Locations: i. The Applicant obtained a decree in Case No. 92CW009 approving a change in point of diversion of the Jerusalem Placer Well from one to thirty points of diversion, at 2.00 g.p.m. each, all located within the GoldenView Subdivision. The purpose of the change of point of diversion was to allow for individual wells on each of thirty (30) lots in the Subdivision. The individual wells are or will be located within the GoldenView Subdivision which is located on the Jerusalem Placer (U.S. Mineral Survey No. 2567) and on an adjoining parcel of approximately 2 acres in the Southwest ¼ of Section 4, and the Southeast ¼ Southeast ¼ of Section 5, Township 7 South, Range 77 West of the 6th P.M. ii. The appropriative right of exchange decreed in 84CW305 allows the Applicant to replace depletions caused by withdrawals from the Jerusalem Placer Well to Illinois Gulch and the Blue River with water released to Soda Creek above Dillon Reservoir. d. Source of water for Jerusalem Placer Well right: Illinois Gulch alluvium and bedrock which is tributary to Illinois Gulch, tributary to the Blue River. e. Appropriation Dates: i. March 15, 1984 for the Jerusalem Placer Well right. ii. September 28, 1984 for the appropriative right of exchange. f. Amount Claimed: 70.0 g.p.m., CONDITIONAL. g. Use: Municipal purposes, including domestic, commercial and fire protection. 4. Efforts toward completion of the appropriation and application of the water to a beneficial use, including expenditures: a. The Applicant has been diligent in the continued use and development of its conditional water rights. During the subject diligence period, GoldenView and/or its members have made the following efforts to complete the appropriations and apply the water to beneficial use: i. Eight (8) additional wells have been permitted, drilled and constructed at an approximate cost of $136,000.00. ii. Fourteen (14) totalizing flow meters have been installed on new and existing wells at an approximate cost of $5,600.00. iii. The GoldenView Subdivision retained new water counsel in 2006 to assist it in developing and evaluating the subject water rights. During the subject diligence period GoldenView has paid its attorneys more than $9,800.00 for legal work related to developing and placing these water rights to beneficial use. iv. GoldenView has spent more than $9,000.00 to maintain drainage and drainage easements within the Subdivision. v. In addition to the above activities, six (6) new homes have been constructed within the Subdivision, and GoldenView has spent more than $2,900.00 on landscaping, entryway and lighting maintenance. The above activities are necessary prerequisites to applying the subject water rights to the beneficial uses for which they were decreed, demonstrate the Applicant’s diligence to fully develop and place such water rights to beneficial use, and entitle the Applicant to a continuation of these conditional water rights. WHEREFORE, the Applicant respectfully requests a decree of this Court confirming that the Applicant has been diligent in the completion of the appropriation of the above-referenced decreed


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conditional water rights and extending for an additional six-year period the necessity for filing additional diligence applications. The Applicant further requests this Court also grant such additional relief that the Court deems necessary and appropriate to further the purposes of the Appropriations herein requested. (5 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of OCTOBER 2008 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 4. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF AUGUST 2008. 08CW108 Application of John Lawrence Caldwell and Anita Susan Caldwell Mesa County, Colorado, unnamed tributary to Mack Wash, tributary to Colorado River, Water Division No. 5 John Lawrence Caldwell and Anita Susan Caldwell, 1671 11.8 Road, Loma, Colorado 81524, 970-858-9016. Frederick G. Aldrich, Aldrich Law Firm, LLC, 601A 28¼ Road, Grand Junction, Colorado 81506, telephone number 970-245-7950. First Claim for Relief: Application for Storage Right: 1. Evans #2 Reservoir. 2. Applicants seek a storage right. 3. Unnamed tributary to Mack Wash, tributary to Colorado River. 4. SW¼ of the NE¼ of Section 17, Township 2 North, Range 3 West of the Ute Meridian, Mesa County, Colorado. 5. Irrigation, piscatorial, stock watering, domestic, recreational and aesthetic. 6. Reservoir. 7. 20 acre feet absolute, with the right to refill one time per year. 8. The Evans #2 Reservoir was constructed in October 1940 by Truman Evans to farm fish commercially. The Evans #2 Reservoir

is occasionally referred to as Mack-Mesa Reservoir. On September 25, 1975, Al Gay and Frances Gay, then owners of NE¼ NW¼, NW¼ NE¼ and SW¼ NE¼, Section 17, T2N, R3W, U.M., obtained a decree in W-2640, Water Division 5, for 3.0 c.f.s. pumped from Evans #2 Reservoir and then distributed through 2 pipelines to irrigate approximately 72 acres in NE¼ NW¼, NW¼ NE¼ and SW¼ NE¼ of said Section 17, including 36 acres of the SW¼ NE¼ of said Section 17 now owned by Applicants. Since 1979, the reservoir has been used for fish propagation, recreation and aesthetic purposes and pumping water from the reservoir to irrigate approximately 5 acres adjacent to the reservoir and the residence situated on the Applicants’ property. Applicants are seeking a simple land split of the Applicants’ property and desire to secure a source of water for beneficial use of the Applicants’ property subsequent to its division.

Second Claim for Relief: Change of Water Right: 1. John Lawrence Caldwell and Anita Susan Caldwell, 1671 11.8 Road, Loma, Colorado 81524, 970-858-9016. 2. Frederick G. Aldrich, Aldrich Law Firm, LLC, 601A 28¼ Road, Grand Junction, Colorado 81506, telephone number 970-245-

7950. 3. Gay A and Gay A-2. 4. Applicants seek a change of water right. 5. Unnamed tributary to Mack Wash, tributary to Colorado River. 6. SW¼ NW¼ Section 17, Township 2 North, Range 3 West, Ute Meridian, Mesa County, Colorado. 7. Irrigation. 8. Pipeline and pump. 9. .75 c.f.s. from Gay A and .75 c.f.s. from Gay A-2. 10. Change requested: Applicants are the successors in ownership to one half of the 3.0 c.f.s. decreed to Gay Pipelines A and B in

case no. W-2640, Water Division 5. Applicants are also the owners of the SW¼ NW¼ of said Section 17. Applicants are in the process of securing a simple land split and desire to secure water to irrigate the split parcels. Applicants seek to obtain a decree for two alternate points of diversion on the west and east side of Evans #2 Reservoir to irrigate, respectively, 18 acres on the W½ of the SW¼ NW¼ of said Section 17 and 18 acres on the E½ of the SW¼ NW¼ of said Section 17, being all of the irrigable land on Applicants property net of the Evans #2 Reservoir. (7 pages)

YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of OCTOBER 2008 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.


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5. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF AUGUST 2008. 08CW109 (99CW052). IN GRAND COUNTY, COLORADO. APPLICATION TO MAKE CONDITIONAL WATER RIGHTS ABSOLUTE. CONCERNING THE APPLICATION FOR WATER RIGHTS OF GALLOWAY, INC., d/b/a BLUE VALLEY RANCH, IN THE BLUE RIVER OR ITS TRIBUTARIES. DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO, 109 Eighth Street, Suite 104, Glenwood Springs, CO 81601.1. Name, Address and Telephone Number of Applicant: Galloway, Inc., d/b/a Blue Valley Ranch, c/o Paul T. Jones, 6921 Highway 9, Silverthorne, CO 80498. Direct all pleadings to: Michael F. Browning, Porzak Browning & Bushong LLP, 929 Pearl Street, Suite 300, Boulder, Colorado 80302. 2. Name of structures: Doenz Pond and Lower Pond. 3. Description of conditional water rights: a. Original Decree: The subject conditional water rights were awarded conditional water rights by decree in Case No. 99CW052, District Court, Water Division 5, dated August 9, 2002. b. Decreed Locations: Doenz Pond: The point of diversion is in the SW1/4NE1/4 of Section 12, Township 2 South, Range 81 West of the 6th P.M. The center of the Doenz Pond is described as beginning at the southeast corner of the SW1/4NE1/4 of said Section 12, then proceeding North 48º West 504 feet. Lower Pond: The point of diversion is in the SW1/4NE1/4 of Section 12, Township 2 South, Range 81 West of the 6th P.M. The center of the Lower Pond is described as beginning at the southeast corner of the SW1/4NE1/4 of said Section 12, then proceeding North 5º West 986 feet. c.Source: Doenz Spring as to Doenz Pond; Lower Spring as to Lower Pond. Both such springs are tributary to Spring Creek, a tributary of the Blue River, a tributary of the Colorado River. d. Appropriation Dates: May 19, 1910 as to both rights. e. Amount: 2.0 acre feet, conditional, for Doenz Pond; 1.0 acre feet, conditional, for Lower Pond; with the right to fill and refill each Pond when it is in priority. f. Decreed Uses: For each pond – domestic in one single-family dwelling, fire protection, livestock and wildlife watering, wildlife habitat, aesthetic, and piscatorial. 4. Claim to make certain decreed uses absolute. The subject Ponds have been constructed, filled, and used for the following of their decreed purposes: livestock and wildlife watering, wildlife habitat, and aesthetic. Applicant consents to the abandonment of the remaining uses conditionally decreed to the Ponds, to wit: domestic, fire protection, and piscatorial. 5. Name and Address of the Owners of Land on which the Structures Are Located and the Water Diverted and Placed to Beneficial Use. Applicant is the owner of the land on which the subject Ponds are located and on which the water has and will be diverted and placed to beneficial use. WHEREFORE, Applicant requests that this Court enter a decree (A) making the subject conditional water rights absolute for their decreed livestock and wildlife watering, wildlife habitat, and aesthetic uses; (B) canceling the remaining uses decreed to the subject conditional water rights, to wit: domestic, fire protection, and piscatorial, and (C) granting such other and further relief as the Court deems just and proper. (4 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of OCTOBER 2008 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 6. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF AUGUST 2008. 08CW110 (99CW053). IN GRAND COUNTY, COLORADO. APPLICATION TO MAKE CONDITIONAL WATER RIGHTS ABSOLUTE. CONCERNING THE APPLICATION FOR WATER RIGHTS OF GALLOWAY, INC., d/b/a BLUE VALLEY RANCH, IN THE BLUE RIVER OR ITS TRIBUTARIES. DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO, 109 Eighth Street, Suite 104, Glenwood Springs, CO 81601. 1. Name, Address and Telephone Number of Applicant: Galloway, Inc., d/b/a Blue Valley Ranch, c/o Paul T. Jones, 6921 Highway 9, Silverthorne, CO 80498. Direct all pleadings to: Michael F. Browning, Porzak Browning & Bushong LLP, 929 Pearl Street, Suite 300, Boulder, Colorado 80302. 2. Name of structures: Doenz Spring and Lower Spring. 3. Description of conditional water rights: a. Original Decree: The subject conditional water rights were awarded conditional water rights by decree in Case No. 99CW053, District Court, Water Division 5, dated August 9, 2002. b. Decreed Locations: Doenz Spring: The point of diversion is in the SW1/4NE1/4 of Section 12, Township 2 South, Range 81 West of the 6th P.M. The Doenz Spring is described as beginning at the southeast corner of the SW1/4NE1/4 of said Section 12, then proceeding North 48º West 612 feet. Lower Spring: The point of diversion is in the SW1/4NE1/4 of Section 12, Township 2 South, Range 81 West of the 6th P.M. The Lower Spring is described as beginning at the southeast corner of the SW1/4NE1/4 of said Section 12, then proceeding North 8º West 696 feet. c. Source: Springs tributary to Spring Creek, a tributary of the Blue River, a tributary of the Colorado River. d. Appropriation Dates: May 19, 1910 as to both rights. e. Amount: 0.030 cfs for each Spring. f. Decreed Uses: For each Spring – domestic in one single-family dwelling, fire protection, livestock and wildlife watering, wildlife habitat, aesthetic, piscatorial, and storage. 4. Claim to make certain decreed uses absolute. The subject Springs have been diverted into storage in ponds bearing the same name and decreed in Case No. 99CW052, and applied to the following of their decreed uses: livestock and wildlife watering, wildlife habitat, and aesthetic. Applicant consents to the abandonment of the remaining uses


