division 5 water court- september 2013 resume 1. … 201… · division 5 water court- september...

DIVISION 5 WATER COURT- SEPTEMBER 2013 RESUME

1. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES

COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER

CLERK FOR WATER DIVISION 5 DURING THE MONTH OF SEPTEMBER 2013. 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.

13CW58 (CA3431 as changed by W-2082) GARFIELD COUNTY-MIDDLE ELK CREEK, TRIBUTARY TO ELK CREEK,

TRIBUTARY TO THE COLORADO RIVER. Charles E. Shupe & Annette R. Wescott; 5320 C.R. 243; New Castle, CO 81647

(970)984-2101. Hadley Consolidated Ditch-Hadley Ditches 1-4 – Application for Change of Water Right. Decreed location: west

bank of Middle Elk Creek in Sec. 23, T.4S., R.91W. of the 6th

P.M. which bears N14º00’West, 4.4 chains (290.4 ft.) from Corner No.

6 of the H.E.S. 54 in said Township and Range. Source: Mid. Elk Creek, trib. Elk Creek, trib. Colorado River. Approp. Date:

March 4, 1921. Amount of water applicants intend to change: 0.3 c.f.s., absolute for irrigation purposes. Proposed change in place of

use to irrigate acreage in: NW¼SW¼ of Sec. 23, T.4S, R.91W. of the 6th

P.M. 1,333 ft. from the south sec. line and 920 ft. from the

west sec. line. Proposed change in point of diversion: NW¼SE¼ of Sec. 26, T.4S, R.91W. of the 6th

P.M. ,2070 ft. from the south sec.

line and 1,976 ft. from the east sec. line. (9 pgs.)

YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 2013 to file with the Water Clerk a

verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be

granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the

applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5,

CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO

81601.






13CW59(07CW28) GARFIELD COUNTY- DRY HOLLOW CREEK TRIBUTARY TO THE COLORADO RIVER. Thomas

S. Platzer; 2694 C.R. 331; Silt, CO 81652 (970)876-2174 and Steven R. Schubert; 3694 C.R. 331; Silt, CO 81652 (970)876-5436. L &

T Pump Station-Application for Finding of Reasonable Diligence. Location: NE¼SW¼ of Sec. 27, T.6S, R.92W. of the 6th

P.M. 1,875

ft. from the south sec. line and 2,120 ft. from the west sec. line. Appropriation: 7.14.92 Amount: 2.1 c.f.s., conditional. Use: 2.0 c.f.s.

for irrigation and 0.1 c.f.s. for domestic and livestock watering. An outline of work performed during the diligence period is included

in the application. (16 pages)




applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5 ,


81601.






13CW60 (04CW6)EAGLE COUNTY- CENTER CREEK TRIBUTARY TO THE FRYING PAN RIVER, TRIBUTARY TO

THE ROARING FORK RIVER TRIBUTARY TO THE COLORADO RIVER. Robert & Ginger Janssen; P.O. Box 1506;

Basalt, CO 81621 (970)618-6410. Janssen Power & Light Pipeline-Application to Make Absolute in Whole or in Part. Location:

NW¼SE¼ of Sec. 5, T.8S, R.86W. of the 6th

P.M. 2,460 ft. from the south sec. line and 1,750 ft. from the east sec. line.

Appropriation: 7.7.97 Amount: 150 g.p.m. Use: micro-hydroelectric generation and fire suppression. An outline of work performed

during the diligence period is included in the application. (8 pgs.)






81601.




SEPTEMBER 2013 RESUME

WATER DIVISION 5 PAGE 2



13CW61 (06CW159) GARFIELD COUNTY-SPRING TRIBUTARY TO EAST ELK CREEK, TRIBUTARY TO MAIN ELK

CREEK, TRIBUTARY TO THE COLORADO RIVER. David & Kammy Young; P.O. Box 3780; Eagle, CO 81631 (970)984-

2137. Young Spring-Application to Make Absolute in Whole or in Part. Location: NE¼NW¼ of Sec. 7, T.5S., R.90W. of the 6th

P.M.

854 ft. from the North sec. line and 1,482 ft. from the West sec. line. Appropriation: 10.13.05 Amount: 0.033 c.f.s, absolute. Uses:

irrigation of one acre and livestock water. An outline of work completed during the diligence period is included in the application. (18

pgs.)






