division 5 water court- august 2015 resume 1. … · division 5 water court- august 2015 resume 1....

DIVISION 5 WATER COURT- AUGUST 2015 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 2015. The water right claimed by this application

may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must

appear to object and protest within the time provided by statute, or be forever barred.

15CW11 (07CW112) MESA COUNTY-PLATEAU CREEK TRIBUTARY TO THE COLORADO RIVER. Douglas & Patricia

McVean; P.O. Box 29; Molina, CO 81646 (970)268-5616. Pat’s Spring and Roadside Seep-Application for Finding of Reasonable

Diligence. Location: Pat’s Spring-SW¼NE¼ of Sec. 14, T.10S, R.96W. of the 6th

P.M. 2.930 ft. from the south Sec. line and 2,332 ft.

from the east sec. line. Roadside Seep- SW¼NE¼ of Sec. 14, T.10S, R.96W. of the 6th

P.M. 2,500 ft. from the north sec. line and

2,508 ft. from the east sec. line. Appropriation: Aug. 31, 2009. Amount: Pat’s Spring- 24.0 g.p.m., conditional; Roadside Seep-2.5

g.p.m., conditional. Uses: irrigation of lawn and garden and 5 acres of field and pasture. An outline of work performed during the

diligence period is included in the application. (9 pgs.)

YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of OCTOBER 2015 to file with the Water Clerk 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.






15CW3066 GARFIELD COUNTY, COLORADO, Application for Absolute Underground Water Right and Approval of Plan of

Augmentation. Applicant: Javier Gonzalez-Bringas and Laura Ware Maine, c/o Kelcey C. Nichols, Wood Nichols, LLC, 201 Main

St. Suite 305, Carbondale, CO 81623, (970) 963-3800, [email protected]. Applicant requests a decree for an underground

water right that provides domestic and limited irrigation water to one residence, provides water to domestic animals, and for approval

of a plan of augmentation to augment out-of-priority depletions using water rights available to the Applicant pursuant to an Agreement

with Basalt Water Conservancy District. Name of structure: Tempranillo Well. Type: Well. Well Permit: Permit No. 21899. Legal

Description: Southeast 1/4 of the Southwest 1/4 of Section 20, Township 7 South, Range 87 West of the 6th Prime Meridian, 1,200

feet from the South Section Line and 3,600 feet from the East Section Line. Source: Groundwater tributary to the Roaring Fork

River, tributary to the Colorado River. Land ownership: Applicant. Appropriation date: May 4, 1972. Amount: 2.3 acre-feet per year,

absolute. Uses: domestic, irrigation of 0.5 acres, domestic animal and livestock watering. Applicant has applied for a Basalt Water

Conservancy District contract. The Application contains a detailed description of the Applicant’s claim for an Absolute Underground

Water Right and Approval of Plan of Augmentation (12 pages).






81601.






15CW3067 (08CW49) IN SUMMIT COUNTY, COLORADO. APPLICATION FOR A FINDING OF REASONABLE

DILIGENCE AND TO MAKE WATER RIGHT ABSOLUTE. CONCERNING THE APPLICATION FOR WATER RIGHTS OF

THE HAMILTON CREEK METROPOLITAN DISTRICT. DISTRICT COURT, WATER DIVISION NO. 5, STATE OF

COLORADO, 109 8th

Street, Glenwood Springs, CO 81601. 1. Name and Address of Applicant. Hamilton Creek Metropolitan

District (the “District”) c/o Tom Oberheide, Administrator, P.O. Box 4765, Dillon Co, 80435. All pleadings should be directed to:

Glenn E. Porzak, Corina A. Hach, Porzak Browning & Bushong LLP, 2120 13th

Street, Boulder, CO 80302 (303) 443-6800. 2. Name

of Water Rights. A. Hamilton Creek Diversion B. Hamilton Creek Well No. 2. 3. Description of the Water Rights: A. Hamilton Creek

Diversion 1. Original Decree: The Hamilton Creek Diversion was originally decreed by the District Court in and for Water Division

No. 5 (“Water Court”) in Case No. 82CW379, dated May 25, 1983. The application for Case No. 82CW379 was filed on December

23, 1982. 2. Legal Description: The point of diversion for the Hamilton Creek Diversion is located in the NE1/4 of the NE1/4 of

Section 36, T. 4 S., R.78 W. of the 6th P.M. at a point 1,050 feet West and 25 feet South of the Northeast corner of said Section 36.

See Exhibit A. 3. Appropriation Date: June 10, 1980. 4. Source: Hamilton Creek, tributary to the Blue River, tributary to the Colorado

AUGUST 2015 RESUME

WATER DIVISION 5 PAGE 2

River. 5. Amount: 0.15 c.f.s., of which 0.09 c.f.s. is absolute and 0.06 c.f.s. is conditional. 6. Uses: Domestic, municipal, and

irrigation. 7. Prior Diligence & Absolute Decrees: Previous findings of reasonable diligence were entered by the Water Court in Case

No. 87CW64 on February 18, 1988; Case No. 93CW109 on October 12, 1993; Case No. 99CW218 on May 1, 2002; and Case No.

08CW49 on August 27, 2009. In Case No. 08CW49, the Hamilton Creek Diversion was made absolute in the amount of 0.09 c.f.s. (40

g.p.m.) and the remaining 0.06 c.f.s. was continued as conditional. 8. Remarks: In Case No. 84CW69, an augmentation plan for the

Hamilton Creek Diversion was approved, and the Hamilton Creek Diversion was granted the right to be alternately diverted at the

Hamilton Creek Wells Nos. 1 and 2. Hamilton Creek Well No. 1 is located in the NE1/4 NE1/4 of Section 36, T. 4 S., R. 78 W., 6th

P.M., at a point 50 feet from the North section line and 850 feet from the East section line of said Section 36. The location of

Hamilton Creek Well No. 2 is described in paragraph 3.B.2, below. B. Hamilton Creek Well No. 2. 1. Original Decree: Hamilton

Creek Well No. 2 was originally decreed by the District Court in and for Water Division No. 5 (“Water Court”) in Case No. 84CW69,

dated May 7, 1985. The application for Case No. 84CW69 was filed on June 15, 1984. 2. Legal Description: Hamilton Creek Well No.

2 is located in the NW1/4 of the NE1/4 of Section 36, T. 4 S., R. 78 W. of the 6th P.M., at a point 420 feet from the North section line

and 1,575 feet from the East section line of said Section 36. See Exhibit A. 3. Appropriation Date: October 15, 1983. 4. Source: The

source of water for Hamilton Creek Well No. 2 is groundwater tributary to Hamilton Creek, tributary to the Blue River, tributary to

the Colorado River. 5. Amount: 0.169 c.f.s., conditional 6. Use: Domestic, irrigation, and municipal purposes. 7. Prior Diligence

Decrees: Previous findings of reasonable diligence were entered by the Water Court in Case No. 93CW109 on October 12, 1993; Case

No. 99CW218 on May 1, 2002; and Case No. 08CW49 on August 27, 2009. 8. Remarks: In Case No. 84CW69, an augmentation plan

was approved for the Hamilton Creek Well No. 2. 4. Claim to Make Absolute. In 2012 and 2013, the District constructed a new water

treatment facility that utilizes a microfiltration system to treat water diverted from the Hamilton Creek Diversion. The improved

facility enables the District to comply with existing and impending water quality regulations as well as treat water at a faster rate than

it could using its former plant. Monthly records from the meter at the water treatment facility are included as Exhibit B. Although

these records display the total volume of water diverted each month, they do not contain information about the rate of diversion at the

Hamilton Creek Diversion. The District has measured the maximum pump rate at the Hamilton Creek Diversion at 88 g.p.m. On July

28, 2015, the Plant Operator pumped water at or above the diversion rate decreed to the Hamilton Creek Diversion, and that water was

subsequently treated and placed to its decreed beneficial uses in the District’s service area. The Hamilton Creek Diversion was in-

priority and was not subject to an administrative call on this date, as shown in the Division 5 Call Chronology that is included as

Exhibit C. Diversions at the decreed rate may have also occurred on additional dates, however the District does not possess specific

records of any other such diversions to check against the administrative call record. Since the Hamilton Creek Diversion water right

was diverted in-priority at the full decreed rate, the District seeks confirmation that the entire decreed amount, 0.15 c.f.s. (67 g.p.m.),

has been made absolute for all decreed uses, specifically domestic, municipal, and irrigation. 5. Detailed Outline of Work Done to

Complete Appropriations and Apply Water to Beneficial Use. The District currently supplies 101 homes, and there are approximately

20 undeveloped lots remaining within its service area. Since its construction in 2003, the Hamilton Creek Diversion has been the

primary source of water for the District. The Hamilton Creek Well No. 1, which was decreed absolute in Case No. 93CW109, and the

Hamilton Creek Well No. 2 currently serve as backup and supplemental water sources. Both the Hamilton Creek Diversion and

Hamilton Creek Well No. 2 are part of the District’s integrated water supply system, as confirmed by the Water Court in Case No.

08CW49. As a result, any activities to develop any component of the integrated water supply system demonstrate diligence for the two

remaining conditional water rights. Evidence of the District’s diligence includes, but is not limited to, the following: A. During the

diligence period, the District constructed a new water treatment facility utilizing microfiltration. Between planning and construction,

the cost for this facility totaled well in excess of $700,000. This new water treatment facility has allowed the District to supply water

that meets higher quality standards at a faster rate. B. The District has completed activities to ensure that the Hamilton Creek Well No.

2 is prepared to divert water for its beneficial purposes when necessary. i. A portion of the budget for the District’s new water

treatment facility went toward improving the connection between Hamilton Creek Well No. 2 and the treatment facility to ensure an

uninterrupted supply of treated water throughout the service area in the event that water from the Hamilton Creek Diversion is ever

unavailable. ii. The District completes operations testing regularly on Hamilton Creek Well Nos. 1 and 2 to ensure that the wells are

fully operational and can sustain the necessary production rates to meet demand. Hamilton Creek Well No. 2 has diverted water at the

rate of 30 g.p.m. during multiple operations tests during the diligence period. However, because this water was not applied to

beneficial use, the District is not seeking to make this portion of the water right absolute. The Hamilton Creek Diversion and Hamilton

Creek Well No. 2 water rights are an important component of the District’s present and future water supply. The above activities are

necessary prerequisites to applying the subject water rights to the beneficial uses for which they were decreed, demonstrate the

District’s diligence toward fully developing and placing such water rights to beneficial use within a reasonable time, and entitle the

District to a continuation of any and all conditional water rights that are not hereby made absolute. Given the foregoing, the District

seeks a finding of reasonable diligence with regard to the Hamilton Creek Well No. 2 water right and any portion of the Hamilton

Creek Diversion not confirmed absolute herein. 6. Name and address of the owner of the land on which the subject water right is

located: The Hamilton Creek Diversion and Hamilton Creek Well No. 2 are both located on land owned by the Hamilton Creek

Association, 375 Lakeview Circle, Silverthorne CO 80498. (10 pages)




AUGUST 2015 RESUME




81601.






15CW3068 GARFIELD COUNTY. COLORADO RIVER. Amended Application to Make Absolute. Applicant: John Lyons

Symposiums, Inc. c/o Stuver & LeMoine, P.C., Attn: Timothy Graves, PO Box 907, Rifle, Colorado 81650; 970-625-1887. Original

Decree: Case No. 08CW27, District Court, Water Division No. 5, entered 08/27/2009. CLAIM NO. 1 GROUND WATER RIGHT:

Applicant requests an order to make absolute in whole the following ground water right decreed to the LYONS POND WELL.

Decreed location: The center of Lyons Pond Well is located in the NWSE of Section 7, Township 7 South, Range 95 West the 6th

P.M. in Garfield County, Colorado at a point 1,300 feet from the South line of said Section and 1,650 feet from the East line of said

Section. Date of Appropriation: April 1993. Amount: 4.3 AF, Conditional. Use: Evaporation, recreation, fire protection, stock

watering for 50 head stock and wildlife watering adjacent to and consistent with the construction of the Lyons Pond Well. Lyons Pond

Well is also used for an operational storage for John’s Ditch and J&J Pump and Pipeline, April to October, each year. Date Water First

Applied to Beneficial Use: April 1993. Amount: 13.867 AF. Location of Beneficial Use: See Exhibit B to the application for a map of

the diversion and applied beneficial use areas. Name and Address of Land Owner upon which the Subject Water will be Located and

Used: Applicant. Request: The Lyons Pond Well ground water right be made absolute, in the amount of 4.3 AF for evaporation,

piscatorial, recreation, fire protection, stock watering, wildlife watering, and operational storage for irrigation. CLAIM NO. 2

SURFACE WATER RIGHTS: Applicant requests an order to make absolute the following surface water rights decreed to JOHN’S

DITCH and J&J PUMP AND PIPELINE. Decreed Location: John’s Ditch- The headgate for John’s Ditch is located in the SESE of

Section 7, Township 7 South, Range 95 West of the 6th

P.M. in Garfield County, Colorado at a point, 1,230 feet from the South line of

said Section and 1,080 feet from the East line of said Section. J&J Pump and Pipeline- The headgate for J&J Pump and Pipeline is

located in the NWSE of Section 7, Township 7 South, Range 95 West the 6th

P.M. in Garfield County, Colorado at a point 2,050 feet

from the South line of said Section and 2,350 feet from the East line of said Section. Date of Appropriation: August 2007 Amount:

John’s Ditch- 1.0 CFS; J&J Pump and Pipeline- 0.5 CFS Use: Irrigation of 20 acres April to October each year, fire protection, and

stock watering for up to 50 head stock, Lyons Pond Well may be used as operational storage for water decreed from John’s Ditch,

Jody’s Ditch and J&J Pump and Pipeline. Date Water First Applied to Beneficial Use: August 2007 Name and Address of Land

Owner upon which the Subject Water will be Located and Used: Applicant. Request: The John’s Ditch surface water right be made

absolute, in the amount of 1.0 CFS for irrigation, April to October each year, fire protection and, stock watering. Request: The J&J

Pump and Pipeline surface water right be made absolute, in the amount of 0.5 CFS for irrigation, April to October each year, fire

protection and, stock watering. (13 pgs.)