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conditionally decreed to the Springs, to wit: domestic, fire protection, and piscatorial. 5. Name and Address of the Owners of Land on which the Structures Are Located and the Water Diverted and Placed to Beneficial Use. Applicant is the owner of the land on which the subject Springs are located and on which the water has and will be diverted, stored, and placed to beneficial use. WHEREFORE, Applicant requests that this Court enter a decree (A) making the subject conditional water rights absolute for their decreed livestock and wildlife watering, wildlife habitat, storage, and aesthetic uses; (B) canceling the remaining uses decreed to the subject conditional water rights, to wit: domestic, fire protection, and piscatorial, and (C) granting such other and further relief as the Court deems just and proper. (4 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of OCTOBER 2008 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 7. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF AUGUST 2008. 08CW111 (Reference Case No. 08CW449) EAGLE, LAKE, AND PITKIN COUNTIES. Homestake Partners: City of Colorado Springs, c/o Colorado Springs Utilities Chief Operating Officer, 121 South Tejon Street, Colorado Springs, Colorado 80903, Phone: (719) 668-8000 and: The City of Aurora, acting by and through its Utilities Enterprise, Utilities Department, 15151 E. Alameda Parkway, Suite 3600, Aurora, Colorado 80012, Phone: (303) 695-7370. Counsel for the Applicant: Mary M. Hammond and William A. Paddock, Carlson, Hammond and Paddock, L.L.C., 1700 Lincoln Street, Suite 3900, Denver, CO 80203, Phone: (303) 861-9000, Mark D. Shea, City Attorney’s Office-Utilities, 121 So. Tejon St., Fourth Floor, P.O. Box 1103, Mail Code 0940, Colorado Springs, CO 80947, Phone: (719) 668-8050, John M. Dingess, Duncan, Ostrander & Dingess, P.C., 3600 Yosemite Street, Suite 500, Denver, CO 80237, Phone: (303) 779-0200. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. 2. Names of Structures: A. Resolution Creek Reservoir B. Lower East Fork Reservoir C. Eagle Park Reservoir D. Eagle Park Wetland Irrigation System E. Eagle Park Aquifer Well Field F. Homestake Project structures, including: Homestake Conduit, East Fork Conduit, Homestake Tunnel, Homestake Reservoir, Eagle Arkansas Ditch 3. Describe conditional water rights: A. Resolution Creek Reservoir: 1. Original Decree: Case No. 88CW449, District Court Water Division No. 5 Date: August 20, 2002. 2. Location and Legal Description: The dam is located within the NE1/4 of the NW1/4, the SE1/4 of the NW1/4, the NW1/4 of the NE1/4, and the SW1/4 of the NE1/4 of Section 11, T.7S, R80W. of the 6th P.M. The center of the dam axis is located approximately 1510 feet south of the north section line and 2410 feet west of the east section line of said Section 11. 3. Source: Resolution Creek and Pearl Creek, tributaries to the Eagle River 4. Appropriation Date: December 19, 1988. 5. Amount: 5,000 a-f conditional. 6. Use: Wetland creation and irrigation, exchange, augmentation, recharge, municipal, commercial, industrial, snowmaking, recreation, fishery, wildlife and all other beneficial uses. More specifically, water in storage can be utilized for the replacement of out of priority consumptive water use associated with wetland restoration at Eagle Park; the augmentation of transbasin diversions; for purposes of developing vested or conditionally-decreed water rights, including the Homestake Project, by meeting federal, state, and local permit conditions which necessitate the use of water resources; and for in-basin use within the Eagle and Colorado River basins. 7. Depth (if well): N/A. B. Lower East Fork Reservoir: 1. Original Decree: Case No. 88CW449, District Court Water Division No. 5 Date: August 20, 2002. 2. Location and Legal Description: The dam is located within the NE1/4 of the SW1/4, the SE1/4 of the SW1/4, the NW1/4 of the SE1/4, and the SW1/4 of the SE1/4 of Section 24, T.7 S., R.80W. of the 6th P.M. The center of the dam axis is located approximately 1065 feet north of the south section line and 2590 feet east of the west section line of said Section 24. 3. Source: East Fork of the Eagle River and Cataract Creek, tributaries to the Eagle River. 4. Appropriation Date: December 19, 1988. 5. Amount: 2,500 acre-feet, conditional. 6. Use: Wetland creation and irrigation, exchange, augmentation, recharge, municipal, commercial, industrial, snowmaking, recreation, fishery, wildlife and all other beneficial uses. More specifically, water in storage can be utilized for the replacement of out of priority consumptive water use associated with wetland restoration at Eagle Park; the augmentation of transbasin diversions; for purposes of developing vested or conditionally-decreed water rights, including the Homestake Project, by meeting federal, state, and local permit conditions which necessitate the use of water resources; and for in-basin use within the Eagle and Colorado River basins. 7. Depth (if well): N/A. C. Eagle Park Reservoir: 1. Original Decree: Case No. 88CW449, District Court Water Division No. 5 Date: August 20, 2002. 2. Location and Legal Description: a. The Eagle Park Reservoir is surface and underground storage located entirely within T.7S., R.80W. of the 6th P.M. The lands occupy approximately 1450 surface acres, more or less, within the following sections of T. 7 S., R. 80 W., 6th P.M.: Section 3: Part of the SW1/4 of the SW1/4, Section 4: Part of the SE1/4, Section 9: Part of the E1/2, Section 10: Part of the W1/2 of the NW1/4, Part of the NW1/4 of the SW1/4. Part of the S1/2 of SW1/4, Part of the SW1/4 of the SE14, Section 15: Part of the W1/2, Part of the W1/2 of the NE1/4, Part of the SE1/4, Section 16: Part of the E1/2 of the NE1/4, Part of the NW1/4 of the NE1/4, Section 22: Part of the E1/2, Part of the E1/2 of the NW1/4, Part of the NE1/4 of the SW1/4, Section 23: Part of the S1/2, Part of the S1/2 of the NW1/4, Part of the SW1/4 of the NE1/4, Section 24: Part of the SW1/4. b. Water will be stored in the Eagle Park Reservoir above the naturally occurring groundwater table by means of


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artificial recharge through the construction of numerous groundwater retention structures, check dams, and other facilities. Water will be stored within the surface stream channel and also within and/or above the alluvium and/or other surficial deposits adjacent to the Eagle River and its tributaries within the identified Eagle Park Reservoir site. Groundwater retention structures may include, but will not be limited to, the following locations within T.7S., R.80W. of the 6th P.M. Structure No. Section Approximate Location 1 4 180 feet West of the East section line, 615 feet North of the South section line 2 3 50 feet East of the West section line, 50 feet North of the South section line 3 10 410 feet East of the West section line, 2250 feet South of the North section line 4 9 270 feet West of the East section line, 1500 feet North of the South section line 5 9 460 feet West of the East section line, 230 feet North of the South section line 6 10 660 feet East of the West section line, 310 feet North of the South section line 7 15 1040 feet East of the West section line, 1980 feet North of the South section line 8 15 2280 feet East of the West section line, 1660 feet North of the South section line 9 22 1210 feet West of the East section line, 2310 feet South of the North section line 10 23 1090 feet East of the West section line, 840 feet North of the South section line 11 23 910 feet West of the East section line, 1230 feet North of the South section line, 12 15 1610 feet East of the West section line, 1720 feet South of the North section line 3. Source: The Eagle River and all streams and other water sources tributary to the Eagle River within the identified reservoir boundary. 4. Appropriation Date: December 19, 1988. 5. Amount: 3,500 acre-feet, conditional. 6. Use: Wetland creation and irrigation, exchange, augmentation, recharge, municipal, commercial, industrial, snowmaking, recreation, fishery, wildlife and all other beneficial uses. More specifically, water in storage can be utilized for the replacement of out of priority consumptive water use associated with wetland restoration at Eagle Park; the augmentation of transbasin diversions; for purposes of developing vested or conditionally-decreed water rights, including the Homestake Project, by meeting federal, state, and local permit conditions which necessitate the use of water resources; and for in-basin use within the Eagle and Colorado River basins. 7. Depth (if well): N/A. D. Eagle Park Wetland Irrigation System: 1. Original Decree: Case No. 88CW449, District Court Water Division No. 5, Date: August 20, 2002. 2. Location and Legal Description: a. The Eagle Park Wetland Irrigation System is located entirely within T.7S., R.80W. of the 6th P.M. It is estimated that the irrigation system will occupy up to 275 acres located within the 1,450 acres described in Paragraph 3.C.2.a. above. b. Points of diversion include the following, all in T. 7 S., R. 80 W., 6th P. M., although such points may be relocated or added within the Eagle Park area (subject to Division Engineer approval) as described in paragraph V.C. of the decree in Case No. 88CW449 (paragraph 3.C.2.a above), or deleted based upon actual conditions encountered upon the site and Forest Service or other requirements. Structure No. Section Approximate Location


PAGE 7

1 4 180 feet West of the East section line, 615 feet North of the South section line 2 3 50 feet East of the West section line, 50 feet North of the South section line 3 10 410 feet East of the West section line, 2250 feet South of the North section line 4 9 270 feet West of the East section line, 1500 feet North of the South section line 5 9 460 feet West of the East section line, 230 feet North of the South section line 6 10 660 feet East of the West section line, 310 feet North of the South section line 7 15 1040 feet East of the West section line, 1980 feet North of the South section line 8 15 2280 feet East of the West section line, 1660 feet North of the South section line 9 22 1210 feet West of the East section line, 2310 feet South of the North section line 10 23 1090 feet East of the West section line, 840 feet North of the South section line 11 23 910 feet West of the East section line, 1230 feet North of the South section line, 12 15 1610 feet East of the West section line, 1720 feet South of the North section line 3. Source: The Eagle River and all streams and other water sources tributary to the Eagle River within the identified irrigation system boundary. 4. Appropriation Date: December 19, 1988. 5. Amount: 60 c.f.s. conditional. 6. Use: Wetland creation and irrigation. 7. Depth (if well): N/A. E. Eagle Park Aquifer Well Field: 1. Original Decree: Case No. 88CW449, District Court Water Division No. 5, Date: August 20, 2002. 2. Location and Legal Description: a. The Eagle Park Aquifer Well Field is located entirely within T.7S., R.80W. of the 6th P.M. It produces water from the Eagle Park Aquifer which underlies approximately 1450 surface acres described in Paragraph 3.C.2.a. above. b. Applicant intends to utilize the aforementioned groundwater through a series of wells operating as part of a well field. It is anticipated that there will be approximately 20 wells, though this number may be enlarged or diminished based upon specific site conditions and Forest Service requirements. Approximate legal descriptions, all within T. 7 S., R. 80 W., 6th P. M., are as follows: Well Name Approximate Location EP # 1 Located in NE1/4 of the NE1/4 Sec. 9 300 feet South of the North section line and 150 feet West of the East section line EP # 2 Located in the SW1/4 of the NE1/4 Sec. 10 1500 feet South of the North section line 300 feet East of the West section line EP # 3 Located in NE1/4 of the SE1/4 Sec. 9 1900 feet North of the South section line and 400 feet West of the East section line


