division 5 water court- december 2016 resume … · 2017. 1. 12. · division 5 water court-...

DIVISION 5 WATER COURT- DECEMBER 2016 RESUME

SUBSTITUTE WATER SUPPLY PLAN NOTIFICATION LIST

Section 37-92-308(6), C.R.S. directs the State Engineer to establish a notification list for each water division for the purpose of

notifying interested parties of requests for the State Engineer’s approval of substitute water supply plans (“SWSP”) filed in that water

division pursuant to section 37-92-308, C.R.S. The SWSP notification list is also used to provide notice of proposed water right loans

to the Colorado Water Conservation Board for use as instream flows under section 37-83-105(2)(b)(II), C.R.S., notice of applications

for the State Engineer’s approval of interruptible water supply agreements under section 37-92-309(3)(a), C.R.S., and notice of

applications for fallowing-leasing pilot projects under section 37-60-115(8)(e)(II).

This notice is an invitation to be included on the SWSP notification list. To receive this information by e-mail, provide your name, e-

mail address, daytime telephone number, and the water divisions of interest. If you prefer to be noticed by first-class mail, specify that

preference and provide your mailing address. Submit the information to: Substitute Water Supply Plan Notification List (c/o Laura

Kalafus, Program Assistant), Colorado Division of Water Resources, 1313 Sherman Street, Room 818, Denver, Colorado 80203,

Phone: (303) 866-3581, Fax: (303) 866-3589, or e-mail to: [email protected]. Additional information regarding Substitute

Water Supply Plans is available on the Division of Water Resources' website at http://water.state.co.us.

PRODUCED NONTRIBUTARY GROUND WATER NOTIFICATION LIST

Pursuant to Rule 17.5.B.2 of the Produced Nontributary Ground Water Rules, 2 CCR 402-17 (“Rules”), the State Engineer is

publishing this invitation to persons to be included on the Produced Nontributary Ground Water Notification List. According to Rule

17.5.B.2 of the Rules, the State Engineer must establish a Produced Nontributary Ground Water Notification List for each water

division within the State of Colorado for the purposes of ensuring that water users within each water division receive adequate notice

of proceedings held pursuant to the Rules. In order to establish such notification list, the State Engineer is directed, in January of each

year, to cause to have published in the water court resume for each water division an invitation to be included on such notification list

for the applicable water division.

To receive this information by e-mail, provide your name, e-mail address, daytime telephone number, and the water divisions of

interest. If you prefer to be noticed by first-class mail, specify that preference and provide your mailing address. Submit the

information to: Produced Nontributary Ground Water Notification List (c/o Laura Kalafus, Program Assistant), Colorado Division of

Water Resources, 1313 Sherman Street, Room 818, Denver, Colorado 80203, Phone: (303) 866-3581, Fax: (303) 866-3589, or e-mail

to: [email protected].

Any additional information regarding the Produced Nontributary Ground Water Rules can be found on the Division of Water

Resources website at: www.water.state.co.us.

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 DECEMBER 2016. 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.

16CW3157 Middle Park Water Conservancy District, PO Box 145, Granby, CO 80446. Stanley W. Cazier, P.O. Box 500, Granby,

Colorado, 80446, (970) 887-3376. APPLICATION FOR CHANGE OF WATER RIGHT. A. Water Right - Kremmling Canal.

Grand County. B. Original Decree: 09/05/1964 modified 10/05/1970, Case No. 946, Grand County District Court. C. Legal

Description of structure: The legal as described in C.A. 946 was Kremmling Canal: On the right bank of Troublesome Creek, whence

northwest corner of Section 18, Township 2 North, Range 79 West, 6th

P.M. bears north 64°37 East 1,621.5 feet. D. Source:

Troublesome Creek. E. Appropriation Date: 08/05/1959. F. Use: Irrigation, stock, domestic, municipal, industrial, piscatorial,

recreation. G. Amount: 35 cfs conditional. Proposed Change: Correct legal point of diversion of Kremmling Canal to be on the right

bank of Troublesome Creek, whence northwest corner of Section 18, Township 2 North, Range 79 West, 6th P.M. bears north 64°37

West 1,621.5 feet, aka NE ¼ NW ¼ of Section 18, Township 2 North, Range 79 West. 665 feet from North section line 1,572 feet

from West section line of Section 18. (10 pages)

YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2017 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 POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs,

CO 81601.

mailto:[email protected]


DECEMBER 2016 RESUME

WATER DIVISION 5 PAGE 2






16CW3158 GARFIELD COUNTY. SPRINGS TRIBUTARY TO FOUR MILE CREEK, TRIBUTARY TO ROARING

FORK RIVER, TRIBUTARY TO COLORADO RIVER. Application for Finding of Reasonable Diligence and to Make

Absolute, in Part. Applicant: Sunlight, Inc., c/o Balcomb and Green P.C., P.O. Drawer 790, Glenwood Springs, CO 81602; 970-945-

6546. Structures: Sunlight Spring Nos. 1 through 7. Previous decrees: Orig. decree: 3/18/1983, Case No. 81CW414, Dist. Court,

Water Division 5. Subsequent decrees awarding diligence: Case No. 87CW59, 7/27/1987, Case No. 91CW26, 7/19/1991, Case No.

97CW84, 11/15/2007, Case No. 10CW148, 12/30/2010, all in Dist. Court, Water Division 5. Decreed Legal Descriptions (as

corrected in 10CW148): Sunlight Spring No. 1: SE1/4 NW1/4, Sec. 33, T. 7 S., R. 89 W., 6th P.M., at a pt. approx. 3644 ft. distant

from the E. Sec. Line and 2759 ft. distant from the S. Sec. Line of said Sec. 33. Sunlight Spring No. 2: SE1/4 NW1/4, Sec. 33, T. 7 S.,

R. 89 W., 6th P.M., at a pt. approx. 3260 ft. distant from the E. Sec. Line and 2701 ft. distant from the S. Sec. Line of said Sec. 33.

Sunlight Spring No. 3: NW1/4 SE1/4, Sec. 33, T. 7 S., R. 89 W., 6th P.M., at a pt. approx. 2136 ft. distant from the E. Sec. Line and

1671 ft. distant from the S. Sec. Line of said Sec. 33. Sunlight Spring No. 4: NW1/4 SW1/4, Sec. 33, T. 7 S., R. 89 W., 6th P.M., at a

pt. approx. 5172 ft. distant from the E. Sec. Line and 2265 ft. distant from the S. Sec. Line of said Sec. 33. Sunlight Spring No. 5:

NW1/4 SW1/4, Sec. 33, T. 7 S., R. 89 W., 6th P.M., at a pt. approx. 4109 ft. distant from the E. Sec. Line and 1973 ft. distant from the

S. Sec. Line of said Sec. 33. Sunlight Spring No. 6: NE1/4 SW1/4, Sec. 33, T. 7 S., R. 89 W., 6th P.M., at a pt. approx. 3961 ft.

distant from the E. Sec. Line and 2022 ft. distant from the S. Sec. Line of said Sec. 33. Sunlight Spring No. 7: SW1/4 NE1/4, Sec. 32,

T. 7 S., R. 89 W., 6th P.M., at a pt. approx. 1993 ft. distant from the E. Sec. Line and 2723 ft. distant from the S. Sec. Line of said Sec.

32. Date of Approp.: 11/18/1980. Amt.: 0.02 cfs, cond., for each spring. Uses: dom. and comm. Remarks: As decreed in Case No.

10CW148, the Sunlight Springs are part of an integrated water supply for Applicant’s property. “When a project or integrated system

is comprised of several features, work on one feature of the project or system shall be considered in finding that reasonable diligence

has been shown in the development of water rights for all features of the entire project or system.” § 37-92-301(4)(b), C.R.S. A

complete list of diligence activities and expenditures is on file with this court. Applicant requests a finding that it has made the

Sunlight Spring No. 4 and Sunlight Spring No. 6 absolute by diversion and application to beneficial use: Date of beneficial use:

6/4/2016. Amt. Claimed: 5 gpm, 0.011 cfs for each spring. Use: Comm., in Applicant’s comm. horseback riding tours. Name and

address of owner of the land upon which any structure is or will be located, upon which water is or will be stored, or upon which water

is or will be placed to beneficial use: Springs 1-7, Applicant. (6 pgs).






CO 81601.






16CW3159 IN GRAND COUNTY, COLORADO. Winter Park Recreational Association, c/o Sarah M. Rockwell, President,

Kaplan Kirsch & Rockwell, 1675 Broadway, Suite 2300, Denver, CO 80202, Telephone: (303) 825-7000, E-mail:

[email protected]. Please address all correspondence to: Peggy E. Montaño and Michael A. Kopp, Trout Raley, 1120

Lincoln Street, Suite 1600, Denver, CO 80203, Telephone: (303) 861-1963. APPLICATION FOR CONDITIONAL WATER

STORAGE RIGHT. 1. Names, mailing address, email address and telephone numbers of applicant(s): See above. 2. Name of

Reservoir: Discovery Park Pond also known as the Discovery Park Snowmaking Pond. 3. Legal description: The inlet for the

Discovery Park Pond is located in the NE1/4 SW1/4 of Section 10, Township 2 South, Range 75 West, of the 6th P.M., which bears

8,174.3 ft. from the SE corner of Sec. 34, T1S, R75W, of the 6th P.M. See map attached to the application as Exhibit A. 4. Source:

Fraser River either through surface runoff tributary to the Fraser River and through the Fraser River Pump and Pipeline. The

Discovery Park Pond will be a lined structure which will not intercept groundwater. 5. If filled from a ditch: A. Name(s) of ditch(es)

used to fill reservoir and capacity in cubic feet of water per second (cfs): Fraser River Pump and Pipeline; capacity is 6 cfs. See

Paragraph 12 below for other certain water to be stored pursuant to future water court applications. B. Legal description of each point

of diversion: The Fraser River Pump and Pipeline will be a diversion structure or infiltration gallery located in or immediately

adjacent to the Fraser River at a point in the NE1/4 of the SE1/4 of Section 10, T. 2 S., R. 75 W., of the 6th P.M. , bearing 9°15’W, a

distance of 7,960 feet from the SE corner of Section 34, T.1 S., R 75 W., of the 6th P.M. 6. Date of appropriation: August 19, 2016. A.

How appropriation was initiated: By forming the intent to claim and store 40.4 acre feet of water in the Discovery Park Pond for



firefighting, snowmaking, (including recapture of snowmaking return flows and delivery into the Discovery Park Pond) recreational,

irrigation and industrial, use and reuse to extinction. B. Date water applied to beneficial use: Not applicable. 7. Amount claimed: A. In

acre feet (one acre foot is the amount of water required to cover an area of one acre to a depth of one foot, and is equal to

approximately 325,900 gallons): Conditional 40.4 (acre feet) which can be filled and refilled within the same water year. B. If filled

from a ditch, rate of diversion in cubic feet per second (cfs) (1 cfs = 448.8 gallons per minute (gpm) for filling the reservoir: 6 cfs

(2,700 gpm). 8. Use: Firefighting, snowmaking (including recapture of snowmaking return flows and delivery into the Discovery Park

Pond), recreational, irrigation and industrial, use and reuse to extinction. 9. Surface area of high water line: 3.6 (acres). A. The

Discovery Park Pond will be constructed with an embankment completely encircling the Discovery Park Pond on all sides. 10. Total

capacity of reservoir in acre feet: 40.4 (acre feet). A. Active capacity: 40.4 (acre feet). B. Dead storage: 0 (acre feet). 11. Name(s) and

address(es) of owner(s) or reputed owners of the land upon which any new or existing 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. United States of America, U.S. Forest Service, c/o Jon Morrissey, District Ranger, Sulphur

Ranger District, Arapaho National Forest, P.O. Box 10, 9 Mile Drive, Granby, Colorado 80446. 12. Other pertinent information: This

Application is filed to adjudicate a 2016 priority water storage right. Water stored in the Discovery Park Pond, other than the 2016

priority water, will be water in source and amount which is listed as Table 1- Operating Plan Water Allocations for Winter Park

Recreational Association in the 2012 Grand County Water Users’ Operating Plan. This is attached to the application as Exhibit B.

This is also fully consistent with the Colorado River Cooperative Agreement, the Clinton Agreement and other prior agreements for

water use by WPRA. (5 pages)






CO 81601.






16CW3160 Colorado Water Conservation Board (“CWCB”), 1313 Sherman Street, Suite 718, Denver, CO 80203. Telephone:

(303) 866-3441. Please direct all future correspondence and pleadings regarding this Application to: Michael Toll, Assistant Attorney

General, Natural Resources and Environment Section, Colorado Department of Law, 1300 Broadway, 7th

Floor, Denver, CO 80203.

Telephone: (720) 508-6304. E-mail: [email protected]. and Philip E. Lopez, Assistant Attorney General, Natural Resources and

Environment Section, Colorado Department of Law, 1300 Broadway, 7th

Floor, Denver, CO 80203. Telephone: (720) 508-6312. E-

mail: [email protected]. APPLICATION FOR INSTREAM FLOW WATER RIGHTS TO PRESERVE THE NATURAL

ENVIRONMENT TO A REASONABLE DEGREE IN MESA COUNTY, COLORADO. 2. Name of water right: West Hawxhurst

Creek Instream Flow Water Right; 3. Legal Description: The West Hawxhurst Creek Instream Flow Water Right is located in the

natural stream channel of West Hawxhurst Creek from its headwaters to the confluence with East Hawxhurst Creek, a distance of

approximately 5.57 miles. A map depicting the approximate location of the West Hawxhurst Creek Instream Flow Water Right reach

is attached as Exhibit 1. A. Upstream Terminus: West Hawxhurst Creek headwaters in the vicinity of: 1. UTM: Northing:

4361117.90; Easting: 250123.61 (NAD 1983 Zone 13 North) 2. Lat/Long: latitude 39° 21' 48.24"N and longitude 107° 54' 1.20"W B.

Downstream Terminus: Confluence with East Hawxhurst Creek at: 1. UTM: Northing: 4353102.99; Easting: 248989.35 (NAD 1983

Zone 13 North) 2. Lat/Long: latitude 39° 17' 27.40"N and longitude 107° 54' 37.76"W C. The Universal Transverse Mercator (UTM)

of the upstream and downstream termini will be used as the legal description for the decree in this matter. The Lat/Long coordinates

are provided as cross-reference locations only. The UTM and Lat/Long locations for the upstream and downstream termini were

derived from CWCB GIS using the National Hydrography Dataset (NHD). 4. Source: West Hawxhurst Creek, tributary to Hawxhurst

Creek, tributary to Buzzard Creek, tributary to Plateau Creek, tributary to Colorado River. 5. A. Date of initiation of appropriation:

January 26, 2016. B. How appropriation was initiated: Appropriation and beneficial use occurred on January 26, 2016, by the action

of the CWCB pursuant to sections 37-92-102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S. (2016). C. Date applied to beneficial

use: January 26, 2016. 6. Amount of water claimed: Instream flow of 1.6 cfs (4/15 - 6/30), and 0.56 cfs (7/1 - 4/14), absolute; 7.

Proposed Uses: Instream flow to preserve the natural environment to a reasonable degree. 8. Names and addresses of owners or

reputed owners of the land upon which any new or existing diversion structure will be located: The notice required by section

37-92-302(2)(b), C.R.S. (2016), to the owners or reputed owners of the land upon which any new or existing diversion or storage

structure is or will be constructed is not applicable in this case. This Application is for instream flow water rights, exclusive to the

CWCB under the provisions of section 37-92-102(3), C.R.S. (2016). As an instream flow water right, the CWCB’s appropriation does

not require diversion structures or storage. See Colo. River Water Conservation Dist. V. Colo. Water Conservation Bd., 594 P.2d 570,

572 (Colo. 1979); § 37-92-103(4)(c), C.R.S. (2016). As a surface water right, the CWCB’s appropriation of instream flow water rights





does not involve construction of a well. 9. Remarks: This appropriation by the CWCB, on behalf of the people of the State of

Colorado, is made pursuant to sections 37-92-102(3) & (4) and 37-92-103(3), (4) & (10), C.R.S. (2016). The purpose of the CWCB’s

appropriation is to preserve the natural environment to a reasonable degree. At its regular meeting on July 21, 2016, the CWCB

determined, pursuant to section 37-92-102(3)(c), C.R.S. (2016), that the natural environment of West Hawxhurst Creek will be

preserved to a reasonable degree by the water available for the appropriations to be made; that there is a natural environment that can

be preserved to a reasonable degree with the CWCB’s water rights herein, if granted; and that such environment can exist without

material injury to water rights. 10. Terms and Conditions: The CWCB requests that the Court approve the inclusion of the following

term and condition in the decree to be issued in this case: A. Pursuant to section 37-92-102(3)(b), C.R.S. (2016), the CWCB

acknowledges and agrees that the ISF water right applied for herein on West Hawxhurst Creek is subject to the following decreed

water right and present uses and practices in existence at the time the CWCB appropriated the West Hawxhurst Creek ISF on January

26, 2016: 1. The CWCB acknowledges that the Hawxhurst-Smalley Ditch water right, decreed in Civil Action 8303 for 3.8 cfs and in

Case No. 91CW029 for 1.0 cfs, historically has been used to divert water tributary to West Hawxhurst Creek into Smalley Gulch for

subsequent use for irrigation, domestic (filling of cisterns) and livestock watering during non-irrigation season. The threads of the

creek have historically shifted due to beaver dam activity and erosion in the area, causing side tributaries to become the main stem of

the creek and altering the original point of diversion. In 2014, to control an overflow channel created by a beaver pond, a headgate was

constructed on the ditch to divert water back to the creek; the headgate is located below the current diversion point. Pursuant to section

37-92-102(3)(b), the CWCB acknowledges that its West Hawxhurst Creek ISF water right is subject to the current uses and practices

of the Hawxhurst-Smalley Ditch existing at the time of this agreement, including a diversion of the West Hawxhurst Creek and use of

a headgate, as described above, at the two following UTM coordinates: Easting 249,647 Northing 4,356,720 and Easting 249,631

Northing 4,356,661 (meters, Zone 13, NAD83). B. The recognition of the pre-existing use of water by Laramie Energy, described

above, shall not interfere with the administration of Laramie Energy’s water right in-priority as against other water rights, and will not

constitute a general subordination of the CWCB’s West Hawxhurst Creek ISF water right to any other junior water rights. Although

the CWCB’s West Hawxhurst Creek ISF water right applied for herein is subject to the historical practices of Laramie Energy as

described above and pursuant to section 37-92-102(3)(b), the water rights approved in this decree will be administered subject to the

prior appropriation system in relation to all other water rights.






CO 81601.






16CW3161 PITKIN COUNTY. SPRING TRIBUTARY TO CAPITOL CREEK, TRIBUTARY TO SNOWMASS CREEK,

TRIBUTARY TO ROARING FORK RIVER. Amended Application for Finding of Reasonable Diligence and to make Cond.

Water Rights Absolute. Applicants Mr. Stuart Edgerly, Ms. Anna Edgerly, c/o Balcomb & Green, P.C., P.O. Drawer 790, Glenwood

Springs, CO 81602; 970-945-6546. Applicants request a finding of reasonable diligence and to make Edgerly Spring, Edgerly Ditch,

and Edgerly Pond and Edgerly Exchange water rights absolute. Structure: Edgerly Spring. Decree Info.: Date of Orig. decree:

5/10/2004, Case No. 01CW364, Dist. Court, Water Division No 5. Subsequent decree awarding diligence: 1/30/2011, Case No.

10CW136, Dist. Court, Water Division No. 5. Legal Description: NE1/4 NW1/4, Sec. 3, T. 9 S., R. 86 W., 6th

P.M. at a pt. 20 ft. from

the N. Sec. line and 2,400 ft. from the W. Sec. line, Sec. 3. Alt. Pt. of Diversion: The right may also divert for dom. purposes at the

Capitol Woods Spring Well No. 1 which is located at Lot 3, Sec. 3, T. 9 S., R. 86 W., 6th

P.M. at a pt. whence the N. quarter corner of

said Sec. 3 bears N. 58 deg., 52 minutes, 21 seconds E. 987.3 ft. Approp. Date: 5/24/1999. Amt: 0.05 c.f.s. (22.5 gpm), cond. Use:

dom. for one single-family dwelling/caretaker unit, and irr. Request to make absolute: Date of beneficial use: 9/20/2015. Amt: 0.05

c.f.s. (22.5 gpm), absolute. Uses: dom. for one single-family dwelling/caretaker unit, and irr. Structure: Edgerly Ditch. Date of Orig.

decree: 5/10/2004, Case No. 01CW364, Dist. Court, Water Division No. 5. Subsequent decrees awarding diligence: 1/30/2011, Case

No. 10CW136, Dist. Court, Water Division No. 5. Legal Description: located on the left bank of Capitol Creek in the NE1/4 NW1/4,

Sec. 3, T. 8 S., R. 86 W., 6th P.M., at a pt. 10 ft. from the N. line and 2,320 ft. from the W. line of said Sec. 3. Approp. Date:

5/24/1999. Amt: 0.5 c.f.s., cond. Uses: To replace evap. losses and to fill Edgerly Pond for rec., pisc., aug. (including dom.) and fire

protection purposes. Request to make absolute: Date of beneficial use: 9/15/2008. Amt: 0.5 c.f.s., absolute. Uses: To replace evap.

losses and to fill Edgerly Pond for rec., pisc., aug. (including dom.) and fire protection purposes. Structure: Edgerly Pond. Date of

Orig. Decree: 5/10/2004, Case No. 01CW364, Dist. Court, Water Division No. 5. Subsequence decrees awarding diligence:

1/30/2011, Case No. 10CW136, Dist. Court, Water Division No. 5. Location of dam: SE1/4 SW1/4, Sec. 34, T. 8 S., R. 8 W. 6th

P.M.,

at a pt. 150 ft. from the S. Sec. line and 2,500 ft. from the W. Sec. line at said Sec. 34. The pond is an off-channel reservoir filled by



the Edgerly Ditch. Approp. Date: 5/24/1999. Amt: 0.35 AF, cond. Uses: aesthetic, pisc., fire protection, rec., and aug. (including

dom. use). Surface area of high water line: 0.07 acres. Max. Ht. of dam: 0 ft. Length of dam: 0 ft. Total capacity of reservoir: 0.35

AF, all active storage. Request to make absolute: Date of beneficial use: 11/13/14. Amt: 0.35 AF, absolute. Uses: aesthetic, pisc., fire

protection, rec., and aug. (including dom. use). Edgerly Exchange: During the irr. season, the downstream terminus of the exchange is

the headgate location of the Etienne Arbaney Ditch on Snowmass Creek; the upstream terminus is the pt. of diversion of the above

described Edgerly water rights. During the non-irr. season, the downstream terminus of the exchange is the confluence of the

Fryingpan River and the Roaring Fork River (when Ruedi Reservoir releases are made) or the confluence of the Roaring Fork River

and the Colorado River (when Green Mountain Reservoir releases are made); the upstream terminus is the pt. of diversion of the said

Edgerly water rights. The exchange rate is as set forth in Exhibit C and ranges between 0.001 c.f.s. and 0.006 c.f.s. Date of

Approp.:12/31/2001. Claim to make absolute: Date of beneficial use: 9/16/2016. Amt: Up to 0.006 as set forth in Exhibit C. A

detailed outline of what has been done toward completion of the Approp. and application of water to a beneficial use is on file with

this court. Name of owner of the land upon which structures are located and where water has been applied to beneficial use: A map

showing the locations of the subject water rights is attached as Figure 1. The Edgerly Spring, Edgerly Ditch and Edgerly Pond are on

Applicants’ property. The Capitol Woods Spring is located on land owned by Mr. Charlie Anderson, Capitol Creel Cabin Ltd, 201

Capitol Creek Rd., Snowmass, CO 81654. 8 pgs.






CO 81601.






16CW3163 MESA COUNTY. Application to Make Water Rights Absolute and for Storage Water Right. Laramie Energy, LLC,

c/o, Sara M. Dunn, Esq., Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602, Telephone: 970-928-3467.

Groundhog Gulch Reservoir. Prior Decree Info: Case No. 14CW3174, Water Court Division 5 on 11/1/15. Legal: SW1/4 of the

NW1/4 Sec. 28, T. 9 S., R. 93 W. of the 6th P.M. at a point 1731 ft. from the N. line and 374 ft. from the W. line of said Sec. 28, Mesa

County, Colorado. UTM: Zone 13; 259907 Easting, 4348275 Northing. Source: Surface runoff tributary to Groundhog Gulch,

tributary to Buzzard Creek, tributary to Plateau Creek, tributary to the Colorado River and via the PE Pump Station

diverting from Buzzard Creek. An alternate point of diversion for the PE Pump Station was approved in Case No. 16CW3038,

District Court Water Division No. 5 at the Groundhog Gulch Diversion Point also located on Buzzard Creek. The combined

maximum diversion rate at both diversion locations is 3.3 c.f.s. Date Approp.: 8/14/13. Amnt.: 72.35 a.f. Uses: Industrial use

associated with natural gas and mineral extraction activities including: dust suppression, construction and operation of facilities

supporting natural gas production, gas well drilling and gas well completions (hydraulic fracturing), reclamation/revegetation, and fire

protection. Place of Use: Per the Decree in Case No. 14CW3174, Laramie Energy may put the water to beneficial use on lands

located in Garfield, Rio Blanco or Mesa Counties on which Laramie Energy, LLC, is conducting natural gas and mineral extraction

activities or other industrial use or for which Laramie Energy LLC, has contracted to provide water for such purposes. Total capacity

of reservoir: 72.35 a.f. with 60.10 a.f. decreed as absolute and the remaining 12.25 a.f. decreed as conditional in Case No. 14CW3174.

Claim to make absolute in whole or in part: Applied to beneficial use: 12/11/16. Amount: 12.25 a.f., absolute. Uses: Industrial use



protection. Place of Use: Per the Decree in Case No. 14CW3174, Laramie Energy may put the water to beneficial use on lands located

in Garfield, Rio Blanco or Mesa Counties on which Laramie Energy, LLC, is conducting natural gas and mineral extraction activities

or other industrial use or for which Laramie Energy LLC, has contracted to provide water for such purposes. Physical Characteristics

of Reservoir: Surface area of high water line: 5.3 acres. Vertical height of dam: less than 10 ft. Length of Dam: 728 ft. In 2015 the

Groundhog Gulch Reservoir dam was raised and lengthened to create additional active storage capacity in the reservoir. The total

capacity of the reservoir is now 78.5 a.f. The excess 6.15 a.f. of capacity above the amount decreed in Case No. 14CW3174 is a new

appropriation described in detail in Claim Three, herein. Name and address of owner of the land upon which any new or existing

diversion or storage structure, or modification of 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: Applicant. SECOND CLAIM FOR ABSOLUTE

SURFACE WATER RIGHTS. PE Pump Station. Information from previous decree: Case No. 14CW3174, Water Court Division 5

entered on 11/1/2015. Legal Description of Point of Diversion: NW1/4 of the SW1/4 of Sec. 14, T. 9 S., R. 93 W. of the 6th P.M., at a

point 2054 ft. from the S. line and 978 ft. from the W. line of said Sec. 14, Mesa County, Colorado. UTM: Zone 13; 263347 Easting,

4350875 Northing. An alternate point of diversion was decreed in Case No. 16CW3038, District Court Water Division No. 5, on



11/5/16, at the Groundhog Gulch Diversion Point located in the NE1/4 of the NE1/4 of Sec. 20, T. 9 S., R. 93 W., 6th P.M. a distance

of 732 ft. from the N. line and 1313 ft. from the E. line of said Sec. 20. Source: Buzzard Creek, tributary to Plateau Creek, tributary to

the Colorado River. Date Appropriation: August 14, 2013. Amount claimed: 3.3 c.f.s. with 1.27 c.f.s. decreed as absolute and 2.03

c.f.s. decreed as conditional. Uses: industrial use associated with natural gas and mineral extraction activities including: dust

suppression, construction and operation of facilities supporting natural gas production, gas well drilling and gas well completions

(hydraulic fracturing), reclamation/revegetation, fire protection and filling and refilling the Groundhog Gulch Reservoir for

subsequent uses. Place of Use: Per the Decree in Case No. 14CW3174, Laramie Energy may put the water to beneficial use on lands

located in Garfield, Rio Blanco or Mesa Counties on which Laramie Energy, LLC, is conducting natural gas and mineral extraction

activities or other industrial use or for which Laramie Energy LLC, has contracted to provide water for such purposes. Claim to make

absolute in whole or in part: Date water applied to beneficial use: 11/2/16. Amnt.: 1.26 c.f.s., absolute. Uses: industrial use associated

with natural gas and mineral extraction activities including: dust suppression, construction and operation of facilities supporting

natural gas production, gas well drilling and gas well completions (hydraulic fracturing), reclamation/revegetation, fire protection and

filling and refilling the Groundhog Gulch Reservoir for subsequent uses. Place of Use: Per the Decree in Case No. 14CW3174,

Laramie Energy may put the water to beneficial use on lands located in Garfield, Rio Blanco or Mesa Counties on which Laramie

Energy, LLC, is conducting natural gas and mineral extraction activities or other industrial use or for which Laramie Energy LLC, has

contracted to provide water for such purposes. Remarks: The remaining 0.77 c.f.s., conditional, shall remain in full force and effect

until November 2021 when an application for finding of reasonable diligence or to make absolute shall be filed. Name and address of

owner of the land upon which any new or existing diversion or storage structure, or modification of 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:

Applicant and Jerry Gunderson, 1137 19 Road, Fruita, Colorado 81521. THIRD CLAIM FOR STORAGE WATER RIGHT.