81601.






15CW3069 GARFIELD COUNTY; Application for Approval of Change of Location of Water Right; Applicants: Barry C. Till

and Jane Henzel-Till, please direct all correspondence to Applicants’ attorney: Mary Elizabeth Geiger, Garfield & Hecht, PC, 420

Seventh St, Suite 100, Glenwood Springs, CO 81601, (970) 947-1936; [email protected]; Name of structure for which

change is sought: Sagebrush Pond; Decree information: Date of original decree: August 5, 2003; Case No.: 00CW0137, District Court,

Water Division 5; Subsequent Decrees: 08CW01; Decreed Location: the pond is decreed in the NE ¼ of the SW ¼ of Section 12,

Township 7 South, Range 88 West of the 6th P.M. on Lot 9 of Cottonwood Hollow Subdivision, Reception No. 449580 of the records

of Garfield County. The pond is decreed at a point approximately 1,900 feet from the West Section line and 3,000 feet from the North

Section line of said Section 12, Garfield County, Colorado. As-Built Location: in the NE ¼ of the SW ¼ of Section 12, Township 7

South, Range 88 West of the 6th

P.M. on Lot 9 of Cottonwood Hollow Subdivision, Reception No. 449580 of the records of Garfield

County. The pond is actually located at a point approx. 1625 feet from the West section line and 3280 feet from the North section line

of said Section 12. Appropriation date: June 18, 1993. Source: Basset Spring, 1st Enlargement, spring tributary to Cattle Creek,

mailto:[email protected]

AUGUST 2015 RESUME


tributary to the Roaring Fork River, tributary to the Colorado River. Amount: .25 acre feet, conditional, with right to fill and refill in

priority (fill rate: .075 c.f.s.). Uses: stock watering, wildlife, and aesthetic, piscatorial, recreational uses. Name and address of owner

of the land upon which the structures are located: Applicants. (4 pages).






81601.






15CW3070 GARFIELD COUNTY; Application to Make Conditional Water Rights Absolute and/or for Findings of

Reasonable Diligence; Applicants: Barry C. Till and Jane Henzel-Till, please direct all correspondence to Applicants’ attorney: Mary

Elizabeth Geiger, Garfield & Hecht, PC, 420 Seventh St, Suite 100, Glenwood Springs, CO 81601, (970) 947-1936;

[email protected]; Name of structure: Bassett Spring, 1st Enlargement; Decree information: Date of original decree:

August 5, 2003; Case No.: 00CW0137, District Court, Water Division 5; Subsequent Decrees: 08CW01; Decreed Location: the point

of diversion is located in the NE ¼ of the SW ¼ of Section 12, Township 7 South, Range 88 West of the 6th P.M. at a point

approximately 3,650 feet from the North Section lines and 2,000 feet from the West section line, Section 12, Garfield County,

Colorado. Source: spring tributary to Cattle Creek, tributary to the Roaring Fork River, tributary to the Colorado River; Appropriation

date: June 18, 1993. Amount: .075 c.f.s., conditional. Uses: to fill the Sagebrush Pond for stock watering, wildlife, aesthetic,

piscatorial, and recreational uses. Name and address of owner of the land upon which structure is located: Marc and Erin Bassett, 202

Cotton Hollow Lane, Carbondale, CO 81623 and Applicants. Name of structure: Sagebrush Pond; Decree information: Date of

original decree: August 5, 2003; Case No.: 00CW0137, District Court, Water Division 5; Subsequent Decrees: 08CW01; Decreed

Location: the pond is decreed in the NE ¼ of the SW ¼ of Section 12, Township 7 South, Range 88 West of the 6th P.M. on Lot 9 of

Cottonwood Hollow Subdivision as set forth at reception No. 449580 of the records of Garfield County. The pond is located at a point

approximately 1,900 feet from the West Section line and 3,000 feet from the North Section line of said Section 12, Garfield County,

Colorado. As-Built Location: in the NE ¼ of the SW ¼ of Section 12, Township 7 South, Range 88 West of the 6th

P.M. on Lot 9 of

Cottonwood Hollow Subdivision as set forth at reception No. 449580 of the records of Garfield County. The pond is located at a point

approximately 1625 feet from the West section line and 3280 feet from the North section line of said Section 12. Appropriation date:

June 18, 1993. Source: Bassett Spring 1st Enlargement, spring tributary to Cattle Creek, tributary to the Roaring Fork River, tributary

to the Colorado River; Amount: .25 acre feet, conditional, with right to fill and refill in priority (fill rate: .075 c.f.s.) . Uses: stock

watering, wildlife, and aesthetic, piscatorial, recreational uses. Name and address of owner of the land upon which structure is located:

Applicants. The Application includes information regarding the work performed during the diligence period toward the development

of the subject water rights and their application to beneficial use. (8 pages).






81601.






15CW3071 (05CW238), IN GARFIELD, EAGLE, PITKIN AND GRAND COUNTIES – RILAND CREEK TRIBUTARY TO

SWEETWATER CREEK AND THE COLORADO RIVER. 7W Guest Ranch, LL, P.O. Box 2126, Gypsum, CO 81637, c/o

David S. Hayes, Petros & White, LLC, 1999 Broadway, Suite 3200, Denver, Colorado 80202 (303) 825-1980, dhayes@petros-

white.com Conditional water rights: A. 7W Pond. B. Appropriative Rights of Exchange. Description of conditional water rights. A.

7W Pond: i. Prior decree: The original decree was entered on August 31, 2009, in Case No. 05CW238, District Court, Water

Division 5. ii. Location: The 7W Pond is an on-channel reservoir, with a dam centerline located in the SE1/4 SE1/4 Section 21, T. 3

S., R. 87 W., 6th

P.M., Garfield County at a point approximately 530 feet from the South Section line and 1200 feet from the East

Section line, and UTM coordinates (NAD83, Zone 13N): Northing 4404761 (meters), Easting 0314915 (meters), as depicted on the


AUGUST 2015 RESUME


map attached to the application as Exhibit A, available at the office of the Water Court or via ICCES. iii. Source: Riland Creek,

tributary to Sweetwater Creek, tributary to the Colorado River. iv. Appropriation date: December 31, 1977. v. Amount: 17 acre-

feet, conditional. vi. Use: Storage for irrigation, stock watering, augmentation and replacement, exchange, in situ recreation,

piscatorial, fish and wildlife habitat, and fire protection. Irrigation consists of a maximum of approximately 2 acres, located in the

N1/2 of the NE1/4 of Section 28, and S1/2 of the SE1/4 of Section 21, both in T. 3 S., R. 87 W., 6th

P.M. vii. Other: The 7W Pond

has a high water line surface area of approximately 3 acres, a dam height of approximately 13.7 feet, a dam length of approximately

300 feet, and a total capacity of 17 acre-feet. Facilities are in place to pass out-of-priority inflows to the 7W Pond, and the 7W Pond is

in compliance with Colorado law regarding dam safety. B. Appropriative Rights of Exchange: i. Prior decree: The original decree

was entered on August 31, 2009, in Case No. 05CW238, District Court, Water Division 5. ii. Points of Exchange: The Applicant’s

appropriative rights of exchange involve the exchange of water released from Wolford Mountain Reservoir and/or Reudi Reservoir,

pursuant to a Water Supply Contract (CW04020) with the Colorado River Water Conservation District. Water released from Wolford

Mountain Reservoir is exchanged from the confluence of Sweetwater Creek and the Colorado River, in the SE¼ NE¼ of Section 9,

Township 4 South, Range 86 West, 6th P.M., Eagle County, Colorado, at a point 800 feet from the East section line and 1545 from the

North section line of said Section 9, to the uppermost points of depletion by the Applicant’s Augmented Structures (as defined in the

decree entered in Case No. 05CW238) in the headwaters of Riland Creek, located in the NE¼ of Section 28, Township 3 South,

Range 87 West, 6th P.M, at a point approximately 2500 feet from the East line and 90 feet from the North line of said Section 28.

Water released from Ruedi Reservoir is exchanged from the confluence of the Colorado River and the Roaring Fork River, in Section

9, Township 6 South, Range 89 West, 6th P.M., Garfield County, Colorado, to the uppermost points of depletion by the Applicant’s

Augmented Structures (as defined in the decree entered in Case No. 05CW238) in the headwaters of Riland Creek, located in the NE¼

of Section 28, Township 3 South, Range 87 West, 6th P.M, at a point approximately 2500 feet from the East line and 90 feet from the

North line of said Section 28. iii. Source: The source of water used in the Applicant’s exchange is water released from Wolford

Mountain Reservoir, decreed in Case Nos. 87CW283, 95CW281 and 98CW237, District Court, Water Division No. 5, and/or Reudi

Reservoir, decreed in C.A. 4613, District Court, Garfield County, and 81CW34, District Court, Water Division No. 5. iv.

Appropriation dates: November 16, 2006, as to Applicant’s 7W Pond, and December 13, 2005, as to Applicant’s Beard and Mills

Springs (Case Nos. 87CW239 & 240, respectively). v. Amount: 1.0 c.f.s., conditional. vi. Uses: Potable water supply for

Applicant’s 7W Ranch compound, stockwatering, irrigation, and evaporation, as more-fully described in the decree entered in Case

No. 05CW238. Detailed outline of work done to complete project and apply water to beneficial use. During the diligence period

(August 2009 to present), Applicant has taken steps to develop the conditional water rights for the 7W Pond and Appropriative Rights

of Exchange. The application contains a summary of the specific projects and work undertaken during the diligence period and is

available for inspection at the office of the water court clerk or via ICCES. The list is not intended to be all-inclusive and may be

supplemented by additional evidence during any hearing in this matter. Claim to make partially absolute. A. Applicant stored in the

7W Pond and beneficially used a total of 7.38 acre-feet of water during the diligence period, in each of water years 2011 and 2014.

Pursuant to C.R.S. § 37-92-301(4)(e), “[a] decreed conditional water storage right shall be made absolute for all decreed purposes to

the extent of the volume of the appropriation that has been captured, possessed and controlled at the decreed storage structure.” B.

Applicant exchanged water at a rate of 0.04 c.f.s., during the month of July 2013, in accordance with the plan for augmentation

decreed in Case No. 05CW238. Name(s) and address(es) 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. The land upon which the 7W Pond is located is owned by the

Applicant. WHEREFORE, Applicant respectfully requests that the Court enter a decree: (i) making absolute those portions of the 7W

Pond and Appropriative Rights of Exchange described in Paragraph 5, above; (ii) finding reasonable diligence for and continuing in

full force and effect the remaining portion of the conditional water rights described in Paragraph 3 above; and (iii) granting such

further relief as the Court deems just and proper. (6 pgs.)






81601.





appear to object and protest within the time provided by statute, or be forever barred. 15CW3072 PITKIN COUNTY. ROARING FORK RIVER. Double R Creek Limited, c/o Patrick, Miller & Noto, P.C., Kevin L.

Patrick, Esq. and Christopher R. Stork, Esq., 197 Prospect Road, Suite 2104A, Aspen, CO 81611, (970) 920-1030. APPLICATION

FOR FINDING OF REASONABLE DILIGENCE. First Claim: For Finding of Reasonable Diligence. Name of structure: Blattberg

Spring Area and Blattberg Spring Area Feeder Ditch. Type: Spring. Description of conditional water right: Original decree:

AUGUST 2015 RESUME


December 26, 1997. Case No: 92CW313. Court: District Court, Water Division No. 5. Diligence decree: August 6, 2004. Case No.:

03CW288 Court: District Court, Water Division No. 5. Original decreed legal description: The point of diversion for the Blattberg

Spring Area and the Blattberg Spring Area Feeder Ditch is situation in the NE ¼ of the SW ¼ Section 18 (protracted), Township 11


P.M., 2,310 feet East of the West Section Line and 1,540 feet North of the South Section Line. UTM

coordinates: Easting: 343135.204474. Northing: 4328508.46034. Zone 13. Street address: 8720 Castle Creek Road, Aspen, CO 81611.

Subdivision: Navratilova Lot Split. Lot: 2. Source: Blattberg Spring Area, tributary to Castle Creek, tributary to the Roaring Fork

River, tributary to Colorado River. Appropriation date: January 20, 1992. Amount: 0.1 c.f.s. Use: Irrigation, domestic, aesthetic,

augmentation, piscatorial, recreation, fire protection, and storage of water in the Blattberg Pond for irrigation, aesthetic, piscatorial,

domestic, fire protection, recreation, and augmentation uses. Detailed outline of work toward completion of the appropriation and

application of water to a beneficial use as conditionally decreed, including expenditures is on file with the Court. The structure is

located on land owned by: The United States Forest Service, 806 W. Hallam, Aspen, CO 81611. The water will be used on land

owned by the Applicant. Applicant notes that since the Court issued the original decree in this case, section lines in the area were

resurveyed and adjusted which shifted the boundary of the property and structures described herein accordingly. The location of the

water rights remain at their relative positions and have not been changed. Applicant provides UTM coordinates for these structures as

an alternate legal description. (6 pgs.)