PAGE 8

EP # 4 Located in SE1/4 of the SE1/4 Sec. 9 900 feet North of the South section line and 200 feet West of the East section line EP # 5 Located in NW1/4 of the NW1/4 Sec. 15 200 feet South of the North section line and 1200 feet East of the West section line EP # 6 Located in NE1/4 of the NW1/4 Sec. 15 1100 feet South of the North section line and 1500 feet East of the West section line EP # 7 Located in SE1/4 of the NW1/4 Sec. 15 2100 feet South of the North section line and 2000 feet East of the West section line EP # 8 Located in NE1/4 of the SW/14 Sec. 15 2200 feet North of the South section line and 1900 feet East of the West section line EP # 9 Located in NW1/4 of the SE1/4 Sec. 15 1400 feet North of the South section line and 2600 feet West of the East section line EP #10 Located in SE1/4 of the SW1/4 Sec. 15 900 feet North of the South section line and 2400 feet East of the West section line EP #11 Located in SW1/4 of the SE1/4 Sec. 15 300 feet North of the South section line and 2100 feet West of the East section line EP #12 Located in NW1/4 of the NE1/4 Sec. 22 400 feet South of the North section line and 2400 feet West of the East section line EP #13 Located in NW1/4 of the NE1/4 Sec. 22 1100 feet South of the North section line and 1500 feet West of the East section line EP #14 Located in SW1/4 of the NE1/4 Sec. 22 2000 feet South of the North section line and 1700 feet West of the East section line EP #15 Located in SE1/4 of the NE1/4 Sec. 22 2100 feet South of the North section line and 800 feet West of the East section line EP #16 Located in NE1/4 of the SE1/4 Sec. 22 1900 feet North of the South section line and 500 feet West of the East section line EP #17 Located in SE1/4 of the SE1/4 Sec. 22 1200 feet North of the South section line and 900 feet West of the East section line


PAGE 9

EP #18 Located in SW1/4 of the SW1/4 Sec. 23 1200 feet North of the South section line and 600 feet East of the West section line EP #19 Located in SE1/4 of the SW1/4 Sec. 23 1100 feet North of the South section line and 1900 feet East of the West section line EP #20 Located in SW1/4 of the SE1/4 Sec. 23 1300 feet North of the South section line and 2100 feet West of the East section line Applicant shall provide exact locations for such wells at the time of application for well permits. 3. Source: The Eagle Park Aquifer Well Field withdraws water from the alluvium of the Eagle River and from all streams and other underground and surface water sources tributary to the Eagle River within the area described in Paragraph 3.E.2 above. 4. Appropriation Date: December 19, 1988. 5. Amount: 60 c.f.s., not to exceed 5,000 acre-feet per year; 1350 g.p.m. (3 c.f.s.) for each well. 6. Use: Wetland creation and irrigation, exchange, augmentation, recharge, municipal, commercial, industrial, recreation, snowmaking, fishery, wildlife and all other beneficial uses. The total number of acres proposed to be irrigated is 600 acres. In addition, Applicant intends to utilize the water rights for purposes of developing its vested or conditionally-decreed water rights, including the Homestake Project, for transmountain diversions, and to meet federal, state, and local permit conditions which necessitate the use of water resources. Applicant may also use or sell water from this source, for municipal, commercial, industrial, snowmaking, recreation, fishery, wildlife, exchange, augmentation, and all other beneficial uses in the Colorado River basin. Finally, Applicant may use water withdrawn from the wells for purposes of augmenting out of priority depletions by direct replacement of water to the streams identified herein. 7. Depth (if well): Up to 750 feet, more or less. F. 1988 Homestake Exchange: 1. Original Decree: Case No. 88CW449, District Court Water Division No. 5, Date: August 20, 2002. 2. Location and Legal Description: a. Exchange From points: Homestake Project, including: 1. Homestake Conduit. The Homestake Conduit receives and delivers appropriated water to Homestake Reservoir for conveyance to Homestake Tunnel or storage in the reservoir from the following sources:

Stream or Other Source of Supply

Point of Diversion

Amount Cubic Feet Per Second of Time

Unnamed Creek Alternate Point:

S 86◦ 25’E 35,177 ft. to NW cor 6-7S-80W S 86◦ 4.7’E, 35,286 ft. to NW cor 6-7S-80W

60 C*

West Cross Creek Alternate Point:

N 81◦ 58’E 36,256 ft. to NW cor 6-7S-80W N 79◦ 52.5’E 38,572 ft. to NW cor 6-7S-80W

200 C*

Cross Creek Alternate Point:

N 81◦ 26’E 35,064 ft. to NW cor 6-7S-80W N 75◦ 59.9’E 36,569 ft. to NW cor 6-7S-80W

300 C*

East Cross Creek Alternate Point:

S 74◦ 11’E 26,649 ft. to NW cor 6-7S-80W S 74◦ 52.9’E 25,882 ft. to NW cor 6-7S-80W

130 C*

Fall Creek Alternate Point:

S 82◦ 55’E 12,812 ft. to NW cor 6-7S-80W N 83◦ 01.8’E 14,320 ft. to NW cor 6-7S-80W

260 C*

Peterson Creek Alternate Point:

S 64◦ 05’E 6,822 ft. to NW cor 6-7S-80W S 76◦ 2.9’E 6,474 ft. to NW cor 6-7S-80W

50 C*

Unnamed Creek Alternate Point:

S 76◦ 45’E 10,572 ft. to SW cor 18-7S-80W S 73◦ 26.5’E 10,896 ft. to SW cor 18-7S-80W

50 C*

Whitney Creek Alternate Point:

N 81◦ 42’E 13,489 ft. to SW cor 18-7S-80W N 83◦ 27.8’E 13,879 ft. to SW cor 18-7S-80W

80 C*

French Creek S 82◦ 18.3’E 20,988 ft. to NW cor 31-7S-80W 60.1 A* 119.9 C*


PAGE 10

Fancy Creek N 85◦ 10.5’E 25,280 ft. to NW cor 31-7S-80W 38.6 A* 91.4 C*

Missouri N 77◦ 12.4’E 28,800 ft. to NW cor 31-7S-80W 39.8 A* 80.2 C*

Sopris Creek N 74◦ 7.6’E 29,848 ft. to NW cor 31-7S-80W 41.3 A* 118.7 C*

Small unnamed streams, springs, seeps, sheet flows and ground waters along Homestake Conduit

120 C* ________

Total . . . . . . . . . . . . . 179.8 A* 1,660.2 C*

* A = ABSOLUTE * C = CONDITIONAL Said amounts from any and all sources are limited by the capacity of the Homestake Conduit from its lowest diversion to Homestake Reservoir to 1,530 cubic feet per second of time. 2. East Fork Conduit. The East Fork Conduit diverts water from the East Fork of Homestake Creek pursuant to its appropriation of 70.8 cubic feet per second of time ABSOLUTE and 189.2 cubic feet per second of time CONDITIONAL therefrom and conveys these waters to Homestake Reservoir for conveyance to Homestake Tunnel or storage in the reservoir, said East Fork Conduit having a capacity of 260 cubic feet per second of time and a total length of approximately 3093 feet. The point of diversion of said conduit is on East Fork Homestake Creek at a point whence the Northwest Corner of Section 31, T7S, R80W bears North 55° 40.5' East, 22,917 feet. 3. Homestake Tunnel. Homestake Tunnel under the Continental Divide for the conveyance of water into the Arkansas River Basin with its intake located at a point under Homestake Reservoir whence the Northwest corner of Section 10, T9S, R81 W of the 6th P.M. bears South 15° 27’08” East 26,173.03 feet appropriates a maximum amount of 10 cubic feet per second of time CONDITIONAL of water seeping and percolating into Homestake Tunnel from former Water District No. 37 areas and 300 cubic feet per second of time ABSOLUTE from Middle Fork of Homestake Creek, at its said Northerly portal, its point of diversion; said tunnel has a length of 27,400 feet and a capacity of 700 cubic feet per second of time. The tunnel will convey out of former Water District No. 37 up to 700 cubic feet per second of time of waters appropriated by the tunnel from the Middle Fork of Homestake Creek, together with water appropriated by the tunnel from the Homestake Creek and East Fork Conduits and Homestake Reservoir, to an outlet at a point from where the Northwest corner of Section 10, T9S, R81W of the 6th P.M. bears North 6°40'52" East, a distance of 2,173.54 feet. 4. Homestake Reservoir. Homestake Reservoir, also known as Elliott-Weers Reservoir, has a capacity of 83,338.98 acre feet CONDITIONAL, is located on Homestake Creek with a dam whence Homestake Peak bears South 73° 26' East 10,477 feet from the easterly end thereof and South 74° 57' East 13,347 feet from the westerly end thereof, said dam having a maximum height of 411.5 feet and a length of 3,380 feet. The sources of supply of said reservoir are Homestake Conduit (the sources of this conduit are set forth above), East Fork Conduit (the source of this conduit is set forth above), the Middle Fork of Homestake Creek and Homestake Creek and said reservoir has appropriated for storage 83,338.98 acre feet annually from said sources. Homestake Reservoir also conveys water from Homestake Conduit and East Fork Conduit to Homestake Tunnel. Existing Homestake Reservoir has a storage capacity of 43,504.7 acre feet ABSOLUTE and is located on Homestake Creek with a dam whence the NW Corner of Section 31, T7S, R80W of the 6th P.M. bears North 58° 30.6' East 24,659 feet from the East dam abutment and North 62° 25.8' East 25,746 feet from the West dam abutment; said dam has a maximum height of 265.0 feet and a length of 1,996 feet. The sources of supply of said existing Homestake Reservoir are Homestake Conduit, East Fork Conduit, the Middle Fork of Homestake Creek and Homestake Creek. Existing Homestake Reservoir has appropriated 43,504.7 acre feet annually from said sources and also conveys water from Homestake Conduit and East Fork Conduit to Homestake Tunnel. 5. Eagle-Arkansas Ditch. The Eagle-Arkansas Ditch receives and delivers into the Tennessee Pass Tunnel for conveyance under the Continental Divide and out of former Water District No. 37 into the Arkansas River Basin the water appropriated from the following sources:

Stream or Other Source of Supply

Point of Diversion

Amount Cubic Feet Per Second of Time

(Bearing and distance to land Corners of the Sections, Ranges and Townships Indicated, all refer to 6th P.M.)