Groundhog Gulch Reservoir First Enlargement. Legal: SW1/4 of the NW1/4 of Sec. 28, T. 9 S., R. 93 W. of the 6th P.M. at a point

1731 ft. from the N. line and 374 ft. from the W. line of said Sec. 28, Mesa County, Colorado. UTM: Zone 13; 259907 Easting,

4348275 Northing. Source: Surface runoff tributary to Groundhog Gulch, tributary to Buzzard Creek, tributary to Plateau Creek,

tributary to the Colorado River and via the PE Pump Station and the alternate point of diversion at the Groundhog Gulch Diversion

Point diverting from Buzzard Creek at a combined maximum rate of 3.3 c.f.s. Approp.: 6/22/15. Approp.was initiated: Applicant

completed the Dam Safety Report for the Groundhog Gulch Reservoir Enlargement and commenced construction and completion of

the Reservoir. Amnt.: 6.15 a.f., with the right to fill and refill when water is physically and legally available. The reservoir has been

constructed to a total capacity of 78.6 a.f. Of this amount, 72.35 a.f. were decreed in Case No. 14CW3174. Uses: Industrial use



protection. Place of Use: Per the Decree in Case No. 14CW3174, Laramie Energy may put the water to beneficial use on lands located

in Garfield, Rio Blanco or Mesa Counties on which Laramie Energy, LLC, is conducting natural gas and mineral extraction activities

or other industrial use or for which Laramie Energy LLC, has contracted to provide water for such purposes. Physical Characteristics

of Reservoir: Surface area of high water line: 5.3 acres. Vertical height of dam: less than 10 ft. Length of Dam: 728 ft. Total capacity

of reservoir in acre feet: 78.6 a.f., all active. Name and address of owner of the land upon which any new or existing diversion or

storage structure, or modification of 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: Applicant. (9 pgs, 4 ex., 2 figures)






CO 81601.






16CW3164 EAST CREEK, TRIBUTARY TO THE CRYSTAL RIVER, TRIBUTARY TO THE ROARING FORK RIVER,

TRIBUTARY TO THE COLORADO RIVER IN PITKIN COUNTY. REDSTONE WATER AND SANITATION DISTRICT

C/O ROBERT M. NOONE, ESQ., THE NOONE LAW FIRM, P.C., P.O. BOX 39, GLENWOOD SPRINGS, CO 81602. Application

for Alternate Points of diversion 1. Name of Structure: East Creek Reservoir and Pipeline. A. Date of Original Decree: December 28,

1903. Case No. CA-1068. Court: Water Court, Division No. 4. B. Subsequent Decrees Awarding Findings of Diligence: N/A. C. Legal

Description: The headgate of the pipeline of the East Creek Reservoir and Pipeline, as described in the Ditch Claim Statement, is

located on the North bank of East Creek, from which said pipeline draws its supply of water at a point which is S. 29°25'00" E., 2,047

feet from the NE Corner of Section 20, T.10S., R.88W., 6th P.M. This point of diversion can also be described as being in the SW ¼

of the NW ¼ of Section 21, Township 10 South, Range 88 West of the 6th

Principal Meridian a distance of 1,798 feet from the North



BLM section line and 1,003 feet from the West BLM section line (UTM X = 307480.4, UTM Y = 4339004.6, Zone 13), as shown on

Exhibit A. D. Source: East Creek, tributary to the Crystal River, tributary to the Roaring Fork River, tributary to the Colorado River.

E. Appropriation Information: Date of Appropriation: July 1, 1900Amount: 6.5 c.f.s., absolute, of which the Applicant makes claim to

the full amount. Use: irrigation, domestic, industrial, manufacturing, power production, stock watering, fire protection, and other

beneficial uses. F. Names(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: USDA Forest Service, 620 Main Street, Carbondale, CO 81623;

Shirley A. Pierce; 251 Chair Mountain Drive, Redstone, CO 81623; and Historic Redstone Inn, LP; 1280 Ute Avenue #16, Aspen, CO

81611. G. Detailed Description of Proposed Change A. Complete Statement of Change: Applicant intends to divert its East Creek

Reservoir and Pipeline water right at alternate points of diversion within the service boundary of the Redstone Water and Sanitation

District. The first alternate point is located at the Plank Spring & Pipeline; a diversion structure that is currently connected to the

Applicant’s potable water distribution system. The second alternate point is located near the Redstone Inn. These alternate points of

diversion are described in more detail in paragraph 3.B. (1)A description of all water rights to be changed: Up to 6.5 cfs decreed to the

East Creek Reservoir and Pipeline, described in Paragraph 2, above. Applicant will continue to use the subject water right within the

same service area as described in the original decree entered in Case No. CA-1068. B.If a change in point of diversion, provide legal

descriptions of decreed location and alternate locations of structure: The Applicant requests two alternate points of diversion point for

the East Creek Reservoir and Pipeline water right as follows:(1)First Proposed Change: The Applicant seeks an alternate point of

diversion for the East Creek Reservoir and Pipeline water right described above at a point located at the Plank Spring & Pipeline. This

change seeks a more efficient point of diversion to enable the Applicant to more effectively distribute its water rights for the decreed

uses within the Applicant’s Service Area.(a)The Plank Spring & Pipeline point of diversion is located in the NE ¼ of the NW ¼ of

Section 29, Township 10 South, Range 88 West of the 6th

Principal Meridian a distance of 629 feet from the North BLM section line

and 1,839 feet from the West BLM section line (UTM X = 306093.2, UTM Y = 4337794.1, Zone 13), as shown on Exhibit A. (b)The

source of water is a spring situated in an area tributary to the Crystal River, tributary to the Roaring Fork River, tributary to the

Colorado River in Pitkin County. (2) Second Proposed Change: The Applicant seeks an alternate point of diversion for the East Creek

Reservoir and Pipeline water right described above at a point located at the Redstone Inn. This change seeks a more efficient point of

diversion to enable the Applicant to more effectively distribute its water rights for the decreed uses within the Applicant’s Service

Area. (a)The Redstone Inn point of diversion is located in the SW ¼ of the NE ¼ of Section 20, Township 10 South, Range 88 West

of the 6th

Principal Meridian a distance of 1,371 feet from the North BLM section line and 1,553 feet from the East section line (UTM

X = 306696.1, UTM Y = 4339154.9, Zone 13), as shown on Exhibit A. (b)The source of water is East Creek, tributary to the Crystal

River, tributary to the Roaring Fork River, tributary to the Colorado River. (6 pages).






CO 81601.





rights must appear to object and protest within the time provided by statute, or be forever barred. 16CW3165 District Court, Water Division No. 5, State of Colorado 109 Eighth Street, Suite 104. Glenwood Springs, CO 81601.

Concerning the Application for Water Rights of Sunny Ranch, LLC. In PITKIN COUNTY, Colorado. APPLICATION FOR

APPROVAL OF PLAN FOR AUGMENTATION AND EXCHANGE. 1. Name and address of Applicant: Sunny Ranch, LLC

(“Sunny Ranch”) P.O. Box 7877, Aspen, Colorado 81612. Direct all pleadings to: Kristin H. Moseley, Porzak Browning & Bushong

LLP, 2120 13th Street, Boulder, CO, 80302. 2. Description of Water Right to be Augmented: Sunny Ranch seeks to augment by

exchange out of priority evaporative depletions caused by the following water right. a. Structure and Decree: Eastwick Reservoir,

a/k/a Becca’s Lake, decreed absolute by the Water Court in and for Water Division No. 5 (“Water Court”) in Case No. 87CW0165 on

November 30, 1987, with an appropriation date of December 31, 1981. Eastwick Reservoir is an on-channel reservoir located on an

unnamed tributary of Owl Creek. b. Location: The dam is located in the NW1/4 NW1/4 of Section 9, Township 10 South, Range 85

West of the 6th P.M. at a point whence the NW Corner of said Section 9 bears N. 53 degrees W, 1,220 feet. For ease of reference, but

without changing the decreed location, this location can also be described as the NW1/4 NW1/4 of Section 9, Township 10 South,

Range 85 West of the 6th P.M. at a point 692 feet from the North section line and 992 feet from the West section line. A map

depicting the location of Eastwick Reservoir is attached hereto as Exhibit A. c. Source: Unnamed tributary of Owl Creek, tributary

to the Roaring Fork River, tributary to the Colorado River. d. Amount and Uses: 3.0 acre-feet for Irrigation of 10 acres. 3. Water

Right to be used as the Source of Augmentation Water: A Basalt Water Conservancy District (“BWCD”) Allotment Contract for up to

1.1 acre-foot from the following water rights for augmentation purposes. a. Green Mountain Reservoir: i. Source: Blue River, tributary



of Colorado River. ii. Legal Description: located approximately 16 miles Southeast of the Town of Kremmling in Summit County,

Colorado, and more particularly in all or parts of Sections 11, 12, 13, 14, 15, and 24 of Township 2 South, Range 80 West, and in

Sections 17, 18, 19, 20, 21, 28, 29, and 34, Township 2 South, Range 79 West of the 6th P.M. iii. Adjudication Date: October 12,

1955. iv. Appropriation Date: August 1, 1935. v. Case Nos.: 2782, 5016, and 5017, Court: United States District Court, District of

Colorado and Case No. 88CW022, District Court, Water Division No. 5. vi. Decreed Amount: 154,645 acre feet and a refill right in

the amount of 3,856 acre feet absolute and 150,789 acre feet, conditional. vii. Decreed Uses: In accordance with paragraph 5(a), (b),

and (c) of the section entitled "Manner of Operation of Project Facilities and Auxiliary Facilities" in Senate Document 80. b. Ruedi

Reservoir: i. Source: Frying Pan River, tributary of Colorado River. ii. Legal Description: An on-channel reservoir located in Sections

7, 8, 9, 11, and 14 through 18, Township 8 South, Range 84 West of the 6th P.M. The reservoir is located in portions of Eagle and

Pitkin Counties. iii. Adjudication Date: June 20, 1958. iv. Appropriation Date: July 29, 1957. v. Case No.: C.A. 4613,

Garfield County District Court. vi. Decreed Amount: 102,369 acre feet (Originally decreed for 140,697.3 acre feet; reduced to 102,369

acre feet in Case No. W-789-76). vii. Decreed Uses: generation of electric energy, domestic, municipal, industrial, irrigation,

piscatorial, and stock watering. viii. Refill: By decree of the Water Court in Case No. 81CW34, Ruedi Reservoir was decreed a refill

right in the amount of 101,280 acre feet, conditional. In Water Court Case No. 95CW95, 44,509 acre feet of the refill right was made

absolute. In Water Court Case No. 01CW269, an additional 25,257 acre feet of the refill right was made absolute, for a total of 69,766

acre feet absolute in the refill right. c. Information from previous decrees for Troy Ditch and Edith Ditch rights:

STRUCTU

RE

PRIORIT

Y

COUR

T

CASE

NO.

ADJ

DATE

APP

DATE

DECREE

D

AMOUN

T

(CFS)

USE

(4)

AMOUNT SOLD,

TRANSFERRED OR

RESERVED

AMOUNT

REMAININ

G (10)

(5) (6) (7) (8) (9) CFS AF

Troy Ditch (1)

370 3082 08/25/19

36

05/01/19

06

5.10 I 0.00

0

0.000 0.09

5

0.06

4

0.03

5

4.906 N/A

Troy Ditch

1st Enlg

427 3082 08/25/19

36

05/01/19

28

10.80 I 0.00

0

0.000 0.20

0

0.13

4

0.07

3

10.39

3

N/A

Troy Ditch

2nd Enlg

669 4613 06/20/19

58

06/01/19

42

6.20 I 0.00

0

0.000 0.11

5

0.07

7

0.04

2

5.966 N/A

Edith Ditch 353 3082 08/25/19

36

05/01/19

04

2.72 I 0.11

0

0.132

0

0.05

0

0.00

0

0.01

8

2.410 N/A

Edith Ditch

1st Enlg

673 4613 06/20/19

58

07/01/19

46

3.23 I 0.00

0

0.000 0.06

0

0.00

0

0.02

2

3.148 N/A

Troy Ditch

Water

System aka

Lower

Headgate

(2) W-

2281

15.50(3)

I,D,

M

C,P

0.11

0

0.132

0

0.52

0

0.27

5

0.19

0

14.27

3

412.8

9

(1) Originally diverted from Miller Creek. All others originally diverted from Frying Pan River. (2) Alternate point for all priorities of

Troy and Edith Ditches. (3) Combined amount limited to 15.5 cfs and 453 AF of consumptive use, 300 AF of which can be stored. (4)

I = Irrigation, D = Domestic, M = Municipal, C = Industrial and P = Piscatorial. (5) Transferred to Edith Ditch Well in Case No.

80CW1 with 1.0 AF. (6) Transferred to three springs on Cap K Ranch in Case No. 82CW189 (1.29 AF assumed to be included). (7)

Deeded to George Yates with 15.4 AF in 1983. 0.2 cfs and 10.60 cfs was included in Case No. 82CW357 for Ruedi South Shores

augmentation plan. (8) Deeded to Joan Wheeler in 1987 for diversion at the Troy Ditch 1st and 2nd Enlargement (16.9 AF assumed to

be included). (9) Reserved for augmentation of Cap K Ponds with 5.52 AF. Case No. 91CW220. (10) A total of 40.11 AF of the

original 453.00 AF has been sold or transferred. i. In Case No. W-2281, Division 5, the Court decreed that 453 acre feet of annual

consumptive-use credits were available to these ditches, and that 300 acre feet could be stored in an unnamed reservoir. The Basalt

Water Conservancy District owns 412.89 acre feet of the 453 acre feet, and makes the water rights available to contract allottees for

use pursuant to an approved substitute supply plan or decree of Court. ii. The Troy and Edith augmentation water can be delivered to

the Frying Pan, Roaring Fork or Colorado Rivers by by-passing water at the headgate on the Frying Pan River. d. Information from

previous decrees for Robinson Ditch rights:



STRUCTURE DECREED

AMOUNT/

cfs

AMOU

NT

OWNE

D BY

BWCD

(cfs)(1)

ADJ. DATE APP. DATE PRIORITY CASE

NO. (2)

ROBINSON

DITCH

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

132

ROBINSON

DITCH

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

132

ROBINSON

DITCH

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

132

ROBINSON

DITCH

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

1061

ROBINSON

DITCH

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

3082

(1) The BWCD owns 441 shares of Class 1 stock issued by the Robinson Ditch Company. The said 441 shares equal 24.16% of the

total shares and are associated with 9.73 cfs of the 40.26 cfs decreed to the Robinson Ditch. (2) District Court in and for Garfield

County. i. Legal Description of Point of Diversion: The point of diversion as decreed is located on the North bank of the Roaring Fork

River one-half mile below the mouth of Sopris Creek in Section 11, T. 8 S., R. 87 West, 6th P.M. ii. Historic Use: Irrigation of

approximately 137.2 acres of hay and pasture under BWCD’s interest in the Robinson Ditch water rights. In Case No. 93CW319, the

Court decreed that 360 acre feet of annual consumptive-use credits are associated with said irrigation. In that case, the Court also

decreed a change of use of BWCD’s Robinson Ditch rights to include augmentation. BWCD makes the credits available to contract

allottees for use pursuant to an approved substitute supply plan or decree of Court. 4. Description of the Plan for Augmentation and

Appropriative Rights of Exchange: By this application, Sunny Ranch seeks to augment, either directly or by exchange, out-of-priority

evaporative depletions from Eastwick Reservoir, a/k/a Becca’s Lake, described in paragraph 3 above. a. Augmentation Plan. To

permit the requested out-of-priority evaporative depletions, Sunny Ranch proposes to cause the release of or otherwise commit to the

Roaring Fork and Colorado Rivers from the BWCD contract water described in paragraph 3 above. The replacement water will be

provided upstream of the location of the calling water right. The precise timing and amount of releases from the BWCD contract

water shall be subject to administration by the Division Engineer and/or the Water Commissioner. b. Depletion Assumption. It is

assumed that all evaporative depletions from Eastwick Reservoir, a/k/a Becca’s Lake, are 100% consumptive. As denoted on the

tables attached hereto as Table 1, total annual losses from Eastwick Reservoir, a/k/a Becca’s Lake, have been estimated to be 1.35 acre

feet (0.68 surface acres). The total out-of-priority dry-year evaporative losses are anticipated to total 1.05 acre feet over the 0.68

surface acres as shown on Table 2. c. Exchange Plan Reach. When an exchange is necessary to augment its out-of-priority depletions,

Sunny Ranch seeks the right to operate the following appropriative right of exchange: Sunny Ranch seeks approval of a plan to

augment by exchange out-of-priority depletions from Eastwick Reservoir, a/k/a Becca’s Lake, pursuant to its contractual right to the

delivery of the BWCD contract water described in paragraph 3 above. Downstream Termini: The points of replacement on the

Roaring Fork and/or Colorado Rivers of the BWCD’s water rights listed in paragraph 3 above and described with particularity as

follows: For the exchange of Green Mountain Reservoir water: 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 of the 6th P.M., at a point approximately 2,200 feet from the

North Section line and 2,350 feet from the West Section line; For the exchange of Ruedi Reservoir and/or Troy and Edith Ditch water:

The confluence of the Roaring Fork and Frying Pan Rivers located in the SW ¼ of the SE ¼ of Section 7, Township 8 South, Range

86 West of the 6th P.M., at a point 750 feet from the South Section line and 1,500 feet from the East Section line; and For the

exchange of Robinson Ditch water: The headgate of the Robinson Ditch on the Roaring Fork River as described above. Upstream

Terminus: The inlet of Eastwick Reservoir, a/k/a Becca’s Lake located in the NW ¼ of the NW ¼ of Section 9, Township 10 South,

Range 85 West of the 6th P.M., at a point 861 feet from the North Section line and 962 feet from the West Section line of said Section

9. A map of the BWCD’s augmentation supplies is attached as Exhibit B. d. Rate of Exchange: The maximum rate of exchange is

0.02 cfs up to 1.1 acre feet per year. e. Priority Date: A December 31, 2016 priority date is sought in connection with the subject plan

for exchange, which is the date of filing of this application. f. Administration. In the event of a call that cannot be augmented by the

above described plan for augmentation, Sunny Ranch shall allow the water level of Eastwick Reservoir, a/k/a Becca’s Lake, to fall

commensurate with evaporation. The exchange or any portion thereof described herein shall only operate in priority and only at such

times as there is a live flow of water in the exchange reaches on the Roaring Fork River and Owl Creek. 5. Measurement Devices: So

as to ensure the operation of the augmentation and exchange plan, Sunny Ranch will install and maintain such water measuring

devices and implement such accounting procedures as may be required to verify that the amount of augmentation and exchange water

equals or exceeds the amount of out-of-priority depletions resulting from the use of water under the claimed plan for augmentation and

exchange. 6. Names and addresses of owners of land upon which structures are or will be located, upon which water is or will be

stored, or upon which water is or will be placed to beneficial use: Applicant. WHEREFORE, Sunny Ranch requests that this Court



enter a decree that: 1. Approves the plan for augmentation and exchange described in paragraph 4; and 2. Finds that as a result of the

plan for augmentation and exchange, there will be no injury to any owner of or persons entitled to use water under a vested water right

or decreed conditional right. (8 pages + exhibits)






CO 81601.






16CW3166 PITKIN COUNTY. Application For Absolute Surface Water Rights. 1. Name, address, telephone number of

applicant: United States Department of the Interior, Bureau of Land Management, Colorado River Valley Field Office, 2300 River

Frontage Road, Silt, CO 81652. 2. Name of structures: Upper Vasten Spring, Lower Vasten Spring 3. Legal description of point of

diversion: All UTM data are from Zone 13 and use the NAD 83 (CONUS) Datum. Upper Vasten Spring: Located on public lands in

the NE/4 NW/4, Section 21, T8S R87W, Sixth P.M., approximately 1,129 feet south of the north section line, and 2,173 feet east of

the west section line. 317691mE 4357418mN Lower Vasten Spring: Located on public lands in the NE/4 NW/4, Section 21, T8S

R87W, Sixth P.M., approximately 778 feet south of the north section line, and 2,336 feet east of the west section line. 317741mE

4357524mN 4.Source: Unnamed tributary to Roaring Fork River/Colorado River 5. A. Dates of appropriation: 12/31/2016 B.

How appropriation was initiated: BLM personnel inventoried the quantity and quality of water available for livestock and wildlife

use. BLM provided notice of the appropriation by filing this application with the water court. B. Date water applied to beneficial

use: 12/31/2016 6 Amount claimed: Upper Vasten Spring: 0.0006 cfs, absolute Lower Vasten Spring: 0.0018 cfs, absolute 7. Use(s):

Livestock and wildlife. The springs provide water for a herd of up to 161 cattle on the Vasten Homestead Common Allotment. The

springs also provide water, forage, and cover for elk, deer, bear, coyotes, mountain lions, small mammals, birds, amphibians and

reptiles. 8. Name(s) and address(es) of owner(s) of land on which point of diversion and place of use(s) is (are) located: United

States Department of the Interior, Bureau of Land Management, Colorado River Valley Field Office, 2300 River Frontage Road, Silt,

CO 81652.






CO 81601.





rights must appear to object and protest within the time provided by statute, or be forever barred. 16CW3167 (Case Nos. W-3297, 81CW505, 85CW620, 89CW278, 96CW157, 02CW306, 10CW84). Application for Finding of

Reasonable Diligence: Highlands Water and Sanitation District Water Diversion System Water Right, in PITKIN COUNTY. Please

forward any pleadings to Cynthia F. Covell, Andrea L. Benson, and Alyson K. Scott, Alperstein & Covell, P.C., 1600 Broadway,

Suite 900, Denver, CO 80202. 1. Name, mailing address, email address, and telephone number of Applicant: City of Aspen, c/o David

Hornbacher, Director of Utilities and Environmental Initiatives, 130 South Galena Street, Aspen, CO 81611, Telephone: (970) 920-

5110, email: [email protected]. 2. Names of structure: Highlands Water and Sanitation District Water Diversion

System. 3. Describe conditional water right (as to each structure) giving the following from the previous decree: A. Date of original

decree: May 18, 1978, Case No.: W-3297, Court: Water Court, Water Division 5. B. Subsequent decrees awarding diligence: All

subsequent decrees were entered by the Water Court, Water Division No. 5, as follows: Case No. 81CW505 on July 19, 1982; Case

No. 85CW620 on April 29, 1986; Case No. 89CW278 on May 21, 1990; Case No. 96CW157 on November 5, 1996; Case No.

02CW306 on March 31, 2004; and Case No. 10CW84 on December 19, 2010. C. Decreed location (set forth verbatim from the

original decree). The point of diversion is located in the NE¼ SE¼ of Section 15, T.10S., R.85W. of the 6th P.M. at a point whence

the Northeast Corner of Section 3, said Township and Range, bears N.02°10´ E. 14,300 feet. D. GPS Location Information in UTM

format.

Alternative Description (UTM): Northing 4338314.162; Easting 339376.764




Were points averaged?

□ Yes No

□ Zone 12 Zone 13

A map is attached as Exhibit A. E. Source: Maroon Creek, tributary to the Roaring Fork River. F. Appropriation date: September

1, 1963. G. Amount: 0.78 c.f.s conditional; and 0.22 c.f.s. absolute (as originally decreed). H. Uses: Municipal,

domestic, irrigation, exchange and replacement. 4. Provide a detailed outline of what has been done toward completion or for

completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: Prior to

December 1998, the City of Aspen (“City”) supplied water to the Highlands Water and Sanitation District on a wholesale basis, using

its integrated water supply system, including the Highlands Water and Sanitation District Water Diversion System water right, which

had been conveyed to the City. The Highlands Water and Sanitation District was dissolved by Court order on December 24, 1998,

and the City has since provided water service directly to the District’s former customers. The Highlands Water and Sanitation District

Water Diversion System water right is part of the City’s integrated water supply system to maintain a legal and reliable water supply

to meet current and future demand. The City’s integrated water supply system includes surface water diversions, wells, a ditch

system, the Maroon Creek hydroelectric plant, water rights, diversion structures, wells, water mains, lines and distribution systems for

both raw and treated water, pump systems, an operational reservoir, treatment plants, and related infrastructure, all of which provide

water for municipal customers and uses within the City and extraterritorially by agreement. The Highlands Water and Sanitation

District Water Diversion System water right is part of this integrated water supply system. Pursuant to C.R.S. § 37-92-301(4)(b),

when an integrated system is composed of several features, as is the case here, work on one feature of the system is considered in

finding that reasonable diligence has been shown in the development of water rights for all features of the entire system. During this

diligence period, the City has undertaken the following work, all of which is integral and prerequisite to the orderly development of

this conditional water right. The City has continued to improve, operate and maintain its integrated water supply system, of which this

conditional water right is a part. In particular, the City has spent in excess of $6 million in the construction, repair and improvement

of its water system infrastructure and related infrastructure and projects, which are part of the efficiency, operation and maintenance of

its integrated water supply system, to enable the City to more effectively provide water service to its existing and future customers.

These efforts have allowed the City to continue to provide water service to the Highlands Water and Sanitation District’s former

customers that is as efficient and reliable as the service provided to the City’s other customers, while maintaining this original

structure as a source of supply as needed, and planning for future water supplies and demands. The Highlands Water and Sanitation

District Water Diversion System water right continues to be included in the City’s long-range water supply planning. The City has

defended its water rights, including this conditional water right, against applications filed by others in cases where the City has

determined that injury to its water rights could occur in the absence of appropriate terms and conditions. During this diligence period,

the City has expended approximately $600,000 in attorney fees (which are included in the estimated expenditure of approximately $6

million described above in this paragraph 4), of which a portion was expended specifically in opposition to water court applications in

order to protect and defend the City’s water rights, including, without limitation, in the following cases from the Water Court, Water

Division No. 5.: Case Nos. 10CW147, 10CW286, 11CW97, 11CW198, 13CW3108, 14CW3096, 14CW3176, 14CW3179,

15CW3014, 15CW3050, 15CW3052, 15CW3053, 15CW3110, 15CW3116, and 16CW3013. The City also defended important rights

in its water portfolio that divert from Castle and Maroon Creeks against claims of abandonment in Case No. 11CW130, Water Court,

Water Division No. 5. 5. Names and addresses of owners or reputed owners of the land upon which any new diversion structure 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 City is the owner of an easement for the land where, and the

existing diversion structure by which, the Highlands Water and Sanitation District Water Diversion System water right is diverted.

The name and address of the owner or reputed owner of the land upon which the existing Highlands Water and Sanitation District

Water Diversion System diversion structure is located is CGW Aspen, LLC, 525 Okeechobee Boulevard, Suite 1000, West Palm

Beach, Florida 33401. WHEREFORE, Applicant, the City of Aspen, having demonstrated that it has steadily applied effort to

complete the appropriation of this water right in a reasonably expedient and efficient manner under all the facts and circumstances,

respectfully requests that this Court find that it has exercised reasonable diligence in putting to beneficial use the conditional water

right decreed in Case No. W-3297 and to continue the conditional decree for another six years, or such period as may otherwise be

permitted by law. (6 pages, plus exhibits).






CO 81601.








16CW3168 APPLICATION FOR ABSOLUTE WATER STORAGE RIGHTS. CONCERNING THE APPLICATION FOR

ABSOLUTE WATER STORAGE RIGHTS OF: THE STATE OF COLORADO acting by and through THE COLORADO

DIVISION OF PARKS AND WILDLIFE AND THE PARKS AND WILDLIFE COMMISSION, IN GRAND COUNTY,

COLORADO. c/o KATIE L. WIKTOR, HEATHER A. WARREN, Assistant Attorneys General. Telephone: 720-508-6761, 720-

508-6266. Email: [email protected]; [email protected]. 1300 Broadway, 7th

Floor, Denver, Colorado 80203.