81601.






13CW3043 PITKIN COUNTY, SPRINGS TRIBUTARY TO WOODY CREEK, ROARING FORK RIVER, COLORADO

RIVER. Michael Craig, P O Box 1837, Carbondale, CO 81623, 970-948-9568, [email protected]. Applicant’s

Attorney: Mark A. Hermundstad, Williams, Turner & Holmes, P.C.; 200 North 6th

Street; P.O. Box 338; Grand Junction, CO 81502;

(970) 242-6262; [email protected]. Application for Conditional Surface Water Right and Conditional Water Storage Right.

First Claim: Application For Surface Water Right. Structure: Cleverly Springs, Type: Spring. Legal Description: The point of

diversion of the springs is located in the SE¼ NE¼ SE¼ of Sec. 15, T 9 S, R 85 W, 6th

P.M. UTM coordinates: Northing:

4348121.357; Easting: 339586.893;UTM; Zone 13; Units: meters; NAD83; true North; see map attached to Application as Figure 1.

Source: Springs tributary to Woody Creek, tributary to the Roaring Fork River, tributary to the Colorado River. Appropriation Date:

August 9, 2013. Amount Claimed: 0.022 c.f.s. (10 g.p.m.), conditional. Proposed Use: The Cleverly Springs will be used to fill the

Cleverly Springs Tank, described in the Second Claim, below. The water will then be used for fire protection purposes and for the

irrigation of lawns, gardens, landscaping and other vegetation on Pitkin County Assessor Parcel No. 264314300002, which parcel is

described on Exhibit A, attached to the Application. The maximum area to be irrigated is 1 acre. Landowner: The point of diversion

will be located on land owned by Applicant. Second Claim: Application For Water Storage Right: Name of Storage Facility: Cleverly

Springs Tank; Legal Description: The Cleverly Springs Tank is located in the in the SE¼ NE¼ SE¼ of Sec. 15, T 9 S, R 85 W, 6th

P.M. UTM coordinates: Northing: 4348133.276; Easting: 339569.996; UTM; Zone 13; Units: meters; NAD83; true North; see map

attached to Application as Figure 1. Source: The Cleverly Springs Tank is an off-channel storage facility that will be filled from the

Cleverly Springs, described in the First Claim, above. Name of ditch (spring) used to fill tank and capacity: Cleverly Springs: 0.022

c.f.s.; Legal description of point of diversion: Cleverly Springs: See above. Appropriation Date: August 9, 2013; Amount Claimed:

0.015 acre feet (5,000 gallons), conditional, together with the right to fill and refill the storage tank when water is available in priority.

The Cleverly Springs Tank will be filled by water diverted from the Cleverly Springs at a maximum rate of 0.022 c.f.s. (10 g.p.m.);

Proposed use:The water stored in the Cleverly Springs Tank will be used for fire protection purposes and for the irrigation of lawns,

gardens, landscaping and other vegetation on the parcel of land described above. Dam and Reservoir Information: The Cleverly

Springs Tank will be a storage tank with a maximum capacity of 5,000 gallons. Total Capacity: 0.015 acre feet (5,000 gallons); Active

Capacity: 0.015 acre feet (5,000 gallons); Dead Storage: 0 acre feet Landowner: The storage tank will be located on land owned by

Applicant. (7 pages)






81601.








13CW3044 GARFIELD COUNTY. W. MAMM CREEK AND NANCY AND BARBARA SPRING, TRIBUTARY TO

MAMM CREEK, TRIBUTARY TO THE COLORADO RIVER. Application for Finding of Reasonable Diligence and Notice of

Partial Abandonment. Applicants: Barbara A. Pitman and Nancy S. Pitman, c/o Balcomb & Green, P.C., PO Drawer 790, Glenwood

Springs, CO 81602. Structure: Jonathan Gant Reservoir, First Enl. Desc. of Cond. Water Rights: Orig. Decree: 3/12/1976, Case No.:

W-1622, Dist. Ct, Water Div. No. 5, State of Colorado. Subsequent decrees finding reasonable diligence: Cases No. 80CW440,

84CW44, 88CW49, 94CW40, 00CW144, and 06CW247, all District Court, Water Division 5. Legal Description: NE1/4 NW1/4, Sec.