Cataract Creek S 54◦ 46’35”W 3,147.15 ft. to E/4 cor Sec 24-7S-80W 90 C*

Sheep Gulch S 61◦ 59’03”W 262.66 ft. to NW cor Sec 29-7S-79W 20 C*


PAGE 11

East Fork Eagle River

N 27◦ 54’39”E 1,328.12 ft. to E/4 cor Sec 32-7S-79W 230 C*

Jones Gulch N 29◦ 19’38”E 826.82 ft. to E/4 cor Sec 26-7S-80W 90 C*

Fiddler Creek N 83◦ 20’47”W 1,360.22 ft. to NW cor Sec 2-8S-80W 30 C*

Taylor Gulch S 9◦ 55’55”W 6,128.68 ft. to SW cor Sec 11-8S-80W 20 C*

Piney Creek S 52◦ 18’04”W 2,193.82 ft. to SW cor Sec 11-8S-80W 20 C*

Small unnamed streams, springs, seeps, sheet flows and ground water along Eagle-Arkansas Ditch, one of which is located at a point on an unnamed tributary of the East Fork of The Eagle River whence the S¼ cor of S¼ cor of Sec 29-7S-79W of the 6th P.M. bears S60◦9'47"W, a distance of 1,551.06 ft.

30 C* ________

Total . . . . . . . . . . . . 530 C* * A = ABSOLUTE * C = CONDITIONAL The original Decree for the Homestake Project was entered in Civil Action No. 1193, Eagle County District Court, on June 8, 1962; these rights have been made absolute in part, and the remaining conditional components have been the subject of subsequent diligence findings, with the most recent entered in Case No. 06CW225 on September 17, 2007. The legal descriptions of certain of the remaining conditional water rights of the Homestake Project were corrected, and alternate points of diversion added, by the Decrees entered by the District Court in and for Water Division No. 5 in Cases No. 85CW151, 85CW582 and 85CW583 on August 10, 1988, and in Case No. 06CW225 on September 17, 2007. b. Exchange To points: 1. Resolution Creek Reservoir, described in Paragraph 3.A.2 above. 2. Lower East Fork Reservoir, described in Paragraph 3.B.2 above. 3. Eagle Park Reservoir, described in Paragraph 3.C.2 above. 4. Eagle Park Wetland Irrigation System, described in Paragraph 3.D.2 above. 5. Eagle Park Aquifer Well Field, described in Paragraph 3.E.2 above. 3. Source/Reaches of Stream affected: The Eagle River and each of its tributaries between the points of diversion or storage described in paragraph 3.F.2.a. above as sources of exchange and the structures for diversion or storage by exchange as described in paragraph 3.F.2.b. above. 4. Priority Date: December 19, 1988. 5. Amount: a. The component parts of the Homestake Project were awarded conditional priorities in the amounts set forth in paragraph 3.F.2.a. above, and overall amounts and ditch or reservoir numbers and priority numbers as follows:

Number of Ditch

Name of Ditch or Reservoir

Original Construction or Enlargement

Priority No.

Water Allowed

358 ½ A Homestake Conduit Original 536 ½ A 179.8 cfs A* 1660.2 cfs C*

358 ½ B East Fork Conduit Original 536 ½ B 70.8 cfs A* 189.2 cfs C*

358 ½ C Homestake Tunnel Original 536 ½ C 300 cfs A*

358 ½ D Homestake Reservoir Original 536 ½ D 43,504.7AF A* 83,338.98AF C*

358 ½ E Eagle-Arkansas Ditch Original 536 ½ E 530 cfs C* * A = ABSOLUTE * C = CONDITIONAL b. The Exchange allows diversion or storage by exchange at any combination of the structures described in paragraph 3.F.2.b. above of such amounts as would be available in priority for diversion or storage at decreed points of diversion or storage for the Homestake Project’s conditional water rights as more fully described in paragraph 3.F.2.a. above. c. Also, Applicant is allowed to exchange for diversion or storage at the structures described in paragraph 3.F.2.b. above, any amount required to be bypassed to maintain minimum flow levels within the stream or to meet conditions imposed by any federal, state or local permitting agency. The bypass flow amounts now quantified are as follows: Diversion point Bypass amount West Cross Creek 5 c.f.s.


PAGE 12

Cross Creek 4 c.f.s. East Cross Creek 3 c.f.s. Fall Creek 3 c.f.s. French Creek 1.67 c.f.s. Fancy Creek 1 c.f.s. Missouri Creek 3 c.f.s. Sopris Creek 2 c.f.s. East Fork Homestake Creek 2.67 c.f.s. Middle Fork Homestake Creek 6 c.f.s. Homestake Creek at Gold Park 24 c.f.s. The water which is not diverted or stored or is released at the points of diversion or storage described in paragraph 3.F.2.a. for the Homestake Project, including the bypasses described herein, shall be used to satisfy downstream rights in the Eagle or Colorado River basins in exchange for water being stored or diverted at the structures described in paragraph 3.F.2.b. above. All water diverted or stored by exchange may be used for such uses and at such places as described in Paragraphs 3.A.6, 3.B.6., 3.C.6, 3.D.6, and 3.E.6 and is subject to use, reuse and successive use to extinction for all beneficial uses as described therein including reuse and successive use to extinction of all return flows therefrom. d. Applicant shall operate the exchanges described above at an instantaneous flow rate not to exceed the decreed rates of flow or volumetric limits for all sources of exchange described herein. 6. Use: The uses decreed for the Exchange To structures as set forth in Paragraphs 3.A.6; 3.B.6; 3.D.6; 3.E.6 above. 7. Depth (if well): N/A. 4. Integrated System: The conditional water rights that are the subject of the decree in Case No. 88CW449 comprise features of an integrated water supply project, that is in turn integrated with the integrated Homestake Project. Further the conditional water rights herein and the Homestake Project are integrated into the water supply systems of the City of Colorado Springs and the City of Aurora. Diligence as to one portion of the integrated system constitutes diligence as to all portions thereof. 5. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: The Applicant and its constituent members, the City of Colorado Springs and the City of Aurora, engaged in extensive work during the diligence period, including the following: A. The Applicant continued negotiations with Objectors in Case No. 95CW272, District Court, Water Division No. 5, and entered into Stipulations with 4 out of the 23 Objectors in that case, which seeks to adjudicate changes of water right and augmentation plans and exchanges involving the water rights at issue herein, as well as additional new water rights to be developed and used in conjunction with and as part of an integrated water supply system with, the water rights at issue herein. C. The Applicant cooperated with various West Slope entities for adjudication and entry of a decree in Case No. 98CW270, District Court, Water Division No. 5 on February 6, 2003, which case adjudicated a plan for augmentation involving the water rights of the Homestake Project and the water rights decreed and to be decreed in Cases No. 88CW449 and 95CW272. Subsequently, the Applicant has operated pursuant to the decree and the augmentation plan decreed therein, diverting and releasing water from Homestake Reservoir as provided by the decree and by the 1998 Water Exchange Agreement with the Eagle Park Reservoir Company and others. D. The Applicant has continued to pursue development of a joint project or projects as contemplated by the 1998 MOU with Vail Associates, Upper Eagle River Regional Water Authority, Eagle River Water and Sanitation District, Cypress Climax Mining Company and the Colorado River Water Conservation District. E. On June 21, 2004, the City of Aurora entered into an additional Water Exchange Agreement with the Eagle Park Reservoir Company, the Colorado River Water Conservation District, the Eagle River Water and Sanitation District, the Upper Eagle Regional Water Authority, and Vail Associates, Inc. to supplement the 1998 Water Exchange Agreement using Aurora’s interest in the water rights of the Homestake Project to allow additional water to be augmented into and from Homestake Reservoir. F. In 2003, the City of Colorado Springs negotiated and executed a Memorandum of Agreement Regarding Colorado Springs Substitution Operations with the Colorado River Water Conservation District, the City and County of Denver, the Northern Colorado Water Conservancy District, the County of Summit, Vail Summit Resorts, Inc., and the Town of Breckenridge, and a related Memorandum of Agreement with the County of Summit, Vail Summit Resorts, Inc. and the Town of Breckenridge (collectively the 2003 MOA), which 2003 MOA clarifies and specifies the terms of certain substitution operations involving Colorado Springs’ Blue River Project water rights and its Homestake Project water rights. G. In December 2003, the City of Colorado Springs filed Case No. 03CW320 in the District Court in and for Water Division No. 5 to adjudicate the plan and method of operation described in the 2003 MOA, and made a related adjudication filing in the United States District Court for the District of Colorado (“federal District Court”), pursuant to that court’s continuing jurisdiction in Consolidated Cases No. 2782, 5016 and 5017 (the so-called “Blue River Decree”). Upon dismissal of the federal District Court action, Colorado Springs has continued to pursue adjudication of Case No. 03CW320. H. In August 2004, the City of Colorado Springs entered into a Memorandum of Understanding with the United States Bureau of Reclamation to perform NEPA work associated with the adoption and acceptance of the operations plan provided in the 2003 MOA. On-going NEPA work includes defining the federal action under consideration, scoping the environmental review and developing related project descriptions (Purpose and Need, Existing Conditions, and No Action alternative) and developing a Request for Proposal document for retaining an environmental consultant to perform the environmental review. Applicant has advanced $50,000 to the Bureau of Reclamation in connection with the environmental review to date. I. In December 2003, the City of Colorado Springs filed Case No. 03CW314 in the Division 5 Water Court seeking adjudication of absolute and conditional exchange rights to the Blue River Project from various points in the Colorado River basin, including the