Applicant, the Colorado Division of Parks and Wildlife and the Parks and Wildlife Commission (“CPW”), by and through the

Colorado Attorney General and the undersigned Assistant Attorney General, hereby files this application for absolute water storage

rights in Dumont Lake. 1.Name, Mailing Address, Email Address, and Telephone Number of Applicant: Colorado Division of

Parks and Wildlife, Attn: Water Resources Section, 6060 Broadway, Denver, CO 80216, Email: [email protected],

Telephone: 303-297-1192. CLAIM FOR ABSOLUTE WATER STORAGE RIGHTS: 1. Name of Reservoir: Dumont Lake. 2.

Legal Description of Location of Dam Centerline: The center of the spillway crest is located approximately 700 feet north of the

south line and 1,450 feet east of the west line in the SE ¼, SW1/4, Section 8, Township 5 North, Range 82 West, Sixth Principal

Meridian (based on BLM PLSS data and NAIP imagery, measured with GIS software); UTM coordinates (NAD 1983): Zone 13,

361797 meters east and 4473592 meters north (based on NAIP imagery displayed with GIS software). All locations are accurate

within +/- 50 feet. A map depicting the location of the reservoir is attached as Exhibit A. 3. Source of Water: Muddy Creek,

tributary to the Colorado River. Dumont Lake is an on-channel vessel. 4. Appropriation Date: June 20, 1955. a. How

Appropriation was Initiated: Execution of a Special Use Permit from the United States Forest Service to construct the Dumont Lake

Dam and maintenance of the reservoir for trout fishing and recreation; construction of the Dumont Lake dam and spillway; storage of

water in Dumont Lake; and application of water to beneficial use as described herein and other acts in furtherance of the

appropriation. 5. Amount: 236 acre-feet absolute with the right to fill and refill when water is legally and physically available. 6.

Uses: Piscatorial, recreation, and wildlife purposes. 7. Surface Area of Normal High Water Line: 35.4 acres. a. Vertical Height

of Dam up to Spillway Crest Elevation: 21.56 feet. b. Length of Dam: approximately 620 feet. 8. Total Capacity of Reservoir in

Acre Feet: 236 acre-feet, active storage. There is no dead storage. 9. Names and Addresses of Owners of Lands upon which

storage structure is located: a. United States of America, c/o USDA Forest Service—Routt, PO Box 25127, Denver, CO 80226-

0127. b. United States Forest Service, Hahns Peak/Bears Ears Ranger District, 925 Weiss Drive, Steamboat Springs, Colorado

80487. 10. Additional Remarks: CPW will notify those persons and entities listed in Paragraph 9 above of its Application for

Absolute Water Storage Rights and certify to the Court that such notification has been made no later than 14 days after filing this

Application. WHEREFORE, Applicant requests this Court enter a judgment and decree confirming the absolute water rights

requested herein and granting any other relief the Court deems necessary and appropriate.






CO 81601.





rights must appear to object and protest within the time provided by statute, or be forever barred. 16CW3169 SUMMIT COUNTY. TENMILE CREEK, TRIB. TO THE BLUE RIVER. Application for Approval of Plan for

Aug., including Appropriative Right of Exchange. Applicant: Powdr – Copper Mountain, LLC, c/o Balcomb & Green, P.C., P.O.

Drawer 790, Glenwood Springs, CO 81602; 970-945-6546. Summary of Application. By this application, Powdr - Copper Mountain

LLC (“Powdr”) seeks the right to divert an additional 245.5 Acre Ft. (AF) of water from Tenmile Creek and W. Tenmile Creek for

snowmaking use. The depletions associated with such use will be augmented through the provisions of the Clinton Reservoir-Fraser

River Water Agreement dated July 21, 1992 (“Clinton Agreement”). Approval of this plan for aug. will increase Powdr’s total

snowmaking diversion capability to 775.5 AF of water annually. Powdr is already authorized to divert 530 AF of water annually for

snowmaking use under the decrees entered in Cases No. 92CW292 (343 AF) and 10CW115 (187 AF). The snowmaking diversions

will be made from Tenmile Creek pursuant to decreed diversion structures, the Tenmile Creek Pipeline or from W. Tenmile Creek

from the Copper Mountain West Lake Well that is recharged from water diverted from decreed diversion structures, Copper Mountain

West Lake Well, West Lake Pipeline No. 1 and Wheeler Gulch Pipeline. Structure to be Augmented: Tenmile Creek Pipeline and

Tenmile Creek Pipeline First Enl. Decree info.: The Tenmile Creek Pipeline was decreed in Case No. 82CW435, District Court,

Water Division 5 on 11/14/1991. The Tenmile Creek Pipeline First Enl. was decreed in Case No. 98CW308, District Court, Water

Division 5, on 7/26/1999. Decreed location: As changed in Case No. 98CW308, District Court, Water Division No. 5, the structure

diverts from Tenmile Creek at a pt. located in the NE1/4 NW1/4, Sec. 32, T. 6 S., R. 78 W., 6th P.M. at a pt. whence the N.W. corner

of said Sec. 32 bears N. 87˚0’ W. a distance of 2,200 ft. That pt. also can be described as located in the NE ¼ of the NW ¼ of Sec. 32,

T. 6 S., R. 78 W., 6th

P.M. at a pt. 2,196.3 ft. from the W. Sec. Line and 139.4 ft. from the N. Sec. Line. The location of the Tenmile






Creek Pipeline is shown in Exhibit A, attached to app. Approp. Date: Tenmile Creek Pipeline: 10/22/1981, Tenmile Creek Pipeline

First Enl.: 9/30/1998. Decreed amt. and use. Tenmile Creek Pipeline: 3.2 cfs absolute for snowmaking and 0.288 cfs absolute for irr.,

2.912 cfs cond. for irr. Tenmile Creek Pipeline, First Enl., 1.4 cfs absolute for snowmaking and 6.1 cfs cond. for snowmaking.

Remarks: In Case No. 01CW304, the Tenmile Creek Pipeline was changed to recognize that the right may be used directly for irr. and

snowmaking uses. Structure to be Augmented: Copper Mountain West Lake Well. Decree info.: The West Lake Well was decreed in

Case No. 82CW435, District Court, Water Division 5 on 11/14/1991. Well Permit Number: 40033-F, Attached to app. Decreed

location: SE1/4 NW1/4, Sec. 30, T. 6 S., R. 78 W., 6th

P.M. at a pt. whence the E1/4 Corner of Sec. 30 bears S. 79°30’ E. a distance of

3,700 ft., which is 2,544 ft. from the N. line and 1,539 ft. from the W. line of Sec. 30. (UTM X: 400635.42, UTM Y: 4373049.32).

The location of the West Lake Well is shown in Exhibit A, attached to app. Source: Groundwater and surface water trib. to W.

Tenmile Creek, trib. to Tenmile Creek, trib. to the Blue River. Surface water is delivered from the West Lake Pipeline No. 1 and

Wheeler Gulch Pipeline, described below. Depth: 10.5 ft. Surface area: 1.4 acre. Approp. date: 6/30/1972. Decreed amt. and use: 5.6

cfs absolute for snowmaking, rec., aesthetics, snowmaking, fish and wildlife propagation, 0.5 cfs, cond. for irr. Remarks: Case No.

82CW435 and Well Permit 40033-F limits total diversions from the Copper Mountain West Lake Well to 447 AF. The 245.5 AF of

diversions that are the subject of this Application are to be included within the 447 diversion limitation and are not additive. Structure

to be Augmented: West Lake Pipeline No. 1. Decree info.: The West Lake Pipeline No. 1 was decreed in Case No. 82CW435,

District Court, Water Division 5 on 11/14/1991. Decreed location: SE1/4 NW1/4, Sec. 30, T. 6 S., R. 78 W., 6th

P.M. at a pt. whence

the E1/4 Corner of Sec. 3 bears S. 79°30’ E. a distance of 3,960 ft. (UTM X: 400563.89, UTM Y: 4373068.23). The location of the

West Lake Pipeline No. 1 is shown in Exhibit A, attached to app. Source: West Tenmile Creek, trib. to Tenmile Creek, trib. to the

Blue River. Approp. date: 8/31/1972. Decreed amt. and use: 12.9 cfs absolute for recharge of the Copper Mountain West Lake Well.

Water from the lake well is subsequently used for rec., aesthetics, snowmaking, fish and wildlife propagation, and irr. uses. Structure

to be Augmented: Wheeler Gulch Pipeline. Decree info.: decreed in Case No. 82CW435, District Court, Water Division 5 on

11/14/1991. Decreed location: SE/14 NW1/4, Sec. 30, T. 6 S., R. 78 W., 6th

P.M., at a pt. whence the E1/4 Corner of said Sec. 30

bears N. 90°00’ E. a distance of 3,270 ft. (UTM X: 400740.31, UTM Y: 4372839.03). The location of the Wheeler Gulch Pipeline is

shown in Exhibit A, attached to app. Source: West Tenmile Creek, trib. to Tenmile Creek, trib. to the Blue River. Approp. Date:

3/12/1987. Decreed amt. and use. 3.2 cfs for recharge of the Copper Mountain West Lake Well. Water from the lake well is

subsequently used for rec., aesthetics, snowmaking, fish and wildlife propagation, and irr. uses. Of this amt., 1 cfs is absolute, for

recharge of West Lake Well for rec., aesthetics, snowmaking, fish and wildlife propagation and irr. uses and 2.2 cfs, is cond. for

recharge of West Lake Well, rec., aesthetics, snowmaking, fish and wildlife propagation and 0.5 cfs is cond., for irr. uses. Water

Rights to be used for Aug. Water rights to be used for the purpose of augmenting the snowmaking diversions are consistent with those

outlined in the Clinton Agreement. Specifically, the augmenting rights include: the Clinton Gulch Reservoir Use Enl. and Second

Filling, the Clinton Gulch Reservoir 1st Enl. and Refill Right, and the Denver Water Department’s Williams Fork Reservoir.

Applicant will dedicate 105.7 shares of Class A Series 1 shares, 149.25 Class B, Series 1 shares and 236 Class B, Series 2 shares of

stock in Clinton Ditch & Reservoir Company. Each of these shares represents the entitlement to release of up to 0.1 AF annually from

Clinton Gulch Reservoir. The 490.95 shares, combined with 245.5 AF of storage release from Williams Fork Reservoir, are sufficient

to fully augment 245.5 AF of snowmaking diversions from Tenmile Creek. (Only Clinton Ditch and Reservoir Company Series 2

stock can be used for multiple beneficial uses including snowmaking use. Powdr is in the process of converting its above described

Series 1 stock to Series 2 stock.) Copper Mountain previously committed 1,060 Series 2 shares in Clinton Reservoir to augment 530

AF of snowmaking diversions as decreed in Cases No. 92CW292 and 10CW115. This plan will increase diversions for snowmaking

use from the 530 Af per year previously authorized to a total of 775.5 AF annually (343 AF + 187 AF + 245.5 AF). Clinton Gulch

Reservoir Use Enl. and Second Filling: Up to 245.5 AF released pursuant to 105.7 Class A, Series 1 shares, 149.25 Class B, Series 1

shares and 236 Class B, Series 2 shares. Date entered: 5/25/1993. Case No. 92CW65. Court: District Court, Water Division 5.

Decreed location: the dam is located in the SW1/4 NW1/4, Sec. 25, T. 7 S., R. 79 W., 6th P.M. at a pt. whence the N. Quarter Corner

of said Sec. 25 bears N. 33˚51’50” E. 2,840.44 ft. Also described as located in the SW ¼, NW ¼, Sec. 25, T. 7 S., R. 79 W., 6th

P.M.

at a pt. 1,074.8 ft. from the W. Sec. Line and 2,367.0 ft. from the N. Sec. Line. Source: Clinton Creek. Amt.: 4,250 AF. Approp.

Date: 3/1/1990. Decreed uses: Dom., mun., irr., ind., snowmaking, rec., fish and wildlife propagation, and aug. purposes, both on the

Western and Eastern slopes of Colorado. Clinton Gulch Reservoir 1st Enl. and Refill Right: Up to 210 AF released pursuant to of

105.7 Class A, Series 1 shares, 149.25 Class B, Series 1 shares and 236 Class B, Series 2 shares. Date entered:11/4/2013. Case No.

06CW252. Court: District Court, Water Division 5. Decreed location: the dam is located in Summit County in the SW ¼, NW ¼,

Sec. 25, T. 7 S., R. 79 W., 6th

P.M. at a pt. 2,358.6 ft. from the N. line and 1,057.2 ft. from the W. line of said Sec. 25. Source: Clinton

Creek. Amt.: 210 AF, absolute, together with the right to refill this amt. when water is available in priority. Approp. Date: 5/20/2005.

Decreed uses: Dom., mun., irr., ind., snowmaking, rec., fish and wildlife propagation, and aug. purposes, both on the Eastern and

Western slopes of Colorado for use in the Denver Water Board’s mun. water system and for direct or indirect use in Summit and

Grand Counties by the present and future shareholders of the Clinton Ditch & Reservoir Company. Williams Fork Reservoir: Up to

245.5 AF released to replace snowmaking depletions pursuant to the Clinton Agreement. Dated entered: 11/15/1937. Case No. CA-

657. Court: District Court, Grand County. Decreed location: in Sec. 23, 25, 26, 27, 34, 35 and 36, in T. 1 N., and Sec. 2 and 2, T. 1 S.,

all in R. 79 W., 6th

P.M. Also described as located in the NW ¼, SE ¼, Sec. 23, T. 1 N., R. 79 W., 6th

P.M. at a pt. 966.6 ft. from the

E. Sec. Line and 1,959.1 ft. from the S. Sec. Line. Source: Williams Fork River. Amt.: 93,637 AF. Approp. date: 11/10/1935.

Decreed uses: All mun. uses, including dom. use, fire protection, street sprinkling, watering of parks, lawns and grounds, mechanical



uses, and every other type of mun. use, and for maintaining adequate storage reserves. Williams Fork Reservoir: Up to 245.5 AF

released to replace snowmaking depletions pursuant to the Clinton Agreement; this amt. is the same as and is not in addition to the

245.5 AF referred to in subparagraph 4.b. Date Entered: 11/7/1974, nunc pro tunc 5/30/1972. Case No.: CA-1430. Court: District

Court. Legal description: Place of storage located on the Williams Fork River upstream from a dam located thereon, said dam more

particularly described, to-wit: The initial pt. of survey for said dam is located at the S.E. end thereof whence the S.E. corner of Sec. 23,

T. 1 N., R. 79 W., 6th

P.M. bears S. 24 degrees 53 minutes E. a distance of 2,175 ft. Also described as located in the NW ¼, SE ¼,

Sec. 23, T. 1 N., R. 79 W., 6th P.M. at a pt. 966.6 ft. from the E. Sec. Line and 1,959.1 ft. from the S. Sec. Line. Source: Williams

Fork River and the streams and trib. drainage entering said reservoir at and above and below its high water line. Amt.: 93,637 AF.

Approp. date: 10/9/1956. Decreed uses: All mun. uses, including dom. use, mechanical use, manufacturing use, generation of electric

power, power generally, fire protection, use for sewage treatment, street sprinkling, watering of parks, lawns and grounds, irr.,

replacement and the adjustment and regulation of the units of the Denver Mun. Water System within themselves and with other water

users, including the regulation of the Williams Fork River so as to permit a larger diversion of water through the Continental Divide

by means of all other transmountain components of the Denver Mun. Water System. Statement of Plan for Aug. Property to be

Served. Powdr holds a special use permit from the U.S. Forest Service for the operation of a ski resort located generally in Sec. 29,

30, 31, and 32 of T. 6 S., R. 78 W., 6th

P.M. The boundaries of the permitted area are shown in Exhibit B to this Application. Powdr

is in the process of working with the U.S. Forest Service to expand its snowmaking operations from 530 AF to 775.5 AF of diversion

annually. Of this diversion amt., approximately 343 AF is augmented under the terms of the aug. plan previously decreed in Case No.

92CW292 and 187 AF of snowmaking diversions are augmented by the plan decreed in Case No. 10CW115. Water Demands and

Depletions. The snowmaking operations contemplated by this plan will require diversions by the water rights to be augmented

generally during the period of October through December under current conditions. Under conditions of drought or shortage of

natural snowfall, diversions also may be made in January through March. The augmented diversions will not exceed 245.5 AF per

snowmaking season pursuant to this plan for aug. Diversions are 100 percent depletive at the time of diversion. The ultimate amt. of

the depletions will be approximately 20 percent of the water applied to snowmaking, with the 80 percent balance constituting return

flow during the runoff season and during the time when downstream senior rights are diverting or storing their lawful entitlements.

Depletion Replacements. The ability of Powdr to divert snowmaking water during periods of water right call on the river is made

possible through the Clinton Agreement. Under the Clinton Agreement, aug. water for snowmaking purposes can be provided by the

release of water from Clinton Gulch Reservoir, or from the Denver Water Department’s release of water from its downstream

Williams Fork Reservoir in amt.s equal in volume and time to Powdr’s snowmaking diversions. In this case, up to 245.5 AF annually

would be released from Clinton Gulch Reservoir or from Williams Fork Reservoir to replace snowmaking diversions on a 1- for- 1

basis in order to prevent injury to downstream rights. Denver is paid back for its releases in two ways. First, 20 percent of the

diversion amt. is consumptive use and is made available to Denver in Clinton Gulch Reservoir. Second, Denver maintains dominion

and control of the snowmaking return flow and therefore is the beneficiary of the other 80 percent of the snowmaking water that melts

and runs off each spring. Under the Clinton Agreement, the Summit County Ski Resorts, including Powdr, are entitled to divert up to

five times the number of AF of Clinton Reservoir Yield to which the Ski Resorts are entitled by virtue of their ownership of stock in

the Clinton Ditch and Reservoir Company. Powdr has sufficient stock ownership in the Reservoir Company as required by the

Clinton Agreement to support the described plan for aug. Appropriative Rights of Exchange. Applicant claims appropriative rights of

exchange utilizing releases from Williams Fork Reservoir and Clinton Gulch Reservoir. The Williams Fork exchange begins at the

confluence of the Blue River with the Colorado River extending upstream along the Blue River to the outlet of Dillon Reservoir,

through Dillon Reservoir to the inlet of Tenmile Creek, Tenmile Creek from its inlet to Dillon Reservoir upstream to the Applicant’s

Tenmile Creek Pipeline, Copper Mountain West Lake Well, West Lake Pipeline No. 1, or Wheeler Gulch Pipeline. The Clinton

Gulch Reservoir exchange begins at the confluence of Tenmile Creek and W. Tenmile Creek extending upstream to Applicant’s

Copper Mountain West Lake Well, West Lake Pipeline No. 1, and Wheeler Gulch Pipeline. Water released from Clinton Gulch

Reservoir for benefit of the Tenmile Creek Pipeline is not considered part of the Clinton Gulch Reservoir Exchange. As allowed by

the Clinton Agreement, water released from Clinton Gulch Reservoir into Tenmile Creek can be subsequently rediverted at the

Tenmile Creek Pipeline on a 1- for- 1 basis for snowmaking purposes. The Williams Fork exchange: Legal Description: Downstream

Terminus: The confluence of the Blue and Colorado Rivers, located in the NW1/4 NE1/4 of Sec. 19, T. 1 N., R. 80 W., 6th

P.M. 4,830

ft. from S. Sec. line and 2,040 ft. from E. Sec. line. The location of the Downstream Terminus is graphically shown in Exhibit B,

attached to app. Upstream Termini: The Tenmile Creek Pipeline Copper Mountain West Lake Well, West Lake Pipeline No. 1, or

Wheeler Gulch Pipeline described above. A legal description of the above described termini can be found in Sec. 4.c., 5.b., and 6.b. of

this application respectively. The location of the Upstream Termini are graphically shown in Exhibit B, attached to app. Amt.: When

diverting by exchange at the Tenmile Creek Pipeline 10.7 c.f.s. When diverting by exchange at the Copper Mountain West Lake

Well, 5.6 cfs. When diverting by exchange at the West Lake Pipeline No. 1, 12.9 cfs. When diverting by exchange at the Wheeler

Gulch Pipeline, 3.2 cfs. Clinton Gulch Reservoir exchange: Legal Description: Downstream Terminus: The confluence of Tenmile

Creek and W. Tenmile Creek, located in in the SW1/4 SW1/4, Sec. 20, T. 6 S., R. 78 W., 6th

P.M. at a pt. 853 ft. from the S. Sec. line

and 457 ft. from the W. Sec. line (Based on BLM Sec. lines, UTM X: 401817, UTM Y: 4373977 Zone 13). The location of the

Downstream Terminus is graphically shown in Exhibit C, attached to app. Upstream Termini: The Copper Mountain West Lake Well,

West Lake Pipeline No. 1, or Wheeler Gulch Pipeline described above. A legal description of the above described termini can be

found in Sec. 4.c., 5.b., and 6.b. of this application respectively. The location of the Upstream Termini are graphically shown in



Exhibit C, attached to app. Amt.: When diverting by exchange at the Copper Mountain West Lake Well, 5.6 cfs. When diverting by

exchange at the West Lake Pipeline No. 1, 12.9 cfs. When diverting by exchange at the Wheeler Gulch Pipeline, 3.2 cfs. Total amt.

that may be diverted under this exchange shall not exceed 245.5 AF per snowmaking season, cond. Total cumulative amt. that may be

diverted under the Williams Fork Reservoir exchange or the Clinton Gulch Reservoir exchange shall not exceed 245.5 AF per

snowmaking season, cond. Approp. Date: December 29, 2016, based on filing of application. Terms and Conditions. Powdr will

install, maintain and operate measuring devices and provide accounting and water supply calculations regarding the timing of

diversions and depletions as required by the Division Engineer for the operation of the plan. Powdr will also file reports with the

Division Engineer on such schedule as the Engineer may require summarizing diversions and replacements made under the plan.

Powdr acknowledges its entry into a Memorandum of Agreement with the State of Colorado, Department of Natural Resources,

regarding minimum instream flows and mitigation measures on Tenmile and W. Tenmile Creeks, as signed on 3/11/1986, and

amended on 10/25/1988. Powdr will not augment by exchange from the described Williams Fork Reservoir when the Colorado Water

Conservation Board’s instream flow rights on Tenmile Creek, W. Tenmile Creek and/or other downstream instream flow rights on the

Blue River senior to Powdr’s claimed exchange date are not satisfied. Powdr will not augment by exchange from the described

Clinton Gulch Reservoir when the Colorado Water Conservation Board’s instream flow rights on W. Tenmile Creek, senior to

Powdr’s claimed exchange date, are not satisfied. Powdr will continue its instream flow compliance monitoring program on Tenmile

Creek at Officer’s Gulch and will continue to provide assistance to the Colorado Water Conservation Board and the Colorado Division

of Water Resources in maintenance of the Tenmile Creek below Confluence of W. Tenmile Creek compliance streamflow recording

gage per its prior commitments in Case No. 10CW115. Powdr will not augment by exchange from the Williams Fork Reservoir when

the computed natural inflow to Dillon Reservoir is at or below fifty (50) cfs, except as otherwise provided for in paragraph 3 of the

Clinton Agreement. The decreed plan for aug. shall be subject to retained jurisdiction in accordance with law. Names and addresses

of owners or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion

or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing

storage pool: Copper Mountain W. Lake Well and W. Lake Pipeline No. 1: Applicant. Wheeler Gulch Pipeline: United States of

America, White River National Forest, Water Rights Department, P.O. Box 948, Glenwood Springs, Colorado 81602. Tenmile Creek

Pipeline: United States of America, White River National Forest, Water Rights Department, P.O. Box 948, Glenwood Springs,

Colorado 81602. Clinton Gulch Reservoir: Clinton Ditch & Reservoir Company, P.O. Box 712, Frisco, CO 80443. Williams Fork

Reservoir: Denver Water Department, 1600 W. 12th

Avenue, Denver, CO 80204-3412. (21 pgs).






CO 81601.





rights must appear to object and protest within the time provided by statute, or be forever barred. 16CW3170 MESA COUNTY. COLORADO RIVER. Application for Finding of Reasonable Diligence and to Make Conditional

Water Rights Absolute. Applicant: Fruita Development LLC, 735 North Water Street, Suite 790, Milwaukee, WI 53202, c/o Garfield

& Hecht, P.C., 420 7th

Street, Suite 100, Glenwood Springs, CO 81601, (970) 947-1936. Name and description of water rights: Name

of structure: Spendrup Canal and Pumping Station. Original Decree: Entered on Sept. 3, 2003 in Case No. 02CW84, District Court,

Water Div. No. 5. Subsequent Decrees: Subsequent decree approving a change of the water rights was entered in Case No. 08CW146;

and a subsequent decree making a finding of reasonable diligence was entered in Case No. 09CW108. Location: The point of

diversion is located on the right bank of the Colorado River in the SE1/4 SE1/4 of Section 11, Township 1 North, Range 3 West, Ute

Meridian at a point located approximately 950 feet north of the South Section Line and 360 feet west of the East Section Line of

Section 11. A map showing the location of the point of diversion is attached as Exhibit A. The Spendrup Canal and Pumping Station is

located on Lot 1, Wesfrac Subdivision, Mesa County, Colorado. Source: Colorado River. Date of Appropriation: July 3, 2001.

Amount: 10 c.f.s.; absolute for firefighting use and conditional for all other uses. Uses: Firefighting, irrigation, industrial, and

domestic. Irrigation use is limited to up to 25 acres of lawns, trees, shrubs and other landscaping. Remarks: Water diverted at the

Spendrup Canal and Pumping Station may be used directly for any of the uses described above or it may be stored in the Spendrup

Pond, described below, for subsequent release and/or use for such purposes. If water under this water right is diverted and applied

directly for irrigation use (rather than being stored for subsequent release for irrigation use), it shall be diverted at a rate that does not

exceed 0.025 c.f.s. for each acre irrigated (which is a duty of water of 1.0 c.f.s. per 40 acres of irrigated land). Pursuant to the change

of water right decreed in Case No. 08CW146, the Spendrup Canal and Pumping Station water right may be used on Lot 1 of Wesfrac

Subdivision plus the additional lands shown on the map attached as Exhibit B. Name of structure: Spendrup Pond. Original Decree:

Entered on Sept. 3, 2003 in Case No. 02CW84, District Court, Water Div. No. 5. Subsequent Decrees: Subsequent decree approving a



change of the water rights was entered in Case No. 08CW146; and a subsequent decree making a finding of reasonable diligence was

entered in Case No. 09CW108. Location: The Spendrup Pond is located in the NE1/4 SE1/4 of Section 11, Township 1 North, Range

3 West, Ute Meridian. The center of Spendrup Pond is located approximately 2,200 feet north of the South Section Line and 250 feet

west of the East Section Line of said Section 11. A map showing the pond location is attached as Exhibit A. The Spendrup Pond is

located on Lot 1, Wesfrac Subdivision, Mesa County, Colorado. Source: The Spendrup Pond is filled by the Spendrup Canal and

Pumping Station water right, described above. The source of water used to fill the Spendrup Pond is the Colorado River. Date of

Appropriation: July 3, 2001. Amount: 7.0 acre-feet; absolute for firefighting use and conditional for all other uses; together with the

right to fill and refill the Spendrup Pond when water is available in priority. The maximum rate of diversion for filling the Spendrup

Pond is 10 c.f.s. Uses: Firefighting, irrigation, industrial, and domestic. Irrigation use is limited to up to 25 acres of lawns, trees,

shrubs and other landscaping. Dam and Reservoir information: Surface area of high water line: Approximately one (1) acre. Height

and length of dam: The Spendrup Pond is excavated into the ground, so it does not have a dam. Total capacity of pond: 7 acre-feet.

Water is pumped from the pond for use, so all of the capacity is active capacity. Remarks: Pursuant to the change of water right

decreed in Case No. 08CW146, the Spendrup Pond water right may be used on Lot 1 of Wesfrac Subdivision plus the additional lands

shown on the map attached as Exhibit B. Integrated System. The water rights are part of an integrated water supply system serving Lot

1, Wesfrac Subdivision plus the additional lands shown on Exhibit B. Work on one feature of the water supply system shall be

considered in finding that reasonable diligence has been shown in the development of water rights for all features of the system.

C.R.S. § 37-92-301(4)(b). Claim for Finding of Reasonable Diligence. The application contains a detailed outline of what has been

done for completion of the appropriations and application of water to beneficial use as conditionally decreed, including expenditures.