81601.





appear to object and protest within the time provided by statute, or be forever barred. 15CW3073 MESA COUNTY, MESA CREEK, COLORADO RIVER, WATER DIV. NO. 5. Janis Sue Bourassa Qualified

Personal Residence Trust, dated April 21, 2004, c/o Janis Sue Bourassa, Trustee & Philip Paul Bourassa Qualified Personal Residence

Trust, dated April 21, 2004 c/o Philip Paul Bourassa, Trustee, P. O. Box 130, Mesa, CO 81643, (970) 242-9485 with copies of

pleadings to Kirsten M. Kurath, Williams, Turner & Holmes, P.C., P. O. Box 338, Grand Junction, CO 81502-0338.Each Applicant

claims an undivided 50 percent interest in the water rights which are the subject of this Application. Structures: Tami Pond, George

Pond, Jason Spring, Mandi Headgate and Bourassa Mesa Creek Exchange. Description of conditional water rights: Decree: August 30,

2009, Case No. 07CW132, Water Division No. 5, District Court for the State of Colorado. Subsequent Decrees: None. Tami Pond:

Location: Tami Pond is located in the NE1/4 SW1/4 of Section 21, Township 11 South, Range 96 West, of the 6th P.M. at a point

approximately 2,150 feet from the south section line and 2,200 feet from the west section line of said section. See Figure 1 of the

Application. Source: Precipitation, precipitation run-off, George Pond, Jason Spring and from an un-named creek which discharges

into an un-named creek, tributary to Beaver Creek, tributary to Mesa Creek, tributary to the Colorado River. App. Date: June 15, 2005.

Amount:1.96 acre-feet, with a maximum rate of filling of 0.6 c.f.s., together with the right to fill and refill the pond when water is

available in priority, or when the water can be replaced pursuant to the Augmentation Plan decreed in Case No. 07CW132 (Bourassa

Augmentation Plan ID 7936). Uses: Piscatorial, recreational, fire protection and wildlife watering, conditional. Dam and Reservoir

Information: Surface area of high water line: 0.45 acres; Max. height of dam: Approx. 8.5 feet; Length of dam: 200 feet; Total

capacity: 1.96 acre-feet, all of which is dead capacity. George Pond: Location: George Pond is located in the NE1/4 SW1/4 of Section

21, Township 11 South, Range 96 West, of the 6th P.M. at a point approximately 2,000 feet from the south section line and 2,010 feet

from the west section line of said section. See Figure 1of the Application. Source: Precipitation, precipitation run-off, Jason Spring

and from an un-named creek which discharges into an un-named creek, tributary to Beaver Creek, tributary to Mesa Creek, tributary

to the Colorado River. App. Date: June 15, 2005. Amount: 0.36 acre-feet, with a maximum filling rate of 0.6 c.f.s., together with a

right to fill and refill the pond when water is available in priority, or when the water can be replaced pursuant to the Augmentation

Plan decreed in Case No. 07CW132 (Bourassa Augmentation Plan ID 7936). Uses: Recreational, fire protection, wildlife watering and

augmentation, absolute, and piscatorial, conditional. Water stored in George Pond will be used as a replacement source for Tami Pond

in the Augmentation Plan decreed in Case No. 07CW132 (Bourassa Augmentation Plan ID 7936). Dam and Reservoir Information:

Surface area of high water line: 0.15 acres; Max. height of dam: Approximately 4 feet; Length of dam: 100 feet; Total capacity:

0.36 acre-feet, all of which is active capacity. Jason Spring: Location: Jason Spring is located in the NE1/4 SW1/4 of Section 21,

Township 11 South, Range 96 West, of the 6th P.M. at a point approximately 1,875 feet from the south section line and 1,925 feet

from the west section line of said Section. See Figure 1 of the Application. Source: A Spring tributary to an un-named creek, tributary

to an un-named creek, tributary to Beaver Creek, tributary to Mesa Creek, tributary to the Colorado River. App. Date: June 15, 2005.

Amount: 0.1 c.f.s.; conditional. Uses:To fill and refill Tami Pond and George Pond for the uses of piscatorial, recreational, fire

protection, and wildlife watering. The water from Jason Spring may be used directly for any of the purposes described herein, and/or

AUGUST 2015 RESUME


it may be stored in Tami Pond or George Pond for subsequent release and use for any such purposes. Mandi Headgate: Location:

Mandi Headgate is located in the NE1/4 SW1/4 of Section 21, Township 11 South, Range 96 West, of the 6th P.M. at a point

approximately 1,950 feet from the south section line and 1,900 feet from the west section line of said Section. See Figure 1 of the

Application. Source: Un-named creek, tributary to an un-named creek, tributary to Beaver Creek, tributary to Mesa Creek, tributary to

the Colorado River. App. Date: June 15, 2005. Amount: 0.5 c.f.s., conditional. Uses: To fill and refill Tami Pond and George Pond

for the uses of piscatorial, recreational, fire protection, and wildlife watering. Bourassa Mesa Creek Exchange: The Applicants have a

conditional appropriative right of exchange associated with the use of Mesa Creek Reservoir and Canal Company shares decreed for

use in the Bourassa Augmentation Plan ID 7936. The downstream terminus of the exchange is the confluence of Beaver Creek and

Mesa Creek. The exchange extends up Beaver Creek to its confluence with an un-named creek and then up to the confluence of the

next un-named creek and then up this creek. The upstream terminus of the exchange is the point of diversion for Mandi Headgate.

The exchange reach is shown on Figure 2. The appropriation date of the exchange is September 5, 2006. The maximum amount of

the exchange is 3.61 acre feet with a peak rate of 0.0091 c.f.s. The two storage rights, the two surface water rights and the conditional

appropriative right of exchange described above were decreed as an integrated water system and, therefore, pursuant to C.R.S. § 37-

92-301(4)(b), all work performed with respect to the development of each of the components constitutes diligence toward

development of all of the water rights included in the system. Claim to Make Water Rights Absolute: Tami Pond: Tami Pond has

filled and refilled every year during this diligence period. The CDSS Structure Summary Report for Tami Pond, attached hereto as

Exhibit A, shows that in 2009 Tami Pond was filled by the Mandi Headgate and the Jason Spring. It also shows that in 2009 and 2010

approximately 4 acre-feet of water were diverted into the pond. These fillings occurred under the operation of the Bourassa

Augmentation Plan ID 7936. See Exhibit A and Exhibit B (CDSS Structure Summary Report for Bourassa Augmentation Plan).

Accordingly, the full amount of the Tami Pond water right with the right to fill and refill should be made absolute for all the decreed

uses in accordance with C.R.S. § 37-92-301(4)(e) and C.R.S. § 37-92-103(4)(a). George Pond: George Pond is decreed absolute for

all uses except piscatorial. Now, pursuant to C.R.S. § 37-92-301(4)(e) and C.R.S. § 37-92-103(4)(a), the piscatorial use should be

decreed absolute. Furthermore, the Applicants did stock both ponds with fish in 2010. Bourassa Mesa Creek Exchange: The

exchange is fully operational and Exhibit A shows that the exchange has operated in 2010 through 2014. Therefore, the Applicants

seek to have the conditional exchange decreed absolute in the full amounts of 3.61 acre-feet and 0.0091 c.f.s. Names and addresses of

Landowners: Applicants. The Application contains a detailed outline of what has been done toward completion of the appropriation

and application of water to beneficial use during this diligence period. (12 pages).






81601.





appear to object and protest within the time provided by statute, or be forever barred. 15CW3074 EAGLE AND PITKIN COUNTIES; FRYING PAN RIVER, ROARING FORK RIVER, COLORADO RIVER.

Seven Castles Properties, Ltd., P.O. Box 1657, Basalt, CO 81621; c/o Michael J. Sawyer, Esq. and Jeffrey J. Conklin, Esq, Karp Neu

Hanlon, P.C., 201 14th

Street, Suite 200, Glenwood Springs, CO 81601. Application to Make Conditional Water Rights Absolute,

in Part, and Application for Finding of Reasonable Diligence. Date of original decree and subsequent decrees finding diligence for

all water rights: 8/27/2009, in Case No. 05CW87. No subsequent diligence cases. The Cabin Well, Apartment Well and the Castle

View Pond Well, are all located in T. 8 S., R. 86 W., 6th

P.M., and the source of water for these three structures is the Frying Pan

River, tributary to the Roaring Fork River, tributary to the Colorado River. First Claim: Make Groundwater Right Absolute, in

Part, and Finding of Reasonable Diligence. Cabin Well. Location: The Cabin Well is located in the NW1/4 SW1/4 of Sec. 1, 1415

ft. north of the south section line and 203 ft. east of the west section line. Date of appropriation: Domestic use: 4/21/1980. Irrigation

use: 7/1/2004. Amount: 25 g.p.m., conditional. Uses: Irrigation and domestic (in-house use for eight cabins and/or mobile homes).

Total irrigated area: 0.9 acre of lawn and gardens (total combined for Cabin Well and Apartment Well). Location of irrigated land:

SW1/4 of Sec. 1 and the SE1/4 of Sec. 2, T. 8 S., R. 86 W., 6th

PM. Well Permit: No. 70330-F for 25 g.p.m. for irrigation and

domestic uses. Claim to make absolute, in part: First beneficial use: 8/21/2015. Amount: 15 g.p.m., absolute. Uses: Irrigation of 0.9

acre of lawn and gardens and domestic use in-house for eight cabins and/or mobile homes. Second Claim: Finding of Reasonable

Diligence for Groundwater Right. Apartment Well. Location: The Apartment Well is located in the NE1/4 SE1/4 of Sec. 2, at a

point 1405 ft. north of the south section line and 817 ft. west of the east section line. Date of appropriation: Domestic use: 10/3/1961.

Irrigation use: 7/1/2004. Amount: 25 g.p.m., conditional. Uses: Irrigation and domestic (in-house use for ten apartments). Total

irrigated area: 0.9 acre of lawn and gardens (total combined for Cabin Well and Apartment Well). Location of irrigated land: SW1/4

of Sec. 1 and the SE1/4 of Sec. 2, T. 8 S., R. 86 W., 6th PM. Well Permit: No. 70331-F for 25 g.p.m. for irrigation and domestic uses.

AUGUST 2015 RESUME


Third Claim: Make Groundwater Right Absolute, in Part, and Finding of Reasonable Diligence. Castle View Pond Well.

Location: The Castle View Pond Well’s outlet is located in the SE1/4 SE1/4 of Sec. 2, 1278 ft. north of the south section line and 603

ft. west of the east section line. Surface area of high water line: 2.1 acres. Date of appropriation: 7/1/2004. Amount: 100 g.p.m.,

conditional. Use: Irrigation. Total irrigated area: 8.2 acres of pasture and open space. Location of irrigated land: SW1/4 of Sec. 1 and

the SE1/4 of Sec. 2, T. 8 S., R. 86 W., 6th

PM. Well Permit: No. 79269-F for 100 g.p.m. for irrigation of 8.2 acres of pasture and open

space. Claim to make absolute, in part: First beneficial use: 8/21/2015. Amount: 93 g.p.m., absolute. Uses: Irrigation of 6.3 acres of

pasture and open space. Fourth Claim: Make Appropriative Right of Exchange Absolute, in Part, and Finding of Reasonable

Diligence: Robinson Ditch Exchange. Upper Terminus: Points of diversion for the Cabin Well, Apartment Well, and Castle View

Pond Well. Lower Terminus: The location of the Robinson Ditch point of diversion is in the NE1/4 SE1/4, Sec. 11, T. 8 S., R. 87 W.,

6th

PM. on the north bank of the Roaring Fork River, 1,914 ft. from the south section line and 934 ft. from the east section line. Rate of

Exchange: 0.33 c.f.s. (150 g.p.m.), conditional. Date of appropriation: 5/31/2005. Use: Augmentation. Operation of Exchange: Water

is exchanged from the Robinson Ditch pursuant to the plan for augmentation approved in Case No. 05CW87 and under BWCD water

supply contract No. 378 to address any call originating on the Roaring Fork River or Colorado River downstream of the Robinson

Ditch point of diversion. Claim to make absolute, in part: First beneficial use: Not later than 8/26/2015 when a call was placed for

the water right bearing administration number 30895.23491. Amount: 0.24 c.f.s. (108 g.p.m.), absolute. Use: Augmentation. Fifth

Claim: Make Appropriate Right of Exchange Absolute, in Part, and Finding of Reasonable Diligence. Green Mountain

Reservoir Exchange. Upper Terminus: Points of diversion for the Cabin Well, Apartment Well, and Castle View Pond Well, as

described herein. Lower Terminus: The confluence of the Roaring Fork River and the Colorado River in the SE1/4 NW1/4 of Sec. 9,

T. 6 S., R. 89 W., 6th

PM approximately 2,200 feet from the north section line and 2,400 feet from the west section line. Rate of

Exchange: 0.33 c.f.s. (150 g.p.m.), conditional. Date of appropriation: 5/31/2005. Use: Augmentation. Operation of Exchange:

Water is exchanged from Green Mountain Reservoir pursuant to the plan for augmentation approved in Case No. 05CW87 and under

BWCD water supply contract No. 378 to address any call originating on the Colorado River downstream of the confluence of the

Colorado River and Roaring Fork River. Claim to make absolute, in part: First beneficial use: Not later than 8/26/2015 when a call

was placed for the water right bearing administration number 30895.23491. Amount: 0.24 c.f.s. (108 g.p.m.), absolute. Use:

Augmentation. Owner of land on which structures are located: Applicant. (25 pp. with exhibits).






81601.