PAGE 13

Homestake Project. Since the filing of the application, Applicant has continued to pursue adjudication of the exchanges described in the case. J. The City of Aurora is developing its Prairie Waters Project, a large comprehensive water supply, storage, and treatment project in which return flows to the South Platte River from Aurora’s water sources, including from the sources at issue here, may be rediverted. During this diligence period, Aurora filed and has prosecuted applications in Case No. 03CW414 (decreed on August 1, 2007), Case No. 03CW415 (decreed on May 14, 2008), and Case No. 06CW104, all in Water Division 1, to facilitate this project. The Prairie Waters Project is presently underway and over $215,120,000 has been spent toward implementation of this project during this diligence period. K. The City of Colorado Springs, in partnership with the City of Fountain and the Security Water District, is developing the Southern Delivery System (“SDS”) comprising a conveyance system to deliver water (including water derived from the conditional water rights herein) from the Arkansas River main stem to the Colorado Springs/Fountain/ Security area. During this diligence period, Colorado Springs and its partners have engaged in extensive engineering studies for the SDS facilities, including assistance with environmental studies; alignment studies for the raw water and finished water pipelines; conceptual reservoir sizing and locations, and schematic level design of the raw water pipeline, pumping stations, and water treatment plant. The SDS partners have funded the preparation by the United States Bureau of Reclamation (Reclamation) of an Environmental Impact Statement (EIS); the Draft EIS was completed and available for public review and comment through June 13, 2008. Further, because the SDS may involve construction in Pueblo County, Colorado Springs has additionally initiated the Pueblo County 1041 process by requesting a finding of no significant impact and participating in three pre-application meetings with Pueblo County staff to describe the project and answer questions. SDS expenditures during the diligence period have exceeded $73,000.000. L. Both cities have participated as Objectors in numerous water rights applications on the Eagle River and its tributaries in order to protect their water rights, including the water rights that are the subject of this application. M. Ongoing engineering and other work associated with the development of the water rights at issue has included the following: 1. An engineering analysis of alternative project configurations to develop the conditional rights was performed that identified and investigated 14 separate alternatives, as documented in the September 27, 2004 Grand River Consulting letter report on the Eagle River Alternatives Assessment Status Update. 2. Participation in the U.S.G.S. Eagle River Watershed Retrospective Assessment, which is a water quality assessment to establish a baseline of water quality information for use in the planning of Project components and operations. A draft report on the assessment is expected to be completed by September 30, 2008. 3. An engineering study of a potential enlargement of Homestake Reservoir, as documented in the November 19, 2002 Black & Veatch Memorandum on Homestake Dam Improvements. 4. Hydrologic studies of water availability on yields, for which no formal report was prepared. 5. Engineering analysis of a potential Wolcott Reservoir to determine, among other things, possible yields to the Homestake Project by exercise of conditional rights and exchanges, as documented in the June 2006, Wolcott Reservoir Feasibility Assessment. 6. Ongoing groundwater studies of the Camp Hale Aquifer, including test well drilling, water level monitoring, pumping test, aquifer characterization, and modeling work, for which no formal report has been prepared. 7. Outline of potential operation and administration of a conjunctive use project in the Camp Hale Aquifer (e.g., Eagle Park Aquifer Well Field) using the Homestake conditional water rights as documented in the September 2003 draft report, Proposed Operation and Administration of Camp Hale Conjunctive Use Project, by the Cities of Aurora and Colorado Springs, the Colorado River Water Conservation District, the Eagle Park Reservoir Company, the Eagle River Water and Sanitation District, the Upper Eagle Regional Water Authority, and Vail Associates, Inc. 8. Costs associated with the above activities during the diligence period exceeded $939,500. N. During the diligence period the Applicant made capital improvements to structures and facilities of the Homestake Project, including the Homestake collection system, and the Otero Pump Station and Pipeline and expended in excess of $27,882,000 for such capital improvements. O. During the diligence period, the City of Colorado Springs has expended significant sums upon its integrated water supply system, including the conditional water rights. Capital expenditures for Colorado Springs’ water supply system from August 2002 through August, 2008 exceed $269, 445,000. P. During the diligence period, the City of Aurora has expended significant sums upon its water supply system. Total capital expenditures for Aurora’s water supply system from August, 2002 through August, 2008 exceed $400,000,000, including expenditures in excess of $188,000,000 for the water supply system to which the Homestake Project and the conditional water rights that are the subject of this case are directly physically integrated. 6. Names and addresses of owner(s) 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: A. United States Forest Service, Holy Cross Ranger District-Cal Wettstein, District Ranger, P.O. Box 190, Minturn, CO 81645. (Diversion or Storage Structure: Resolution Creek Reservoir; Lower East Fork Reservoir; Eagle Park Reservoir; Eagle Park Wetland Irrigation System; Eagle Park Aquifer Well Field; Homestake Tunnel Inlet; Homestake Reservoir; East Fork Conduit; all Homestake Conduit diversion points; Cataract Creek, Sheep Gulch, East Fork Eagle River, Jones Gulch, and Piney Creek diversion points of Eagle-Arkansas Ditch). B. United States Forest Service, Leadville Ranger District- Jim Zornes, District Ranger, 2015 N. Poplar St., Leadville, CO 80461. (Diversion or Storage Structure: Homestake Tunnel Outlet). C. Marjorie Westermann, P.O. Box 885, Leadville, CO 80461. (Diversion or Storage Structure: Taylor Gulch diversion of Eagle-Arkansas Ditch)1. [Parcel owned is within approximately 100 feet of decreed diversion point.] D. Arlon A. Sparkman, 900 W. 7th Ave. Dr., Broomfield, CO 80020. (Diversion or Storage Structure: Taylor Gulch diversion of Eagle-Arkansas Ditch)2. [Parcel owned is within approximately 100 feet of decreed diversion point.] D. William D. and Melinda L. Boyd, 2880 So. York St., Denver, CO 80210-6035. (Diversion or Storage Structure: Fiddler Creek diversion of Eagle-Arkansas Ditch)3. [Parcel owned is within approximately 100 feet of decreed diversion point.] E. Gregory A. Carretto and Steven J. Pittel, P.O. Box 2018, Vail, CO 81658.


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(Diversion or Storage Structure: Eagle Park Wetlands Irrigation System Structure No. 5). WHEREFORE, Applicant requests that a finding of reasonable diligence be entered, and the conditional water rights that are the subject of this application be continued in force. (24 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of OCTOBER 2008 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 8. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF AUGUST 2008. 08CW112 GUNNISON COUNTY-SPRING TRIBUTARY TO THE CRYSTAL RIVER. H. Lee Bowers, II & Melissa Bowers; 4335 County Rd. 3; Marble, CO 81623 (970)704-9844. Middleton Spring-Application for Water Rights (Surface). Location: NW¼ NW¼ of Sec. 27, T.11S, R. 88W. of the 6th P.M. 600 ft. from the North sec. line and 780 ft. from the West sec. line. Appropriation: Oct. 15, 1993. Amount: 0.03cfs, absolute. Use: domestic and irrigation. (9 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of OCTOBER 2008 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 9. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF AUGUST 2008. 08CW113 Garfield and Eagle Counties; Roaring Fork River. Mid Valley Metropolitan District and River Oaks on the Roaring Fork Property Owners Association, Inc., c/o Karl J. Hanlon, Esq. and Rosalie C. Olson, Esq., Leavenworth & Karp, P.C., P.O. Drawer 2030, Glenwood Springs, CO 81602. (970) 945-2261. Application for Change of Water Right and Application for Amendment to Plan for Augmentation. First Claim; Application for Change of Water Right. Name of structure: Cox and Henry Ditch, Priority No. 282. From previous decree: Date entered: August 25, 1936, in Civil Action No. 3082, Garfield County District Court. Decreed point of diversion: The headgate is located on the bank of the Roaring Fork River at a point in Section 11, Township 8 South, Range 87 West of the 6th P.M. whence the South 1/4 Corner of Section 11 bears South 12 degrees 46' West 1,152.4 feet. Source: Roaring Fork River. Appropriation date: September 1, 1885. Amount: 3.0 c.f.s., absolute. Amount owned by Applicant Mid Valley Metropolitan District: 0.73 c.f.s. Amount owned by Applicant River Oaks on the Roaring Fork Property Owners Association: 0.25c.f.s. Historic use: Irrigation. Proposed change: The Applicant is not proposing any change of use or location of use. The only change is clerical to correct the legal description of the decreed point of diversion to accurately reflect its location. The correct legal description of the headgate of the Cox & Henry Ditch is as follows: The headgate is located in the Northeast 1/4 of the Southwest 1/4 of Section 11, Township 8 South, Range 87 West of the 6th P.M., at a point 2,200 feet from the South section line and 2,790 feet from the East section line of said Section 11. Name and address of owner of land on which structure is located: Rachel R. Hahn, 160 River Oaks Lane, Basalt, CO 81621. Second Claim; Application for Change of Water Right. Name of structure: Cox and Henry Ditch, Priority No. 331. From previous decree: Date entered: August 25, 1936, in Civil Action No. 3082, Garfield County District Court. Decreed point of diversion: The headgate is located on the bank of the Roaring Fork River at a point in Section 11, Township 8 South, Range 87 West of the 6th P.M. whence the South 1/4 Corner of Section 11 bears South 12 degrees 46' West 1,152.4 feet. Source: Roaring Fork River. Appropriation date: September 1, 1900. Amount: 3.0 c.f.s., absolute. Amount owned by Applicant Mid Valley Metropolitan District: 0.73 c.f.s. Amount owned by Applicant River Oaks on the Roaring Fork Property Owners Association: 0.25c.f.s. Historic use: Irrigation. Proposed change: The Applicant is not proposing any change of use or location of use. The only change is clerical to correct the legal description of the decreed point of diversion to accurately reflect its location. The correct legal description of the headgate of the Cox & Henry Ditch is as follows: The headgate is located in the Northeast 1/4 of the Southwest 1/4 of Section 11, Township 8 South, Range 87 West of the 6th P.M., at a point 2,200 feet from the South section line and 2,790 feet from the East section line of said Section 11. Name and address of owner of land on which structure is located: Rachel R. Hahn, 160 River Oaks Lane, Basalt, CO 81621. Third Claim; Application for Amendment to Plan for Augmentation. On September 28, 1994, the District Court in and for Water Division No. 5, State of Colorado, entered a Third Decree in Consolidated Case Nos. 85CW591 and 90CW74. The Third Decree decreed a plan for augmentation to provide a legal water supply for the Mid Valley Metropolitan District. The Cox & Henry Ditch was included as a source of water in the plan for augmentation. The Applicant proposes to amend the plan for augmentation only to the extent necessary to accurately reflect the Cox & Henry Ditch headgate location. The water diversion