Claims to Make Absolute. Applicant requests the Court to determine and decree that the water rights have been made absolute in the

amounts and for the uses described below. To the extent that the Court does not determine that the water rights have been made

absolute, the Applicant requests a decree finding reasonable diligence in the development of the subject water rights and continuing

them throughout the next diligence period. Spendrup Canal and Pumping Station. In Case No. 02CW84, the Spendrup Canal and

Pumping Station was decreed absolute in the amount of 10 c.f.s. for firefighting use. Since then, the Spendrup Canal and Pumping

Station water right has been used for industrial purposes also, as set forth below, and should be made absolute for that additional use.

Date applied to beneficial use: May 31, 2010. There was no downstream call on the Colorado River, and diversions were made in

priority. Uses: industrial. Description of place of use: Lot 1 of Wesfrac Subdivision plus the additional lands shown on the map

attached as Exhibit B. Spendrup Pond. In Case No. 02CW84, the Spendrup Pond was decreed absolute in the amount of 7.0 acre-feet

for firefighting use, with a maximum rate of fill of 10 c.f.s. and the right to fill and refill the Pond when water is available in priority.

Since then, the Spendrup Pond water right has been used for industrial purposes also, as set forth below. 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.” Therefore, the Spendrup Pond water

right shall be made absolute for all of its remaining decreed conditional uses of irrigation, industrial, and domestic. Date applied to

beneficial use: May 31, 2010. There was no downstream call on the Colorado River, and diversions were made in priority. Uses:

irrigation, industrial, and domestic. Description of place of use: Lot 1 of Wesfrac Subdivision plus the additional lands shown on the

map attached as Exhibit B. Name and address of owner reputed owner 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: Applicant. Wherefore, the Applicant respectfully requests this Court to

determine, adjudge and decree as follows: The Spendrup Canal and Pumping Station has been made absolute for the additional use of

industrial, in addition to its pre-existing absolute use and amount, so that the water right is now absolute for industrial and firefighting

uses in its full decreed amount of 10 c.f.s.; and Pursuant to C.R.S. § 37-92-301(4)(e), the Spendrup Pond shall be made absolute for all

of its remaining decreed conditional uses of irrigation, industrial, and domestic, so that the water right is now absolute for all decreed

uses (firefighting, irrigation, industrial, and domestic) in its full decreed amount of 7.0 acre-feet, with a maximum rate of fill of 10

c.f.s. and the right to fill and refill the Pond when water is available in priority; and the Applicant has shown reasonable diligence in

the development of the remaining conditional uses of the Spendrup Canal and Pumping Station water right for irrigation and domestic

uses and continuing such conditional uses in full force and effect throughout the next diligence period.






CO 81601.








16CW3171 UNNAMED SPRINGS TRIBUTARY TO THE ROARING FORK RIVER, PITKIN COUNTY. Application for

Findings of Reasonable Diligence. Aspen Skiing Company, LLC, c/o Arthur B. Ferguson, Esq. and Meghan N. Winokur, Esq.,

HOLLAND & HART LLP, 600 E. Main St., Suite 104, Aspen, CO 81611-1991, [email protected],

[email protected], (970) 925-3476. Name of structures: Loushin Spring No. 1 First Enlargement and Loushin Spring No. 2

First Enlargement. Prior Decrees: 08/14/1990, 89CW312; 07/15/1997, 96CW192; 09/03/2003, 02CW186; 12/30/2010, 09CW128, all

in Water Div. No. 5. Legal Description: (i) Loushin Spring No. 1: SW¼SE¼ of Section 30, Township 10 South, Range 84 West, 6th

P.M., Pitkin County, Colorado, at a point whence Corner No. 4 of Iron Silver Placer, U.S.M.S. No. 5963, bears S. 1°26’ E. a distance

of 1443 feet. A supplemental legal description based on UTM derived from the Colorado Division of Water Resources Aqua Map

system is X Zone 13 343611, Y Zone 134334627, Long. -106°48’35” Lat. 39°8’48.5”. (ii) Loushin Spring No. 2: SW¼SE¼ of

Section 30, Township 10 South, Range 84 West, 6th P.M., Pitkin County, Colorado, at a point whence Corner No. 4 of Iron Silver

Placer, U.S.M.S. No. 5963, bears S. 00°45’ W. a distance of 1426 feet. A supplemental legal description based on UTM derived from

the Colorado Division of Water Resources Aqua Map system is X Zone 13 343622, Y Zone 134334617 Long. -106°48’34.6” Lat.

39°8’48.2”. Source: Unnamed springs tributary to the Roaring Fork River, tributary to the Colorado River. Approp. date: 12/29/1985.

Amount: Loushin Spring No. 1: 0.05 c.f.s., conditional. Loushin Spring No. 2: 0.03 c.f.s., conditional. Uses: Domestic, recreation,

irrigation, commercial, snowmaking, and fire protection uses. Names and addresses of owners or reputed owners of the land upon

which structures are located: Jeffrey S. Shoaf, P.O. Box 3123, Aspen, CO 81612; Washington Carver, LLC, a Colorado limited

liability company, P.O. Box 3123, Aspen, CO 81612. A map showing the locations of the subject structures is attached to the

Application as Exhibit A. A detailed outline of activity during the diligence period is included in the Application. (6 pages)






CO 81601.






16CW3172 GARFIELD COUNTY. TRIBUTARY TO THE ROARING FORK RIVER. Application for Findings of Reasonable

Diligence. Applicant: Stirling Ranch Property Owners Association, Inc., 1802 County Road 102, Carbondale, CO 81623, c/o Garfield

& Hecht, P.C., 420 7th

Street, Suite 100, Glenwood Springs, CO 81601, (970)947-1936. Name and description of Water Rights: Name

of structures: Stirling Wells A, B, C, D, E, F, G, H, I, J, and L. Original Decree: Entered on Sept. 11, 1980 in Case No. 79CW383,

Water Div. No. 5. Subsequent Decrees: Decrees finding reasonable diligence and/or making the subject water rights partially absolute

were entered in Case Nos. 84CW297, 88CW254, 94CW285, 01CW111, and 08CW25. In Case No. 84CW741, the points of diversion

of Stirling Wells 3, 4, 6, 7, 8, 9, 10, 11, and 12 were changed to Stirling Wells A-L, inclusive. In Case No. 87CW244, as modified by

Case No. 99CW036, a commercial use of the wells for a health spa was added to their decreed conditional uses. In Case No.

92CW238, the locations of Stirling Wells K and L were changed, Stirling Well K being changed to Stirling Well L. In Case No.

99CW036, the decreed locations of Stirling Wells D, F, I, and J were changed. In Case No. 02CW135, the decreed locations and/or

amounts of Stirling Wells B, D, F, I, and L were changed. Locations: (A map showing the as-built well locations is attached as Exhibit

A.) Stirling Well A is located in the NW1/4 NE1/4 of Section 29, Township 7 South, Range 87 West of the 6th

P.M. at a point whence

the Northwest corner of said Section bears North 74°00’ West a distance of 3,880 feet. Stirling Well B is located in the SW1/4 NE1/4

of Section 29, Township 7 South, Range 87 West of the 6th

P.M., at a point 1,375 feet from the North section line and 1,970 feet from

the East section line of said Section 29. Stirling Well C is located in the SW1/4 NE1/4 of Section 29, Township 7 South, Range 87

West of the 6th

P.M. at a point whence the Northwest corner of said Section bears North 57°30’ West a distance of 3,160 feet. Stirling

Well D is located in the NE1/4 SE1/4 of Section 29, Township 7 South, Range 87 West of the 6th

P.M., at a point 800 feet from the

East section line and 2,600 feet from the South section line of said Section 29. Stirling Well E is located in the NW1/4 SE1/4 of


P.M. at a point whence the Northwest corner of said Section bears North

42°30’ West a distance of 4,080 feet. Stirling Well F is located in the SW1/4 NE1/4 of Section 29, Township 7 South, Range 87 West

of the 6th

P.M., at a point 2,200 feet from the North section line and 1,350 feet from the East section line of said Section 29. Stirling

Well G is located in the NW1/4 SE1/4 of Section 29, Township 7 South, Range 87 West of the 6th

P.M. at a point whence the

Northwest corner of said Section bears North 35° West a distance of 4,070 feet. Stirling Well H is located in the NW1/4 SW1/4 of


P.M. at a point whence the Northwest corner of said Section bears North

17°30’ West a distance of 3,350 feet. Stirling Well I is located in the SE1/4 NW1/4 of Section 29, Township 7 South, Range 87 West

of the 6th

P.M., at a point 2,370 feet from the North section line and 1,795 feet from the West section line of said Section 29. Stirling

Well J is located in the SW1/4 SW1/4 of Section 29, Township 7 South, Range 87 West of the 6th

P.M., at a point 2,100 feet from the

South section line and 1,500 feet from the West section line of said Section 29. Stirling Well L is located in the SE1/4 NE1/4 of






P.M., at a point 434 feet from the East section line and 1,438 feet from the

North section line of said Section 30. Source: Groundwater tributary to the Roaring Fork River. Date of appropriation: May 15, 1979.

Amounts: Stirling Well A: 14 g.p.m., conditional. Stirling Well B: 12 g.p.m., absolute. Stirling Well C: 14 g.p.m., conditional. Stirling

Well D: 15 g.p.m., absolute. Stirling Well E: 14 g.p.m., conditional. Stirling Well F: 12 g.p.m., absolute. Stirling Well G: 5 g.p.m.,

conditional. Stirling Well H: 5 g.p.m., conditional. Stirling Well I: 25 g.p.m., absolute. Stirling Well J: 18 g.p.m., conditional. Stirling

Well L: 10 g.p.m., absolute. Uses: Stirling Wells A, C, E, G, H, and J (all uses conditional): domestic, commercial, household

purposes, livestock water, fire protection, and lawn and garden irrigation. Stirlings Wells B, D, F, I, and L: Absolute Uses: domestic,

household purposes, fire protection, and lawn and garden irrigation. Conditional Uses: commercial and livestock water. Well Permits:

Stirling Well B – Well Permit No. 67902-F. Stirling Well D – Well Permit No. 59637-F. Stirling Well F – Well Permit No. 59639-F.

Stirling Well I - Well Permit No. 67903-F. Stirling Well L - Well Permit No. 59644-F. Names of Structures: Stirling Wells M, N, O,

and P. Original decree: Entered on Jan. 29, 1986 in Case No. 85CW139, Water Div. No. 5. Subsequent decrees: Decrees finding

reasonable diligence and/or making the subject water rights partially absolute were entered in Case Nos. 90CW004, 96CW019,

02CW168, and 08CW25. The original decree was amended by decree in Case No. 87CW244 entered on Feb. 18, 1988, as further

amended by decree in Case No. 99CW36 entered on Jan. 14, 2000. The decreed locations and/or amounts of Stirling Wells O and P

were changed by decree entered on Feb. 24, 2003 in Case No. 02CW135. Locations: (A map showing the as-built well locations is

attached as Exhibit A.) Stirling Well M is located in the SW1/4 NW1/4 of Section 29, Township 7 South, Range 87 West of the 6th

P.M., at a point whence the Northwest corner of said Section bears North 25° West a distance of 1,516 feet. Stirling Well N is located

in the SE1/4 NW1/4 of Section 29, Township 7 South, Range 87 West of the 6th

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

Section bears North 42°45’ West a distance of 2,362 feet. Stirling Well O is located in the SE1/4 NW1/4 of Section 29, Township 7

South, Range 87 West of the 6th

P.M., at a point 2,105 feet from the North section line and 1,895 feet from the West section line of

said Section 29. Stirling Well P is located in the NW1/4 NE1/4 of Section 29, Township 7 South, Range 87 West of the 6th

P.M., at a

point whence the Northwest corner of said Section bears North 82°30’ West, a distance of 3,386 feet. Source: Groundwater tributary

to the Roaring Fork River. Date of appropriation: April 5, 1985. Amounts: Stirling Well M: 0.033 c.f.s. (15 g.p.m.), conditional.

Stirling Well N: 0.033 c.f.s. (15 g.p.m.), conditional. Stirling Well O: 0.033 c.f.s. (15 g.p.m.), absolute. Stirling Well P: 21 g.p.m.; 16

g.p.m. absolute & 5 g.p.m. conditional. Uses: Stirling Wells M and N (all uses conditional): domestic, commercial, household

purposes, livestock water, fire protection, and lawn and garden irrigation. Stirling Well O: Absolute Uses: livestock water, fire

protection, and lawn and garden irrigation. Conditional Uses: domestic, household purposes, and commercial uses. Stirling Well P:

Absolute Uses: domestic, household purposes, fire protection, and lawn and garden irrigation. Conditional Uses: commercial and

livestock water. Well Permits: Stirling Well O – Well Permit No. 59647-F. Stirling Well P – Well Permit No. 59648-F. Integrated

System. As decreed in Case No. 08CW25, the water rights for Stirling Wells A-J and L-P form an integrated water supply system

pursuant to C.R.S. § 37-92-301(4)(b), such that work on any one feature of the system shall be considered in finding that reasonable

diligence has been shown in the development of water rights for all features of the system as a whole. Claim for Findings of

Reasonable Diligence. The application contains a detailed outline of what has been done toward or for completion of the appropriation

and application of water to beneficial use as conditionally decreed, including expenditures. Names and addresses of owners or reputed

owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is

or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Stirling Well

A: Norman Lindsay Harris, Jr., 232 Clipper Place, Carbondale, CO 81623. Stirling Well B: Julia G. Herman, 233 Clipper Place,

Carbondale, CO 81623. Stirling Well C: Patricia K. Otte, 89 Daniel Drive, Aspen, CO 81611. Stirling Well E: Wallace Wright &

Kristen Graham, 2000 Little Raven Street, 101, Denver, CO 80202. Stirling Well J: Ronald Schiller & Alan Fletcher, 100 Mountain

Laurel Court, Aspen, CO 81611. Stirling Well M: Ariana M. Stirling, 4252 Omao Road, Koloa, HI 96756. Stirling Well P: Bob and

Michele Nystrom, 20562 Linksview Drive, Boca Raton, FL 33434. Stirling Wells D, F, G, H, I, L, N, and O: Applicant. Wherefore,

the Applicant respectfully requests the Court to enter a decree finding and concluding that the Applicant has shown reasonable

diligence in the development of the subject conditional water rights set forth herein and continuing such conditional water rights

throughout the next diligence period.






CO 81601.





rights must appear to object and protest within the time provided by statute, or be forever barred. 16CW3173 DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO. 109 8th Street, Ste. 104, Glenwood Springs,

CO 81601.Telephone: 81637. IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF THE BUCKHORN VALLEY



METROPOLITAN DISTRICT NO. 1, IN EAGLE COUNTY, COLORADO. APPLICATION FOR CONDITIONAL AND

ABSOLUTE STORAGE WATER RIGHTS. 1. Name and Address and Telephone Number of Applicant: Buckhorn Valley

Metropolitan District No. 1, c/o John Hill, P.O. Box 5128, Gypsum, Colorado 81637, 970-470-2087. Direct all pleadings to: Steve

Bushong, Corina Hach, Porzak Browning & Bushong LLP, 2120 13th Street, Boulder, CO 80302. 2. Overview: Buckhorn Valley

Metropolitan District No. 1 (“Buckhorn”) seek a new junior storage right in the Buckhorn Pond No. 1 using the J.P.O. No. 1 Ditch and

J.P.O. No. 2 Ditch (collectively referred to sometimes herein as “JPO Ditches”) to divert water for filling the structure. Buckhorn

Pond No. 1 and the JPO Ditches are existing decreed structures. 3. Names of Reservoir for which New Water Right Is Sought: a.

Buckhorn Pond No. 1 (Supplemental). 4. Description of New Water Right for Buckhorn Pond No. 1 (Supplemental). a. Legal

Description: The dam for Buckhorn Pond No. 1 is located in the S1/2SE1/4 of Section 11, T. 5 S., R. 85 W. of the 6th P.M.,

approximately 460 feet from the South section line and 1720 feet from the East section line of said Section 11. UTM Zone 13 NAD

1983, Easting 337941, Northing 4387866. b. Source: Hernage Creek (J.P.O. Ditch No. 1) and Abrams Creek (J.P.O. Ditch No. 2).

Hernage Creek is tributary to Abrams Creek, tributary to Brush Creek, tributary to the Eagle River. c. Name of Ditches Used

to Fill Buckhorn Pond No. 1 (Supplemental): J.P.O. Ditch No. 1. The headgate for J.P.O. No. 1 Ditch is located on Hernage Creek in

Eagle County at a point whence the NW corner of Section 30 in Township 5 S., R. 84 W. of the 6th P.M., bears N. 20º 8’ West 10,029

feet. UTM Zone 13 NAD 1983, Easting 341045, Northing 4381551. J.P.O. Ditch No. 2. The headgate for J.P.O. No. 2 Ditch is

located on Abrams Creek in Eagle County at a point whence the NW corner of Section 30, in Township 5 S., R. 84 W., of the 6th

P.M., bears N. 9º 00’ West 3,114 feet. UTM Zone 13 NAD 1983, Easting 340248, Northing 4383554. d. Date of Appropriation: June

1, 2008, based upon the intent to appropriate and actions consistent with that intent including, but not limited to, construction of

Buckhorn Pond No. 1 with the ability to fill from the JPO Ditches. e. Storage Amount Claimed. 62 acre-feet, with right to fill and

refill, of which 12.05 acre-feet is absolute and the remainder is conditional. Diversions into storage in the amount of 12.05 acre-feet

occurred in May, 2015, and is documented in Exhibit A. The first beneficial use of occurred in 2008. f. Filling Rate Claimed. J.P.O.

Ditch No. 1. 4 c.f.s., absolute. J.P.O. Ditch No. 2. 3 c.f.s., absolute. g. Uses: Storage for irrigation, piscatorial, and recreation.

Irrigation use is for lands within the Buckhorn service area, as approximately shown on Exhibit B, and is a supplemental irrigation

supply for those lands. h. Buckhorn Pond No. 1 (Supplemental) Specifications. Buckhorn Pond No. 1 (Supplemental) is an off-

channel pond with a surface area of approximately 5.3 acres when full. The entire 62 acre-feet of storage within the Buckhorn Pond

No. 1 (Supplemental) is available for beneficial use without dead storage. The height of the dam is approximately 4 feet. i. Remarks.

Buckhorn Pond No. 1 (Supplemental) is a storage right that will be used when water is available in the JPO Ditches that is not being

used directly for irrigation under the prior decrees for the JPO Ditches, as described below. Use of storage in conjunction with the

JPO Ditches historically existed in a smaller pond that was replaced with Buckhorn Pond No. 1 and was contemplated in the original

map and filing statement for the JPO Ditches dated February 22, 1909. This application confirms the practice of allowing permanent

storage of water carried in the JPO Ditches, but does not affect continued use of the JPO Ditches for direct irrigation under their prior

decrees, including temporary storage in Buckhorn Pond No. 1 for irrigation. To the extent any portion of the above-claimed absolute

water rights are not granted absolute, Buckhorn requests that portion be made conditional. Exhibit B reflects the approximate location

of the structures. j. Trout Unlimited Agreement. Buckhorn entered into an Agreement with Trout Unlimited dated June 28, 2016,

which calls for piping portions of the J.P.O. No. 2 Ditch from Abrams Creek to Buckhorn Pond No. 1 and to thereafter leave certain

flows in Abrams Creek for the native cutthroat trout fishery. If the conditions of that Agreement are satisfied allowing the project to

move forward, Buckhorn will subject the new water rights sought herein to the flow restrictions described in that Agreement. 5. Prior

Decrees for Buckhorn No. 1 Pond. Buckhorn Pond No. 1 was previously decreed storage water rights as described below. Decrees:

Buckhorn Pond No. 1 was originally decreed a storage water right in Case No. 97CW002, District Court for Water Division No. 5, by

decree dated February 18, 2014, with findings of reasonable diligence in Case No. 2010CW21 by said Court. Decreed Legal

Description: Same as described in paragraph 4.a, above. Decreed Sources: LPL Spring, Secret Spring, Buckhorn Pond No. 2,

Buckhorn Pond No. 3, Eagle River Right (all more specifically described in the 97CW002 and 2010CW21 decrees referenced above).

Date of Appropriation: July 2, 1997. Decreed Amount. Total active capacity of 75 acre-feet, with right to fill and refill, conditional.

Buckhorn Pond No. 1 also serves as an alternate point of storage for Buckhorn Pond No. 2 (29.9 acre-feet, with right to fill and refill,

conditional) and Buckhorn Pond No. 3 (20 acre-feet, with right to fill and refill, conditional). Decreed Uses: Storage for irrigation,

piscatorial, recreation, dust control, and other construction uses. Remarks: Buckhorn Pond No. 1 (Supplemental) is the same structure

as Buckhorn Pond No. 1, as currently constructed, although Buckhorn Pond No. 1 could still be enlarged to its full decreed amounts.

Appropriative rights of exchange were decreed for use in conjunction with the Eagle River Right, a source for Buckhorn Pond No. 1,

as described in Case No. 97CW002. 6. Prior Decrees for JPO Ditches: The JPO Ditches have previously decreed water rights as

described below. Decrees: The JPO Ditches were originally decreed in CA-548, District Court of Eagle County by decree dated

February 28, 1911, and thereafter extended and enlarged in CA-841, District Court of Eagle County, by decree dated December 3,

1926. Decreed Legal Descriptions: J.P.O. No. 1 Ditch. The headgate for J.P.O. No. 1 Ditch is located on Hernage Creek in Eagle

County at a point whence the NW corner of Section 30 in Township 5 S., R. 84 W. of the 6th P.M., bears N. 20º 8’ West 10,029 feet.

J.P.O. No. 2 Ditch. The headgate for J.P.O. No. 2 Ditch is located on Abrams Creek in Eagle County at a point whence the NW corner

of Section 30, in Township 5 S., R. 84 W., of the 6th P.M., bears N. 9º 00’ West 3,114 feet N. 8º 40’, 3.069 feet. Decreed Sources:

J.P.O. No. 1 Ditch. Hernage Creek, tributary to Abrams Creek, tributary to Brush Creek, tributary to the Eagle River. J.P.O. No. 2

Ditch. Abrams Creek, tributary to Brush Creek, tributary to the Eagle River. Dates of Appropriation: Both JPO Ditches were

awarded an original appropriation date of June 3, 1908, and the extension and enlargement of the JPO Ditches was awarded an



appropriation date of April 1, 1916. Decreed Amounts. J.P.O. No. 1 Ditch. Total of 4 cfs, with 2 cfs under the original

appropriation and 2 cfs under the extension and enlargement. J.P.O. No. 2 Ditch. Total of 3 cfs, with 1 cfs under the original

appropriation and 2 cfs under the extension and enlargement. Decreed Uses: Irrigation under the original appropriation for both JPO

Ditches, and irrigation and domestic for the extension and enlargement for the JPO Ditches. Remarks: The legal description for the

J.P.O. No. 1 Ditch given in paragraph 6.b.ii, above, is derived from CA-841 and is slightly different than that given in CA-548. As

described in CA-841, the water rights for the JPO Ditches share the same ditch beginning at Abrams Creek. 7. Name and address of

the owner of the land on which the subject water right will be located: Buckhorn Pond No. 1 is located on Buckhorn property. The

JPO Ditches are partially located on Buckhorn property, and partially on property held by the following: Bureau of Land

Management, Silt Field Office, 2300 River Frontage Road, Silt CO 81652. WHEREFORE, Buckhorn respectfully requests this Court

enter a decree confirming the absolute water rights and granting the conditional water rights described in paragraph 4, above, for

storage and diversions into storage. To the extent any portion of the claimed absolute water rights are not confirmed, Buckhorn

requests such portion be made conditional. Buckhorn further requests such other relief as maybe appropriate and that is consistent

with this Application. (6 pages + exhibits)






CO 81601.





rights must appear to object and protest within the time provided by statute, or be forever barred. 16CW3174 GARFIELD COUNTY. COLORADO RIVER. Application for Finding of Reasonable Diligence and to Make

Absolute. Applicant: EMCM Corp. c/o Stuver & LeMoine, P.C., Attn: Timothy Graves, PO Box 907, Rifle, Colorado 81650; 970-

625-1887. Original Decree: Case No. 01CW51, District Court, Water Division No. 5, entered 08/26/2003. CLAIM NO. 1 GROUND

WATER RIGHT: Applicant requests an order to make absolute in whole the following ground water right decreed to the V. MEAD

SPRING. Decreed location: The diversion location for V. Mead Spring is located in the SWSW of Section 30, Township 6 South,

Range 93 West of the 6th P.M. in Garfield County, Colorado at a point 192 feet from the South Section line and 927 feet from the

West section line. Date of Appropriation: March 15, 2001. Amount: 0.022 c.f.s., Conditional. Use: V. Mead Spring is used fire

protection, and livestock and wildlife watering. V. Mead Spring will be used for Irrigation of ten acres of the NW1/4 of Section 30

lying westerly of County Road 317 within the following diligence period, pending economic feasibility. Date Water First Applied to

Beneficial Use: September 1, 2003. Amount: 0.022 c.f.s. Location of Beneficial Use: See Exhibit A 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: V. MEAD SPRING ground water right be made absolute as to fire protection, and livestock and wildlife

watering. V. MEAD SPRING ground water right remain conditional and a finding of diligence be found as to Irrigation of ten acres of

the NW1/4 of Section 30 lying westerly of County Road 317.






CO 81601.






16CW3175 (10CW98, 02CW307) EAGLE COUNTY, SPRING TRIBUTARY TO EAGLE RIVER. G. Jouflas Ranches, LLC,

Attn: Greg Jouflas P.O. Box 55245, Grand Junction, CO 81505 c/o William H. Caile, Esq., Kylie J. Crandall, Esq. Holland & Hart

LLP, 555 17th Street, Suite 3200 Post Office Box 8749, Denver, CO 80201-8749; (303) 295-8000. 2. Names of Structures: A. Henry

Spring B.William Pond 3. Previous Decrees: A. Date of original decree: March 1, 2004 in Case No. 02CW307, Water Division 5. B.

Subsequent decree awarding diligence: December 30, 2010, in Case No. 10CW98, Water Division 5. 4. Description of Conditional

Water Rights (from prior decrees): A. Henry Spring: i. Legal description: A spring located in the SW¼ SE¼, Section 16, Township 4

South, Range 83 West, 6th P.M. at a point 300 feet from the South line and 2300 feet from the East line of said Section 16. See



location map on file with water court. ii. Source: Spring tributary to the Eagle River, tributary to the Colorado River. iii. Date of

appropriation: August 22, 2002. iv. Amount claimed: 50 gallons per minute (gpm), CONDITIONAL. Use: Domestic, irrigation,

piscatorial, commercial, fire protection and storage for the same uses. The spring may be used to fill and refill the William Pond

described herein for the said uses and to replace evaporation. a. Lands to be irrigated: 5 acres of Applicant’s property located in the

SE¼ of said section 16. See map on file with water court. B. William Pond: i. Legal description: A pond located in the NW¼ SE¼

Section 16, Township 4 South, Range 83 West, 6th P.M. at a point 2400 feet from the South line and 1750 feet from the East line of

Section 16. See map on file with water court. ii. Name and capacity of ditch or ditches used to fill reservoir, and legal description of

each point of diversion: William Pond is an off channel reservoir to be filled from Henry Spring, described herein. iii. Source: Spring

tributary to the Eagle River, tributary to the Colorado River. iv. Date of appropriation: August 22, 2002. v. Amount claimed: 20 acre-

feet (AF), CONDITIONAL (all active capacity). vi. Use: Domestic, irrigation, piscatorial, commercial, fire protection and storage for

the same uses. The Henry Spring may be used to fill and refill the William Pond for the said uses and to replace evaporation. a. Lands

to be irrigated: 5 acres of Applicant’s property located in the SE¼ of said section 16. See map on file with water court. vii. Size of

reservoir: a. Maximum height of dam in feet: 10. b. Length of dam in feet: 300 c. Total active capacity of reservoir in acre-feet: 20. d.

Dead storage in acre feet: 0. 5. Remarks/Integrated System: The subject water rights are part of Applicant’s integrated water supply

system, which includes a number of ditches, ponds, wells and water supply plans, for use on Applicant’s property. See decree in Case

No. 02CW307 (where this Court concluded that the Subject Water Rights were individual components of Applicant’s integrated water

supply system). Consequently, diligence with respect to any one component of the Applicant’s integrated water system should be

considered in finding that reasonable diligence has been shown in the development of water rights for all features of the Applicant’s

integrated system. See C.R.S. § 37-92-301(4)(b). 6. A detailed outline of what has been done toward completion of the appropriation

and application of water to beneficial use, including expenditures, is included in the application on file with the water court. 7.Name

and address of owners of land upon which any new diversion or storage structure, or modification to any existing diversion or storage


Applicant.