15CW3075 (05CW145 (1 of 2)). The Piney Valley Ranches Trust, c/o Daniel J. Leary, Trustee, P.O. Box 9429, Avon, Colorado

81620, (970) 949-6776. Attorneys for Applicant: Richard A. Johnson, #16047, David F. Bower, #39405, Michael S. Davidson,

#42319, JOHNSON & REPUCCI LLP, 2521 Broadway, Suite A, Boulder, Colorado 80304. Phone: 303-442-1900, Fax: 303-442-

0191; Email: [email protected]; [email protected]; [email protected]. Application for Finding of Reasonable

Diligence IN EAGLE COUNTY, Colorado. Overview. In Case No. 05CW145, Water Division 5, The Piney Valley Ranches Trust

(“PVRT”) filed an application for conditional water rights for two ponds and one spring right. As the result of an agreement between

PVRT and the United States of America, Department of the Interior, Bureau of Land Management (the “BLM”), two separate decrees

were entered for the subject water rights, one for the pond and spring located solely on PVRT’s land and one for the pond located on

public property managed by the BLM. By this application, PVRT is seeking a finding of reasonable diligence for the conditional

water rights for the structures located on PVRT land, the Piney Spring and Piney Pond, decreed in Case No. 05CW145 (1 of 2). A

finding of reasonable diligence for the conditional water right for the structure located on BLM land, the BLM Pond, decreed in Case

No. 05CW145 (2 of 2), is being jointly requested by PVRT and the BLM under a separate application. Description of Conditional

Water Rights. Applicant is seeking a finding of reasonable diligence on the conditional water rights described below: Original and

Subsequent Decrees. The subject water rights were conditionally decreed on August 31, 2009, in Case No. 05CW145 (1 of 2), Water

Division 5. A map showing the general location of the subject water rights is attached hereto as Exhibit A. Description of

Conditional Spring Right. Name of Structure. Piney Spring. Legal Description of the Points of Diversion. Location of Piney Spring.

The diversion point for Piney Spring is located in the SW1/4 of the NW1/4 of Section 26, Township 3 South, Range 83 West of the 6th

P.M., Eagle County, Colorado, at a point 1,706 feet south of the North section line and 480 feet east of the West section line of said

1,700 feet south of the North section line and 280 feet east of the West section line of said Section 26. P.V.R.T. Collection Basin No.

1, decreed in Case No. 90CW339, in the District Court in and for Water Division No. 5, at a point located in the SE1/4 of the NE1/4 of


P.M., Eagle County, Colorado, 1,770 feet south of the North section line and

AUGUST 2015 RESUME


Section 26. Locations of Alternate Points of Diversion. Alternate points of diversion for the Piney Spring were decreed at the

following locations: P.V.R.T. Spring No. 3, decreed in Case No. 97CW036, in the District Court in and for Water Division No. 5, at a

point located in the SW1/4 of the NW1/4 of Section 26, Township 3 South, Range 83 West of the 6th

P.M., Eagle County, Colorado,

250 feet west of the East section line of said Section 27. P.V.R.T. Collection Basin No. 2, decreed in Case No. 90CW339, in the

District Court in and for Water Division No. 5, at a point located in the SW1/4 of the NW1/4 of Section 26, Township 3 South, Range

83 West of the 6th

P.M., Eagle County, Colorado, 1,770 feet south of the North section line and 10 feet east of the West section line of

said Section 26. Source. Spring water tributary to Alkali Creek, tributary to the Eagle River. Date of Appropriation. July 29,

2005. Amount. 0.133 cfs, conditional. Uses. Domestic, fire protection, irrigation, watering of domestic animals and livestock, and

fish and wildlife habitat. Piney Spring will also be used as a source for, and to run freshening flows through, the Piney Pond described

below. Description of Conditional Storage Right. Name of Structure. Piney Pond. Legal Description. Piney Pond will be located in

the SW1/4 of the NW1/4 of Section 26, Township 3 South, Range 83 West of the 6th

P.M., Eagle County, Colorado, at a point

approximately 1,534 feet south of the North section line and 397 feet east of the West section line of Section 26. Source. The source

for Piney Pond is Piney Spring, legally described in paragraph 2.B above, tributary to Alkali Creek, tributary to the Eagle River. Date

of Appropriation. July 29, 2005. Amount Claimed. 25.17 acre-feet per year, conditional, with the right to fill and refill. Uses.

Domestic, fire protection, irrigation, fish and wildlife habitat, and watering of domestic animals and livestock. Name and Capacity of

Ditch Leading to Pond. Piney Ditch No. 1, which shall be a filler ditch or pipeline from Piney Spring to Piney Pond, at the rate of

0.133 cfs. Claim for Finding of Reasonable Diligence. The following activities were undertaken since the last diligence finding in

order to complete and apply the subject conditional water rights to their decreed beneficial uses: Storage and Use of Water. The

Piney Spring and Piney Pond have been partially constructed and used to water sheep and for domestic purposes associated with the

sheep operations since the decree was entered in Case No. 05CW145. By written agreement dated June 16, 2011, water from the

Piney Spring has also been leased to PVRT’s neighbor, the 4 Eagle Ranch, LLC, for use as part of its ranching operations. Applicant

is also reviewing information on the required measuring and recording devices so that the subject rights can be made absolute in the

future. General Legal and Engineering Costs. PVRT has incurred general legal and engineering costs during the subject diligence

period in monitoring, evaluating and participating in water rights cases and other related projects in order to protect its water rights

against injury. Name of Landowner upon which any New or Modified Diversion Structure is Located. All of the subject structures

are on land owned by Applicant. (6 pages)






81601.






15CW3076 (05CW145 (2 of 2)). The Piney Valley Ranches Trust, c/o Daniel J. Leary, Trustee, P.O. Box 9429, Avon, Colorado

81620, (970) 949-6776; United States of America, Department of the Interior, Bureau of Land Management, 50629 Highways 6 & 24,

Glenwood Springs, Colorado 81602. Attorneys for The Piney Valley Ranches Trust: Richard A. Johnson, #16047, David F. Bower,

#39405, Michael S. Davidson, #42319, JOHNSON & REPUCCI LLP, 2521 Broadway, Suite A, Boulder, Colorado 80304; Phone:

303-442-1900; Fax: 303-442-0191; Email: [email protected]; [email protected]; [email protected]. Attorney for the

Bureau of Land Management: Kristen C. Guerriero, #32663, Special Assistant United States Attorney, Office of the Regional

Solicitor; United States Department of the Interior; 755 Parfet Street, Suite 151; Lakewood, Colorado 80215; Phone: 303-231-5353,

x522; Fax: 303-231-5363; Email: [email protected]. Application for Finding of Reasonable Diligence, IN EAGLE

COUNTY, Colorado. Overview. In Case No. 05CW145, Water Division 5, The Piney Valley Ranches Trust (“PVRT”) filed an

application for conditional water rights for two ponds and one spring right. As the result of an agreement between PVRT and the

United States of America, Department of the Interior, Bureau of Land Management (the “BLM”), two separate decrees were entered

for the subject water rights, one for the pond and spring located solely on PVRT’s land and one for the pond located on public

property managed by the BLM. By this application, PVRT is seeking a finding of reasonable diligence for the conditional water right

for the structure located on BLM land, the BLM Pond, decreed in Case No. 05CW145 (2 of 2). A finding of reasonable diligence for

the conditional water rights for the structures located on PVRT land, the Piney Spring and Piney Pond, decreed in Case No. 05CW145

(1 of 2), is being requested by PVRT under a separate application. Description of Conditional Water Right. Applicants are seeking a

finding of reasonable diligence on the conditional water right described below: Original and Subsequent Decrees. The subject water

right was conditionally decreed on August 31, 2009, in Case No. 05CW145 (2 of 2), Water Division 5. A map showing the general

location of the subject water right is attached hereto as Exhibit A. Name of Structure. BLM Pond. Legal Description. BLM Pond

will be located on public property managed by the BLM adjacent to PVRT’s property in the SE1/4 of the NE1/4 of Section 27,

AUGUST 2015 RESUME


Township 3 South, Range 83 West of the 6th

P.M., Eagle County, Colorado, at a point 2,282 feet south of the North section line and

853 feet west of the East section line of said Section 27. Coordinates for this pond are 357022mE, 4402948mN, from the 1/4 corner

of Sections 27 and 26 at 357283.9 mE and 4402876.7mN, NAD 1983, UTM Zone 13 N. Source. The source for BLM Pond is

Piney Spring, tributary to Alkali Creek, tributary to the Eagle River. The diversion point for the BLM Pond water right shall be

the Piney Spring diversion point, located in the SW1/4 of the NW1/4 of Section 26, Township 3 South, Range 83 West of the 6th

P.M.,

Eagle County, Colorado, at a point 1,706 feet south of the North section line and 480 feet east of the West section line of said Section

26. Date of Appropriation. September 22, 2005. Amount Claimed. 0.83 acre-feet per year, conditional, with the right to fill and

refill. Uses. Fire protection, wildlife habitat, and watering of domestic animals and livestock. Name and Capacity of Ditch Leading

to Pond. Piney Ditch No. 2, which shall be a filler ditch or pipeline from Piney Spring to BLM Pond, at the rate of 0.133 cfs. Claim

for Finding of Reasonable Diligence. The following activities were undertaken since the last diligence finding in order to complete

and apply the subject conditional water rights to their decreed beneficial uses: Storage and Use of Water. The BLM Pond is intended

to serve as an additional source of supply for sheep watering for the ranching operations on PVRT and BLM-leased property, along

with the Piney Spring and Piney Pond rights. The Piney Spring and Piney Pond have been partially constructed and used to water

sheep and for domestic purposes associated with the sheep operations since the decree was entered in Case No. 05CW145. By written

agreement dated June 16, 2011, water from the Piney Spring has also been leased to PVRT’s neighbor, the 4 Eagle Ranch, LLC, for

use as part of its ranching operations. Because all of the 05CW145 rights are components of an integrated water supply system, the

work on the Piney Spring and Piney Pond is also evidence of diligence on the BLM Pond right. General Legal and Engineering

Costs. PVRT has incurred general legal and engineering costs during the subject diligence period in monitoring, evaluating and

participating in water rights cases and other related projects in order to protect its water rights against injury. Name of Landowner

upon which any New or Modified Diversion Structure is Located. The BLM Pond is on public property managed by the BLM. PVRT

has permission from the BLM pursuant to a Cooperative Agreement for Range Improvement to build the BLM Pond and the filler

ditch pipeline for the uses described above. (7 pages)






81601.






15CW3077 (PITKIN, ROARING FORK, WATER DIST. 38) Applicant: Dennis Gage and Regina Gage Family Trust, c/o

Rhonda J. Bazil, Rhonda J. Bazil, P.C., 230 E. Hopkins Ave., Aspen, CO 81611 (970) 925-7171. Drainage basin: Roaring Fork,

tributary to the Colorado River. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. Structure: Salcott River

Well. Location: The Salcott River Well is an infiltration gallery (well) situate 150 feet from the South Section line of Section 9 and

1310 feet from the West section line of said Section (SW1/4 SW1/4 of Section 9), Township 9 South, Range 85 West of the 6th

P.M.

(Pitkin County). Type of use: in-house domestic, fire-protection, and the irrigation of up to 10,000 square-feet of lands. Type of

structure: infiltration gallery (well). Quantity: 0.0045 c.f.s. (2.0 g.p.m.) conditional. Appropriation date: April 28, 1993. The

application contains a detailed description of the activities performed during the diligence period. (5 pages)






81601.






15CW3078 GARFIELD COUNTY, CRYSTAL RIVER. Application for Finding of Reasonable Diligence. The Homeowners

Association of The Coryell Ranch, Sara Dunn, Esq., Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81601.

Southard and Cavanaugh Ditch Coryell Ranch Enlargement. Original decree: 4/3/00. Case No. 98CW310. District Court, Water

Division No. 5. The court entered finding of reasonable diligence in Case No. 06CW73 entered on 8/30/09. Location: As decreed in

AUGUST 2015 RESUME


W-2910, the headgate is situated in Lot 6 of Sec. 33, T. 7 S., R. 88 W. of the 6th

P.M., located at a point whence the NW corner of said

Sec. 33 bears N. 52 Deg. 27’17” W. a distance of 3,214.47 ft., and the diversion point is situate in Lot 6 of said Sec. 33 located at a

point whence the NW corner of said Sec. 33 bears N. 51Deg. 31’22” W. a distance of 3,299.29 ft., Garfield County. Date of approp.:

11/20/98. Amt.: 4.32 c.f.s., cond. Uses: To fill and refill the Coryell Ranch Lakes, including to replace seepage and evaporation losses

from said lakes outside the historic irrigation season; and provide occasional soil moisture recharge to lawn and landscape outside of

historic irrigations season (when in priority). Kaiser and Sievers Ditch Coryell Ranch Enlargement. Original decree: 4/3/00. Case

No. 98CW310. District Court, Water Division No. 5. The court entered finding of reasonable diligence in Case No. 06CW73 entered

on 8/30/09. Location: As decreed in W-2910, the headgate is situated in Lot 14 of Sec. 33, T. 7 S., R. 88 W. of the 6th

P.M., located at

a point whence the NW corner of said Sec. 33 bears N. 31 Deg. 58’47” W. a distance of 4,203.87 ft., and the diversion point is situated

in Lot 14 of Sec. 33, T. 7 S., R. 88 W. of the 6th

P.M. located at a point whence the NW corner of said Sec. 33 bears N. 30 Deg. 56’40”

W. a distance of 4,595.91 ft., Garfield County. Date of approp.: 11/20/98. Amount: 4.32 c.f.s., cond. Uses: To fill and refill the Coryell

Ranch Lakes, including to replace seepage and evaporation losses from said lakes outside the historic irrigation season; and provide

occasional soil moisture recharge to lawn and landscape outside of historic irrigations season (when in priority). Coryell Ranch Lake

No 1. Original decree: 4/3/00. Case No. 98CW310. District Court, Water Division No. 5. The court entered finding of reasonable

diligence in Case No. 06CW73 entered on 8/30/09. Location: The outlet for the Coryell Ranch Lake 1 is located in the NW1/4, SE1/4

of Sec. 29, T. 7 S., R. 88 W., 6th

P.M. at a point 2020 ft. from the S. line of said Sec. 29, and 1510 ft. from the E. line of said Sec. 29.