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requirements, consumptive use and depletions for the original plan for augmentation will not be increased or changed by this application. Name and address of owner of land on which structure is located: Rachel R. Hahn, 160 River Oaks Lane, Basalt, CO 81621. Exhibits: Exhibit A: Map of Cox & Henry Ditch decreed point of diversion and actual point of diversion. Exhibit B: Colorado Division of Water Resources Structure Summary Report for Cox & Henry Ditch, including diversion records. Exhibit C: A copy of the decree for the Cox & Henry Ditch entered in Civil Action No. 3082. Exhibit D: A copy of the Third Decree entered in Consolidated Case Nos. 85CW591 and 90CW74. (Application - 6 pages. Attachments - 16 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of OCTOBER 2008 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 10. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF AUGUST 2008. 08CW114 Garfield County, Garfield Creek. Application for Diligence and To Make Partially Absolute. David Alderson and Bernard R. Long, c/o Jefferson V. Houpt, Beattie, Chadwick & Houpt, LLP, 932 Cooper Ave, Glenwood Springs, CO, 970-945-8659. Long Alder Spring: Original Decree: 8/26/02. Case. 01CW183, Located in the SW1/4 NE1/4 Sec 32, T 6 S, R 90 W, 6th P.M., at latitude 39°29'16.0" N and longitude 107°27'36.6" W, 1,400 ft W of the E sec line and 1,875 ft S of N sec line of said Sec 32. Source: Groundwater trib to Garfield Creek, trib to Colorado River. Approp Date: 11/1/00. Amount and Uses: 0.01 cfs (5 g.p.m.), conditional for domestic and irrigation. Long Alder Pond: Decree: 8/26/02, Case 01CW183. The pond is located in the SW1/4 NE1/4 Sec 32, T 6 S, R 90 W 6th P.M., at latitude 39°29'14.9" N and longitude 107°27'38,8" W, 1,570 ft W of the E sec line and 1,935 S of the N sec line of said Section 32. The pond is filled with water diverted from Garfield Creek through the Williams Ditch No. 2, the headgate of which is located in the NW1/4 SE1/4 NE1/4 Sec 32, T 6 S, R 90 West of the 6th P.M. Source: same as above. Approp Date: 11/1/00. Amount and Uses: 0.5 acre ft, conditional, with the right to fill and refill in priority. Max rate of fill: 0.5 c.f.s., for fire protection, aesthetic, and augmentation. The application contains an outline of activities that constitute diligence. Application to make absolute: Long Alder Spring: Date of use: 6/15/04. Water was diverted at a rate of 0.01 c.f.s. (5 g.p.m.) for irrigation and domestic use for one ADU. Long Alder Pond: Date of use: 5/31/04. 0.5 acre feet for fire protection, aesthetic and augmentation purposes. Water was released in accordance with the plan for augmentation decreed in Case No. 01CW183. (6 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of OCTOBER 2008 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 11. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF AUGUST 2008. 08CW115 (01CW121), (00CW301), (94CW19). IN SUMMIT COUNTY, COLORADO. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE WATER RIGHTS ABSOLUTE. IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF THE UTE PEAK RIDGE ASSOCIATION. DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO, 109 - 8th Street, Suite 104, Glenwood Springs, CO 81601. 1. Name, address and telephone number of applicant: Ute Peak Ridge Association (“Association”), c/o Sue Counihan, President, P.O. Box 1507, Frisco, CO 80443, 970-668-5774. Direct all pleadings to: Kristin Howse Moseley, Esq., Eli A. Feldman, Esq., Porzak Browning & Bushong LLP, 929 Pearl Street, Suite 300, Boulder, Colorado 80302. 2. Name of structures: Counihan Well Nos. 1 through 7, inclusive (collectively, the “Counihan Wells”). 3. Description of conditional water rights: (a) Decree: Originally decreed by the District Court in and for Water Division No. 5 (the “Water Court”) in Case No. 94CW19 on April 19, 1995. On August 26, 2002, a finding of reasonable diligence for the subject water rights was granted by the Water Court in Case No. 01CW121. By separate decree entered on August 26, 2002, in Case No. 00CW301, the Water Court: (a) approved a change in the location of Counihan Well No. 1, Counihan Well No. 2 and Counihan Well No.3, as set forth in paragraph 3(b) below, and (b) approved a change in the place of use for all Counihan Wells to 100 acres in the S1/2 NW1/4 NE1/4 and S1/2 NE1/4 of Section 20, T. 3 S., R. 78 W., 6th P.M., Summit County, Colorado. (b) Decreed locations: 1. Counihan Well No. 1, as changed by the decree in Case No. 00CW301, was decreed to be drilled within the boundaries of a 20 acre parcel generally located in the S1/2 NW1/4 NE1/4 of Section 20, T. 3 S., R. 78 W., 6th P.M., Summit County, Colorado. 2. Counihan Well No. 2, as changed by the decree in Case No. 00CW301, was decreed to be drilled within the boundaries of a 20 acre parcel generally located in the W1/2 SW1/4 NE1/4 of Section 20, T. 3 S., R. 78 W., 6th P.M., Summit County, Colorado. 3. Counihan Well


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No. 3, as changed by the decree in Case No. 00CW301, was decreed to be drilled within the boundaries of a 20 acre parcel generally located in the E1/2 SW1/4 NE1/4 of Section 20, T. 3 S., R. 78 W., 6th P.M., Summit County, Colorado. 4. Counihan Well No. 4 was decreed to be drilled within the boundaries of a 20 acre parcel generally located in the E1/2 NE1/4 NE1/4 of Section 20, T. 3 S., R.78 W., 6th P.M., Summit County, Colorado. 5. Counihan Well No. 5 was decreed to be drilled within the boundaries of a 20 acre parcel generally located in the W1/2 SE1/4 NE1/4 of Section 20, T. 3 S., R.78 W., 6th P.M., Summit County, Colorado. 6. Counihan Well No. 6 was decreed to be drilled within the boundaries of a 20 acre parcel generally located in the W1/2 NE1/4 NW1/4 of Section 20, T. 3 S., R.78 W., 6th P.M., Summit County, Colorado. 7. Counihan Well No. 7 was decreed to be drilled within the boundaries of a 20 acre parcel generally located in the E1/2 NE1/4 NW1/4 of Section 20, T. 3 S., R.78 W., 6th P.M., Summit County, Colorado. (c) Source: Groundwater tributary to the Blue River. (d) Appropriation date: February 7, 1994. (e) Amount: 15g.p.m., each. (f) Use: Domestic, livestock and irrigation. (g) Conditional Exchange: The Counihan Wells are part of an integrated water supply system intended to serve residential development (the “Development”) in Section 20, T. 3 S., R. 78 W., 6th P.M. Out of priority depletions associated with the Development, as identified in the augmentation plan and decree in Case No. 94CW19, are to be replaced by water releases from Green Mountain Reservoir or from Counihan Pond, an absolute water right decreed in Case No. 94CW19. When replacing depletions with Green Mountain Reservoir water, the exchange reach extends from Green Mountain Reservoir (known as the lower terminus), upstream to the point on the Blue River where the depletions from the Counihan Wells, Spring and Pond impact the Blue River (known as the upper terminus), more particularly described as the NE1/4 of Section 19, T. 3 S., R. 78 W. of the 6th P.M., approximately 600 feet from the East line and 2050 feet from the North line of said Section 19. The maximum rate of exchange is 1 c.f.s., with a total volumetric limit on the exchange of 21 acre feet per year. The priority date for the exchange is March 3, 1993. 4. Water Rights Made Absolute: (a) Counihan Well No. 1: Applicant seeks confirmation that 8 g.p.m. (0.02 c.f.s.) of Counihan Well No. 1 has been made absolute for all decreed uses. Counihan Well No. 1 is permitted under State Engineer Well Permit No. 65530-F, attached hereto as Exhibit A. The Well Construction and Test Report, attached hereto as Exhibit B, shows that Counihan Well No. 1 was constructed on or about April 19, 2007. The Pump Installation and Test Report, attached hereto as Exhibit C, shows that the well produces water at a rate of 8 g.p.m. The well is located on land owned by Dan and Kellie Akers, known as Lot 1 of the Ute Peak Ridge Subdivision, in Summit County, Colorado, and has been used for domestic, irrigation and livestock purposes. (b) Counihan Well No. 2: Applicant seeks confirmation that 8 g.p.m. (0.02 c.f.s.) of Counihan Well No. 2 has been made absolute for all decreed uses. Counihan Well No. 2 is permitted under State Engineer Well Permit No. 61466-F, attached hereto as Exhibit D. The Well Construction and Test Report, attached hereto as Exhibit E, shows that Counihan Well No. 2 was constructed on or about September 2, 2004. The Pump Installation and Test Report, attached hereto as Exhibit F, shows that the well produces water at a rate of 8 g.p.m. The well is located on land owned by Gary and Helen Royal, known as Lot 5 of the Ute Peak Ridge Subdivision, in Summit County, Colorado and has been used for domestic, irrigation and livestock purposes. (c) Counihan Well No. 3: Applicant seeks confirmation that 10 g.p.m. (0.02 c.f.s.) of Counihan Well No. 3 has been made absolute for all decreed uses. Counihan Well No. 3 is permitted under State Engineer Well Permit No. 61833-FR, attached hereto as Exhibit G. The Well Construction and Test Report, attached hereto as Exhibit H, shows that Counihan Well No. 2 was constructed on or about July 27, 2007. The Pump Installation and Test Report, attached hereto as Exhibit I, shows that the well produces water at a rate of 10 g.p.m. The well is located on land owned by Tom and Kim Long, known as Lot 4 of the Ute Peak Ridge Subdivision, in Summit County, Colorado and has been used for domestic, irrigation and livestock purposes. (d) Exchange: Applicant seeks confirmation that the exchange described in paragraph 3(g) above has operated to the extent necessary to replace depletions occurring on Lots, 1, 4 and 5, Ute Peak Ridge Subdivision, by use of the Counihan Wells 1, 2 and 3 and to the extent necessary to replace depletions caused by evaporation from Counihan Pond, as set forth in the decree in Case No. 94CW19. Specifically, Applicant requests confirmation that the subject exchange has been made absolute at a rate of 26 g.p.m. (0.06 c.f.s.) and an annual volume of 9.45 acre feet. Applicant obtained Green Mountain Water Service Contract No. 5-07-60-W0391 on June 22, 1995, for 21 acre feet of augmentation water per year (attached hereto as Exhibit J) and has made annual payments under this contract since that time. 5. Detailed outline of work done to complete project and apply water to beneficial use: The Counihan Wells are components of an integrated water supply system for the Development. Work done on individual wells therefore demonstrates diligence for all Counihan Wells and the subject exchange. Since the last diligence decree was entered on August 26, 2002, Applicant has undertaken the following specific activities which demonstrate diligence with regard to the subject conditional rights: (a) Applicant has maintained its Green Mountain Reservoir contract, complied with its terms, and made annual payments of approximately $300 per year. (b) Applicant’s predecessor in interest, the Counihan Corporation, incurred legal expenses totaling approximately $2,500 associated with obtaining permits, and filing a Change of Water Rights Application with the Water Court that was approved in Case No. 00CW301, which changed the points of diversion for Counihan Well Nos. 1, 2, and 3 and changed the place of use for the plan for augmentation that serves the Development. (c) The Counihan Corporation conveyed four lots within the Ute Peak Ridge Subdivision, together with the associated Counihan Wells, to third party purchasers. (d) Three of the Counihan Wells were permitted, constructed and actually put to beneficial use; and (e) Jeffrey and Sue Counihan, of the Counihan Corporation, created the Ute Peak Ridge Association, which is prosecuting this application on behalf of the members, who are the users of the subject water rights. 6. Name and address of the owner of the land on which any new diversion or storage structure is or will be constructed, or upon which is or will be stored. (a) Kellie and Danny Akers, Lot 1, Ute Peak Ridge Subdivision, 845 Elk Run Road, Silverthorne, CO 80498. (b) Sue and Jeff Counihan, Lot 2, Ute Peak Ridge Subdivision, 132 Elk Run Road, Silverthorne, CO 80498. (c) TGR Land Company, Lot 3, Ute Peak Ridge Subdivision, 163 Elk Run Road, Silverthorne, CO 80498. (d) Kim and Tom