CO 81601.





rights must appear to object and protest within the time provided by statute, or be forever barred. 16CW3176 EAGLE COUNTY – PINEY RIVER. JPO Ranch, LLC, c/o Scott C. Miller, Esq. and Jason M. Groves, Esq., Patrick,

Miller & Noto, P.C., 229 Midland Ave., Basalt, CO 81621 (970) 920-1030. APPLICATION FOR CHANGE OF WATER RIGHTS

AND FOR A NEW STORAGE WATER RIGHT. First Claim: Olsen Reservoir No. 1. Original decree: June 21, 1977. Case No. W-

1884, Water Division 5. Legal: SE ¼ SW ¼ NW ¼ of Section 5, Township 3 South, Range 82 West of the 6th

P.M. The Western

abutment of the dam is located 1,920 feet West and 20 feet North of the Center of said Section 5. Source: The drainage from the

area lying North and East of the Reservoir and from Aspen Creek and Castle Creek, tributaries of the Piney River, tributary

to the Colorado River. Appropriation date: June 1, 1930. Amount: 37.342 acre-feet, absolute. Dam height: 39 ft. Dam length: 350 ft.

Use: livestock water, recreation, fish production, domestic, piscatorial, and other beneficial uses. Amount for change: 0.308 acre-foot,

for all uses decreed. Proposed change: Place of use of 0.308 acre-feet from the Olsen Reservoir No. 1 to the Olsen Reservoir No. 5 at

the corrected location described in the Sixth Claim below. The remaining 37.034 acre-feet will continue to be used at the Olsen

Reservoir No. 1. Second Claim: Olsen Reservoir No. 1.5. Original decree: June 21, 1977. Case No. W-2907, Water Division 5. Legal:

SW ¼ NW ¼ of Section 5, Township 3 South, Range 82 West of the 6th

P.M. The Western abutment of the dam is at a point 2,000 feet

West and 1,000 feet North of the Center of said Section 5. Source: The drainage from the area lying North and East of the Reservoir,

Aspen Creek and Castle Creek, tributaries of the Piney River, tributary to the Colorado River. Appropriation date: June 1, 1930.

Amount: 3.0 acre-feet, absolute. Dam height: 12 ft. Dam length: 200 ft. Use: livestock water, recreation, fish production, domestic,

piscatorial, and other beneficial uses. Amount for change: 3.0 acre-feet, for all uses decreed. Proposed change: Place of use of 3.0

acre-feet from the Olsen Reservoir No. 1.5 to the Olsen Reservoir No. 5 at the corrected location described in the Sixth Claim below.

Third Claim: Olsen Reservoir No. 2. Original decree: September 12, 1977. Case No. W-1885, Water Division 5. Legal: NW ¼ SE ¼

NW ¼ of Section 5, Township 3 South, Range 82 West of the 6th

P.M. The Western abutment of the dam is 500 feet South and 600

feet East of the Northeast Corner of the SW ¼ NW ¼ of said Section 5. Source: The drainage from the area lying North and East of

the Reservoir and from Aspen Creek and Castle Creek, tributaries of the Piney River, tributary to the Colorado River. Appropriation

date: June 1, 1930. Amount: 2.511 acre-feet, absolute. Dam height: 18 ft. Dam length: 200 ft. Use: livestock water, recreation, fish

production, domestic, piscatorial, and other beneficial uses. Amount for change: 2.511 acre-feet, for all uses decreed. Proposed



change: Place of use of 2.511 acre-feet from the Olsen Reservoir No. 2 to the Olsen Reservoir No. 5 at the corrected location

described in the Sixth Claim below. Fourth Claim: Olsen Reservoir No. 3. Original decree: September 12, 1977. Case No. W-1886,

Water Division 5. Legal: NE ¼ NW ¼ of Section 5, Township 3 South, Range 82 West of the 6th

P.M. The Western abutment of the

dam is 600 feet North and 400 feet East of the Southwest Corner of the NE ¼ NW ¼ of said Section 5. Source: The drainage from the

area lying North of the Reservoir and from Aspen Creek and Castle Creek, tributaries of the Piney River, tributary to the Colorado

River. Appropriation date: June 1, 1930. Amount: 2.289 acre-feet, absolute. Dam height: 45 ft. Dam length: 320 ft. Use: livestock

water, recreation, fish production, domestic, piscatorial, and other beneficial uses. Amount for change: 2.289 acre-feet, for all uses

decreed. Proposed change: Correct the legal location to: SE ¼ of the NW ¼ of Section 5, Township 3 South, Range 82 West, 6th

P.M.,

which is also described as 2,130 feet from the north section line, and 1,865 feet from the west section line. Fifth Claim: Olsen

Reservoir No. 4. Original decree: September 12, 1977. Case No. W-1887, Water Division 5. Legal: NW ¼ NW ¼ of Section 5,

Township 3 South, Range 82 West of the 6th

P.M. The Western abutment of the dam is at a point which is 900 feet North and 800 feet

West of the Southwest Corner of the NE ¼ NW ¼ of said Section 5. Source: The drainage from the area lying North and East of the

Reservoir and from Aspen Creek and Castle Creek, tributaries of the Piney River, tributary to the Colorado River. Appropriation date:

June 1, 1930. Amount: 5.0 acre-feet, absolute. Dam height: 18 ft. Dam length: 294 ft. Use: livestock water, recreation, fish production,

domestic, piscatorial, and other beneficial uses. Amount for change: 5.0 acre-feet, for all uses decreed. Proposed changes: (1) Correct

the legal location so that it matches the as-built location as follows: NE ¼ of the NW ¼ of Section 5, Township 3 South, Range 82

West, 6th

P.M., which is also described as 1,350 feet from the north section line, and 2,365 feet from the west section line. (2) Change

in place of use for 2.364 acre-feet from Olsen Reservoir No. 4 to Olsen Reservoir No. 5 at the corrected location described in the Sixth

Claim. Sixth Claim: Olsen Reservoir No. 5. Original decree: September 12, 1977. Case No. W-1888, Water Division 5. Legal: NW

¼ NE ¼ of Section 5, Township 3 South, Range 82 West of the 6th

P.M. The western abutment of the dam is at a point which is North

500 feet North and West 600 feet of the Southeast Corner of the NW ¼ NE ¼ of said Section 5. Source: The drainage from the area

lying North and East of the Reservoir and from Box Canyon Creek, a tributary of the Piney River, through the Box Canyon Ditch and

the Switzer Ditch decreed in Case No. 90CW152. Appropriation date: June 1, 1930. Amount: 3.139 acre-feet, absolute. Dam height:

32 ft. Dam length: 680 ft. Use: livestock water, recreation, fish production, domestic, piscatorial, and other beneficial uses. Amount

for change: 3.139 acre-feet, for all uses decreed, plus all amounts changed in claims 1 through 5 above, to be stored in the Olsen

Reservoir No. as summarized:

Water right: Decree: Amount (AF):

Olsen Reservoir No. 5 W-1888 3.139


Olsen Reservoir No. 1.5 W-2907 3.0



Total: 11.322

Proposed change: Correct the legal location so that it matches the as-built location as follows: SW ¼ of the NW ¼ of Section 4,

Township 3 South, Range 82 West, 6th

P.M., which is also described as 1,680 feet from the north section line, and 835 feet from the

west section line. Seventh Claim: Olsen Reservoir No. 3, First Enlargement. Legal: SE ¼ NW ¼ of Section 5, Township 3 South,

Range 82 West of the 6th

P.M., which is also described as 2,130 feet from the north section line, and 1,865 feet from the west section

line. Source: The drainage from the area lying North and East of the Reservoir and from Aspen Creek, Castle Creek, and Spring Creek

a/k/a Spring Draw, tributaries of the Piney River, tributary to the Colorado River. Appropriation date: June 1, 1930. How

appropriation initiated: by initiation of construction of the Olsen Reservoir No. 3 structure and placement of water to beneficial use.

Date of beneficial use: November 7, 2013. Amount: 6.594 acre-feet, absolute. Dam height: 45 ft. Dam length: 320 ft. Surface area:

1.70 acres. Capacity: 8.883 acre-feet. Active storage: 8.823 acre-feet. Dead storage: 0.06 acre-feet. Use: livestock water, recreation,

piscatorial, and fire protection. Applicant owns the land on which all the above structures are located and where water is beneficially

used.






CO 81601.








16CW3177 EAGLE COUNTY – ROARING FORK RIVER. Crawford Properties, LLC c/o Kevin L. Patrick, Esq. and Christopher

R. Stork, Esq., Patrick, Miller & Noto, P.C., 229 Midland Ave., Basalt, CO 81621 (970) 920-1030. APPLICATION FOR CHANGE

OF PLACE OF USE OF WATER RIGHTS. First Claim: Change in Place of Use: Robinson Ditch. Original and subsequent decrees:

Structure Decreed

Amount

Owned by

Applicant

Adjudication

Date

Appropriation

Date

WD38

Priority

Civil

Action

No.

Robinson Ditch 5.0 cfs 0.27 cfs 05/11/1889 06/15/1882 38 132



Robinson Ditch 10.7 cfs 0.587 cfs 12/29/1903 04/25/1889 212C 1061


Only the portions of the above water rights owned by the Applicant are involved in this claim. Applicant owns 99 shares of Class 1

stock issued by the Robinson Ditch Company. These shares equal approximately 5.5% of the total shares and are associated with

2.212 cfs of the 40.26 cfs decreed to the Robinson Ditch. Applicant is changing the place of use of 6.05 shares based on the decreed

duty of water for the Robinson Ditch of 1.0 cfs per 50 acres of irrigated land. Legal: North bank of the Roaring Fork River one-half

mile below the mouth of Sopris Creek in Section 11, T. 8S., R. 87 West, 6th P.M. A diversion record summary for the Robinson Ditch

is on file with the court as Exhibit B. Source: Roaring Fork River. Use: Irrigation. Amount to be changed: 0.1352 c.f.s. Corresponding

diversion rates:

Structure WD 38 Priority Decreed Amount Amount Changed

Robinson Ditch 38 5.0 cfs 0.0165 cfs



Robinson Ditch 212C 10.7 cfs 0.0359 cfs


Proposed change: Under an agreement between the Basalt Water Conservancy District (“District”) and the Applicant’s predecessor,

and the decree entered in Case No. 93CW319, certain shares in the Robinson Ditch Company were assigned to the District and certain

lands were to be removed from irrigation under those shares. The shares involved in this case have historically been used to irrigate

two areas depicted as Area 1 and Area 2 on the map on file with the court as Exhibit C. Legal description of acreage historically

irrigated and removed from irrigation and legal description of acreage to be irrigated: The legal description for 2.16 acres of land

historically irrigated and which will no longer be irrigated by the Robinson Ditch as depicted as Area 1 on Exhibit C is on file with the

court as Exhibit D-1. Applicant will re-irrigate lawns within the 46 unit affordable housing area with a raw water irrigation system

cumulatively irrigating 2.16 acres within the parcel depicted in Exhibit C as Area A (changed to parcel). A legal description of the

parcel within which that acreage will be re-irrigated is on file with the court as Exhibit E-1. The legal description for 4.60 acres of land

historically irrigated and which may no longer be irrigated depicted as Area 2 on Exhibit C is on file with the court as Exhibit D-2.

Applicant may re-irrigate lawns within the parcel of land depicted as Area B on Exhibit C with a raw water irrigation system

cumulatively irrigating 4.60 acres (changed to parcel). A legal description of the parcel within which the acreage will be re-irrigated is

on file with the court as Exhibit E-2. The land depicted as Area 2 on Exhibit C may continue to be irrigated until such time that

Applicant delivers notice to the Division Engineer that it intends to remove all or any portion of the land from irrigation. The notice

shall delineate the acreage removed with a map, depicting the area to be removed from irrigation and the area to be re-irrigated, on or

before April 1 in the year in which the land will be removed from irrigation. Applicant is not seeking a change in the point of

diversion or type of use. Applicant’s engineers have completed a groundwater return flow analysis (Glover Analysis) for the two

parcels. See application. Names and addresses of landowners: Applicant.






CO 81601.






16CW3178 GARFIELD COUNTY Application for Conditional Water Storage Rights of Puckett Land Company on Parachute

Creek and its Tributaries, Tributary to the Colorado River in Garfield County. Applicant: Puckett Land Company (“Puckett”), Attn:

Eric R. Stearns, President & CEO, 5460 South Quebec Street, # 250, Greenwood Village, CO 80111-1917; 303-763-1000,



[email protected]. Please address all correspondence to: Peter D. Nichols, Katherine A.D. Ryan, Megan Gutwein, Berg

Hill Greenleaf Ruscitti LLP, 1712 Pearl Street, Boulder, Colorado 80302, (303)402-1600. FIRST CLAIM: WATER STORAGE

RIGHT. 2. Name of Reservoir: West Haystack Reservoir. 3. Legal description of location of dam centerline: N 88°25’52” W, 1727

feet. Location of mid-point of centerline is SW 1/4 NE 1/4, Section 26, Township 6 South, Range 97 West, 6th P.M., Garfield

County, Colorado, approximately 2,498 feet from the north line and 2,233 feet from the east line. See Exhibit 1. 4. Sources: East

Fork Baker Gulch, tributary to Conn Creek, tributary to Roan Creek, tributary to the Colorado River; Parachute Creek,

tributary to the Colorado River; the Colorado River. 5. Names of water rights used to fill reservoir and capacity in cubic feet of

water per second (cfs): A. Rulison & Miller Ditch, 0.51 cfs as changed in Case No. 07CW239. B. Diamond Ditch, 3.2 cfs as

changed in Case No. 07CW239. C. Low Cost Ditch, the Low Cost Ditch First Enlargement, and the Low Cost Ditch Yeoman

Enlargement, 0.5 cfs, 0.5 cfs, and 1.1 cfs respectively as changed in Case No. 07CW239. D. Dow Pumping Plant and Pipeline, 20 cfs

of Applicant’s 43 cfs, as changed in Case No. 07CW239. E. Eaton Pipeline No. 1, 10 cfs, as decreed on July 9, 1965 in Civil Action

No. 4954, District Court, Garfield County. F. Sinclair Oil and Gas Company Pumping Plant and Pipeline, 33 cfs, as decreed on

November 10, 1966 in Case No. CA 4914, District Court, Garfield County. 6. Legal description of each point of diversion (all shown

on Exhibit 4): A. Low Cost Ditch, the Low Cost Ditch First Enlargement, and the Low Cost Ditch Yeoman Enlargement. i. The

decreed point of diversion is in Garfield County on the east bank of Parachute Creek, about eight miles above the mouth. In Case No.

07CW239, the applicant’s engineers estimated that the headgate and diversion point is located in Lot 13 of Section 17, Township 6

South, Range 96 West, 6th P.M. located at a point whence the South Quarter Corner of said Section 17 bears S. 18° 11’ 00” West a

distance of 798.61 feet, approximately 760 feet from the South Section Line and 2,320 feet from the East Section Line. This estimate,

however, should not be considered as changing or supplementing the decreed legal description of the Low Cost Ditch, Low Cost Ditch

First Enlargement, and/or the Low Cost Ditch Yeoman Enlargement. ii. As described in Case No. 99CW300: Former decreed point

of diversion: about eight miles above the mouth of Parachute Creek and also described as being located at a point from which the

N1/4 corner of Section 20, Township 6 South, Range 96 West of the 6th P.M. bears S. 18°00’W. 800 feet. iii. As decreed in Case No.

W-2910, correct surveyed headgate location and point of diversion: the headgate and diversion point is situated in Lot13 of Section

17, Township 6 South, Range 96 West of the 6th P.M. located at a point whence the W 1/4 corner of said Section 17 bears S.

18°11’00” W. a distance of 789.61 feet. B. Dow Pumping Plant and Pipeline. i. At a point on the northerly bank of the Colorado

River, whence the East quarter corner of Section 6, Township 7 South, Range 95 West, 6th P.M. bears North 13 degrees 17 minutes

East, 753 feet. ii. Alternate point of diversion: (Case No. W-2786, January 27, 1977). Located on the Northerly bank of the

Colorado River at a point whence the East Quarter Corner of Section 6, Township 7 South, Range 95 West of the 6th P.M. bears North

35° 00’ East, 1880 feet. C. Eaton Pipeline No. 1. i. Located in the SW 1/4 SW 1/4 of Sec. 13, Township 7 South, Range 96 West,

6th P.M., at a point from whence the Southwest corner of said section bears South 82 degrees 27 minutes 52 seconds West 1033.31

feet, as changed in Case No. 95CW100, District Court, Water Div. No. 5. D. Sinclair Oil and Gas Company Pumping Plant and

Pipeline. i. Located on the northerly bank of the Colorado River at a point whence the West quarter corner of Section 23, Township 7

South, Range 96 West of the 6th P.M., bears S 62°50’ W, a distance of 4,605 feet. 7. Appropriation. A. Date of Appropriation:

December 28, 2016. B. How appropriation was initiated: Field inspection, formulation of intent to apply water to beneficial use,

adoption of corporate resolution dated December 28, 2016 regarding an intent to store water from the Colorado River, and Parachute

Creek and other Colorado River tributaries for energy development, ranching and other beneficial uses. C. Date water applied to

beneficial use: Not applicable. 8. Amount claimed: 1,153 acre-feet. 9. Uses: All uses allowed under the sources’ original decrees

and under Case Nos. 07CW239, 07CW244, and 07CW245, including industrial and commercial, energy exploration and development,

mining, storage, evaporation, refining, power, domestic, irrigation, and augmentation. A. Irrigation: Up to 700 acres to be irrigated.

B. Non-irrigation: See Exhibit 3 for places of non-irrigation use. 10. Surface area of high water line: 42.19 acres. A. Maximum

height of dam: 90 feet. B. Length of dam: 1,727 feet. C. This reservoir may be built in phases, with intermediate capacities as

follows: i. West Haystack Reservoir – Alt Pt No. 1. 1. Surface area: 11.37 acres. 2. Height of dam: 50 feet. 3. Length of dam:

460 feet. 4. Capacity: 165 acre-feet. ii. West Haystack Reservoir – Alt Pt No. 2. 1. Surface area: 0.832 acres. 2. Height of dam:

10 feet. 3. Length of dam: 230 feet. 4. Capacity: 8.0 acre-feet. 11. Total capacity of reservoir: 1,153 acre-feet. Active capacity:

1,153 acre-feet. Dead storage: 0 acre-feet. 12. The land owner upon which this structure is located is Applicant. 13. The subject

water right is an integral part of an integrated water supply, as previously found in Case Nos. 95CW298, 02CW16, 02CW161,

02CW162, 07CW239, 07CW244, 07CW245, 07CW246, 09CW16, 10CW39, and 10CW40. This system includes, among other

things, water rights decreed in Case Nos. 07CW239, 07CW244, and 07CW245, the Thompson Creek Pipeline, the Thompson Creek

Reservoir, Sinclair Oil and Gas Company Pumping Plant and Pipeline, the Oil Shale Corporation Pipeline and Pumping Plant, the

DOW Pumping Plant and Pipeline, and the Eaton Pipeline No. 1. SECOND CLAIM: WATER STORAGE RIGHT. 14. Name of

Reservoir: East Haystack Reservoir. 15. Legal description of location of dam centerline: N 26°36’45” W, 1070 feet. Location of

mid-point of centerline is NW1/4 SE 1/4, Section 25, Township 6 South, Range 97 West, 6th P.M., Garfield County, Colorado,

approximately 2,909 feet from the north line and 2,195 feet from the east line. See Exhibit 2. 16. Source: Starkey Gulch, tributary to

Parachute Creek, tributary to Colorado River. 17. Names of water rights used to fill reservoir and capacity in cubic feet of water per

second (cfs): A. Rulison & Miller Ditch, 0.51 cfs as changed in Case No. 07CW239. B. Diamond Ditch, 3.2 cfs as changed in Case

No. 07CW239. C. Low Cost Ditch, the Low Cost Ditch First Enlargement, and the Low Cost Ditch Yeoman Enlargement, 0.5 cfs,

0.5 cfs, and 1.1 cfs respectively as changed in Case No. 07CW239. D. Dow Pumping Plant and Pipeline, 20 cfs of Applicant’s 43 cfs,

as changed in Case No. 07CW239. E. Eaton Pipeline No. 1, 10 cfs, as decreed on July 9, 1965 in Civil Action No. 4954, District



Court, Garfield County. F. Sinclair Oil and Gas Company Pumping Plant and Pipeline, 33 cfs, as decreed on November 10, 1966 in

Case No. CA 4914, District Court, Garfield County. 18. Legal description of each point of diversion (all shown on Exhibit 4): A.

Low Cost Ditch, the Low Cost Ditch First Enlargement, and the Low Cost Ditch Yeoman Enlargement. i. The decreed point of

diversion is in Garfield County on the east bank of Parachute Creek, about eight miles above the mouth. In Case No. 07CW239, the

applicant’s engineers estimated that the headgate and diversion point is located in Lot 13 of Section 17, Township 6 South, Range 96

West, 6th P.M. located at a point whence the South Quarter Corner of said Section 17 bears S. 18° 11’ 00” West a distance of 798.61

feet, approximately 760 feet from the South Section Line and 2,320 feet from the East Section Line. This estimate, however, should

not be considered as changing or supplementing the decreed legal description of the Low Cost Ditch, Low Cost Ditch First

Enlargement, and/or the Low Cost Ditch Yeoman Enlargement. ii. As described in Case No. 99CW300: Former decreed point of

diversion: about eight miles above the mouth of Parachute Creek and also described as being located at a point from which the N1/4

corner of Section 20, Township 6 South, Range 96 West of the 6th P.M. bears S. 18°00’W. 800 feet. iii. As decreed in Case No. W-

2910, correct surveyed headgate location and point of diversion: the headgate and diversion point is situated in Lot 13 of Section 17,

Township 6 South, Range 96 West of the 6th P.M. located at a point whence the W 1/4 corner of said Section 17 bears S. 18°11’00”

W. a distance of 789.61 feet. B. Dow Pumping Plant and Pipeline. i. At a point on the northerly bank of the Colorado River, whence

the East quarter corner of Section 6, Township 7 South, Range 95 West, 6th P.M. bears North 13 degrees 17 minutes East, 753 feet.

ii. Alternate point of diversion: (Case No. W-2786, January 27, 1977). Located on the Northerly bank of the Colorado River at a

point whence the East Quarter Corner of Section 6, Township 7 South, Range 95 West of the 6th P.M. bears North 35° 00’ East, 1880

feet. C. Eaton Pipeline No. 1. i. Located in the SW 1/4 SW 1/4 of Sec. 13, Township 7 South, Range 96 West, 6th P.M., at a point

from whence the Southwest corner of said section bears South 82 degrees 27 minutes 52 seconds West 1033.31 feet, as changed in

Case No. 95CW100, District Court, Water Div. No. 5. D. Sinclair Oil and Gas Company Pumping Plant and Pipeline. i. Located on

the northerly bank of the Colorado River at a point whence the West quarter corner of Section 23, Township 7 South, Range 96 West

of the 6th P.M., bears S 62°50’ W, a distance of 4,605 feet. 19. Appropriation. A. Date of Appropriation: December 28, 2016. B.

How appropriation was initiated: Field inspection, formulation of intent to apply water to beneficial use, adoption of corporate

resolution dated December 28, 2016 regarding an intent to store water from Parachute Creek and other Colorado River tributaries for

energy development, ranching and other beneficial uses. C. Date water applied to beneficial use: Not applicable. 20. Amount

claimed: 1,046 acre-feet. 21. Uses: All uses allowed under the sources’ original decrees and under Case Nos. 07CW239, 07CW244,

and 07CW245, including industrial and commercial, energy exploration and development, mining, storage, evaporation, refining,

power, domestic, irrigation, and augmentation. A. Irrigation: Up to 700 acres to be irrigated. B. Non-irrigation: See Exhibit 3 for

places of non-irrigation use. 22. Surface area of high water line: 38.3acres. A. Maximum height of dam: 70 feet. B. Length of

dam: 1,070 feet. C. This reservoir may be built in phases, with intermediate capacities as follows: i. East Haystack Reservoir – Alt

Pt No. 1. 1. Surface area: 26.57 acres. 2. Height of dam: 50 feet. 3. Length of dam: 889 feet. 4. Capacity: 575 acre-feet. ii.

East Haystack Reservoir – Alt Pt No. 2. 1. Surface area: 3.39 acres. 2. Height of dam: 10 feet. 3. Length of dam: 330 feet. 4.

Capacity: 20.65 acre-feet. 23. Total capacity of reservoir: 1,046 acre-feet. Active capacity: 1,046 acre-feet. Dead storage: 0 acre-

feet. 24. The land owner upon which this structure is located is Applicant. 25. The subject water right is an integral part of an

integrated water supply, as previously found in Case Nos. 95CW298, 02CW16, 02CW161, 02CW162, 07CW239, 07CW244,

07CW245, 07CW246, 09CW16, 10CW39, and 10CW40. This system includes, among other things, water rights decreed in Case

Nos. 07CW239, 07CW244, and 07CW245, the Thompson Creek Pipeline, the Thompson Creek Reservoir, Sinclair Oil and Gas

Company Pumping Plant and Pipeline, the Oil Shale Corporation Pipeline and Pumping Plant, the DOW Pumping Plant and Pipeline,

and the Eaton Pipeline No. 1. (14 pages, including exhibits)






CO 81601.






16CW3179 EAGLE, PITKIN AND GARFIELD COUNTIES, Application for Surface Water Right, Plan for Augmentation, and

Appropriative Rights of Exchange. Source: Spring Creek, tributary to the Eagle River, tributary to the Colorado

River.Applicant: Patrick J. Martin, P.O. Box 2535, Edwards, Colorado 81632. C/O Sara M. Dunn, Erika S. Gibson, Balcomb &

Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602, Telephone: 970-945-6546. FIRST CLAIM FOR SURFACE

WATER RIGHT. Structure: Martin Ditch. Legal Description: SE1/4, NE1/4 of Sec. 36, T. 4 S., R. 83 W. of the 6th P.M., 584 ft.

W. of the E. Sec. Line and 2,765 ft. north of the S. Sec. Line. Amount Claimed: 0.5 c.f.s., absolute. Use: Fire protection and to fill and

refill the Martin Pond System for decreed uses. Appropriation Date: 7/5/06. How Appropriation Was Initiated: Applicant constructed



the Martin Ditch and Martin Pond System and obtained a contract for replacement supplies from the Colorado River Water

Conservation District acting by and through its Colorado River Water Project Enterprise (“River District”) and by constructing the

Martin Ditch and Martin Pond System. Date Applied to Beneficial Use: 7/5/06. Name and address of owner of 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: Applicant. SECOND CLAIM FOR

STORAGE WATER RIGHT. Structure: Martin Pond System. Legal Description: SE1/4, NE1/4 of Sec. 36, T. 4 S., R. 83 W. of

the 6th P.M., 604 ft. W. of the E. Sec. Line and 2,680 ft. N. of the S. Sec. Line. Source: Martin Ditch. Amount Claimed: Cumulative

Surface Area: 0.14 acres. Cumulative Active Capacity: 0.21 a.f. Cumulative Dead Storage: n/a Use: fire protection, recreation and

piscatorial purposes. Appropriation Date: 7/5/06. How Appropriation Was Initiated: Applicant constructed the Martin Ditch and

Martin Pond System and obtained a contract for replacement supplies from the Colorado River Water Conservation District acting by

and through its Colorado River Water Project Enterprise (“River District”) and by constructing the Martin Ditch and Martin Pond

System. Date Applied to Beneficial Use: 7/5/06. Name and address of owner of 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: Applicant. THIRD CLAIM FOR APPROVAL OF PLAN FOR

AUGMENTATION. Structures to Be Augmented: Martin Ditch and Martin Pond System, as described above. Water Rights to Be

Used for Augmentation: Water available pursuant to River District Contract No. 5012 for annual augmentation water releases from the

sources described below. The contract amount is for 0.9 a.f. of Colorado River Supply. The contract amounts include an amount

equivalent to a ten percent (10%) transit loss associated with delivery of the augmentation releases. Wolford Mountain Reservoir. The

River District owns and operates Wolford Mountain Reservoir (f/k/a Gunsight Pass Reservoir) which has the following water rights.