The outlet for the Coryell Ranch Lake 1A is located in the NW1/4, SE1/4 of Sec. 29, T. 7 S., R. 88 W., 6th P.M. at a point 2155 ft.

from the S. line of said Sec. 29, and 1680 ft. from the E. line of said Sec. 29. The outlet for the Coryell Ranch Lake 1B is located

SW1/4 of Sec. 28, T. 7 S., R. 88 W., 6th

P.M. at a point 950 ft. from the S. line of said Sec. 28, and 340 ft. from the W. line of said

Sec. 28. Source: Crystal River, through the Southard and Cavanaugh Ditch Coryell Ranch Enlargement and Kaiser and Sievers Ditch

Coryell Ranch Enlargement, and the Applicant’s interests in the senior Southard and Cavanaugh Ditch (priority nos: 106, 170, 206 and

298) and Kaiser and Sievers Ditch (priority nos: 136, 199, and 217AA) to replace evaporation losses (which interest may also be

routed through the lakes as part of the irrigation system). Date of approp.: 11/20/98. Amt: Volume 4.96 AF, Surface Area: 0.67 AF,

Cond. Uses: The Coryell Ranch Lake No. 1 will be used within the Coryell Ranch PUD for irrigation, recreation, aesthetic, fire

protection, water quality enhancement and piscatorial. Coryell Ranch Lake No 2. Original Decree: 4/3/00. Case No. 98CW310.

District Court, Water Division No. 5. The court entered finding of reasonable diligence in Case No. 06CW73 entered on 8/30/09.

Location: The outlet for the Coryell Ranch Lake 2 is located in the NW1/4, SE1/4 of Sec. 29, T. 7 S., R.88 W., 6th

P.M. at a point

2530 ft. from the S. line of said Sec. 29 and 1860 ft. from the E. line of said Sec. 29. The outlet for the Coryell Ranch Lake 2A is

located in the SW1/4, NE1/4 of Sec. 29, T. 7 S., R. 88 W., 6th

P.M. at a point 2660 ft. from the S. line of said Sec. 29 and 1885 ft. from

the E. line of said Sec. 29. Source: Crystal River, through the Southard and Cavanaugh Ditch Coryell Ranch Enlargement and Kaiser

and Sievers Ditch Coryell Ranch Enlargement, and the Applicant’s interests in the senior Southard and Cavanaugh Ditch (priority nos:

106, 170, 206 and 298) and Kaiser and Sievers Ditch (priority nos: 136, 199, and 217AA) to replace evaporation losses (which interest

may also be routed through the lakes as part of the irrigation system). Date of approp.: 11/20/98. Amt.: Volume 9.74 AF, Surface

Area: 0.67 AF, Cond. Uses: The Coryell Ranch Lake 2 will be used within the Coryell Ranch PUD for irrigation, recreation, aesthetic,

fire protection, water quality enhancement and piscatorial. Detailed outline of what has been done toward completion or for

completion of the Approp. and application of water to a beneficial use as conditionally decreed, including expenditures is included in

the Application on file with the Water Court. Name and address of owner of the land upon which structures are located and where

water will be placed to beneficial use: Applicant. (8 pgs.)






81601.






15CW3079 GRAND COUNTY. APPLICATION FOR PLAN FOR AUGMENTATION INCLUDING APPROPRIATIVE

RIGHT OF EXCHANGE. Everist Materials, LLC, P.O. Box 1150, 28755 Highway 9, Silverthorne, Colorado 80498 [720-524-4294].

Robert E. Schween, Robert E. Schween, P.C., 62489 E. Border Rock Rd., Tucson, AZ 85739. Tele: 303-995-7870. Email:

[email protected]. 2. Overview of Application: (1) Applicant seeks a plan for augmentation including substitution and exchange for

replacement of stream depletions caused by out-of-priority withdrawals from a well to be constructed into the Troublesome Formation

which depletes Crooked Creek, tributary to the Fraser River, tributary to the Colorado River. (2) The plan sought is in support of a

concrete and gravel operation in Grand County. The concrete operation is located generally in the SW ¼ of Section 12, Township 1


P.M., in Grand County. The contemplated life of this plan is for 40 years. (3) This plan is unrelated to


AUGUST 2015 RESUME


the absolute and conditional direct flow and storage water rights and plan for augmentation including substitution and appropriative

right of exchange that were decreed in Case No. 08-CW-061, WD-5, except that the Morrow Pond No. 1 decreed in such case may be

used as part of the infrastructure for replacement of stream depletions. 3. Application for Plan for Augmentation: A. Structure to be

Augmented: The Everist Well No. T-1. (1) Structure. Well T-1 will withdraw water from the Troublesome Formation for direct use in

the concrete operations. The location of the well is described above and shown on the Location Map attached as Exhibit A and

further shown at Exhibit B. (2) Summary of Diversions: Based upon Applicant’s estimates, monthly amounts of withdrawal will be

0.6 acre-feet (AF). Operations are limited to a six-month period each year. Applicant requests the right to divert up to 3.6 AF/year.

(3) Summary of Return Flows: Because of the nature of the concrete operation, the expected uses will be fully consumptive. This

plan does not claim credit for return flows to the stream system. (4) Summary of Stream Depletions: Stream depletions equal the

amount of water that is withdrawn and consumptively used by the concrete operation. It is expected that all water withdrawn under

this plan will be fully consumed, therefore maximum annual consumptive use will be 3.6 acre-feet. (5) Replacement Sources:

Applicant intends to make full replacement of its stream depletions on a monthly basis through the following sources: (a) Water stored

in priority from the in the Morrow Pond No. 1. (b) Wolford Mountain Reservoir Releases. (i) The Colorado River Water Conservation

District (CRWCD) owns and operates Wolford Mountain Reservoir. Wolford Mountain Reservior was adjudicated in Case No. 87-

CW-283, Water Division 5, for 59,993 acre-feet (“AF”) with an appropriation dated of December 14, 1987, for all beneficial uses,

including without limitation, domestic, municipal, agricultural, and recreational. The decree was entered November 20, 1989. (ii) The

legal description of the place of storage is: Wolford Mountain Reservior, the dam of which is located in the SW ¼ NE ¼ of Section

25, Township 2 North, Range 81 West of the 6th

P.M. The intersection of the dam axis (Sta. D19+35.61) with the West Access Road

(Sta. WR50+55.05) occurs at a point which bears South 53°24’ 56” East a distance of 3,395.61 feet from the northwest corner of said

Section 25; the bearing of said dam axis from Sta. 19+35.61 to Sta. 0+00 being S. 75°28’29”E. (iii) The source of the water is Muddy

Creek and its tributaries, all tributary to the Colorado River. (iv) Additional applicable decrees are: Case No. 95CW281, entered on

August 26, 1997, in the same District Court for 6,000 acre feet (enlargement) with an appropriation date of January 16, 1995, for all

beneficial uses by and for the benefit of the inhabitants of the CRWCD, including without limitation, domestic, municipal, industrial,

irrigation, agricultural, piscatorial, recreational, and environmental mitigation; and Case No. 98CW237, entered on July 6, 2000, in the

same District Court for 30,000 acre-feet (refill) with an appropriation date of November 17, 1998, for the same beneficial uses decreed

in the previous cases. 4. Application for Appropriative Right of Exchange: A. Exchange Points: (1) Downstream Point: Wolford

Mountain Reservoir, location as described above. (2) Upstream Point: Everist Well T-1, described above. B. Date of Appropriation for

Exchange: August 31, 2015. C. How Appropriation Was Initiated: Applicant contracted with Quantum Water & Environment to

prepare Augmentation Plan. D. Description of Exchange: Replacement of stream depletions may be made to the Colorado River from

Muddy Creek by exchange. The exchange reach will be from the point of release of Wolford Mountain water into the Colorado River,

located at NW ¼ of NE ¼, Section 19, Township 1 North, Range 80 West of the 6th

P.M., at a distance approximately 100 feet from

North section line and 1900 feet from East section line (the downstream point of exchange), up to the confluence of the Colorado

River and the Fraser River, in SW ¼ of SW ¼, Section 25, Township 2 North, Range 77 West of the 6th

P.M., at a point 225 feet from

West section line and 190 feet from South section line; thence from that point upstream to the confluence of the Fraser River and

Crooked Creek, in the SW ¼ of SE ¼, Section 36, T-1-N, R-76-W, 6th

P.M., approximately 715 feet from South Section Line and

approximately 1775 feet from East section line; thence up to Well T-1’s point of withdrawal, in the SW ¼, SW ¼ of Section 12,


P.M., at a distance approximately 150 feet from the West section line and 675 feet from

the South section line of said Section 12 (the upstream point of exchange). E. Exchange Rate: Up to 100 gpm. 5. Other Replacement

Options: A. Replacements of stream depletions may also be made to Crooked Creek, tributary of the Fraser River, by water stored in

priority in the Morrow Pond No. 1, which is located in the SW ¼, SW ¼ of Section 12, Township 1 South, Range 76 West of the 6th

P.M. Applicant will release water from the Morrow Pond No. 1 in the amount of water necessary to offset its out-of-priority

diversions from the Well T-1 during times of call that may not be offset by the Wolford Mountain releases. B. Water will be released

from the Morrow Pond No. 1 at such times, and in such amounts as shall be directed by the Water Commissioner for protection of

senior water rights. Releases will be made to Muddy Creek at or above the point at which the stream depletions occur in Muddy

Creek. 6. Post-Operation Stream Depletions: The withdrawal of water under this plan is from the Troublesome Formation

for a period of 40 years. All stream depletions caused by such withdrawals are lagged to the stream. When diversions cease,

Applicant will continue to make replacement of all lagged stream depletions until such depletions are fully replaced. See the

Technical Letter Report attached hereto as Exhibit C. 7. Summary of Plan Operation: A. Diversions from Stream: The Everist

Well T-1 is completed in the Troublesome Formation, within 1150 feet of the live stream, and diverts water for the concrete

operations at up to 100 gpm for direct use. Stream depletions are lagged to the stream and fully replaced by the sources described

herein. The operation’s uses are all uses associated with concrete operations, including truck and equipment washing, and dust

suppression.B. Consumptive Use: All water withdrawn under this plan is considered to be consumptively used. C. Replacement of

Stream Depletions: 15.7 AF of augmentation water was purchased for this purpose by means of contract with the Colorado River

Water Conservation District using Wolford Mountain Reservoir. If additional replacement water is needed at any time, then

additional releases may be made from water stored in the Morrow Pond No. 1, as described above and in the decree in Case No. 08-

CW-061, Water Division 5. 8. Proposed Terms and Conditions: A. Applicant will perform all necessary accounting functions and

make reports to the Division Engineer as requested. A sample accounting form will be attached to the proposed ruling and decree. B.

The exchange from Wolford Mountain will only occur when there is a live stream across the entire exchange reach. C. The plan

AUGUST 2015 RESUME


requested herein will prevent injurious effect upon other owners or persons entitled to use water under vested or decreed conditional

water rights. 9. Name and Address of Owners of Land Upon Which Water Rights Are Located: Applicant is the lessee of the

property. The landowner is Murphy Mining & Minerals, P.O. Box 97, Fraser, CO 80442. Any person or entity holding a lien or

encumbrance on the overlying land will be notified and served a copy of this application within 14 days of the filing of the application

to comply with the lienholder notice provisions set forth in §§37-92-302(2)(b) and § 37-90-137(4)(b.5)(I), C.R.S. 10. Jurisdiction:

The Water Court has jurisdiction over the subject matter of this application pursuant to Section 37-92-302, C.R.S. 11. Remarks: The

rights requested in this application are needed to serve Applicant’s present and future water resource demand for its concrete

operation. Applicant is committed to developing the augmentation plan and appropriative right of exchange requested herein.

Applicant has the requisite intention and necessary financial capacity to complete the tasks necessary to withdraw and beneficially use

the rights herein requested. 12. Prayers For Relief: WHEREFORE, Applicant requests this Court to enter a decree: A. Granting the

application herein and awarding the plan for augmentation, and appropriative right of exchange requested herein. B. Retaining

jurisdiction over this matter for a period necessary to assure that the operation of the plan will not cause injury to other vested water

rights. FURTHER, Applicant asks the Court grant such other relief as it deems just and proper in this matter. (6 pgs.)






81601.






15CW3080 BCP-ARR Water, LLC, c/o Chad Brue, 1601 Arapahoe Street, 11th

Floor, Denver, CO 80202, Telephone 303-500-8977.