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Long, Lot 4, Ute Peak Ridge Subdivision, 273 Elk Run Road, Silverthorne, CO 80498. (e) Helen and Gary Royal, Lot 5, Ute Peak Ridge Subdivision, 372 Elk Run Road, Silverthorne, CO 80498. (f) James R. Phelps, 4746 Tallybrook Dr. NW, Keensaw, GA 30152, (g) Dan Stanescu, 918 Lindstrom Rd., Silverthorne, CO 80498-9564, (h) Henry E. Barr, 968 Lindstrom Rd., Silverthorne, CO 80498, (i) Dale Montagne Revocable Living Trust, 377 Elk Run Rd., Silverthorne, CO 80498. WHEREFORE, Applicant respectfully requests that the Court enter the following findings: (a) 8 g.p.m. (0.02 c.f.s.) of Counihan Well No. 1 has been made absolute for all decreed uses, and 7 g.p.m is continued as conditional; (b) 8 g.p.m. (0.02 c.f.s.) of Counihan Well No. 2 has been made absolute for all decreed uses, and 7 g.p.m. is continued as conditional; (c) 10 g.p.m. (0.02 c.f.s.) of Counihan Well No. 3 has been made absolute for all decreed uses, and 5 g.p.m. is continued as conditional; (d) the exchange decreed in Case No. 94CW19 has been made absolute at a rate of 26 g.p.m. (0.06 c.f.s.) and an annual volume of 9.45 acre feet; (e) Applicant has demonstrated reasonable diligence with respect to all other conditional water rights listed in paragraph 3 above, which are not made absolute in their entirety, and the same, including the remaining exchange potential, are continued in full force and effect as conditional water rights. (59 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of OCTOBER 2008 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 12. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF AUGUST 2008. 02CW369 EAGLE COUNTY. GYPSUM CREEK. Town of Gypsum, c/o Patrick, Miller & Kropf, P.C., Ramsey L. Kropf, Esq. and Paul L. Noto, Esq., 730 East Durant, Suite 200, Aspen, CO 81611, (970) 920-1028. AMENDED APPLICATION CHANGE IN WATER RIGHT AND PLAN FOR AUGMENTATION. Paragraph 3.B. of the original application is amended to include an updated legal description, in addition to the legal description that was originally decreed: The McBrayer Ditch decree states that the McBrayer Ditch headgate is located on the east bank of Gypsum Creek, at a point whence the Qtr. Section stone between Sections 18 and 19 bears S. 46" 10' E. 820 feet distant, in Eagle County. An updated point of diversion for the McBrayer Ditch locates the headgate in the SW ¼ of the SE ¼ of section 18, Township 5 South, Range 85 West of the 6th Principal Meridian, at a point approximately 210 feet from the south section line and 2,380 feet from the east section line. This is the location shown on the map in Exhibit A to the original application. Paragraph 4.B. of the original application is amended to include augmentation as a new use, so it should now read as follows: The Applicant seeks to change the type of use for its interests in the McBrayer Ditch for both priorities from irrigation to the following: augmentation, municipal, domestic, commercial, industrial, manufacturing, recreation, fire protection and irrigation uses for use within and by the municipal water supply system of the Town of Gypsum. This application is an augmentation plan only to the extent that the water rights changed in this case supplement the augmentation plans previously decreed in Case Nos. 85CW600, 93CW326 and 99CW299, and augment water use for additional growth in Gypsum. To the extent that the water rights changed herein are used as additional sources of augmentation water in the augmentation plans previously decreed in Case Nos. 85CW600, 93CW326 and 99CW299, all terms and conditions of the decrees in those cases shall remain applicable. Paragraph 4.D. is amended to remove three claimed alternate points of diversion at the Little G Intake (removes ¶4.D.2. from the original application), Gypsum Well No. 1 (removes ¶4.D.3. from the original application), and Gypsum Well No. 2 (removes ¶4.D.4. from the original application). Paragraph 5 is amended as follows: The name and address of the owner of the land upon which the point of diversion for the McBrayer Ditch is located is: Gerard Brothers Partnership, LLLP, 0899 Daggett Lane, Gypsum, CO 81637. The name and address of the landowners for the alternate point of diversion at the Norgaard Ditch is: Lisa Chaplin and Peter Johnson, Box 4541, Edwards, CO 81632. The place of use for water in this case is within the municipal service area of: The Town of Gypsum, 50 Lundgren Blvd., P.O. Box 130, Gypsum, CO 81637. The second claim for an appropriative right of exchange is deleted in its entirety. All previous statements of opposition will be of continuing force and effect and apply to this Amended Application, as will all stipulations and agreements resolving such opposition. (5 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of OCTOBER 2008 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 13. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF AUGUST 2008.


PAGE 18

07CW232 SUMMIT COUNTY, Tributary to Blue River, tributary to Colorado River. Applicant: Town of Dillon, 275 Lake Dillon Drive, P.O. Box 8, Dillon, Colorado 80435, 303-629-6342. (Steven P. Jeffers, Esq., Madoline E.S. Wallace, Esq., Bernard, Lyons, Gaddis & Kahn, P.C., P.O. Box 978, Longmont, CO 80502-0978, Phone: (303)776-9900) 2. Application and First Amendment: Applicant seeks to amend its Application for Conditional Appropriative Rights of Exchange filed with the Court of December 27, 2007 as described below. All other provisions of the Application remain as published in the December 2007 Resume. 3. Names and locations of structures and exchange reaches: All structures and exchange reaches are located in Summit County. a. Old Dillon Reservoir to Dillon Blue River Intake Exchange No. 2: The downstream terminus of the exchange is the confluence of the Blue River and Salt Lick Gulch in the SW¼ SE¼ of Section 12, T5S, R78W, 6th P.M. The upstream terminus is the Town of Dillon Blue River Intake, decreed at a point or points within the high waterline of Dillon Reservoir as the Blue River passes through Dillon Reservoir in the S½ SE¼ of Section 7, T5S, R77W, or the S½ SW¼ of Section 8, T5S, R77W, or the N½ NE¼ of Section 17, T5S, R77W, or the N½NE¼ of Section 18, T5S, R77W, all of the 6th P.M. b. Old Dillon Reservoir to Laskey Gulch Diversion Exchange No. 2: The downstream terminus is the confluence of the Blue River and Salt Lick Gulch described above. The upstream terminus is the Town of Dillon Laskey Gulch Diversion located at a point on the right bank of Laskey Gulch, a tributary of Straight Creek, whence the W¼ corner of Section 4, T5S, R77W of the 6th P.M. in Summit County, Colorado bears S43°46’55”W a distance of 1457.90 feet. c. Dillon Reservoir to Dillon Ditch Exchange No. 1: The downstream terminus is the confluence of the Blue River and Salt Lick Gulch described above. The upstream terminus is the headgate of the Dillon Ditch located on the south or right bank of Salt Lick Creek at a point whence the SE corner of Section 14, T5S, R78 W of the 6th P.M. bears S81º58’E 1832 feet. d. Dillon Reservoir to Laskey Gulch Diversion Exchange No. 1: The downstream terminus is the confluence of the Blue River and Salt Lick Gulch described above. The upstream terminus is the Town of Dillon Laskey Gulch Diversion described above. 4. The following new paragraph 10 is added to the Application: Maximum rate of exchange for each exchange is 5.0 c.f.s., conditional. 5. Paragraph 5.c. of the Application, entitled “Future Dillon Reservoir Water,” is supplemented with the following new language after the last sentence: . . . Such water includes water stored in Dillon Reservoir, to which the Applicant may be entitled, decreed by the District Court of Summit County, Water District No. 36, in Civil Action Nos. 1805 and 1806, dated March 10, 1952 and confirmed by the United States District Court for the District of Colorado in Consolidated Case Nos. 2782, 5016 and 5017, dated October 12, 1955, in the amount of 252,678 acre feet for irrigation and municipal uses, including domestic use, mechanical use, manufacturing use, fire protection, street sprinkling, watering of parks, lawns and grounds. The sources of Dillon Reservoir are the Blue River, the Snake River and Ten Mile Creek, all tributaries of the Colorado River. A refill right for the Dillon Reservoir was adjudicated in Case No. 87CW376, District Court in and for Water Division No. 5, dated February 13, 1997, in the amount of 175,000 acre feet for all municipal uses, including domestic use, mechanical use, manufacturing use, fire protection, street sprinkling, watering of parks, lawns and grounds, and flood control. (4 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of OCTOBER 2008 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 14. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF AUGUST 2008. 07CW241 (Pitkin, Roaring Fork, Water Dist. 38) Name, address and phone number of applicant: Stella Polare, LLC, c/o Rhonda J. Bazil, Rhonda J. Bazil, P.C., 632 E. Hopkins Ave., Aspen, CO 81611 (970) 925-7171. Type of application: Second Amended Application for Water Right, Change of Water Right, Water Storage Rights and Approval of Plan for Augmentation and Exchange. FIRST CLAIM: Stella Polare Well. Source: Roaring Fork alluvium. Location: SW1/4 of the SE1/4, S. 20, T. 10 S., R. 84 West of the 6th P.M. Use: Irrigation of up to 0.7 acres of lawns and gardens, domestic uses for two single family residences and fire protection purposes. Quantity: 15 g.p.m. Appropriation Date: December 31, 1966. SECOND CLAIM: First Enlargement of the Lewis Warren Creek Ditch No. 1. Location: A point on the North bank of Warren Creek just West of the Colorado State Highway No. 82 culvert crossing whence the SW corner of Section 28, Township 10 South, Range 84 West of the 6th P.M. bears S. 41Ε03’ E. 1314 feet. Source: Warren Creek. Appropriation Date: May 22, 2007. Amount: 0.5 c.f.s., conditional. Use: irrigation of 0.7 acres of land, augmentation, and to fill and re-fill the Stella Polare Pond Nos. 1-4. THIRD CLAIM. Change of Water Right: Lewis Warren Creek Ditch No. 1. From previous Decree: Date Entered: May 6, 1992. Case No. 91CW244. Court: Water Division No. 5. Point of division: Same as in Second Claim. Appropriate Date: June 17, 1950. Amount: 0.07 c.f.s. Historic Use: irrigation. Proposed change: Applicant seeks to change the use of the Lewis Warren Creek Ditch No. 1 from irrigation to irrigation, augmentation and storage in the Stella Polare Pond Nos. 1-4, to fill and refill when in priority. FOURTH CLAIM. Name of reservoir: Stella Polare Pond Nos. 1-4. Legal description: Pond No. 1: The dam is located in the NW1/4 of the SE1/4, Section 20, Township 10 South, Range 84 West of the 6th P.M., 1,334 feet from the South section line and 1,420 feet from the East section line. Pond No. 2: The dam is located in the NW1/4 of the SE1/4, Section 20, Township 10 South, Range 84 West of the 6th P.M., 1,342 feet from the South section line and 1,486