Case No. 87CW283: Decree Date: November 20, 1989. Name of Structure: Gunsight Pass Reservoir. Legal description of place of

storage: SW1/4 of the NE1/4 of Sec. 25, T. 2 N., R. 81 W., 6th P.M. The intersection of the dam axis with the right abutment will

occur at a point which bears S. 54°54'20" E. a distance of 3,716.46 ft. from the NW corner of said Sec. 25. Source: Muddy Creek and

its tributaries, all tributary to the Colorado River. Amount: 59,993 a.f. conditional; of this amount, 32,986 a.f. were made absolute for

piscatorial and recreational uses by decree entered in Water Court Case No. 95CW251, and the full amount was made absolute for all

purposes by decree entered in Water Court Case No. 02CW107. Appropriation Date: 12/14/1987. Use: All beneficial uses, including

but not limited to domestic, municipal, agricultural and recreational uses, which uses satisfy 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 uses, including uses in the Middle Park area; and use to meet the terms of a

lease agreement executed 3/3/1987 between the River District and the City and County of Denver. Case No. 95CW281: Decree Date:

8/26/1997. Name of Structure: Wolford Mountain Reservoir Enlargement. Legal description of place of storage: The dam is located

in the SW1/4 of the NE1/4 of Sec. 25, T. 2 N., R. 81 W., 6th P.M. The as-built intersection of the dam axis (Sta. D19+35.61) with the

West Access Road (Sta. WR50+55.05), as shown on the Colorado River Water Conservation District, Wolford Mountain Project,

Ritschard Dam construction drawing "Dimensional Dam Layout" sheet 8 of 94, occurs at a point which bears S. 53°24'56" E. a

distance of 3,395.51 ft. from the NW Corner of said Sec. 25; the bearing of said dam axis from Sta. 19+35.61 to Sta. 0+00 being S.

75° 28' 29" E. Source: Muddy Creek and its tributaries, all tributary to the Colorado River. Amount: 6,000 a.f., conditional.

Appropriation Date: 1/16/1995. Use: All beneficial uses by and for the benefit of the inhabitants of the Colorado River Water

Conservation District, including but not limited to domestic, municipal, industrial, irrigation, agricultural, piscatorial and recreational;

such uses will include environmental mitigation, including environmental mitigation requirements associated with the Wolford

Mountain Project; such uses will be made directly or by substitution, augmentation, or exchange. None of the water stored in the

exercise of the right will be delivered directly or by exchange, substitution, or otherwise for use outside of Colorado Water Division

No. 5. Case No. 98CW237: Decree Date: 7/6/2000. Name of Structure: Wolford Mountain Reservoir. Legal Description of place of

storage: Same as for 95CW281. Source: Muddy Creek and its tributaries, all tributary to the Colorado River. Amount: 30,000 a.f.

conditional, with 15,895 a.f. being absolute for recreational and piscatorial and flood control. Appropriation Date: 11/17/1998. Use:

Certain of the beneficial uses previously adjudicated for Wolford Mountain Reservoir in Case No. 87CW283, District Court for

Colorado Water Division No. 5 (11/20/1989 Judgment and Decree), and Case No. 95CW281, District Court for Colorado Water

Division No. 5 (8/26/19977 Judgment and Decree). 87CW283: The reservoir will be used to satisfy the requirements of the Windy

Gap Settlement made with the Municipal Subdistrict of the Northern Colorado Water Conservancy District. This will involve all uses,

including but not limited to domestic, municipal, agricultural, and recreational uses. The reservoir will also be used to meet the water

requirements of the inhabitants of the River District for all uses, including uses in the Middle Park area. 95CW281: All beneficial

uses by and for the benefit of the inhabitants of the Colorado River Water Conservation District, including but not limited to domestic,

municipal, industrial, irrigation, agricultural, piscatorial and recreational; such uses will include environmental mitigation, including

environmental mitigation requirements associated with the Wolford Mountain Reservoir Project; such uses will be made directly or by

substitution, augmentation, or exchange. Remarks: The Refill Right described herein will be exercised to provide supply for the

Western Slope uses of water from Wolford Mountain Reservoir described above, including flood control, other operational purposes,

and environmental mitigation and enhancement for the benefit of uses within the District. The Refill Right will not be used in

conjunction with the Reservoir capacity (24,000 a.f.) which is allocated for the supply of water to the Denver Board of Water

Commissioners under Applicant's contractual relationship with Denver, or the Reservoir capacity (6,000 AF) which is allocated for

Colorado River endangered fish releases. PLSS: The dam is located in the SW1/4 of the NE1/4 of Sec. 25, T. 2 N., R. 81 W., 6th



P.M. The as-built intersection of the dam axis (Sta. D19+35.61) with the W. Access Road (Sta. WR50+55.05), as shown on the

Colorado River Water Conservation District, Wolford Mountain Project, Ritschard Dam construction drawing "Dimensional Dam

Layout" sheet 8 of 94, occurs at a point 1,940 ft. S. of N. sec. line and 2,760 ft. E. of the W. sec. line of said Sec. 25. Ruedi Reservoir.

The River District holds Contracts No. 009D6C0111 (500 AF), 009D6C0118 (700 AF), 039F6C0011 (530 AF), 079D6C0106 (5,000

AF), and 139D6C0101 (4,683.5 AF) from the United States Bureau of Reclamation for 11,413.5 a.f. of annual supply from Ruedi

Reservoir. This water will be used in addition to and substitution for Wolford Mountain Reservoir water in appropriate circumstances

where Ruedi water is physically equivalent to Wolford water. Legal description of place of storage: Ruedi Reservoir is located in Secs.

7, 8, 9, 11 and 14 through 18, T. 8 S., R. 84 W., 6th P.M., in Eagle and Pitkin Counties. The dam axis intersects the right abutment at

a point whence the SW corner of Sec. 7, T. 8 S., R. 84 W. of the 6th P.M. bears N. 82°10'W. a distance of 1,285 ft. Source:

Fryingpan River. Previous storage decrees: CA No. 4613: Decree Date: 6/20/1958. Court: Garfield County District Court. Amount:

140,697.3 a.f., reduced to 102,369 a.f. pursuant to order of the Water Court in Case No. W-789-76. The full amount was made

absolute in Case No. 88CW85. Appropriation Date: 7/29/1957. Use: Domestic, municipal, irrigation, industrial, generation of

electrical energy, stock watering and piscatorial. Case No. 81CW34: Decree Date: 4/8/1985. Court: District Court, Water Div. No. 5.

Amount: 101,280 a.f. (refill); of this amount, 44,509 a.f. were made absolute in Case No. 95CW95 and 25,257 a.f. were made absolute

in Case No. 01CW269, for a total of 69,766 a.f. absolute. Appropriation Date: 1/22/1981. Use: 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. PLSS: Ruedi Reservoir is located in Secs. 7,

8, 9, 11 and 14 through 18, T. 8 S., R. 84 W., 6th P.M., in Eagle and Pitkin Counties. The dam axis intersects the right abutment at a

point 130 ft. S. of the N. sec. line and 1,280 ft. E. of the W. sec. line of Sec. 7, T. 8 S., R. 84 W. of the 6th P.M. Complete Statement

of Plan for Augmentation: This plan for augmentation accounts for the evaporative losses from the Martin Ditch and Martin Pond

System. With the exception of these evaporative losses, water diverted in-priority from Spring Creek into the Martin Ditch and Martin

Pond System will return to Spring Creek. Water will be diverted from Spring Creek and allowed to flow through the Martin Ditch

into the Martin Pond System and then returned to Spring Creek. The recreation and piscatorial uses of these water rights are non-

consumptive. Annual evaporative depletions from the Martin Ditch and Martin Pond System will total 0.21 a.f. This calculation is

based upon estimated annual depletions of 3.25 a.f. and a total surface area for both the diversion and pond of 0.14 acre. Under this

plan for augmentation, Applicant will divert water from Spring Creek to fill the Martin Pond system when the Martin Ditch is in

priority. When there is a call made on the main stem of the Colorado River, Applicant will augment out-of-priority evaporative

depletions by exchange using Applicant’s River District Contract described above. All evaporative losses associated with the Martin

Ditch and Martin Pond System will be replaced with water from Wolford Mountain Reservoir or Ruedi Reservoir under the

Applicant’s River District contract. The schedule of releases anticipates the replacement of all evaporative losses and includes an

additional ten percent to account for transit losses. Senior water rights on Spring Creek or the Eagle River may also place a call at

which point Applicant will cease diversions from the Martin Ditch. When the Martin Ditch is not in priority, evaporation from the

Martin Pond System will cause the water level in the Pond to drop. If the augmentation plan is operated as described above, there will

be no injury to other vested water rights. FOURTH CLAIM FOR APPROPRIATIVE RIGHTS OF EXCHANGE. Summary: The

appropriative rights of exchange operate as part of the plan for augmentation, applied for herein, when Wolford Mountain Reservoir or

Ruedi Reservoir are used to replace out-of-priority depletions from diversions by the augmented structures described above. Claimed

Water Rights: Martin Ditch Wolford Mountain Reservoir Exchange: The exchange using Wolford Mountain Reservoir releases

will be exercised to address calls occurring below the confluence of the Colorado and Eagle Rivers. Description including exchange

termini: The exchange reach is from the confluence of the Colorado and Eagle Rivers generally located in the SW1/4 SE1/4 of Sec. 7,

T. 8 S., R. 86 W. of the 6th

P.M. at a point approximately 750 ft. from the S. sec. line and 1,500 ft. from the E. sec. line of said Sec. 7,

up the Eagle River to the diversion point for the Martin Ditch, as described above. Amount: the maximum rate of exchange is 0.04

c.f.s and the water from Wolford Mountain Reservoir to the Martin Ditch shall be used as described above, and to augment said uses.

Appropriation Date: 7/5/06. How Appropriation Was Initiated: Applicant constructed the Martin Ditch and Martin Pond System and

obtained a contract for replacement supplies from the Colorado River Water Conservation District acting by and through its Colorado

River Water Project Enterprise (“River District”) and by constructing the Martin Ditch and Martin Pond System. Date Applied to

Beneficial Use: 7/24/06. Martin Ditch Ruedi Reservoir Exchange: The exchange using Ruedi Reservoir releases will be exercised

to address calls occurring below the confluence of the Colorado and Roaring Fork Rivers. Description including exchange termini:

The exchange reach is from the confluence of the Colorado and Roaring Fork Rivers in the SE1/4 of the NW1/4 of Sec. 9, T. 6 S., R.

89 W. of the 6th P.M., at a point approximately 2,200 ft. from the N. sec. line and 2,350 ft. from the W. sec. line up the Colorado

River, the Eagle River, and Spring Creek to the diversion point for the Martin Ditch, provided however, that Ruedi Reservoir releases

may be used only to address calls occurring below the confluence of the Colorado River and Roaring Fork River. Amount: the

maximum rate of exchange is 0.04 c.f.s., and the water exchanged from Ruedi Reservoir to the Martin Ditch shall be used as described

above, and to augment said uses. Appropriation Date: 7/5/06. How Appropriation Was Initiated: Applicant constructed the Martin

Ditch and Martin Pond System and obtained a contract for replacement supplies from the Colorado River Water Conservation District

acting by and through its Colorado River Water Project Enterprise (“River District”) and by constructing the Martin Ditch and Martin

Pond System. Date Applied to Beneficial Use: 8/17/07. Remarks: The exchanges claimed herein will be operated in conjunction with

Applicant’s plan for augmentation described above. (10 pgs, 3 Exh., 1 Table).








CO 81601.





rights must appear to object and protest within the time provided by statute, or be forever barred. 16CW3180 EAGLE, PITKIN AND GARFIELD COUNTIES. Application for Surface Water Rights, Plan for Augmentation, and

Conditional Rights of Exchange. Source: Spring Creek, tributary to the Eagle River, tributary to the Colorado River. Timber

Springs Metropolitan District, 28 Second Street, Suite 213, Edwards, CO 81632. c/o Sara M. Dunn, Esq., Balcomb & Green, P.C.,

P.O. Box 790, Glenwood Springs, CO 81602. 970-945-6546. FIRST CLAIM FOR SURFACE WATER RIGHT. Structure:

Timber Springs Entrance Diversion. Legal Description of Point of Diversion: NE1/4 SE1/4 of Sec. 36, T. 4 S., R. 83 W. of the 6th

P.M., 722 ft. W. of the E. Sec. line and 1,979 ft. N. of the S. Sec. line. Amount: 0.06 c.f.s., absolute. Use: Irr. of 0.62 acre of

landscaping and natural grasses. Location of Irrigated Acres: SE1/4 SE1/4 and NE1/4 SE1/4 of Sec. 36, T. 4 S., R. 83 W. of the 6th

P.M., and NW1/4 SW1/4 and SW1/4 SW1/4 of Sec. 31, T. 4 S., R. 82 W. of the 6th P.M. Date of Approp.: 12/28/15. How

appropriation was initiated: The Applicant’s Board met and approved a raw water irrigation supply for the entryway area. Applicant

engaged the services of Wright Water Engineers and Balcomb & Green to secure a Colorado River Water Conservation District

contract, to negotiate the necessary easements and to obtain a water court approval for the raw water irrigation supply and plan for

augmentation. Date applied to beneficial use: 6/9/16. Name and address of owner of 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: Patrick and Donna Martin, 100 Timber Springs Drive, Edwards,

Colorado 81632. SECOND CLAIM APPROVAL OF PLAN FOR AUGMENTATION. Structures to Be Augmented: Timber

Springs Entrance Diversion. Water Rights to Be Used for Augmentation: Applicant will apply for a water supply contract with the

Colorado River Water Project Enterprise of the Colorado River Water Conservation District (“River District”). Applicant has

requested an amount of water sufficient to augment all out-of-priority depletions associated with diversion from Spring Creek. The

contract amount will include an assumed ten percent transit loss associated with the augmentation releases. Applicant projects that the

total out-of-priority depletions, including transit losses, to be augmented by the plan for augmentation will total 1.0 a.f., comprised of

0.7 a.f. of Colorado River supplies, and 0.3 a.f. of Eagle River supplies. Colorado River Supply Sources: Wolford Mountain

Reservoir. The River District owns and operates Wolford Mountain Reservoir (f/k/a Gunsight Pass Reservoir) which has the

following water rights. Case No. 87CW283: Decree Date: 11/20/89. Name of Structure: Gunsight Pass Reservoir. Legal description

of place of storage: SW1/4 of the NE1/4 of Sec. 25, T. 2 N., R. 81 W., 6th P.M. The intersection of the dam axis with the right

abutment will occur at a point which bears S. 54°54'20" E. a distance of 3,716.46 ft. from the NW corner of said Sec. 25. Source:

Muddy Creek and its tributaries, all tributary to the Colorado River. Amount: 59,993 a.f. conditional; of this amount, 32,986 a.f. were

made absolute for piscatorial and recreational uses by decree entered in Water Court Case No. 95CW251, and the full amount was

made absolute for all purposes by decree entered in Water Court Case No. 02CW107. Appropriation Date: 12/14/1987. Use: All

beneficial uses, including but not limited to domestic, municipal, agricultural and recreational uses, which uses satisfy 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 uses, including uses in the Middle Park area;

and use to meet the terms of a lease agreement executed March 3, 1987 between the River District and the City and County of Denver.

Case No. 95CW281: Decree Date: 8/26/1997. Name of Structure: Wolford Mountain Reservoir Enlargement. Legal description of

place of storage: The dam is located in the SW1/4 of the NE1/4 of Sec. 25, T. 2 N., R. 81 W., 6th P.M. The as-built intersection of

the dam axis (Sta. D19+35.61) with the West Access Road (Sta. WR50+55.05), as shown on the Colorado River Water Conservation

District, Wolford Mountain Project, Ritschard Dam construction drawing "Dimensional Dam Layout" sheet 8 of 94, occurs at a

point which bears S. 53°24'56" E. a distance of 3,395.51 feet from the NW 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. Source: Muddy Creek and its tributaries, all tributary to the Colorado River.

Amount: 6,000 a.f., conditional. Approp. Date: 1/16/1995. Use: All beneficial uses by and for the benefit of the inhabitants of the

Colorado River Water Conservation District, including but not limited to domestic, municipal, industrial, irrigation, agricultural,

piscatorial and recreational; such uses will include environmental mitigation, including environmental mitigation requirements

associated with the Wolford Mountain Project; such uses will be made directly or by substitution, augmentation, or exchange. None

of the water stored in the exercise of the right will be delivered directly or by exchange, substitution, or otherwise for use outside of

Colorado Water Division No. 5. Case No. 98CW237: Decree Date: 7/6/2000. Name of Structure: Wolford Mountain Reservoir. Legal

Description of place of storage: Same as for 95CW281. Source: Muddy Creek and its tributaries, all tributary to the Colorado River.

Amount: 30,000 a.f. conditional, with 15,895 a.f. being absolute for recreational and piscatorial and flood control. Appropriation



Date: 11/17/1998. Use: Certain of the beneficial uses previously adjudicated for Wolford Mountain Reservoir in Case No. 87CW283,

District Court for Colorado Water Division No. 5 (11/20/1989 Judgment and Decree), and Case No. 95CW281, District Court for

Colorado Water Division No. 5 (8/26/1997 Judgment and Decree). 87CW283: The reservoir will be used to satisfy the requirements of

the Windy Gap Settlement made with the Municipal Subdistrict of the Northern Colorado Water Conservancy District. This will

involve all uses, including but not limited to domestic, municipal, agricultural, and recreational uses. The reservoir will also be used

to meet the water requirements of the inhabitants of the River District for all uses, including uses in the Middle Park area. 95CW281:

All beneficial uses by and for the benefit of the inhabitants of the Colorado River Water Conservation District, including but not

limited to domestic, municipal, industrial, irrigation, agricultural, piscatorial and recreational; such uses will include environmental

mitigation, including environmental mitigation requirements associated with the Wolford Mountain Reservoir Project; such uses will

be made directly or by substitution, augmentation, or exchange. Remarks: The Refill Right described herein will be exercised to

provide supply for the Western Slope uses of water from Wolford Mountain Reservoir described above, including flood control, other

operational purposes, and environmental mitigation and enhancement for the benefit of uses within the District. The Refill Right will

not be used in conjunction with the Reservoir capacity (24,000 a.f.) which is allocated for the supply of water to the Denver Board of

Water Commissioners under Applicant's contractual relationship with Denver, or the Reservoir capacity (6,000 AF) which is allocated

for Colorado River endangered fish releases. PLSS: The dam is located in the SW1/4 of the NE1/4 of Sec. 25, T. 2 N., R. 81 W., 6th

P.M. The as-built intersection of the dam axis (Sta. D19+35.61) with the West Access Road (Sta. WR50+55.05), as shown on the

Colorado River Water Conservation District, Wolford Mountain Project, Ritschard Dam construction drawing "Dimensional Dam

Layout" sheet 8 of 94, occurs at a point 1,940 feet S. of N. sec. line and 2,760 ft. E. of the W. sec. line of said Sec. 25. Ruedi

Reservoir. The River District holds Contracts No. 009D6C0111 (500 AF), 009D6C0118 (700 AF), 039F6C0011 (530 AF),

079D6C0106 (5,000 AF), and 139D6C0101 (4,683.5 AF) from the United States Bureau of Reclamation for 11,413.5 a.f. of annual

supply from Ruedi Reservoir. This water will be used in addition to and substitution for Wolford Mountain Reservoir water in

appropriate circumstances where Ruedi water is physically equivalent to Wolford water. Legal description of place of storage: Ruedi

Reservoir is located in Sections 7, 8, 9, 11 and 14 through 18, T. 8 S., R. 84 W., 6th P.M., in Eagle and Pitkin Counties. The dam axis

intersects the right abutment at a point whence the SW corner of Sec. 7, T. 8 S., R. 84 W. of the 6th P.M. bears N. 82°10'W. a distance

of 1,285 ft. Source: Fryingpan River. Previous storage decrees: Civil Action No. 4613: Decree Date: 6/20/1958. Court: Garfield

County District Court. Amount: 140,697.3 a.f., reduced to 102,369 a.f. pursuant to order of the Water Court in Case No. W-789-76.

The full amount was made absolute in Case No. 88CW85. Appropriation Date: 7/29/1957. Use: Domestic, municipal, irrigation,

industrial, generation of electrical energy, stock watering and piscatorial. Case No. 81CW34: Decree Date: 4/8/1985. Court: District

Court, Water Div. No. 5. Amount: 101,280 a.f. (refill); of this amount, 44,509 a.f. were made absolute in Case No. 95CW95 and

25,257 a.f. were made absolute in Case No. 01CW269, for a total of 69,766 a.f. absolute. Appropriation Date: 1/22/1981. Use:

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. PLSS: Ruedi

Reservoir is located in Sec. 7, 8, 9, 11 and 14 through 18, T. 8 S., R. 84 W., 6th P.M., in Eagle and Pitkin Counties. The dam axis

intersects the right abutment at a point 130 feet S. of the N. sec. line and 1,280 feet E. of the W. sec. line of Sec. 7, T. 8 S., R. 84 W. of

the 6th P.M. Eagle River Supply Sources: Eagle Park Reservoir Company owns and operates the Eagle Park Reservoir Project located

in the headwaters of the Eagle River. The River District is a shareholder in the Reservoir Company and is entitled to yield from the

Eagle Park Reservoir Project and exchange supplies provided by Aurora and Colorado Springs. The water delivered to or for the

benefit of the River District's contractors as "Eagle River Supplies" will be based upon the following water rights. Eagle Park

Reservoir. The River District's current supply consists of 2,000 shares of Class A, Series 2 stock in the Eagle Park Reservoir

Company, which entitle the River District to the annual release and/or diversion of up to 200 a.f. from Eagle Park Reservoir more

particularly described as follows: Eagle Park Reservoir, decreed by the Water Court in Cases No. 92CW340 and 93CW301, for a

combined total capacity of 27,600 a.f, with an appropriation date of 3/16/1991, for 5,300 a.f., and 5/18/1993, for 22,300 a.f., together

with the right to divert at the rate of 80 c.f.s. under the 8/10/1956 appropriation date of the Pando Feeder Canal pursuant to the decree

of the Water Court entered in Case No. 97CW288, for mining, milling, industrial, snowmaking, municipal, domestic, stock watering,

recreation, fish and wildlife, irrigation, agricultural, exchange, replacement, augmentation and all other beneficial purposes. Eagle

Park Reservoir is augmented by exchange by decree of the Water Court entered in Case No. 95CW348. The north abutment of the

dam crest is located approximately 160 ft. N. of the S. sec. line and 650 ft. E. of the W. sec. line of Sec. 28, T. 7 S., R. 79 W., 6th

P.M., Eagle County, Colorado. The source of Eagle Park Reservoir is the East Fork of the Eagle River including runoff, surface flow

and seepage from the area above the reservoir and tributary thereto, and water tributary to Tenmile Creek a tributary of the Blue River.

In addition to the tributary area upstream of the reservoir, the specific points of diversion into storage for Eagle Park Reservoir are as

follows: East Fork Interceptor Ditch, which has a capacity of 48 c.f.s. and diverts from unnamed tributaries of the East Fork of the

Eagle River at the following points, all of which are located in Eagle County, Colorado: 900 ft. S. of the N. sec. line and 1100 ft. W. of

the E. sec. line of Sec. 5, T. 8 S., R. 79 W., 6th P.M. 1250 ft. S. of the N. sec. line and 700 ft. E. of the W. sec. line of Sec. 4, T. 8 S.,

R. 79 W., 6th P.M. 1200 ft. N. of the S. sec. line and 800 ft. E. of the W. sec. line of Sec. 33, T. 7 S., R. 79 W., 6th P.M. Runoff,

surface flow, and seepage from the area above the East Fork Interceptor Ditch as it runs between the above-described points of

diversion and Eagle Park Reservoir. Chalk Mountain Interceptor Ditch, which has a capacity of 12 c.f.s. and diverts runoff and

seepage as it runs a distance of approximately 3.4 miles from Fremont Pass, located in the W1/2 of Sec. 11, T. 8 S., R. 79 W., 6th

P.M., northwesterly along State Highway 91 and the South side of Robinson Tailing Pond, thence westerly to the south of Chalk



Mountain Reservoir and Robinson Reservoir, thence northwesterly to Eagle Park Reservoir. The Chalk Mountain Interceptor

Ditch diverts water from the headwaters of Tenmile Creek in Summit County and from the headwaters of the E. Fork of the Eagle

River in Eagle County. East Interceptor Ditch, which has a capacity of 20 c.f.s. and runs northeasterly from a point whence the

northeast corner of Sec. 2, T. 8 S., R. 79 W., 6th P.M. bears North 77°20' E. a distance of 850 ft. at the north fork of McNulty Creek,

thence along the east side of Robinson and Tenmile Tailing Ponds into Supply Canal No.1 described below. The East Interceptor

Ditch diverts water from the north fork of McNulty Creek and surface flow, seepage, and runoff from watersheds above it that are

tributary to Tenmile Creek. Supply Canal No. 1, which has a capacity of 10 c.f.s. and diverts water from the following tributaries of

Tenmile Creek at the following points: On the west bank of Humbug Creek at a point whence the southwest corner of Section 18, T. 7

S., R. 78 W. bears S. 71°35' W. a distance of 3,250 ft. On the S. bank of Mayflower Creek at a point whence the northeast corner of

Sec. 24, T. 7 S., R. 79 W., 6th P.M. bears N. 16°55' E. a distance of 2,250 ft. Runoff, surface flow, and seepage from the area above

the Supply Canal No. 1 as it runs between the above-described points of diversion and the Climax Mill. Supply Canal No. 2, which

has a capacity of 10 c.f.s. and diverts water from the following tributaries of Tenmile Creek at the following points: On the west bank

of Searle Creek at a point whence U.S.L.M. Kokomo bears S. 45°58' E. 3740 ft. (located in the NW1/4 of the SE1/4 of Sec. 13, T. 7

S., R. 79 W., 6th P.M.). On the south bank of Kokomo Creek at a point whence U.S.L.M. Kokomo bears N. 39°36' E. 2635 ft. (located

in the SE1/4 of Sec. 22, T. 7 S., R. 79 W., 6th P.M.). Runoff, surface flow, and seepage from the area above the Supply Canal No. 2 as

it runs between the above-described points of diversion and the Climax Mill. East Fork Pumping Plant, which has a capacity of 6 c.f.s.

and diverts from the East Fork of the Eagle River at a point in the SE1/4 NE1/4 of Sec.32, T. 7 S., R. 79 W., 6th P.M. at a point

whence the NE corner of said Sec. 32 bears N. 31°53' E. a distance of 2,414 ft. The Eagle Park Reservoir Company must first receive

the permission of Climax Molybdenum Company to use the East Fork Interceptor Ditch, Supply Canal No. 1 and Supply Canal No. 2

described above to divert water into Eagle Park Reservoir. Nevertheless, the firm yield of the River District’s supply is not dependent

on the use of those facilities. Exchange Supply. Pursuant to a Memorandum of Understanding dated effective as of 4/21/1998 among

the City of Aurora, the City of Colorado Springs, the River District, Climax Molybdenum Company, Vail Associates, Inc., the Upper

Eagle Regional Water Authority, and the Eagle River Water & Sanitation District; and the Water Exchange Agreement dated

6/17/1998 among Aurora, Colorado Springs, and the Eagle Park Reservoir Company, Aurora and Colorado Springs agreed to make up

to 500 a.f. of water available for West Slope use from facilities owned and operated by Aurora and Colorado Springs in exchange for

up to 800 a.f. of replacement water from the West Slope participants. The River District's 100 shares of Class B stock in the Eagle

Park Reservoir Company entitle the River District to up to 100 a.f. per year of consumptive beneficial use water to be derived from

fully consumable water annually diverted by and/or stored in the following structures owned and controlled by Aurora and Colorado

Springs: Homestake Project. Homestake Reservoir, also known as Elliott-Weers Reservoir, was decreed by the Eagle County District

Court in Civil Action No. 1193 for 83,338.98 a.f. conditional, 43,504.7 a.f. of which is now absolute. This reservoir is located on

Homestake Creek with a dam being located whence the NW Corner of Sec. 31, T. 7 S., R. 80 W., 6th

P.M. bears N. 58°30.6' E. 24,659

feet from the E. dam abutment and N. 62°25.8' E. 25,746 feet from the W. dam abutment. The sources of supply of said Reservoir are

the East Fork of Homestake Creek, the Middle Fork of Homestake Creek and Homestake Creek. Camp Hale Project. Aurora and

Colorado Springs may provide to the River District water released from those surface and ground water storage rights sought by

Aurora and Colorado Springs in Cases No. 88CW449 and 95CW272, District Court for Colorado Water Division No. 5. River District

Contractors’ use of augmentation water from Homestake Reservoir made available through contract or other arrangement with the

Eagle Park Reservoir Company shall be dependent upon the continued existence of, and conditions set forth in, the Water Exchange

Agreement dated 6/17/1998 between the Cities of Aurora and Colorado Springs and the Eagle Park Reservoir Company, together with

any modifications thereto, or constraints thereon, as may be necessitated by the decree entered in Case No. 98CW270, Water Division

5. Additional Information for Homestake Project. The detailed descriptions of the structures decreed by the Eagle County District

Court in Civil Action No. 1193 for the Homestake Project are set forth below. Structure French Creek Intake: S. 82°18.3' E. 20988 ft.

to NW corner Sec. 31, T. 7 S., R. 80 W. 60.1 cfs. Fancy Creek Intake: N. 85°10.5' E. 25280 ft. to NW corner Sec. 31, T. 7 S., R. 80 W.