Please send all pleadings and correspondence to Applicant’s counsel: Steven O. Sims and Dulcinea Hanuschak, Brownstein Hyatt

Farber Schreck, LLP, 410 17th Street, Denver, CO 80202; Telephone Number: 303-223-1100; Fax Number: 303-223-1111; Email:

[email protected]; [email protected]. APPLICATION FOR WATER RIGHTS IN EAGLE COUNTY. (1) Name of

Structure. Confluence Reservoir and East Brush Creek Confluence Ditch. (2) Description of conditional water right. (2.1) Date of

original decree: Adjudicated October 27, 1980 in Water Div. 5 Case No. W-3660. (2.2) Subsequent decrees: 84CW309; 88CW340;

95CW17; 01CW159 (filed by Adam’s Rib Recreational Area, as Adam’s Rib Ranch Corp. commonly does business under this name);

08CW48 (Adam’s Rib Recreational Area). (2.3) Legal description: The right abutment of the Confluence Reservoir is in the SW¼ of

the NW¼ Section 18, T6S., R83W. of the 6th

P.M. at a point whence the Northeast Corner of said Section 18 bears N. 72º30’E. a

distance of 6,100 feet. The supplemental legal description provides that the point of the right abutment is in the SW1/4 of the NW1/4

of Section 18, T6S, R83W of the 6th

P.M. 3290 feet from the South section line and 5790 feet from the East section line. The location

of the point of diversion for the East Brush Creek Confluence Ditch is where the northeast corner of Section 18, T6S, R83W of the 6th

P.M. bears N.79º00’E a distance of 3340 feet. The supplemental legal description provides that the point of diversion is in the NE1/4

of the NW1/4 of Section 18, T6S, R83W of the 6th

P.M. 4530 feet from the South section line and 3270 feet from the East Section

Line. The locations of the subject water rights are shown on the map attached as Exhibit A. (2.4) Source: For Confluence Reservoir,

the source is West Brush Creek and East Brush Creek through the East Brush Creek Confluence Ditch, tributary to Brush Creek,

tributary to the Eagle River. For East Brush Creek Confluence Ditch, the source is East Brush Creek, tributary to Brush Creek,

tributary to the Eagle River. (2.5) Date of appropriation: December 1, 1977. (2.6) Amount: 720 AF are decreed for Confluence

Reservoir, including 360 AF owned by BCP-ARR, and 10 cfs conditional for East Brush Creek Confluence Ditch. (2.7) Uses: The

decreed uses for both the Reservoir and the Ditch are irrigation, recreation, fish and wildlife propagation, snowmaking, commercial,

manufacturing, all municipal uses, including domestic, industrial, mechanical, fire protection, power generation, and recreational

purposes. (3) Detailed outline of activity during the diligence period: During the diligence period, Applicant has taken steps to

diligently develop the subject water rights including, without limitation, the activities described in the list below. This list is not

intended to be inclusive and may be supplemented with additional evidence: The Applicant has spent substantial funds on consultants,

engineers, lawyers and staff to pursue and obtain an amended final plat approval for the Frost Creek and Salt Creek PUD, a residential

development that includes lands on which the Applicant will use the Subject Water Rights; The Applicant has spent several million

dollars building infrastructure, including a separate raw water irrigation system and pond system for the project; The Applicant has

completed construction of the golf course; The Applicant built a clubhouse as well as several homes within the Frost Creek and Salt

Creek PUD. Many of the lots within the PUD have yet to be developed, so the Subject Water Rights will be phased in as the

development builds out. The Subject Water Rights and land use opportunities for the property were extensively analyzed and studied;

The Applicant assisted in the water rights applications of the Town of Eagle for municipal water service for lands in the Frost Creek

and Salt Creek PUD and adjacent properties that the Applicant owns; The Subject Water Rights are part of the overall future water

system for the development of lands within the Frost Creek and Salt Creek PUD and adjacent properties as the use of such lands



AUGUST 2015 RESUME


changes according to different development scenarios. (4) The land on which the subject structures are located, on which the water

will be stored, or on which water will be placed to beneficial use is owned by: (4.1) Applicant; (4.2) Colorado Division of Parks and

Wildlife, 1313 Sherman Street, 6th

Floor, Denver, Colorado 80203; (4.3) United States Forest Service, 120 Midland Avenue, Suite 140

Glenwood Springs, Colorado 81601. (5 pgs.)


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



81601.






15CW3081 EAGLE COUNTY, SQUAW CREEK, LAKE CREEK, EAGLE RIVER. Application for Findings of Reasonable

Diligence and/or to Make Certain Conditional Water Rights Partially Absolute. Colorow at Squaw Creek Homeowners Assn., Inc., c/o

Mark E. Hamilton, Esq. and Meghan Winokur, Esq., Holland & Hart LLP, 600 E. Main St., Ste. 104, Aspen, CO, 81611, 970-925-

3476, [email protected], [email protected]. Names of Conditional Water Rights: (1) Wells: Colorow Wells 1-23,

Shapiro Well Nos. 1 & 2, Connors Well No. 1; (2) Lake Creek Exchange, Squaw Creek Exchange, Eagle River Exchange, and Colorado

River Exchange. Prior decree information: 04CW84, 08/27/09, Water Division No. 5. Decreed locations: (1) Wells: Colorow Well No. 1:

SW ¼ NE ¼ Sec. 24, T. 5 S., R. 83 W., 6th P.M., 2,460 ft. S. of the N. sec. line, and 2,940 ft. W. of the E. sec. line; Colorow Well No. 2:

SE ¼ SE ¼, Sec. 13, T. 5 S., R. 83 W., 6th P.M., 90 ft. N. of the S. sec. line and 1,850 ft. W. of the E. sec. line; Colorow Well No. 3: SE ¼

NW ¼ Sec. 13, T. 5 S., R. 83 W., 6th P.M., 3,520 ft. N. of the S. sec. line and 5,060 ft. W. of the E. sec. line; Colorow Well No. 4: SE ¼

NW ¼ Sec. 13, T. 5 S., R. 83 W. 6th P.M., 2,450 ft. N. of the S. sec. line and 5,050 ft. W. of the E. sec. line; Colorow Well No. 5: SE ¼NW

¼, Sec. 13, T. 5 S., R. 83 W., 6th P.M., 1,660 ft. S. of the N. sec. line and 1,780 ft. E. of the W. sec. line; Colorow Well No. 6: SW ¼ NE ¼

Sec. 13, T. 5 S., R. 83 W., 6th P.M., 3,765 ft. N. of the S. sec. line, and 3,250 ft. W. of the E. sec. line; Colorow Well No. 7: SW ¼ NE ¼

Sec. 13, T. 5 S., R. 83 W., 6th P.M., 3,890 ft. N. of the S. sec. line, and 2,800 ft. W. of the E. sec. line; Colorow Well No. 8: SW ¼ NE ¼

Sec. 13, T. 5 S., R. 83 W., 6th P.M., 3,910 ft. N. of the S. sec. line and 2,420 ft. W. of the E. sec. line; Colorow Well No. 9: NW ¼ SE ¼

Sec. 13, T. 5 S., R. 83 W., 6th P.M., 1,690 ft. N. of the S. sec. line and 3,140 ft. W. of the E. sec. line; Colorow Well No. 10: NW ¼ SE ¼

Sec. 13, T. 5 S., R. 83 W., 6th P.M., 1,170 ft. N. of the S. sec. line, and 2,625 ft. W. of the E. sec. line; Colorow Well No. 11: SW ¼ SE ¼

Sec. 13, T. 5 S., R. 83 W., 6th P.M., 520 ft. N. of the S. sec. line and 2,540 ft. W. of the E. sec. line; Colorow Well No. 12: SW ¼ SE ¼ Sec.

13, T. 5 S., R. 83 W., 6th P.M., 1,250 ft. N. of the S. sec. line, and 1,560 ft. W. of the E. sec. line; Colorow Well No. 13: NW ¼ NE ¼ Sec.

24, T. 5 S., R. 83 W., 6th P.M., 985 ft. S. of the N. sec. line and 2,800 ft. W. of the E. sec. line; Colorow Well No. 14: NE ¼ NE ¼ Sec. 24,

T. 5 S., R. 83 W., 6th P.M., 450 ft. S. of the N. sec. line, and 1,800 ft. W. of the E. sec. line; Colorow Well No. 15: NW ¼ NE ¼ Sec. 24, T.

5 S., R. 83 W., 6th P.M., 15 ft. S. of the N. sec. line and 2,780 ft. W. of the E. sec. line; Colorow Well No. 16: NW ¼ NE ¼ Sec. 24, T. 5 S.,

R. 83 W., 6th P.M., 4,725 ft. N. of the S. sec. line and 2,675 ft. W. of the E. sec. line; Colorow Well No. 17: NE ¼ NE ¼, Sec. 24, T. 5 S.,

R. 83 W., 6th P.M., 716 ft. S. of the N. sec. line and 548’ W. of the E. sec. line; Colorow Well No. 18: NE¼, NE¼Sec. 24, T. 5 S., R. 83

W., 6th P.M., 918 ft. S. of the N. sec. line and 290 ft. W. of the E. sec. line; Colorow Well No. 19: SE ¼ NE ¼ Sec. 24, T. 5 S., R. 83 W.,

6th P.M., 1,740 ft. S. of the N. sec. line and 2,040 ft. W. of the E. sec. line; Colorow Well No. 20: SE ¼ NE ¼ Sec. 24, T. 5 S., R. 83 W.,

6th P.M., 1,510 ft. S. of the N. sec. line and 1,730 ft. W. of the E. sec. line; Colorow Well No. 21: SW ¼ NE ¼ Sec. 24, T. 5 S., R. 83 W.,

6th P.M., 2,450 ft. S. of the N. sec. line and 1,860 ft. W. of the E. sec. line; Colorow Well No. 22: SE ¼ NE ¼ Sec. 24, T. 5 S., R. 83 W.,

6th P.M., 2,330 ft. S. of the N. sec. line and 1,370 ft. W. of the E. sec. line; Colorow Well No. 23: NW ¼SE ¼of Sec. 13, T. 5 S., R. 83 W.

6th P.M., 2,595’ N. of the S. sec. line and 3,280 ft. W. of the E. sec. line; Shapiro Well No. 1: NW ¼ NE ¼ Sec 24., T. 5 S., R. 83 W, 6th

P.M., 600 ft. S. of N. sec line and 3,765 ft. E of W. sec line; Shapiro Well No. 2: NE ¼ SW ¼ of Sec. 13, T. 5 S., R. 83 W., 6th P.M., 2,560

ft. N. of S. sec. line and 4,030 ft. W. of E. sec line; Connors Well No. 1: SW ¼ SE ¼ of Sec. 13, T. 5 S., R. 83 W., 6th P.M., 50 ft. N. of S.

sec line and 2,420 ft. W. of E. sec line; (2) Exchanges: (a) Lake Creek Exchange: this exchange reach follows Lake Creek from the

upstream locations of the Colorow Well Nos. 1, 2, 12, 13, 14, 17, 18, 19, 20, 21 and 22, and Shapiro Well No. 1 to the confluence of

Lake Creek with the Eagle River; (b) Squaw Creek Exchange: this exchange reach follows Squaw Creek from the points of diversion

for the Colorow Well Nos. 3, 4, 5, 6, 7, 8, 9, 10, 11, 15, 16, and 23, and Shapiro Well No. 2 and Connors Well No. 1 to the confluence

of Squaw Creek with the Eagle River; (c) Eagle River Exchange: this exchange reach follows the Eagle River from its confluence with

the Colorado River upstream to the confluence of the Eagle River and Squaw Creek or Lake Creek, then up Squaw Creek or Lake

Creek to the points of diversion for Colorow Well Nos. 1-23, Shapiro Well Nos. 1 and 2, and Connors Well No. 1; (d) Colorado River

Exchange: this exchange reach follows the Colorado River from its confluence with the Roaring Fork River upstream to the

confluence of the Colorado River and the Eagle River, then follows the Eagle River upstream to its confluence with Squaw Creek or

Lake Creek, then up Squaw Creek or Lake Creek to the points of diversion for Colorow Well Nos. 1-23, Shapiro Well Nos. 1 and 2,

and Connors Well No. 1. Sources: Wells: (a) Colorow Well Nos. 1, 2, 12, 13, 14, 17, 18, 19, 20, 21 and 22, and Shapiro Well No. 1:



AUGUST 2015 RESUME


groundwater tributary to Lake Creek, a tributary of the Eagle River, a tributary of the Colorado River; (b) Colorow Well Nos. 3, 4, 5,

6, 7, 8, 9, 10, 11, 15, 16, and 23, Shapiro Well No. 2 and Connors Well No. 1.: groundwater tributary to Squaw Creek, a tributary of

the Eagle River, a tributary of the Colorado River. Exchanges (see final decree in 04CW84): (a) Lake Creek Exchange: Eagle River

and Colorado River Supply sources pursuant to water supply contracts with Colorado River Water Conservation District (Eagle River

sources include Eagle Park Reservoir and Homestake Reservoir, Colorado River sources include Wolford Mountain Reservoir and

Ruedi Reservoir), Lake Creek (Lui Hopper Ditch); (b) Squaw Creek Exchange: Eagle River and Colorado River Supply sources

pursuant to water supply contracts with Colorado River Water Conservation District (Eagle River sources include Eagle Park

Reservoir and Homestake Reservoir, Colorado River sources include Wolford Mountain Reservoir and Ruedi Reservoir); (c) Eagle

River Exchange: Colorado River Supply sources pursuant to water supply contracts with Colorado River Water Conservation District

(include Wolford Mountain Reservoir and Ruedi Reservoir); Colorado River Exchange: Ruedi Reservoir. Depth (all wells): approx.