PAGE 19

feet from the East section line. Pond No. 3: The dam is located in the NW1/4 of the SE1/4, Section 20, Township 10 South, Range 84 West of the 6th P.M., 1,357 feet from the South section line and 1,523 feet from the East section line. Pond No. 4: The dam is located in the NW1/4 of the SE1/4, Section 20, Township 10 South, Range 84 West of the 6th P.M., 1,379 feet from the South section line and 1,575 feet from the East section line. Source: Warren Creek. name and capacity of ditches used to fill reservoir: Lewis Warren Creek Ditch No. 1 decreed for 0.07 c.f.s. with a point of diversion described in Second Claim, above. First Enlargement of the Lewis Warren Creek Ditch No. 1 described in the Second Claim, above. Appropriation Date: May 22, 2007. Amount: Pond No. 1: 0.31 a.f.. Pond No. 2: 0.01 a.f. Pond No. 3: 0.02 a.f. Pond No. 4: 0.01 a.f. Uses: aesthetic, augmentation, fire protection, piscatorial and the irrigation of not more than 0.7 acres of home gardens and lawns and to fill and refill in priority. FIFTH CLAIM. PLAN FOR AUGMENTATION AND EXCHANGE. Structures to be augmented: Stella Polare Well, First Enlargement of the Lewis Warren Creek Ditch No. 1, Lewis Warren Creek Ditch No. 1, Stella Polare Pond Nos. 1-4. Previous decrees for water rights to be used for augmentation: Stella Polare Pond Nos. 1-4 and a Water Allotment Contract from the Basalt Water Conservancy District providing for a maximum of 2.0 a.f. Information from previous decree for Green Mountain Reservoir: Source: Blue River, tributary of Colorado River. Legal description: located approximately 16 miles Southeast of the Town of Kremmling in Summit County, Colorado, and more particularly in all or parts of Sections 11, 12, 13, 14, 15, and 24 of Township 2 South, Range 80 West, and in Sections 17, 18, 19, 20, 21, 28, 29, and 34, Township 2 South, Range 79 West of the 6th P.M. Adjudication Date: October 12, 1955. Appropriation Date: August 1, 1935. Case No.: 2782, 5016, and 5017. Court: U.S. District Court, District of Colorado. Amount: 154,645 a.f. Uses: in accordance with paragraph 5(a), (b), and (c) of the section entitled "Manner of Operation of Project Facilities and Auxiliary Facilities" in Senate Document 80. Information from previous decree for Ruedi Reservoir: Source: Frying Pan River, tributary of Colorado River. Legal description: an on-channel reservoir located in Sections 7, 8, 9, 11, and 14 through18, Township 8 South, Range 84 West of the 6th P.M. The reservoir is located in portions of Eagle and Pitkin Counties. Adjudication Date: June 20, 1958. Appropriation Date: July 29, 1957. Case No.: C.A. 4613. Court: Garfield County District Court. Amount: 102,369 acre feet (Originally decreed for 140,697.3 a.f.; reduced to 102,369 a.f. in Case No. W-789-76). Uses: generation of electric energy, domestic, municipal, industrial, irrigation and stock watering. By decree of the Water Court in Case No. 81CW34, Ruedi Reservoir was decreed a refill right in the amount of 101,280 a.f., conditional. In Water Court Case No. 95CW95, 44,509 a.f. was made absolute. Information from previous decrees for Troy Ditch and Edith Ditch rights: STRUCTURE

PRIORITY

COURT CASE NO.

ADJ DATE

APP DATE

DECREED AMOUNT (CFS)

USE (4)

AMOUNT SOLD, TRANSFERRED OR RESERVED

AMOUNT REMAINING (10)

(5) (6) (7) (8) (9) CFS AF Troy Ditch (1)

370 3082 08/25/1936

05/01/1906

5.10 I 0.000 0.000 0.095

0.064

0.035 4.906 N/A

Troy Ditch 1st Enlg

427 3082 08/25/1936

05/01/1928

10.80 I 0.000 0.000 0.200

0.134

0.073 10.393

N/A

Troy Ditch 2nd Enlg

669 4613 06/20/1958

06/01/1942

6.20 I 0.000 0.000 0.115

0.077

0.042 5.966 N/A

Edith Ditch

353 3082 08/25/1936

05/01/1904

2.72 I 0.110 0.1320

0.050

0.000

0.018 2.410 N/A

Edith Ditch 1st Enlg

673 4613 06/20/1958

07/01/1946

3.23 I 0.000 0.000 0.060

0.000

0.022 3.148 N/A

Troy Ditch Water System aka Lower Headgate

(2) W-2281

15.50(3) I,D,M C,P

0.110 0.1320

0.520

0.275

0.190 14.273

412.89

Notes: (1) Originally diverted from Miller Creek. All others originally diverted from Frying Plan River. (2) Alternate point for all priorities of Troy and Edith Ditches. (3) Combined amount limited to 15.5 cfs and 453 AF of consumptive use, 300 AF of which can be stored. (4) I = Irrigation, D = Domestic, M = Municipal, C = Industrial and P = Piscatorial. (5) Transferred to Edith Ditch Well in Case No. 80CW1 with 1.0 AF. (6) Transferred to three springs on Cap K Ranch in Case No. 82CW189 (1.29 AF assumed to be


PAGE 20

included). (7) Deeded to George Yates with 15.4 AF in 1983. 0.2 cfs and 10.60 cfs was included in Case No. 82CW357 for Ruedi South Shores augmentation plan. (8) Deeded to Joan Wheeler in 1987 for diversion at the Troy Ditch 1st and 2nd Enlargement (16.9 AF assumed to be included). (9) Reserved for augmentation of Cap K Ponds with 5.52 AF. Case No. 91CW220. (10) A total of 40.11 AF of the original 453.00 AF has been sold or transferred. In Case No. W-2281, Division 5, the Court decreed that 453 acre feet of annual consumptive-use credits were available to these ditches, and that 300 acre feet could be stored in an unnamed reservoir. The BWCD owns 412.89 acre feet of the 453 acre feet, and makes the water rights available to contract allottees for use pursuant to an approved substitute supply plan or decree of Court. The Troy and Edith augmentation water can be delivered to the Frying Pan, Roaring Fork or Colorado Rivers by by-passing water at the headgate on the Frying Pan River. Information from previous decrees for Robinson Ditch rights:

STRUCTURE DECREED AMOUNT/ cfs

AMOUNT OWNED BY BWCD (cfs)(1)

ADJ. DATE APP. DATE PRIORITY CASE NO. (2)

ROBINSON DITCH 5.00 1.21 05/11/1889 06/15/1882 38

132

ROBINSON DITCH 2.50 0.60 05/11/1889 04/15/1886 140

132

ROBINSON DITCH 2.00 0.48 05/11/1889 11/15/1886 167

132

ROBINSON DITCH 10.70 2.59 12/29/1903 04/25/1899 212C

1061

ROBINSON DITCH 20.06 4.85 08/25/1936 04/25/1900 326

3082

Notes: (1) The BWCD owns 441 shares of Class 1 stock issued by the Robinson Ditch Company. The said 441 shares equal 24.16% of the total shares and are associated with 9.73 cfs of the 40.26 cfs decreed to the Robinson Ditch. (2) District Court in and for Garfield County. Legal Description of Point of Diversion: The North bank of the Roaring Fork River one-half mile below the mouth of Sopris Creek in Section 11, T. 8 S., R. 87 West, 6th P.M. Historic Use: Irrigation of approximately 137.2 acres of hay and pasture under BWCD’s interest in the Robinson Ditch water rights. In Case No. 93CW319, the Court decreed that 360 acre feet of annual consumptive-use credits are associated with said irrigation. In that case, the Court also decreed a change of use of BWCD’s Robinson Ditch rights to include augmentation. BWCD makes the credits available to contract allottees for use pursuant to an approved substitute supply plan or decree of Court. Information from previous decrees for Favre Domestic Pipeline:

STRUCTURE

AMOUNT1

ADJ. DATE APP. DATE PRIORITY

CASE NO.2

FAVRE DOM. PL. SP. NO. 1 0.50 06/20/1958 08/11/1937 649

4613

FAVRE DOM. PL. SP. NO. 2 0.50 06/20/1958 04/15/1912 666

4613

Notes: (1) Amount: Each spring is decreed for 0.50 cfs, but the use of both has a combined limit of 0.50 cfs. (2) District Court in and for Garfield County. Legal Description: Favre Domestic Pipeline - Spring No. 1: Located at a point whence the E¼ corner, Section 34, Township 7 South, Range 87 West, 6th P.M. bears South 34E26' East, 890.9 feet. Favre Domestic Pipeline - Spring No. 2: Located at a point whence the E¼ corner, Section 34, Township 7 South, Range 87 West, 6th P.M. bears South 37E24' East 721.4 feet. Source: Blue Creek, which is tributary to Roaring Fork River. Use: Domestic and augmentation. Historic Use: BWCD owns the Favre Domestic Pipeline right. The Springs historically provided a majority of the domestic water supply for El Jebel, a community of 364 EQRs, consisting of 291 S.F. residential units, irrigation of 12.5 acres, and commercial development. In Case No. 93CW319, the Court decreed that 142.82 acre feet of historic consumptive-use credits were available to Blue Creek as a result of such historic use; and that 67.2 acre feet of historic consumptive-use credits were available to the Roaring Fork River as a result of such historic use. In 93CW319, the Court also decreed a change of use of said credits to include augmentation. BWCD makes the credits available to contract allottees for use pursuant to an approved substitute supply plan or decree of Court. Description of Plan: The Stella Polare Well will supply in-house domestic uses for two single-family residences and provide an alternate point of diversion for irrigation water. The BWCD Allotment Contract and the Stella Polare Pond Nos. 1-4 will provide augmentation water for the Stella Polare Well. Applicant seeks a December 21, 2007 exchange date. From November through July of most years, the BWCD allotment contract will provide any necessary augmentation of out-of-priority depletions. In dry years, the augmentation will


PAGE 21

come from on-site releases from the Stella Polare Pond Nos 1-4. The water demands for the Property have been calculated as follows:

Applicant will secure a Contract for a maximum of 2.0 acre-feet of water from the District’s water allotment contract with the Bureau of Reclamation for Reudi Reservoir water. Name of land owner on which all structures are located: Applicant. (18 pages)

Month

Diversions Depletions

In-House Irrigation Pond Evaporation Total In-House Irrigation Pond

Evaporation Total

(1) (2) (3) (4) (5) (6) (7) (8) January 0.067 0.000 0.002 0.068 0.007 0.000 0.002 0.007 February 0.060 0.000 0.005 0.065 0.006 0.000 0.005 0.006 March 0.067 0.000 0.010 0.076 0.007 0.000 0.010 0.007 April 0.064 0.000 0.014 0.079 0.006 0.000 0.014 0.006 May 0.067 0.173 0.020 0.260 0.007 0.139 0.020 0.145 June 0.064 0.286 0.025 0.375 0.006 0.229 0.025 0.235 July 0.067 0.316 0.025 0.408 0.007 0.253 0.025 0.260 August 0.067 0.293 0.021 0.380 0.007 0.234 0.021 0.241 September 0.064 0.184 0.017 0.266 0.006 0.147 0.017 0.154 October 0.067 0.035 0.012 0.114 0.007 0.028 0.012 0.035 November 0.064 0.000 0.006 0.071 0.006 0.000 0.006 0.006 December 0.067 0.000 0.002 0.069 0.007 0.000 0.002 0.007 Total 0.784 1.288 0.158 2.231 0.078 1.031 0.158 1.109 (1) 2 Single Family Equivalents at 350 gpd/SFE. (2) 0.7 total acres irrigated by Lewis Warren Creek Ditch No. 1. (3) Evaporation from 0.05 acre of ponds surface area. (4) Column (1) + Column (2)+ Column (3) (5) 10% of Column (1) (6) 80% of (2) is consumptively used. (C.U. = 1.47 AF/Ac/Yr, Appendix A ) (7) Evaporation from 0.05 acre of ponds surface area. (8) (5) + (6) + (7)

YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of OCTOBER 2008 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

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