38.6 cfs. Missouri Creek Intake: N. 77°12.4' E. 28800 ft. to NW corner Sec. 31, T. 7 S., R. 80 W. 39.8 cfs. Sopris Creek Intake: N.

74°7.6' E. 29848 ft. to NW corner Sec. 31, T. 7 S., R. 80 W. 41.3 cfs. East Fork Conduit. The East Fork Conduit diverts water from

the East Fork of Homestake Creek pursuant to its appropriation of 70.8 c.f.s. of time absolute and 189.2 cubic feet per second of time

conditional therefrom and conveys these waters to Homestake Reservoir for conveyance to Homestake Tunnel or storage in the

reservoir, said East Fork Conduit having a capacity of 260 c.f.s. of time and total length of approximately 3,093 ft. The point of

diversion of said conduit is on East Fork Homestake Creek at a point whence the Northwest corner of Sec. 31, T. 7 S., R. 80 W. bears

N. 55°40.5' E., 22,917 feet. Homestake Tunnel. Homestake Tunnel under the Continental Divide for the conveyance of water into

the Arkansas River Basin with its intake located at a point under Homestake Reservoir whence the Northwest corner of Sec. 10,

T. 9 S., R. 81 W., 6th P.M. bears S. 15°27'08" E. 26,173.03 ft. appropriates a maximum amount of 10 c.f.s. of time conditional of

water seeping and percolating into Homestake tunnel from former Water District No. 37 areas and 300 c.f.s. of time absolute from

Middle Fork of Homestake Creek, at its said Northerly portal, its point of diversion; said tunnel has a length of 27,400 ft. and a

capacity of 700 c.f.s. of time. The tunnel will convey out of former Water District No. 37 up to 700 c.f.s. of time of waters

appropriated by the tunnel from the Middle Fork of Homestake Creek, together with water appropriated by the tunnel from the

Homestake Creek and East Fork Conduits and Homestake Reservoir, to an outlet at a point from where the Northwest corner of Sec.

10, T. 9 S., R. 81 W., 6th P.M. bears N. 6°40'52" E., a distance of 2,173.54 ft. Homestake Reservoir. Homestake Reservoir, also

known as Elliott-Weers Reservoir, has capacity of 83,338.98 a.f. conditional, is located on Homestake Creek with a dam whence



Homestake Peak bears S. 73°26' E. 10,477 ft. from the easterly end thereof and S. 74°57' E. 13,347 ft. from the westerly end thereof,

said dam having a maximum height of 411.5 ft. and a length of 3,380 ft. The sources of supply of said reservoir are Homestake

Conduit (the sources of this conduit as herein above set forth), East Fork Conduit (the source of this conduit as herein above set forth),

the Middle Fork of Homestake Creek and Homestake Creek, and said reservoir has appropriated for storage 83,338.98 a.f. annually

from said sources. Homestake Reservoir also conveys water from Homestake Conduit and East Fork Conduit to Homestake Tunnel.

Existing Homestake Reservoir has a storage capacity of 43,504.7 a.f. absolute and is located on Homestake Creek with a dam whence

the NW Corner of Sec. 31 T. 7 S., R. 80 W., 6th P.M. bears N. 58°30.6' E. 24,659 ft. from the E. dam abutment and N. 62°25.8' E.

25,746 ft. from the W. dam abutment, said dam has a maximum height of 265.0 ft. and a length of 1,996 ft. The sources of supply of

said existing Homestake Reservoir are Homestake Conduit, East Fork Conduit, the Middle Fork of Homestake Creek and Homestake

Creek. Existing Homestake Reservoir has appropriated 43,504.7 a.f. annually from said sources and also conveys water from

Homestake Conduit and East Fork Conduit to Homestake Tunnel. Statement of Plan for Augmentation: this plan for augmentation

accounts for the out-of-priority diversions from the Timber Springs Entrance Diversion. Water will be diverted from Spring Creek,

used to sprinkler irrigate approximately 0.62 acre of landscaping around the entrance to the Timber Springs development. The

demands and depletions associated with the Timber Springs Entrance Diversion are summarized in Table 1, attached to the

Application and on file with the Water Court. Table 1 also summarizes the out-of-priority depletions and augmentation requirements

for the Timber Springs Entrance Diversion. When a call is made on the main stem of the Colorado River or the Eagle River, Applicant

will augment out-of-priority evaporative depletions by exchange using Applicant’s River District contract and the appropriative rights

of exchange described in the Third Claim, below. The schedule of releases anticipates the replacement of all out-of-priority depletions

and includes an additional ten percent to account for transit losses. There are no senior water rights on Spring Creek between the point

of diversion and the confluence with Wilmore Lake and the Eagle River. If the augmentation is operated as described above, there

will be no injury to other vested water rights. THIRD CLAIM FOR CONDITIONAL APPROPRIATIVE RIGHTS OF

EXCHANGE. Summary: The conditional appropriative rights of exchange will operate as part of the plan for augmentation, applied

for herein, when Wolford Mountain Reservoir, Ruedi Reservoir, or Eagle Park supplies are used to replace out-of-priority depletions

from diversions by the augmented structures. Claimed Water Rights: Timber Springs Entrance Diversion Wolford Mountain

Reservoir Exchange: The exchange using Wolford Mountain Reservoir releases will be exercised to address calls occurring below

the confluence of the Colorado and Eagle Rivers. Description including exchange termini: The exchange reach is from the confluence

of the Colorado and Eagle Rivers generally located in the SW1/4 SE1/4 of Sec. 7, T. 8 S., R. 86 W. of the 6th

P.M. at a point

approximately 750 ft. from the S. sec. line and 1,500 ft. from the E. sec. line of said Sec. 7, up the Colorado River, the Eagle River and

Spring Creek to the diversion points for the Timber Springs Entrance Diversion, as described above. Amount: the maximum rate of

exchange is 0.06 c.f.s., and the water exchanged from Wolford Mountain Reservoir to the Timber Springs Entrance Diversion shall be

used as described above, and to augment said uses. Date of Initiation of Appropriation: 12/28/15. How appropriation was initiated:

The Applicant’s Board met and approved a raw water irrigation supply for the entryway area. Timber Springs Entrance Diversion

Ruedi Reservoir Exchange: The exchange using Ruedi Reservoir releases will be exercised to address calls occurring below the

confluence of the Colorado and Roaring Fork Rivers. Description including exchange termini: The exchange reach is from the

confluence of the Colorado and Roaring Fork Rivers in the SE1/4 of the NW1/4 of Sec. 9, T. 6 S., R. 89 W. of the 6th P.M., at a point

approximately 2,200 ft. from the N. sec. line and 2,350 ft. from the W. sec. line up the Colorado River, the Eagle River, and Spring

Creek to the diversion point for the Timber Springs Entrance Diversion, provided however, that Ruedi Reservoir releases may be used

only to address calls occurring below the confluence of the Colorado River and Roaring Fork River. Amount: the maximum rate of

exchange is 1.0 c.f.s., and the water exchanged from Wolford Mountain Reservoir to the Timber Springs Entrance Diversion shall be

used as described above, and to augment said uses. Date of Initiation of Appropriation: 12/28/15. How appropriation was initiated:

The Applicant’s Board met and approved disconnecting from the Eagle River Water & Sanitation District’s potable supply and to

replace this with a raw water irrigation supply for the entryway area. Applicant engaged the services of Wright Water Engineers and

Balcomb & Green to secure a Colorado River Water Conservation District contract, to negotiate the necessary easements and to obtain

a water court approval for the raw water irrigation supply and plan for augmentation including exchange. Timber Springs Entrance

Diversion Eagle Park Reservoir Exchange: The exchange using Eagle Park Reservoir releases will primarily be exercised to address

calls occurring above the confluence of the Colorado River and the Eagle River. Description including exchange termini: the

exchange reach is from the confluence of the Colorado River and the Eagle River located in the SW1/4 SE1/4 of Sec. 7, T. 8 S., R. 86

W. of the 6th P.M., at a point approximately 750 ft. from the S. sec. line and 1,500 ft. from the E. sec. line of said Sec. 7 up the Eagle

River and Spring Creek to the location of the Timber Springs Entrance Diversion. Amount: the maximum rate of exchange is 0.06

c.f.s, and the water exchanged from Wolford Mountain Reservoir to the Timber Springs Diversion Ditch shall be used as described

above, and to augment said uses. Date of Initiation of Appropriation: 12/28/15. How appropriation was initiated: The Applicant’s

Board met and approved a raw water irrigation supply for the entryway area. (15pgs, 2 Exh., 1 Table)






CO 81601.








16CW3181 IN PITKIN COUNTY, COLORADO. APPLICATION FOR STORAGE WATER RIGHT AND PLAN FOR

AUGMENTATION, INCLUDING APPROPRIATIVE RIGHT OF EXCHANGE. Concerning the Application for Water Rights of

Juniper Family Investment, LLC, Water Division No. 5, State of Colorado, 109 8th

Street, Suite 104, Glenwood Springs, CO 81601.

Name and Address of Applicant: Juniper Family Investments, LLC, 555 17th

Street #2400 Denver, CO 80202. Please direct all

pleadings and correspondence to: Anne Marie McPhee, Oates Knezevich Gardenswartz, Kelly & Morrow, P.C. 533 E. Hopkins Ave.,

3rd

Floor Aspen, CO 81611 (970) 920-1701, [email protected]. First Claim: Name of structure: Parcel B Pond, Legal description:

The pond is located in the SW1/4 SW1/4 of Sect. 35, T. 8 S., R 86 W. of the 6th

P.M., at a point approx. 430 ft from the S Sec. line and

360 ft from the W Sec. line. Also described with UTM Zone 13 coordinates as Northing 4352753 meters, Easting 329976 meters. See

Exhibit A. Source: Snowmass Creek, tributary to the Roaring Fork River, tributary to the Colorado River. If off-channel

reservoir, name and capacity of ditch used to fill reservoir, and legal description of each point of diversion: Williams No. 5 Ditch,

which diverts from Snowmass Creek at a point approximately 2,475 ft E of the W Sec. line and 1,730 ft S of the N Sec. line of Sec. 2,

T 9 S, R 86 W of the 6th

P.M. The Williams No. 5 Ditch has a decreed capacity of 2.0 cfs. Date of appropriation: 4/15/2016. How

appropriation initiated: By formulation of intent to appropriate a water right, submittal of plans to Pitkin County, Co., submittal of

Notice to Division of Water Resources, and construction of the pond. Date water applied to beneficial use: 8/15/2016. Amount

claimed: 0.70 af, abs. If off-channel reservoir, rate of filling the reservoir: 0.1 cfs. Use: Irrigation of 8.5 acres located in the SW1/4

SW1/4 of Sec. 35, T 8 S, R 86 W of the 6th

P.M., and the NW1/4 NW1/4 of Sec. 2, T 9 S, R 86 W of the 6th

P.M., fire protection,

pisc., aesthetic, recreation, irr., irr. control, and livestock. Surface area of high water line: 0.20 acre, Max. height of dam: 6 ft, Length

of dam: 250 ft. Total capacity: 0.70 af. Active capacity: 0.67 af, Dead storage: 0.03 af. Remarks: The Parcel B Pond is constructed

and has filled with water from the Williams No. 5 Ditch. Out-of-priority depletions from the Parcel B Pond will be replaced pursuant

to the augmentation plan described below. Second Claim: Plan for Augmentation. Structures to be augmented: Parcel B Pond,

described above. Other water rights diverted from these structures: Flow-through for Williams No. 5 Ditch. Previous decrees for water

rights to be used for augmentation: Basalt Water Conservancy District (BWCD) water allotment. Information from previous decree for

Green Mountain Reservoir: Source: Blue River, trib. of Colorado River. Legal description: located approximately 16 miles SE of the

Town of Kremmling in Summit County, CO, and more particularly in all or parts of S. 11, 12, 13, 14, 15, and 24 of T. 2 S., R. 80 W.,

and in S. 17, 18, 19, 20, 21, 28, 29, and 34, T. 2 S., R. 79 W. of the 6th P.M. Adj. Date: 10/12/1955. Approp. Date: 8/1/1935. Case

No.: 2782, 5016, and 5017. Court: U.S. District Court, Dist. of Colorado. Decreed Amt: 154,645 a.f. Decreed Uses: in accordance

with paragraph 5(a), (b), and (c) of the section entitled "Manner of Operation of Project Facilities and Auxiliary Facilities" in Senate

Doc. 80. Information from previous decree for Ruedi Reservoir: Source: Frying Pan River, trib. of Colorado River. Legal description:

an on-channel reservoir located in S. 7, 8, 9, 11, and 14 through18, T. 8 S., R. 84 W. of the 6th P.M. The reservoir is located in

portions of Eagle and Pitkin Counties. Adjud. Date: 6/20/1958. Approp. Date: 7/19/1957. Case No.: C.A. 4613. Court: Garfield

County Dist. Court. Decreed Amt.: 102,369 a.f. (Originally decreed for 140,697.3 a.f.; reduced to 102,369 a.f. in Case No. W-789-76)

Decreed Uses: generation of electric energy, domestic, municipal, industrial, irrigation and stock watering. By decree of the Water

Court in Case No. 81CW34, Ruedi Reservoir was decreed a refill right in the amount of 101,280 a.f., cond. In Water Court Case No.

95CW95, 44,509 a.f. was made absolute. Information from previous decrees for Troy Ditch and Edith Ditch rights: Structure: Troy

Ditch (originally diverted from Miller Creek. All others originally diverted from Frying Pan River. Priority: 370. Court Case No. 3082

Adj. Date: 8/25/1936. App. Date: 5/01/1906 Decreed Amt. (cfs): 5.10. Use: Irri. Structure: Troy Ditch 1st Enlg. Priority: 427. Court

Case No.: 4613. Adj. Date: 8/25/1936. App. Date: 5/01/1906. Decreed Amt. (cfs): 10.80. Use: Irr. Structure: Troy Ditch 2nd

Enlg.

Priority: 669. Court Case No. 4613. Adj. Date: 6/20/1958. App. Date: 6/01/1942 Decreed Amt. (cfs): 6.20. Use: Irr. Structure: Edith

Ditch. Priority: 353. Court Case No. 3082. Adj. Date: 8/25/1936. App. Date: 5/01/1904. Decreed Amt. (cfs): 2.72. Use: Irr. Structure:

Edith Ditch 1st Enlg. Priority: 673. Court Case No.: 4613. Adj. Date: 6/20/1958. App Date: 7/01/1946. Decreed Amt. (cfs): 3.23. Use.:

Irr. Structure: Troy Ditch Water System aka Lower Headgate. Priority: Alternate point for all priorities of Troy and Edith Ditches.

Court Case No.: W-2281. Adj. Date: N/A. App. Date: N/A. Decreed Amt. (cfs) 15.50 (Combined amt. limited to 15.5 cfs and 453 a.f.

of consumptive use, 300 a.f. or which can be stored). Use: Irr., Dom., Mun., Ind. and Pisc. In Case No. W-2281, Division 5, the Court

decreed that 453 a.f. of annual consumptive-use credits were available to these ditches, and that 300 a.f. could be stored in an

unnamed reservoir. The BWCD owns 412.89 a.f. of the 453 a.f., and makes the water rights available to contract allottees for use

pursuant to an approved substitute supply plan or decree of Court. The Troy and Edith augmentation water can be delivered to the

Frying Pan, Roaring Fork or Colorado Rivers by by-passing water at the headgate on the Frying Pan River. Information from previous

decrees for Robinson Ditch rights: Structure: Robinson Ditch. Priority 38: Decreed Amt. (cfs): 5.00. Amt. Owned by BWCD (cfs)(

The BWCD owns 441 shares of Class 1 stock issued by the Robinson Ditch Company. The said 441 shares equal 24.16% of the total

shares and are associated with 9.73 cfs of the 40.26 cfs decreed to the Robinson Ditch). Adj. Date: 5/11/1889. App. Date: 06/15/1882.

Case No. (Dist. Court in and for Garfield County): 132. Priority 140: Decreed Amt. (cfs): 2.50. Amt. Owned by BWCD (cfs): .60.

Adj. Date: 5/11/1889. App. Date: 4/15/1886. Case No.: 132. Priority 167: Decreed Amt. (cfs): 2.00. Amt. Owned by BWCD (cfs):



0.48. Adj. Date: 5/11/1889. App. Date: 11/15/1886. Case No.: 132. Priority 212C: Decreed Amt. 10.70. Amt. Owned by BWCD (cfs):

2.59. Adj. date: 12/29/1903. App. Date: 4/25/1899. Case No.: 1061. Priority 3082: Decreed Amount (cfs): 20.06. Amt. Owned by

BWCD (cfs): 4.85. Adj. Date: 8/25/1936. App. Date: 04/25/1900. Case No.: 3082. Legal Description of Point of Diversion: The point

of diversion as decreed is located on the N. bank of the Roaring Fork River one-half mile below the mouth of Sopris Creek in S. 11, T.

8 S., R. 87 W., 6th P.M. Historic Use: Irr. of approx. 137.2 acres of hay and pasture under BWCD’s interest in the Robinson Ditch

water rights. In Case No. 93CW319, the Court decreed that 360 af of annual consumptive-use credits are associated with said

irrigation. In that case, the Court also decreed a change of use of BWCD’s Robinson Ditch rights to include augmentation. BWCD

makes the credits available to contract allottees for use pursuant to an approved substitute supply plan or decree of Court. Statement of

plan for augmentation: Applicant intends to augment out-of-priority evaporation from the Parcel B Pond by releases pursuant to a

water allotment contract with the BWCD from either Ruedi Reservoir or Green Mountain Reservoir whenever there is a call on the

Colorado River or the Roaring Fork River below its confluence with the Fryingpan River. Applicant has applied for a BWCD contract

for 1.0 af. Whenever a call occurs on Snowmass Creek below the Williams Ditch No. 5, Applicant will cease storing water in the

Pond and will release water from the Pond to offset any out-of-priority depletions. Applicant anticipates total annual evaporation of

0.68 af, occurring between March and November of each year, with the Pond potentially being out-of-priority for one week each in

April, May and Nov., two weeks in June and the entire months of July through Oct. See Exhibit B. It is assumed that all of-of-priority

storage, including storage to replace evaporative losses from the Parcel B Pond, is 100% consumptive. 0.49 af of evaporation and

transit losses will be replaced with releases pursuant to the BWCD contract from April through Oct. During time periods when a call

occurs upstream of the confluence of the Roaring Fork River and Fryingpan River, Applicant will cease storing water in the Pond and

will release water from the Pond to offset any out-of-priority depletions. Exhibit C presents the monthly evaporation analysis for the

Parcel B Pond. Exhibit B presents the schedule for augmenting out-of-priority evaporation using releases pursuant to the BWCD

contract. Exchange: Augmentation of the Parcel B Pond using water rights available by contract with the BWCD will be accomplished

by exercise of an appropriative right of exchange, for which Applicant seeks a conditional right of exchange described as follows:

Fryingpan River Exchange, Lower terminus of exchange reach: The confluence of the Roaring Fork River and the Fryingpan River

located in the SW1/4 of the SE1/4 of Sec. 7, T 8 S, R 86 W, in the 6th

P.M. at a point 750 ft from the south section line, and 1440 ft

from the east section line. Upper terminus of exchange reach: The headgate of the Williams No. 5 Ditch, which diverts from

Snowmass Creek at a point approximately 2,475 ft E of the W section line and 1,730 ft S of the N section line of Sec. 2, T 9 S, R 86 W

of the 6th

P.M. Rate claimed: 0.002 cfs, cond., with a max volume of 0.5 af, Colorado River Exchange. Lower terminus of exchange

reach: The confluence of the Colorado River and the Roaring Fork River, more particularly described as a point in the SE1/4 of the

NW1/4 of Sec. 9, T 6 S, R 89 W of the 6th

P.M. at a point described as UTM Zone 13N NAD83 Easting 299765 and Northing

4380329. Upper terminus of exchange reach: The headgate of the Williams No. 5 Ditch, which diverts from Snowmass Creek at a

point approximately 2,475 ft E of the W section line and 1,730 ft S of the N section line of Sec. 2, T 9 S, R 86 W of the 6th

P.M. Rate

claimed: 0.002 cfs, cond., with a maximum volume of 0.5 af. Date of initiation of appropriation: 4/15/2016. How appropriation was

initiated: By formulation of intent to appropriate a water right, submittal of plans to Pitkin County, Colorado, submittal of Notice to

Division of Water Resources, and construction of the pond. Date water applied to beneficial use by exchange: N/A. A map showing

the above-described exchange reaches is attached as Exhibit D. Name and address of 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: The Parcel B Pond is located on land owned by the Applicant and all water will be used on land owned by

the Applicant. The headgate of the Williams No. 5 Ditch is located on land owned by Skyler S. DeBoer, 2730 Snowmass Creek Road,

Snowmass, CO 81654. (13 pages)






CO 81601.






16CW3182 EAGLE COUNTY. EAGLE RIVER, EAGLE RIVER ALLUVIUM. Application for Approval of Amendment to

Plan for Aug. Including Cond. Right of Exchange. Applicant: Eagle Springs Golf Club, c/o Balcomb & Green, P.C., P.O. Drawer

790, Glenwood Springs, CO 81602; 970-9456546. Summary: This Application seeks approval to amend the plan for aug. decreed in

Case No. 93CW189, Dist. Court, Water Division No. 5 to augment out-of-priority depletions from diversions using add’l replacement

supplies, including through exchange. Location of Real Property on Which the Subject Water Rights Will Be Beneficially Used:

Applicant’s Eagle Springs Golf Course property; a map of this property, including the structures, is attached as Exhibit A, Figure 1.

Amended Plan for Aug. Applicant requests approval to add water supplies under contract with the Colorado River Water Conservation



Dist. described below as add’l replacement sources for the plan for aug. decreed in Case No. 93CW189. The Koprivnikar Ponds Nos.

1 through 4, decreed as replacement supplies in Case No. 93CW189, may also be used for aug. when an approp. right of exchange

needed to utilize the River Dist. supply is out of priority. Structures to Be Augmented: O’Neill and Holland Ditch Second Enl., Golf

Well No. 1, and Koprivnikar Pond Nos. 1 through 4, all as decreed on 4/2/1996 in Case No. 93CW189, Dist. Court, Water Division

No. 5, and further described below. O'Neill and Holland Ditch Second Enl. Legal Description: The headgate is on the W. bank of

the Eagle River in the SE14 NW1/4, Sec. 36, T. 4 S., R. 83 W., 6th P.M., at a pt. 1,850 ft. from the N. line and 1,400 ft. from the W.

line of said Sec. 36. Approp. Date: 12/18/1992. Amt.: 3.0 c.f.s., absolute. Uses: Irr., dom., rec., aesthetic, fire protection, storage.

Golf Well No. 1. Legal Description: SW1/4SE1/4, Sec. 23, T. 4 S., R. 83 W., 6th P.M. at a pt. 1,080 ft. from the S. line and 2,480 ft.

from the E. line of said Sec. 23. Approp. Date: 12/17/1993. Amt.: 60 g.p.m., absolute 40 g.p.m., Cond. for all uses; total of 2.50 AF

annually. Uses: dom., comm., irr. (of up to 3,000 sq. ft.), fire protection uses for two single-family residences, a clubhouse, and a

maintenance facility assoc. with a golf course. Depth: less than 10 ft. Koprivnikar Pond No. 1. Legal Description: SE1/4 SE1/4, Sec.

23, T. 4 S., R. 83 W., 6th P.M. at a pt. 800 ft. from the S. line and 650 ft. from the E. line. Source: Eagle River by diversions through

the O’Neill and Holland Ditch, Second Enl. Approp. Date: 12/18/1992. Amt.: 0.5 AF. Absolute Uses: Aesthetic, rec. and fire

protection uses. Remaining Cond. Use: Aug. (of dom., comm., irr., and pond evap. depletions) (0.5. AF). Koprivnikar Pond No. 2:

Legal Description: NW1/4 SE1/4, Sec. 23, T. 4 S., R. 83 W., 6th P.M. at a pt. 2,400 ft. from the S. line and 1,300 ft. from the E. line.

Source: Eagle River by diversions through the O’Neill and Holland Ditch, Second Enl. Approp. Date: 12/18/1992. Amt.: 10.0 AF,

absolute for all uses. Uses: Aesthetic, rec., fire protection uses and aug. (of dom., comm., irr., and pond evap. depletions.

Koprivnikar Pond No. 3. Legal Description: SW1/4 NE1/4, Sec. 23, T. 4 S., R. 83 W., 6th

P.M. at a pt. 2,250 ft. from the N. line and

2,500 ft. from the E. line. Source: Eagle River by diversion through the O’Neill and Holland Ditch, Second Enl. Approp. Date:

12/18/1992. Amt.: 1.5 AF. Absolute Uses: Aesthetic, rec., and fire protection uses (1.5 AF). Cond. Use: Aug. (of dom., comm., irr.,

and pond evap. depletions) (1.5 AF). Koprivnikar Pond No. 4. Legal Description: SE1/4 NW1/4, Sec. 23, T. 4 S., R. 83 W., 6th

P.M. at a pt. 2,150 ft. from the N. line and 2,450 ft. from the W. line. Source: Eagle River by diversion through the O’Neill and

Holland Ditch, Second Enl. Approp. Date: 12/18/1992. Amt.: 1.0 AF. Absolute Use: Aesthetic, rec.al, and fire protection uses (1.0

AF). Cond. Use: Aug. (of dom., comm., irr., and pond evap. depletions) (1.0 AF). Comment: Applicant abandoned Koprivnikar Well

Nos. 1 and 2, which were also augmented structures under the plan for aug. decreed in Case No. 93CW189. Accordingly, these

structures are not included in the amended plan for aug. requested herein. Water Rights to Be Used for Aug.: Water available pursuant

to a water supply contract with the River Dist., in the Amt. of 5.8 AF for Colorado River supply, and 4.4 AF for Eagle River supply,

for aug. releases from the sources described below to augment out-of-priority depletions. Contract amt. may be lesser or greater as

required by the Court. The contract amt. includes an Amt. equivalent to a ten percent (10%) transit loss assoc. with delivery of the

aug. releases. Colorado River Supply Sources. Wolford Mountain Reservoir. The River Dist. owns and operates Wolford Mountain

Reservoir (f/k/a Gunsight Pass Reservoir) which has the following water rights. Case No. 87CW283: Decree Date: 11/20/1989.

Structure: Gunsight Pass Reservoir. Source: Muddy Creek and its tributaries, all trib. to the Colorado River. Amt.: 59,993 AF Cond.;

of this Amt., 32,986 AF were made absolute for pisc. and rec. uses by decree entered in Water Court Case No. 95CW251, and the full

Amt. was made absolute for all purposes by decree entered in Water Court Case No. 02CW107. Approp. Date: 12/14/1987. Use: All

beneficial uses, including but not limited to dom., mun., ag. and rec. uses. Case No. 95CW281: Decree Date: 8/26/1997. Structure:

Wolford Mountain Reservoir Enl. Source: Muddy Creek and its tributaries, all trib. to the Colorado River. Amt.: 6,000 AF, cond.

Approp. Date: 1/16/1995. Use: All beneficial uses by and for the benefit of the inhabitants of the Colorado River Water Conservation

Dist., including but not limited to dom., mun., ind., irr., ag., pisc. and rec.; such uses will be made directly or by substitution, aug., or

exchange. Case No. 98CW237: Decree Date: 7/6/2000. Structure: Wolford Mountain Reservoir. Legal Description of place of

storage: Same as for 95CW281. Source: Muddy Creek and its tributaries, all trib. to the Colorado River. Amt.: 30,000 AF cond., with

15,895 AF being absolute for rec. and pisc. and flood control. Approp. Date: 11/17/1998. Use: Certain of the beneficial uses

previously adjudicated for Wolford Mountain Reservoir in Case No. 87CW283, Dist. Court for Colorado Water Division No. 5, and

Case No. 95CW281, Dist. Court for Colorado Water Division No. 5. 87CW283: including but not limited to dom., mun., ag., and rec.

uses. The reservoir will also be used to meet the water requirements of the inhabitants of the River Dist. for all uses, including uses.