400 ft. Appropriation date: 10/17/2003 (for additional conditional amounts and uses decreed to each Well in 04CW84 and for all

Exchanges). Amounts: (a) all Wells: 15 g.p.m. (0.0334 c.f.s.). Each well was originally approved in 86CW182 and 87CW194 for

irrigation, domestic, and fire protection, including up to 262.5 gallons per day from each well for domestic use – this application

concerns the additional/expanded uses of these wells pursuant to the final decree in 04CW84 which conditionally approved domestic

use of up to 600 gallons per day from each well and livestock watering in the amount of 11 gallons per day per head with total of up to

52 head throughout the subdivision; (b) Exchanges: (1) Lake Creek Exchange: 0.16 c.f.s., cond.; (2) Squaw Creek Exchange: 0.20

c.f.s. , cond.; (3) Eagle River Exchange: 0.36 c.f.s., cond.; (4) Colorado River Exchange: 0.36 c.f.s., cond. Decreed Uses (all Wells and

Exchanges): irrigation, domestic, fire protection, livestock watering (see above comment regarding conditional amounts and uses for

Wells; all Exchanges are conditional at the present time). Remarks: The subject conditional water rights are all part of a plan for

augmentation for the Colorow at Squaw Creek subdivision in Eagle County. Pursuant to that plan for augmentation, during call

periods out-of-priority water uses are replaced by one of a combination of releases from Colorado River and Eagle River supply

sources pursuant to a water supply contract from the Colorado River Water Conservation District, and/or a bypass of water from the

Lui Hopper Ditch pursuant to a lease with the Lake Creek Metropolitan District. Maps showing the wells within the subdivision and

the reaches of the conditional appropriative rights of exchange approved in Case. No. 04CW84 are attached to the application as

Figures 1-4. Claims to make absolute: (a) Wells: Colorow Well Nos. 3, 5, 7, 9, 10, 11, 13, 14, 15, 16, 19, and 23 have each been

pumped at a rate of 15.0 g.p.m. for the expanded domestic uses (600 gallons per well per day) approved in 04CW84 (with first day of

use on 7/29/13 for Well No. 9 and 8/27/09 for all other wells); (b) Exchanges: applicant has exercised the Exchanges during call

periods in the following amounts and on the indicated first day of use: Lake Creek Exchange: 0.04 c.f.s., absolute (8/27/2009); Squaw

Creek Exchange: 0.16 c.f.s., absolute (8/27/2009); Eagle River Exchange: 0.20 c.f.s., absolute (9/25/2012); Colorado River Exchange:

0.20 c.f.s., absolute (8/27//2009). Landowners: Christina & James Mewhinney, 12411 Degas Ln, Dallas, TX 75230; Jason Slingerlend

and Anna Speers, POB 3787, Carmel, CA 93921-3787; Judy Johnson, 3531 White Lane, Sarasota, FL 34242; Cresta Property

Holdings LLC, 5435 N. Garland Ave., Suite 140-317, Garland, TX 75040-2785; John Rasmussen, POB 1457, Edwards, CO 81632;

Kathleen and Matthew Prowse, POB 1566, Edwards, CO 81632; Jack Snow and Sally Brainerd, POB 1966, Edwards, CO 81632;

Starview Realty Investments LP, 100 Crescent Ct., Ste 450, Dallas, TX 75201; Sheryl and Carl Dando, POB 178, Edwards, CO

81632; CL and Paula Farabi, POB 1924, Pittsburg, KS 66762-1924; John Schleper et al., POB 2562, Vail, CO 81658; Restated Leslie

S. Shapiro Trust Agreement – Restated Maureen C. Shapiro Trust Agreement, POB 407, Edwards, CO 81632; Joseph and Joan

Goltzman, Trustees, POB 4628, Edwards, CO 81632; Last Penny LP, 1230 Glen View Rd, Birmingham, AL 35222-4317; David

Drescher and Paul Van Cura, POB 2799, Edwards, CO 81632; 875 Pilgrim Drive LLC, 1717 W 6th Street, Suite 390, Austin, TX

78703-4792; Zenith West LLC, POB 130368, Tampa, FL 33681; Donald Gogel and Georgia Wall, 31 Masterton Rd., Bronxville, NY

10708; Shaun Mooeny, 4615 Southwest Fwy, Suite 700, Houston, TX 77027-7106; Erik and Deborah Carlson, 5600 E. Powers Ave.,

Englewood, CO 80111-6908; Kullavanijaya-Williams Revocable Trust, 2503 Broadway St., San Francisco, CA 94115; Laura

Kellogg, 1230 Glen View Road, Birmingham, AL 35222-4317. The application requests that all amounts and uses not made absolute

for any of the subject water rights be continued in full force and effect for an additional six-year diligence period. An outline of activity

during the diligence period is included in the Application. (12 pages).


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



81601.






15CW9 EAGLE COUNTY- SPRING TRIBUTARY TO BRUSH CREEK TRIBUTARY TO THE EAGLE RIVER

TRIBUTARY TO THE COLORADO RIVER. Rosalinda L. Shearwood; P.O. Box 114; Eagle, CO 81631 (970) 328-6830.

AUGUST 2015 RESUME


Shearwood Hydro Pipeline-Application for Conditional Water Rights(Surface). Location: SE¼NW¼ of Sec. 1, T.6S, R.84W. of the

6th

P.M. UTM: E438802 N348257 Z13. Appropriation: 2010; Amount: 155 g.p.m. for hydroelectric use. (9 pgs.)






81601.






14CW3097 (Consolidated with 14CW3098) GRAND COUNTY. ELK CREEK, ST. LOUIS CREEK, VASQUEZ CREEK,

LELAND CREEK, MUDDY CREEK, FRASER RIVER, FRYINGPAN RIVER. Byers Peak Properties, LLC; Byers Peak

Downhill Properties, LLC; Cornerstone Winter Park Holdings, LLC; c/o Patrick, Miller & Noto, P.C., Kevin L. Patrick, Esq. and

Danielle L. Van Arsdale, Esq., 0197 Prospector Road, Suite 2104A, Aspen, CO 81611, (970) 920-1028. FIRST AMENDED

APPLICATION. First Claim: For Conditional Underground Water Rights. Name of structures: Byers Peak Well Field Nos. 1-3. Legal

descriptions: Byers Peak Well Field No. 1: Up to 10 wells located in the S ½ of Section 19 and the N ½ of Section 30, Township 1


P.M. The well field is more specifically described as an area of land beginning at its northeast corner,

830 feet from the South section line and 920 feet from the East section line of Section 19, then continuing North 90° West 1,646 feet,

then South 0° East 428 feet, then South 29°07’49” East 1,223 feet, then North 55°23’51” East 1,272 feet, then North 0° West 812 feet

to the point of beginning. Byers Peak Well Field No. 2: One or more infiltration galleries to be constructed beneath the stream channel

of Elk Creek. The upper terminus is located on Elk Creek in the NW ¼ of the NW ¼ of Section 29, Township 1 South, Range 75 West

of the 6th

P.M., 1,260 feet from the North section line and 40 feet from the West section line. The lower terminus is located on Elk

Creek in the NW ¼ of the NW ¼ of Section 29, Township 1 South, Range 75 West of the 6th

P.M., 1,050 feet from the North section

line and 560 feet from the West section line. Byers Peak Well Field No. 3: One or more infiltration galleries to be constructed beneath

the stream channel of Elk Creek. The upper terminus is located on Elk Creek in the SW ¼ of the SW ¼ of Section 20, Township 1


P.M., 1,130 feet from the South section line and 500 feet from the West section line. The lower

terminus is located on Elk Creek in the NE ¼ of the SE ¼ of Section 19, Township 1 South, Range 75 West of the 6th

P.M., 2,130 feet

from the South section line and 190 feet from the East section line. Source: Groundwater tributary to Elk Creek, tributary to the Fraser

and Colorado Rivers. Date of appropriation: August 31, 2014. How appropriation was initiated: Field inspection, survey, formulation

of intent to apply water to beneficial use. Date water applied to beneficial use: N/A. Amounts: Byers Peak Well Field No. 1:

Cumulative diversion of up to 0.75 c.f.s., conditional. Byers Peak Well Field No. 2: Cumulative diversion of up to 0.75 c.f.s.,

conditional. Byers Peak Well Field No. 3: Cumulative diversion of up to 0.75 c.f.s., conditional. The cumulative annual diversions

from Byers Peak Well Field Nos. 2 and/or 3 for domestic use will total a maximum of 332.4 acre-feet. The cumulative annual

diversions from Byers Peak Well Field Nos. 2 and 3 for snowmaking use will total a maximum 50.0 acre-feet. Uses: Byers Peak Well

Field No. 1: Domestic, municipal, commercial and fire protection. Byers Peak Well Field Nos. 2 and 3: Domestic, municipal,

commercial, fire protection and snowmaking. Second Claim: For Conditional Appropriative Right of Exchange. Name of structure:

Byers Peak Properties Lower Basin Domestic and Snowmaking Exchange. Location: Upstream termini: The upper terminus of Byers

Peak Well Field No. 2. Gaskill Ditch, Byers Peak Enlargement decreed in Case No. 10CW309, Division 5 Water Court, and located

on the East bank of St. Louis Creek at a point whence the SW corner of Section 25, Township 1 South, Range 76 West of the 6th

P.M.,

bears South 27° 19’ 30” West 3,896.2 feet. The PLSS description is the SE ¼ of the NW ¼ of Section 25, Township 1 South, Range

76 West of the 6th

P.M, 1,825 feet from the North section line and 1,686 feet from the West section line. Downstream termini: The

confluence of Muddy Creek and the Colorado River located in the NW ¼ of the NE ¼ of Section 19, Township 1 North, Range 80

West, of the 6th P.M., 100 feet from the North section line and 1965 feet from the East section line. The confluence of the Roaring

Fork and Colorado Rivers located in the SE ¼ of the NW ¼ of Section 9, Township 6 South, Range 89 West, in the 6th

P.M., 2,200

feet from the North section line, and 2350 feet from the West section line. Water may be exchanged for Applicants’ use at any point

within the exchange reach, including at the 21 individual residential wells. Sources: Wolford Mountain Reservoir via Muddy Creek

and its tributaries, tributary to the Colorado River. Ruedi Reservoir via the Fryingpan River, tributary to the Roaring Fork and

Colorado Rivers. Date of appropriation: August 31, 2014. How appropriation was initiated: Field inspection, survey, formulation of

intent to apply water to beneficial use. Date water applied to beneficial use: N/A. Amount: The estimated average daily exchange rate

is 0.5 c.f.s. and the estimated peak daily exchange rate is 0.75 c.f.s. Volume: The estimated diversions are 332.4 acre-feet for the

domestic use and 50 acre-feet for the snowmaking use (382.4 acre-feet total). Uses: Exchange of water for domestic, municipal,

commercial, fire protection, snowmaking, and augmentation and exchange purposes, and delivery of water into storage, pursuant to

the plan for augmentation described in the Fourth Claim below. Plan of operation (Colorado River Lower Basin call): Applicants’

proposed plan for augmentation includes an appropriative right of exchange of augmentation water released pursuant to River District

AUGUST 2015 RESUME


Water Supply Contract No. CW01012, extending from the confluences of Muddy Creek and the Colorado River, and the Roaring Fork

and Colorado Rivers, to the upstream termini described above. Third Claim: For Conditional Appropriative Right of Exchange. Name

of structure: Byers Peak Properties Upper Basin Domestic and Snowmaking Exchange. Location: Upstream termini: The upper

terminus of the Byers Peak Well Field No. 2. Gaskill Ditch, Byers Peak Enlargement decreed in Case No. 10CW309, Division 5

Water Court, and located on the East bank of St. Louis Creek at a point whence the SW corner of Section 25, Township 1 South,

Range 76 West of the 6th

P.M. bears South 27° 19’ 30” West 3,896.2 feet. The PLSS description is the SE ¼ of the NW ¼ of Section

25, Township 1 South, Range 76 West of the 6th

P.M., 1,825 feet from the North section line and 1,686 feet from the West section

line. Downstream termini: The confluence of Elk Creek and the Fraser River located in the SE ¼ of the NE ¼ of Section 19, Township

1 South, Range 75 West of the 6th

P.M., 1,856 feet from the North section line and 309 feet from the East section line. The confluence

of St. Louis Creek and the Fraser River located in the NE ¼ of the NE ¼ of Section 19, Township 1 South, Range 75 West of the 6th

P.M., 269 feet from the North section line and 736 feet from the East section line. Water may be exchanged for Applicants’ use at any

point within the exchange reach, including the 21 individual residential wells. Sources: RC Pump and Pipeline HG1 and HG2 via the

Fraser River, tributary to the Colorado River; MR-1-4 Reservoirs via deliveries from the Cozens Ditch First Enlargement out of

Vasquez Creek and/or deliveries from the Cozens Ditch Extension out of Leland Creek, both tributary to the Fraser and Colorado

Rivers; CWP-FM Reservoir via deliveries from the CWP-FM Pump and Pipeline out of Elk Creek, tributary to the Fraser and

Colorado Rivers; and the Byers Peak Properties Pond System via deliveries from the Gaskill Ditch, Byers Peak Enlargement out of St.

Louis Creek, tributary to the Fraser and Colorado Rivers. Date of appropriation: August 31, 2014. How appropriation was initiated:

Field inspection, survey, formulation of intent to apply water to beneficial use. Date water applied to beneficial use: N/A. Amount:

The estimated average daily exchange rate is 0.5 c.f.s. and the estimated peak daily exchange rate is 0.75 c.f.s. Volume: The estimated

diversions are 332.4 acre-feet for the domestic use and 50 acre-feet for the snowmaking use. Uses: Exchange of water for domestic,

municipal, commercial, fire protection, snowmaking, and augmentation and exchange purposes, and delivery of water into storage,

pursuant to the plan for augmentation described in the Fourth Claim below. Plan of operation (Colorado River Upper Basin call):

Pursuant to Applicants’ proposed plan for augmentation, Applicants may utilize the Upper Fraser Valley Wastewater Treatment

Facility to treat domestic wastewater attributable to the Byers Peak Well Field Nos. 1-3. This scenario includes an appropriative right

of exchange of augmentation water extending up Elk Creek from its confluence with the Fraser River to the upper terminus of the

Byers Peak Well Field No. 2, and up St. Louis Creek from its confluence with the Fraser River to the headgate of the Gaskill Ditch.

Fourth Claim: For Approval of Plan for Augmentation Name of structures to be augmented: Byers Peak Well Field Nos. 1-3: The

three well fields are described under the First Claim above. 21 individual residential wells: Original decree: N/A. Legal description:

Each well will be drilled on a separate two-acre parcel located generally in the N ½ of the NE ¼ of Section 30, Township 1 South,


P.M. Source: Groundwater tributary to Elk Creek, tributary to the Fraser and Colorado Rivers. Date of

appropriation: N/A. Amounts and uses: Each well will be permitted for 15 g.p.m. (0.033 c.f.s.) for in-house use at one single-family

home. Gaskill Ditch, Byers Peak Enlargement: Original decree: Case No. 10CW309, Division 5 Water Court; December 31, 2010.

Legal description: On the East bank of St. Louis Creek at a point whence the SW corner of Section 25, Township 1 South, Range 76

West of the 6th

P.M. bears South 27° 19’ 30” West 3,896.2 feet. The PLSS description is the SE ¼ of the NW ¼ of Section 25,


P.M, 1,825 feet from the North section line and 1,686 feet from the West section line.