95CW281: All beneficial uses by and for the benefit of the inhabitants of the Colorado River Water Conservation Dist., including but

not limited to dom., mun., ind., irr., ag., pisc. and rec.al; such uses will be made directly or by substitution, aug., or exchange. Ruedi

Reservoir. The River Dist. holds Contracts No. 009D6C0111 (500 AF), 009D6C0118 (700 AF), 039F6C0011 (530 AF),

079D6C0106 (5,000 AF), and 139D6C0101 (4,683.5 AF) from the United States Bureau of Reclamation for 11,413.5 AF of annual

supply from Ruedi Reservoir. This water will be used in addition to and substitution for Wolford Mountain Reservoir water in

appropriate circumstances where Ruedi water is physically equivalent to Wolford water. Source: Fryingpan River. Previous storage

decrees: Civil Action No. 4613: Decree Date: 6/20/1958. Court: Garfield County Dist. Court. Amt.: 140,697.3 AF, reduced to

102,369 AF pursuant to order of the Water Court in Case No. W-789-76. The full Amt. was made absolute in Case No. 88CW85.

Approp. Date: 7/29/1957. Use: Dom., mun., irr., ind., generation of electrical energy, stock watering and pisc. Case No. 81CW34:

Decree Date: 4/8/1985. Court: Dist. Court, Water Div. No. 5. Amt.: 101,280 AF (refill); of this Amt., 44,509 AF were made absolute

in Case No. 95CW95 and 25,257 AF were made absolute in Case No. 01CW269, for a total of 69,766 AF absolute. Approp. Date:

1/22/1981. Use: Irr., dom., mun., generation of electrical energy, stock watering, ind., pisc., rec. and maintenance of sufficient storage

reserves to fulfill contractual obligations and provide stored water for rec. in times of drought. Eagle River Supply Sources. Eagle

Park Reservoir Company owns and operates the Eagle Park Reservoir Project located in the headwaters of the Eagle River. The River



Dist. is a shareholder in the Reservoir Company and is entitled to yield from the Eagle Park Reservoir Project and exchange supplies

provided by Aurora and Colorado Springs. The water delivered to or for the benefit of the River Dist. contractors as will be based

upon the following water rights. Eagle Park Reservoir. The River Dist. current supply consists of 2,000 shares of Class A, Series 2

stock in the Eagle Park Reservoir Company, which entitle the River Dist. to the annual release and/or diversion of up to 200 AF from

Eagle Park Reservoir more particularly described as follows: Eagle Park Reservoir decreed by the Water Court in Cases No.

92CW340 and 93CW301, for a combined total capacity of 27,600 AF, with an Approp. date of 3/6/1991, for 5,300 AF, and 5/18/1993,

for 22,300 AF, together with the right to divert at the rate of 80 c.f.s. under the 8/10/1956 approp. date of the Pando Feeder Canal

pursuant to the decree of the Water Court entered in Case No. 97CW288, for mining, milling, ind., snowmaking, mun., dom., stock

watering, rec., fish and wildlife, irr., ag., exchange, replacement, aug. and all other beneficial purposes. Eagle Park Reservoir is

augmented by exchange by decree of the Water Court entered in Case No. 95CW348. The source of Eagle Park Reservoir is the E.

Fork of the Eagle River including runoff, surface flow and seepage from the area above the reservoir and trib. thereto, and water trib.

to Tenmile Creek a trib. of the Blue River. Exchange Supply. Pursuant to a Memorandum of Understanding dated effective as of

4/21/1998 (the "MOU") among the City of Aurora, the City of Colorado Springs, the River Dist., Climax Molybdenum Company,

Vail Associates, Inc., the Upper Eagle Regional Water Authority, and the Eagle River Water & Sanitation Dist.; and the Water

Exchange Agreement dated 6/17/1998 among Aurora, Colorado Springs, and the Eagle Park Reservoir Company, Aurora and

Colorado Springs agreed to make up to 500 AF of water available for W. Slope use from facilities owned and operated by Aurora and

Colorado Springs in exchange for up to 800 AF of replacement water from the W. Slope participants. The River Dist. 100 shares of

Class B stock in the Eagle Park Reservoir Company entitle the River Dist. to up to 100 AF per year of consumptive beneficial use

water to be derived from fully consumable water annually diverted by and/or stored in the following structures owned and controlled

by Aurora and Colorado Springs: Homestake Project. Homestake Reservoir, also known as Elliott-Weers Reservoir, was decreed by

the Eagle County Dist. Court in Civil Action No. 1193 for 83,338.98 AF Cond., 43,504.7 AF of which is now absolute. This reservoir

is located on Homestake Creek with a dam being located whence the NW Corner of Sec. 31, T. 7 S., R. 80 W., 6th

P.M. bears N.

58°30.6' E. 24,659 ft. from the E. dam abutment and N. 62°25.8' E. 25,746 ft. from the W. dam abutment. The sources of supply of

said Reservoir are the E. Fork of Homestake Creek, the Middle Fork of Homestake Creek and Homestake Creek. Camp Hale Project.

Aurora and Colorado Springs may provide to the River Dist. water released from those surface and ground water storage rights sought

by Aurora and Colorado Springs in Cases No. 88CW449 and 95CW272, Dist. Court for Colorado Water Division No. 5. River Dist.

Contractors’ use of aug. water from Homestake Reservoir made available through contract or other arrangement with the Eagle Park

Reservoir Company shall be dependent upon the continued existence of, and conditions set forth in, the Water Exchange Agreement

dated 6/17/1998 between the Cities of Aurora and Colorado Springs and the Eagle Park Reservoir Company, together with any

modifications thereto, or constraints thereon, as may be necessitated by the decree entered in Case No. 98CW270, Water Division 5.

Statement of Amended Plan for Aug. This amended plan for aug. adds the River Dist. supply, as described above, as an aug. source in

addition to the Koprivnikar Ponds 1 through 4, as decreed in Case No. 93CW189. The River Dist. aug. supply will replace all out-of-

priority depletions from demands assoc. with the Golf Well No. 1, O’Neil and Holland Ditch Second Enl., and Koprivnikar Ponds 1

through 4. The Koprivnikar Ponds Nos. 1 through 4 may also be used for aug. when an approp. right of exchange needed to utilize the

River Dist. supply is out of priority. It is the Applicant’s intent that this amended plan supersede the original plan for aug. when

approved. Dom. Demands for Uses Assoc. with Golf Well No. 1: The Golf Well No. 1 provides the dom. supply for the clubhouse

facility, maintenance facility, and the golf course restroom sinks. All of these facilities utilize individual sewage disposal systems and

the water depletions are estimated at 15 percent of the water diversions. The clubhouse facility has an average of 100 members and

staff per day requiring 30 gallons per day (g.p.d.) each from May through October, 4 staff requiring 30 g.p.d. each from November

through April, and one holiday party in December for 100 people requiring 30 g.p.d. each. The maintenance facility has 20 staff

people from May through October requiring 30 g.p.d. each, 5 staff people from November through April requiring 30 g.p.d. each, and

an equipment washing facility that requires 100 g.p.d. from May through October. The cumulative dom. diversion for these uses is

estimated at 1.97 AF per year and the resulting depletion is estimated at 0.30 AF A monthly summary of the diversions and depletions

is presented on Table 1 of the attached Exhibit B. Dom. Demands for Uses Assoc. with the O’Neill and Holland Ditch Second Enl.

The two golf course restroom toilets operate with raw water from the O’Neill and Holland Ditch Second Enl. The water use is

estimated at 350 g.p.d. for each toilet from May through October. The cumulative diversion for these two toilets is estimated at 0.40

AF per year and the resulting depletion is estimated at 0.06 AF A monthly summary of the diversions and depletions is presented on

Table 1 of the attached Exhibit B. Evaporative Demands. The Koprivnikar Pond Nos. 1 through 4 are ponds on channel of the O’Neill

and Holland Ditch lateral that traverses through the Eagle Springs Golf Club property. This lateral only serves the Eagle Springs Golf

Club. The ponds have a combined surveyed water surface area of 3.7 acres. The average annual evap. rate is 2.83 ft. per year per

surface acre and the resulting average evap. from 3.7 acres of pond surface area is 10.46 AF A monthly summary of the evap. is

presented on Table 2 of the attached Exhibit B. This pond system evap. was calculated using the gross annual evap. rate of 38 inches

derived from the isopleths of shallow lake evap. for Colorado in the NOAA Technical Report NWS 33, Evap. for the Contiguous 48

United States. The gross evap. was distributed monthly in accordance with the SB120 Guidelines for ponds above 6500 ft. in

elevation. No credit was taken for effective precipitation and the ponds are assumed to be frozen from mid-November through mid-

March. This calculation is also presented in Table 2 of the attached Exhibit B. Need for Aug.: The primary water right calls that are

expected to affect the water rights augmented under this plan are on the Colorado River near Cameo, and the Shoshone call, which

collectively have historically placed calls on the Upper Colorado River for most of the year. During dry years on the Eagle River, an



instream flow right may place a call from the confluence of Brush Creek to the confluence with the Colorado River. Replacement

Releases: During periods when the augmented water rights would otherwise be subject to administrative curtailment to satisfy a senior

call, water will be released from storage or otherwise provided under a River Dist. contract in an Amt. sufficient to offset the out-of-

priority depletions assoc. with the decreed beneficial uses of the augmented structures. Applicant has applied for a contract with the

River Dist. contract in the Amt. of 5.8 AF for a Colorado River supply and 4.4 AF for an Eagle River supply. The supply available to

Applicant under the River Dist.’s portfolio of water rights is adequate to replace out-of-priority depletions to all water rights that

might place an administrative call on the augmented water rights. Water will be made available from the River Dist. portfolio of water

rights described in paragraph 6 above in Amt.s sufficient to replace the depletions described in paragraph 7 above assoc. with the

decreed beneficial uses of the augmented structures described in paragraph 5 above. Replacements: This amended plan for aug. is

sufficient to permit the continuation of diversions when curtailment would otherwise be required to meet a valid senior call for water

on the Colorado or Eagle rivers. When the Golf Well No. 1, O’Neil and Holland Ditch Second Enl., and Koprivnikar Ponds 1 through

4 are out of priority and subject to curtailment under a valid administrative call on the Colorado River mainstem, water will be

released from Wolford Mountain Reservoir, Ruedi Reservoir, or Eagle Park Reservoir to replace the out-of-priority depletions. If the

administrative call is on the Eagle River, water will be released from Eagle Park Reservoir to replace out-of-priority depletions. If the

approp. right of exchange needed to utilize the River Dist. supply is out of priority, water may be released from Koprivnikar Ponds

Nos. 1 through 4. Non-injury. Operation of the amended plan for aug. as described above and subject to the terms and conditions

proposed herein will prevent injury to the vested or decreed Cond. water rights of others. Accounting Table. Tables 1 and 2 of the

attached Exhibit B show the estimated cumulative monthly diversion rates, assoc. depletions, and correlating replacement

requirements for all of the augmented uses. The information on these tables demonstrate this plan is capable of operation using the

assumptions described herein. The table may also be useful in the administration and accounting of this plan and may be modified

with input from the Division of Water Resources for this purpose. Incorporation of Plan for Aug. in Case No. 93CW189. All terms

and conditions of the plan for aug. approved in Case No. 93CW189 will be adopted and included in the final ruling in this

matter. Claim II: Cond. Approp. Right of Exchange. Summary: A Cond. approp. right of exchange will operate as part of the plan

for aug., amended herein, when Ruedi Reservoir or Wolford Mountain Reservoir supplies are used to replace out-of-priority

depletions from diversions by the augmented structures. An approp. right of exchange is not necessary to utilize Eagle Park Reservoir

supplies within this plan for aug., because releases of Eagle Park Reservoir water accrue to the Eagle River upstream of the pts. of

diversion for the augmented structures. Name of Exchange: Eagle Springs Golf Club Exchange. When the Division Engineer places

a downstream senior administrative call on the Colorado River, replacement water will be delivered for the augmented structures

identified in paragraph 5 above by exchange from Wolford Mountain Reservoir or Ruedi Reservoir as described in paragraph 6 above.

See Exhibit A, Figure 2 for a map depicting the exchange reaches. Wolford Mountain Reservoir Releases: Upstream Terminus: The

pt. of diversion for the O’Neill and Holland Ditch Second Enl., which is located on the W. Bank of the Eagle River in the SE1/4

NW1/4 of Sec. 36, T. 4 S., R. 83 W., 6th P.M. Downstream Terminus: At the confluence of the Colorado River and the Eagle River,

which is located in the SW1/4 NE1/4 and the NW1/4 SE1/4 of Sec. 5, T. 5 S., R. 86 W. of the 6th P.M. at a pt. approx. 2,400 ft. from

the N. Sec. line and 1,900 ft. from the E. Sec. of line. Ruedi Reservoir Releases: Upstream Terminus: The pt. of diversion for the

O’Neill and Holland Ditch Second Enl., which is located on the W. Bank of the Eagle River in the SE1/4 NW1/4 of Sec. 36, T. 4 S.,

R. 83 W., 6th P.M. Downstream Terminus: At the confluence of the Colorado River and the Roaring Fork River, which is located in

the SE1/4 NW1/4 of Sec. 9, T. 6 S., R. 89 W. of the 6th P.M. at a pt. approx. 2,200 ft. from the N. Sec. line and 2,350 ft. from the W.

Sec. line of said Sec. 9. Date of Approp.: 12/30/2016. Approp. Initiated By: filing of this Application. Amt. Claimed: the peak

monthly average rate of exchange is 0.032 c.f.s., Cond., up to 5.8 AF per year. Remarks: The pt. of diversion of Golf No. 1 is within

the exchange reaches described above (i.e. downstream of the O’Neill and Holland Ditch Second Enl. headgate). Names(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: Applicant. 21 pgs.






CO 81601.






16CW3183 EAGLE & GARFIELD COUNTIES, ROARING FORK & COLORADO RIVERS. Application for Water Storage

Rights. The Purple Organization, Inc., c/o Jeff Houpt & Ryan Jarvis of Beattie, Chadwick & Houpt, 932 Cooper Ave, Glenwood

Springs, 970-945-8659. Purple Pond No. 1: Located in SE¼SW¼ of Sec 4, T 7 S, R 87 W, 6th

PM, 1,053 ft from S sec line and 2,369



ft from W sec line, Easting: 318060; Northing: 4371262.87, Zone 13. Source: Cattle Creek, trib to Roaring Fork & Colo Rivers. Filled

via C&L Highline Ditch, capacity 4 cfs, located in SE¼ NW¼ of Sec 10, T 7 S, R 87 W, 6th

PM, 2,693 ft from S sec line and 2,167 ft

from W sec line, Easting: 319609.00; Northing: 4370052.00, Zone 13. Appropriation date: 05/01/14. Applied to beneficial use:

05/31/14. Amount: 1.7 af, absolute, with the right to fill and refill in priority. Rate: 2.0 cfs. Uses: Irrigation, stockwatering, wildlife

watering, commercial, fire protection & augmentation. Acres irrigated: 0.08. Acres to be irrigated: 10 ac. within Applicant’s property,

located in SW¼ Sec 4, T 7 S, R 67 W, 6th

PM, described as Tracts 4 and 11, Pleasant Valley Ranch. Surface area: 0.3 acres. Dam

height: 10.0 ft. Length: 280 ft. Capacity: 1.7 af, all active. Purple Pond No. 2: Located in SE¼SW¼ Sec 4, T 7 S, R 87 W, 6th

PM,

1,155 ft from S sec line and 1,906 ft from W sec line, Easting: 317919.64; Northing: 4371300.42, Zone 13. Source: Cattle Creek, trib

to Roaring Fork & Colo Rivers. Filled via C&L Highline Ditch as described above. Appropriation date: 12/17/16. Amount: 9.0 af,

conditional, with the right to fill and refill in priority. Rate: 2.0 cfs. Uses: Irrigation, stockwatering, wildlife watering, commercial, fire

protection, and augmentation. Acres to be irrigated: 10 ac. within Applicant’s property. Surface area: 1.5 acres. Dam height: 10.0 ft.

Length: 780 ft. Capacity: 9.0 af, all active. Irrigation will not be limited to the traditional agricultural irrigation season. Purple Pond

Nos. 1 & 2 and C&L Highline Ditch are components of an integrated water supply system. Applicant owns land upon which all ponds

are located. (6 pages)






CO 81601.






16CW3184 MESA COUNTY. SOURCE: GROVE CREEK, TRIBUTARY TO PLATEAU CREEK, TRIBUTARY TO THE

COLORADO RIVER. Application for Surface and Storage Rights. Laramie Energy, LLC, c/o Sara M. Dunn, Esq., Balcomb &

Green, P.C., P.O. Drawer 790, Glenwood Springs, Colorado 81602, Telephone: 970-928-3467, Email:

[email protected]. Application seeks an absolute water right for the YT Spring and Seep Area as a source of fill for YT

Reservoir. Application also requests the Court to recognize absolute water rights for YT Reservoir Use Enlargement and the YT

Reservoir Ditch Addition, originally decreed in Case No. 92CW271, Water Court Division 5, as conditional water rights associated

with the augmentation plan for the Micale Commercial Well. Applicant’s predecessor-in-interest was required to file an application

requesting a finding of reasonable diligence on or before the last day of March 2002 and failed to do so. An order cancelling these

water rights has not been entered by the Court; however, if the Court deems these water rights cancelled by operation of law,

Applicant respectfully requests this Application be accepted as an application for new surface and storage rights. Claim for Surface

Water Right: YT Spring and Seep Area. Legal Description: A spring and seep area the center of which is located in the NE1/4 of the

NW1/4 of Sec. 21, T.10S., R.94W., 6th

P.M., 139 feet from N. sec. line and 1465 feet from W. sec. line. Easting 250245.29, Northing

4341090.35. Source: spring and seep area tributary to Grove Creek, tributary to Plateau Creek, tributary to the Colorado River. Date of

Appropriation: November 1, 2015. Appropriation was initiated by the Applicant’s purchase of the YT Ranch property and water

rights and diversion of water into YT Reservoir for storage and subsequent beneficial use. Date water applied to beneficial use: March

1, 2016. Amount: 2.0 c.f.s., absolute. Uses: Fill and refill of YT Reservoir for the purposed decreed in Case Nos. CA5812, CA 8303

and 92CW271, Water Division No. 5, and for subsequent augmentation use pursuant to a decreed plan for augmentation or

administratively approved temporary substitute supply plan. Claim for Surface Water Right: YT Reservoir Ditch Addition. Legal

Description:located at a point on the E. bank of Grove Creek whence the quarter corner common to Secs. 20 and 21, T.10S., R.94W.,

6th

P.M., bears N. 88 deg. 45' W. 2388 feet. The point of diversion is also described as being located in the SE1/4 of the NW1/4 of

Sec. 21, T.10.S., R.94W., 6th P.M. Northing: 4340388 and Easting: 250414.5. Source: Grove Creek tributary to Plateau Creek,

tributary to the Colorado River. Date of Appropriation: April 1, 2002. How appropriation was initiated: The YT Reservoir Ditch

Addition conditional water right was extinguished by operation of law for failure to file an application requesting a finding of

reasonable diligence by March 31, 2002. The YT Reservoir Ditch Addition has been continuously used, when available in priority, to

divert water from Grove Creek into YT Reservoir for use in the plan for augmentation decreed in Case No. 92CW271. Date water

applied to beneficial use: April 1, 2002. Amount: 5.33 c.f.s., absolute. Uses: To fill and refill YT Reservoir for subsequent

augmentation use pursuant to an approved plan for augmentation or an administratively approved temporary substitute supply plan.

Claim for Storage Water Right. YT Reservoir Use Enlargement. Legal description of location of dam centerline: a point in Sec. 16

whence the Sec. corner common to Secs. 16, 17, 20 and 21, T.10S., R.94W., 6th

P.M. bears S. 62 deg. 28' W. 705 feet. YT Reservoir

can also be described as being located in the SW1/4 of the SW1/4 of Sec. 16, T.10S., R.94W., 6th

P.M. Northing: 4341327 and

Easting: 250019.7. Source: Grove Creek tributary to Plateau Creek, tributary to the Colorado River. The reservoir is filled with the

YT Reservoir Ditch Addition and the YT Spring and Seep Area, described herein. Date of Appropriation: April 1, 2002. How



appropriation was initiated: The YT Reservoir Use Enlargement conditional water right was extinguished by operation of law for

failure to file an application requesting a finding of reasonable diligence by March 31, 2002. The YT Reservoir Use Enlargement has

been continuously used to store and release replacement water pursuant to the terms of the plan for augmentation decreed in Case No.

92CW271. Date water applied to beneficial use: April 1, 2002. Amount Claimed: 125 acre feet, absolute, with the right to fill and

refill when water is physically and legally available. Uses: Augmentation pursuant to a court approved plan for augmentation or an

administratively approved temporary substitute supply plan. Surface area of high water line: 10.5 acres. Vertical height of dam: 34

feet. Length of dam in feet: 900 feet. Total capacity of reservoir in acre feet: 130 acre feet, 105 acre feet of which is active storage. In

2015, the Division of Water Resources imposed a storage restriction which limits storage to 64 acre feet. Further, Applicant is

restricted from storing more than 130 acre feet in the YT Reservoir in any one year, no matter whether such fill is made under

Applicant’s irrigation water storage rights in the YT Reservoir or YT Reservoir Enlargement or under the water storage right for

augmentation of the Micale Commercial Well decreed in Case No. 92CW271, Water Court Division No. 5. Name and address of

owner of the land upon which any new or existing diversion or storage structure, or modification of any existing diversion or storage


Applicant and Cold Mountain Ranch LLLP, 4239 Highway 133, Carbondale, Colorado. (6 pgs, 5 ex.)






CO 81601.






16CW3139 GRAND COUNTY- APPLICATION FOR FINDING OF REASONABLE DILIGENCE. 1. Name, address, and

telephone number of Applicant: Town of Granby, P.O. Box 440, Granby, CO 80446 (c/o Scotty P. Krob, Krob Law Office, LLC,

8400 E. Prentice Avenue, Penthouse, Greenwood Village, CO 80111, (303) 694-0099); 2. Name of structures: A. Introduction. By

decree in Case No. 92CW305, entered on November 19, 1996, the Applicant and others sought and were awarded a conditional water

right and approval of a plan for augmentation, including substitution and exchange, to implement the provisions of the Clinton

Reservoir-Fraser River Agreement, dated July 21, 1992, among the Applicant and others (the “Clinton Agreement”). Pursuant to the

decree, water will be diverted under a 1992 priority at Denver’s existing points of diversion and collection system operated by the

Denver Water Board (“Denver”) and will be released from Denver’s collection system on the Fraser River, St. Louis Creek, Little

Vasquez Creek, and Vasquez Creek into those streams and will be used by the Applicant and others at locations that have already been

decreed to each of those entities under their existing water rights. B. Legal Description of the Points of Diversion as Decreed: (a)

Descriptions in the Fraser River basin as decreed in Grand County Civil Action No. 657: (1) West Canal Line intake from the Fraser

River at a point on the East bank of said river whence the Southeast corner of Section 33, Township1 South, Range 75 West, 6th

P.M.,

bears N. 22º22’ W. 18,656 feet; (2) Little Vasquez Creek feeder at a point on the East bank of said creek whence angle point No. 2 of

Tract 37, Township 2 South, Range 75 West, 6th

P.M., bears S. 63°48’03” W. 526.84 feet; (3) West Canal Line intake from Vasquez

Creek at a point on the East bank of said creek whence angle point No. 2 of Tract 37, Township 2 South, Range 75 West, 6th

P.M.,

bears N. 37°58’E. 11,416.58 feet; (4) West Canal Line intake from Cooper Creek at a point where said canal crosses said creek

whence angle point No.1 of Tract 37, Township 2 South, Range 75 West, 6th

P.M., bears S. 80º56’ W. 729.10 feet; (5) West Canal

Line intake from St. Louis Creek at a point on the East bank of said creek whence the Southeast corner of Section 33, Township 1

South, Range 75 West, 6th

P.M., bears N. 69º47’ E. 36,547 feet; (6) West Canal Line intake from West St. Louis Creek at a point on

the East bank of said creek whence the Southeast corner of Section 33, Township 1 South, Range 75 West, 6th

P.M., bears N. 79º01’

E. 36,009 feet; and (7) Tributary drainage above the canal line divertible by the Fraser River diversion project. (b) Descriptions in the

Williams Fork River basin as decreed in Grand County Civil Action No. 657: (1) North Canal Line, Section 1, from McQueary Creek

at a point on the South bank of said creek whence the United States Location Monument Wilson near Minnehaha Gulch, LaPlata

Mining District Grand County, Colorado (hereinafter referred to as the Wilson Monument) bears S. 31º56’15” E. 8,333.32 feet; (2)

North Canal Line, Section 2, from Jones Creek at a point on the South bank of said creek whence the Wilson Monument bears S.

66º29’40” E. 1,983.49 feet; (3) North Canal Line, Section 3 receives its water through Sections 1 and 2 and from tributary drainage

and has no independent point of diversion on any stream; (4) South Canal Line, Section 1, from Bobtail Creek at a point on the East

bank of said creek whence the Wilson Monument bears N. 65º34’50” E. 2,007.47 feet; (5) South Canal Line, Section 2 from Steelman

Creek at a point on the East bank of said creek whence Wilson Monument bears N. 78º46’45” E. 9,525.25; and (6) South Canal Line,

Section 3 receives its water through Sections 1 and 2 and has no independent point of diversion on any stream. 3. Describe

conditional water right (as to each structure) giving the following from the Judgment and Decree in Case No. 92CW305: A.

Date of Original Decree: November 19, 1996 (Case No. 92CW305). B. Date of prior diligence decree: 02CW301, February 24,



2004 and 10CW20, October 21, 2010. C. Location of points of diversion: See Paragraph 2 above. D. Sources: Fraser River and

Williams Fork Rivers and their tributaries located above the points of diversion described in Paragraph 2. E. Appropriation Date:

July 21, 1992. F. Amount: 8.0 cfs. G. Use: Irrigation, domestic and all municipal uses now or hereinafter cognizable under Colorado

law. H. Applicant and others were also awarded an appropriative right of exchange and augmentation plan with a date of exchange of

July 21, 1992. The sources of augmentation water were stated as follows: (1) Windy Gap: Contracts executed with the Middle Park

Water Conservancy District for a portion of the 3,000 acre feet which the Municipal Subdistrict, Northern Colorado Water

Conservancy District places annually in Granby Reservoir as outlined in the Agreement concerning the Windy Gap Project and the

Azure Reservoir and Power Project, dated and signed April 30, 1980 and Supplement which was dated March 29, 1985. The

Agreement was approved by the Water Court, Water Division No. 5, in Civil Action 1768, by Interlocutory Decree, dated October 27,

1980. The supplement was approved by the Water Court by decree entered in Case No. 85CW135. Water available under these

agreements will be released from the Granby Reservoir to replace depletions to the Fraser and Williams Fork Rivers caused by

Applicants’ and others respective diversions in amounts as determined by the Division Engineer, Water Division No. 5, when the

diversions by that entity would be curtailed due to the call of senior water rights downstream from the above described points of

diversion. (2) Williams Fork Reservoir: Under Paragraph 5 of the Clinton Agreement and Paragraph 8 of the 1992 Grand County

Water Users’ Operating Plan and Paragraph 8 of the 2012 Grand County Water Users’ Operating Plan, Denver agreed to release water

for augmentation uses by the Grand County Users. Williams Fork Reservoir was decreed on November 5, 1937 in Civil Action No.

657 in the District Court in and for Grand County for 93,637 acre feet; with an appropriation date of November 10, 1935; and also

decreed on November 7, 1974 nunc pro tunc May 30, 1972 in Civil Action No.1430 in the District Court in and for Water Division

No. 5 for 93,637 acre feet with an appropriation date of October 9, 1956. 4. Provide a detailed outline of what has been done

during the current diligence period toward completion or for completion of the appropriation and application of water to a

beneficial use as conditionally decreed, including expenditures: The application contains a detailed outline of Applicant’s

supporting activities. 5. Date water applied to beneficial use: Not applicable (no claim to make subject water right absolute is made

herein). 6. Names and address of owners of the land upon which the diversion structures are located (a Certificate of Notice

has been filed concurrently herewith): United State Forest Service, Sulphur Ranger District, P.O. Box 10, Granby, Colorado 80446.

7. Remarks or other pertinent information: None.






CO 81601.

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