This water right has two alternate points of diversion, only the first of which is augmented under this plan. Alternate Point of

Diversion 1 – Beaver Dam Ditch: The decreed location is near the East bank of St. Louis Creek, from which stream said ditch derives

and diverts its water at a point about 30 rods South and about 12 to 14 rods East of the NW corner of the NW ¼ of the NE ¼ of

Section 25, Township 1 South, Range 76 West. The PLSS description is the NE ¼ of the NW ¼ of Section 25, Township 1 South,


P.M., 1,065 feet from the North section line and 2,134 feet from the West section line. Source: St. Louis

Creek, tributary to the Fraser and Colorado Rivers. Date of appropriation: July 1, 2010 for the absolute amount, and December 20,

2010 for the conditional amounts. Amounts and uses: 3.5 c.f.s. absolute and 2.5 c.f.s. conditional for irrigation, and 6.0 c.f.s.

conditional for snowmaking, with an annual volumetric limit of 1,590 acre-feet. Names of structures used for augmentation. MR-1-4

Reservoirs. Original decree: Case No. 99CW315, Division 5 Water Court; December 31, 1999. Legal descriptions: MR-1 and MR-2

Reservoirs: The SE ¼ of the NE ¼ of Section 29, Township 1 South, Range 75 West of the 6th

P.M. MR-3 Reservoir: The SW ¼ of

the SE ¼ of Section 20, Township 1 South, Range 75 West of the 6th

P.M., 374 feet from the South section line and 1,941 feet from

the East section line. MR-4 Reservoir: The SE ¼ of the SW ¼ of Section 20, Township 1 South, Range 75 West of the 6th

P.M., 683

feet from the South section line and 2,517 feet from the West section line. Date of appropriation: December 31, 1999. Sources:

Deliveries from Vasquez Creek via the Cozens Ditch First Enlargement and/or Leland Creek via the Cozens Ditch Extension. Both

Creeks are tributary to the Fraser and Colorado Rivers, as decreed in Case No. 99CW314, Division 5 Water Court. Amounts: 10.0

acre-feet each, conditional, with the right to fill and re-fill when water is physically and legally available. Uses: Irrigation, aesthetic,

piscatorial, recreation, municipal, commercial, industrial, and augmentation and exchange. Byers Peak Properties Pond System.

Original decree: Case No. 10CW309, Division 5 Water Court; December 31, 2010. Legal description: A system of one or more

ponds, the lower terminus of which is in the SE ¼ of the SE ¼, Section 19, Township 1 South, Range 75 West of the 6th

P.M., 603 feet

from the South section line and 898 feet from the East section line, and the upper terminus which is in the NW ¼ of the SW ¼,


P.M., 1,790 feet from the South section line and 1,069 feet from the West

section line. Source: Deliveries from the Gaskill Ditch, Byers Peak Enlargement out of St. Louis Creek, tributary to the Fraser and

Colorado Rivers. Date of appropriation: December 20, 2010. Amount: 232.0 acre-feet, conditional, cumulative for the entire pond

AUGUST 2015 RESUME


system with the right to fill and refill when water is legally and physically available. Uses: Snowmaking, augmentation, irrigation,

piscatorial, recreation, aesthetic and fire protection. Colorado River Contract Water: Applicants rely upon Colorado River Water

Conservation District Water Supply Contract No. CW01012 for 160.0 acre-feet, held by Cornerstone. Pursuant to Contract No.

CW01012, the River District will release its Colorado River marketing supplies, described as follows, to Cornerstone for use by its

wholly-owned subsidiary Byers Peak, and Byers Peak’s wholly-owned subsidiary Byers Peak Downhill to use for augmentation

purposes: Wolford Mountain Reservoir (f/k/a Gunsight Pass Reservoir): Case No. 87CW283, Division 5 Water Court; November 20,

1989. Legal description: The dam is located in the SW ¼ of the NE ¼ of Section 25, Township 2 North, Range 81 West of the 6th

P.M.

The intersection of the dam axis with the right abutment occurs at a point bearing South 54°54’20” East a distance of 3,716.46 feet

from the NW corner of Section 25. Date of appropriation: December 14, 1987. Source: Muddy Creek and its tributaries. Amount:

59,993 acre-feet absolute. Uses: All beneficial uses in satisfaction of the requirements of the Windy Gap Settlement made with the

Municipal Subdistrict of the Northern Colorado Water Conservancy District; use to meet the water requirements of the inhabitants of

the River District for all beneficial uses; and use to meet the terms of a lease agreement executed March 3, 1987 with the City and

County of Denver. Case No. 95CW281; Division 5 Water Court, August 26, 1997. Legal description: The dam is located in the SW ¼

of the NE ¼ of Section 25, Township 2 North, Range 81 West of the 6th P.M. Date of appropriation: January 16, 1995. Source:

Muddy Creek and its tributaries. Amount: 6,000 acre-feet conditional. Uses: All beneficial uses by and for the benefit of the

inhabitants of the River District, directly or by substitution, augmentation, or exchange. Case No. 98CW237; Division 5 Water Court,

July 6, 2000. Legal description: Same as for Case No. 95CW281. Date of appropriation: November 17, 1998. Source: Muddy Creek

and its tributaries. Amount: 30,000 acre-feet conditional, of which 15,895 acre-feet has been made absolute for recreational,

piscatorial and flood control purposes. Uses: Certain of the beneficial uses previously adjudicated for Wolford Mountain Reservoir in

Case No. 87CW283, November 20, 1989, and Case No. 95CW281, August 26, 1997. Ruedi Reservoir: The River District holds

Contract No. 139D6C0101 from the U.S. Bureau of Reclamation for 4,683.5 acre-feet of annual supply from Ruedi Reservoir. Legal

description: Ruedi Reservoir is located in Sections 7-9, 11 and 14-18, Township 8 South, Range 84 West of the 6th P.M. The dam axis

intersects the right abutment at a point whence the SW corner of Section 7, Township 8 South, Range 84 West of the 6th P.M. bears

North 82°10’ West a distance of 1,285 feet. Source: Fryingpan River. Previous storage decrees: CA4613, Garfield County District

Court; June 20, 1958. Date of appropriation: July 29, 1957. Amount: 140,697.3 acre-feet absolute, later reduced to 102,369 acre-feet

absolute. Uses: Domestic, municipal, irrigation, industrial, generation of electrical energy, stock watering, and piscatorial. Case No.

81CW34, Division 5 Water Court; April 8, 1985. Date of appropriation: January 22, 1981. Amount: 101,280 acre-feet (refill)

conditional, of which 69,766 acre-feet has been made absolute. Uses: Irrigation, domestic, municipal, generation of electrical energy,

stock watering, industrial, piscatorial, recreation, and maintenance of sufficient storage reserves to fulfill contractual obligations and

provide stored water for recreation in times of drought. CWP-FM Reservoir. Original Decree: Case No. 05CW287, Division 5 Water

Court; July 8, 2012. Legal description: The NW ¼ of the NW ¼ of Section 29, Township 1 South, Range 75 West, 6 P.M., 1,050 feet

from the North section line and 170 feet from the West section line. Source: Elk Creek, tributary to the Fraser River. Date of

appropriation: July 27, 2005. Amount: 25.0 acre feet, conditional, with the right to fill and refill when water is physically and legally

available. Uses: Irrigation, piscatorial, aesthetic, recreation and augmentation. RC Pump and Pipeline HG1. Original decree: Case No.

01CW358, Division 5 Water Court; March 1, 2006. Legal description: The NE ¼ of the NE ¼ of Section 18, Township 1 South,


P.M. at a point whence the NE Corner of Section 18 bears North 35°22’49” East a distance of 1,260.2 feet.

The PLSS description is the NE ¼ of the NE ¼ of Section 18, Township 1 South, Range 75 West of the 6th

P.M., 1,005 feet from the

North section line and 711 feet from the East section line. Source: Fraser River, tributary to the Colorado River. Appropriation date:

May 15, 2000. Amount: 5.0 c.f.s., conditional, cumulative between the RC Pump and Pipeline HG1 and HG2. Uses: Domestic,

municipal, irrigation, commercial, industrial, fire protection, augmentation and exchange and delivery of water into storage. RC Pump

and Pipeline HG2. Original decree: Case No. 01CW358, Division 5 Water Court; March 1, 2006. Legal description: The NE ¼ of the

NE ¼ of Section 18, Township 1 South, Range 75 West of the 6th

P.M. at a point whence the NE Corner of said Section 18 bears

North 37°22’48” East a distance of 1,355.2 feet. The PLSS description is the NE ¼ of the NE ¼ of Section 18, Township 1 South ,


P.M., 1,055 feet from the North section line and 803 feet from the East section line. Source: Fraser River,

tributary to the Colorado River. Appropriation date: May 15, 2000. Amount: 5.0 c.f.s., conditional, cumulative between the RC Pump

and Pipeline HG1 and HG2. Uses: Domestic, municipal, irrigation, commercial, industrial, fire protection, augmentation and exchange

and delivery of water into storage. Statement of plan for augmentation. Background. Applicants are in the process of developing the

Byers Peak Ranch development phase. Applicants will use the water rights described above to provide sufficient domestic supply to

support up to 1,212 multi-family units and up to 21 single-family homes (up to 1,051 total EQRs of development), and snowmaking

supply for a planned outdoor adventure park. Per this plan for augmentation, Applicants will augment all out-of-priority depletions

from these water rights with the water rights described above. Applicants will provide for all lawn and open space irrigation with a

separate raw water system that is not covered by this plan. Description of water uses. Domestic: The domestic water use inside the

1,212 multi-family residential units will be provided by the Byers Peak Well Field Nos. 1-3 “community water system”. The domestic

water use inside the 21 single-family residential units will be provided by the 21 individual residential wells. Snowmaking: During the

fall and winter months, Applicants will use water stored in the Byers Peak Properties Pond System for commercial snowmaking

purposes. Applicants will make storage water deliveries to the pond system with: (1) water diverted from St. Louis Creek via the

Gaskill Ditch Byers Peak Enlargement water right; or (2) water diverted from the Byers Peak Well Field Nos. 2 or 3 via the Byers

Peak Properties Lower Basin Domestic and Snowmaking Exchange. Return flows. Domestic – 21 Single Family Homes: Applicants

AUGUST 2015 RESUME


plan to treat wastewater from the 21 individual residential wells with ISDSs located at the Byers Peak Ranch single-family two-acre

lots. Depletions will accrue to lower Elk Creek at a location at or near its confluence with the Fraser River. Domestic – Community

Water System: Applicants plan to use one of two alternatives for processing wastewater attributable to the Byers Peak Well Field Nos.

1-3 in-house domestic uses. Alternative 1 – Return flows will accrue to the Upper Fraser Valley Wastewater Treatment Facility

located on the Fraser River in the Town of Fraser. Alternative 2 – Applicant will construct a new Elk Creek Wastewater Treatment

Facility. Return flows will accrue to an on-site treatment facility located on Elk Creek above its confluence with the Fraser River on

property owned by Cornerstone. Snowmaking: Return flows from the snowmaking use at the Byers Peak Properties Pond System will

accrue to Elk Creek and the Fraser River. Applicants will reuse the snowmaking return flows to augment any out-of-priority

depletions occurring at times when the return flows are present in the stream. Applicants may use and reuse these return flows to

extinction and may store them directly or by exchange for later release for augmentation purposes. Dry year operations. Domestic

depletions (Colorado River Lower Basin call): The River District, pursuant to Water Supply Contract No. CW01012, will release its

marketing supplies to Cornerstone for use by its wholly-owned subsidiary Byers Peak and Byers Peaks’ wholly-owned subsidiary

Byers Peak Downhill to augment all out-of-priority directly or by exchange through releases from the various River District water

rights. Alternatively, Applicants will release water stored in one or more of the reservoirs described above. During lower basin call

periods, Applicants may choose to implement the Cornerstone Winter Park Exchange decreed in Case No. 01CW357, Division 5

Water Court. This will enable Applicants to store water by exchange in one or more of the augmentation reservoirs. Domestic

depletions (Colorado River Upper Basin call): Alternative 1 – Calls originating from the Fraser River below the Upper Fraser Valley

Wastewater Treatment Facility. Applicants will augment depletions by releasing water stored in one or more of the reservoirs

described above. Alternative 2 – Calls originating from the Fraser River above the Upper Fraser Valley Wastewater Treatment

Facility. Scenario 1 – Applicants construct a new Elk Creek Waste Water Treatment Facility to treat domestic effluent attributable to

the community water system. Applicants will augment depletions by releasing water stored in one or more of the augmentation

reservoirs. Scenario 2 – Applicants utilize the Upper Fraser Valley Wastewater Treatment Facility to treat domestic effluent

attributable to the community water system. Applicants will utilize a pumpback system and upper basin storage releases to replace

depletions occurring upstream of the point where the facility discharges treated effluent into the Fraser River. The pumpback will

divert at the RC Pump and Pipeline HG1 and HG2 water rights, and then deliver the augmentation water supply to a point on the

Fraser River above its confluence with Elk Creek. The pumpback will also effectively augment lower Elk Creek and lower St. Louis

Creek by exchange. Applicants will pump a volume of augmentation water equal to domestic diversions at the community water

system less consumptive use. Applicants will replace the consumptive use water at the community water system and individual

residential wells with releases out of one or more of the augmentation reservoirs described above. Alternatively, Applicants may

augment all domestic depletions with releases out of one or more of the augmentation reservoirs. Alternative 3 – Calls originating

from St. Louis Creek. Applicants will curtail all diversions at the Gaskill Ditch, Byers Peak Enlargement and alternate point of

diversion. Snowmaking depletions: During the fall and winter months, Applicants will divert snowmaking supplies for storage in the

Byers Peak Properties Pond System. To the extent Applicants store water in priority or by exchange, they have no further

augmentation requirements when storage water is released. To the extent Applicants refill the pond system during a fall or winter

Colorado River lower basin call, they will operate the Byers Peak Properties Domestic and Snowmaking Exchanges to replace

diversions. Pond operations: Applicants will lower the surface of the ponds commensurate with evaporative losses. Alternatively,

Applicants may replace out-of-priority evaporative losses occurring at the Byers Peak Properties Pond System by directly transferring

storage supplies into the pond system from the nearby CWP-FM Reservoir.






81601.

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