23, T. 7 S., R. 93 W., 6th P.M. at a pt. whence the N. Quarter Corner of said Sec. 23 bears N. 44 deg. 35’ E., 1,714 ft. Date of Approp:

8/28/1972. Amt: 61.60 AF, cond., Applicants request a finding of diligence on ten of the 61.60 AF and abandon the remaining 51.60

AF. Use: Irr. In the diligence period preceding the filing of this application, Applicants have diligently pursued development of the

subject cond. water rights. Examples of work done to establish diligence are on file with this court. Notice of intent to abandon portion

of water right. Applicants have determined that an additional 10 AF may be stored and put to beneficial use in the Jonathan Gant

Reservoir. Therefore, Applicants provide notice of their intent to abandon the remaining 51.6 AF, cond., decreed to the Jonathan Gant

Reservoir, First Enl. Applicants are claiming diligence on the remaining 10 AF. Applicants are the owners of the land upon which any

new diversion or storage structure of modification to any existing diversion or storage structure or existing storage pool is or will be

constructed or upon which water is or will be stored. (5 pgs.).






81601.





rights must appear to object and protest within the time provided by statute, or be forever barred. 13CW3045 CONCERNING THE APPLICATION FOR WATER RIGHTS OF THE CITY OF COLORADO SPRINGS,

COLORADO, ACTING THROUGH COLORADO SPRINGS UTILITIES, AND THE CITY OF AURORA, COLORADO,

ACTING BY AND THROUGH ITS UTILITY ENTERPRISE, BOTH ACTING BY AND THROUGH THE HOMESTAKE

STEERING COMMITTEE IN THE EAGLE RIVER AND CERTAIN TRIBUTARIES THEREOF, IN EAGLE, LAKE, AND

PITKIN COUNTIES. APPLICATION FOR A FINDING OF DILIGENCE AND TO MAKE WATER RIGHTS ABSOLUTE

IN PART. 1. Name, address and telephone number(s) of Applicants: City of Colorado Springs, acting by and through its enterprise,

Colorado Springs Utilities, c/o Water Services Division, 121 South Tejon Street, MC0950, Colorado Springs, Colorado 80903, Phone:

(719) 668-8000, and: City of Aurora, acting by and through its Utilities Enterprise, c/o Utilities Department, 15151 E. Alameda

Parkway, Suite 3600, Aurora, Colorado 80012, Phone: (303) 695-7370. Both acting through the Homestake Steering Committee.

Pleadings should be served on the undersigned counsel for the Applicants. 2. Names of Structures: A. Homestake Conduit; B. East

Fork Conduit; C. Homestake Tunnel; D. Homestake Reservoir; E. Eagle-Arkansas Ditch, all of which are component parts of the

Homestake Project, a joint venture of the City of Colorado Springs and the City of Aurora. 3. Describe conditional water rights: A.

Date of Original Decree: June 8, 1962; Case No.: CA1193; Court: Eagle County District Court. B. List all subsequent decrees

awarding findings of diligence: (1) September 17, 2007; Case No. 06CW225; Division 5 Water Court; (2) October 2, 2000; Case No.

00CW37; Division 5 Water Court; (3) March 14, 1994; Case No. 90CW117; Division 5 Water Court; (4) March 6, 1987; Case No.

86CW141; Division 5 Water Court; (5) September 27, 1984; Case No. 82CW120; Division 5 Water Court; (6) August 19, 1980; Case

No. W-2321-78; Division 5 Water Court; (7) December 12, 1974; Case No.W-2321; Division 5 Water Court; (8) June 14, 1973; Case

No. W-620; Division 5 Water Court; (9) June 14, 1971; Case No. W-45; Division 5 Water Court; (10) July 10, 1968; Case No. CA-

1193; Eagle County District Court. C. Locations (Legal Descriptions from the most recent decree that adjudicated the locations; N.B.

Decree in 95CW272A, which changed points of diversion of Homestake Conduit): (1) Homestake Conduit. (a) Blodgett Reservoir:

located on Homestake Creek within the NE¼ of the NE¼ of Section 6, T7S, R80W of the 6th

P.M. at a point approximately 1,050 feet

south of the north section line and 800 feet west of the east section line, Eagle County, Colorado. (b) Homestake Creek Intake: located

within the NE¼ of the SE¼ of Section 31, T6S, R80W of the 6th

P.M. Eagle County, Colorado, at a point on Homestake Creek

approximately 1,900 feet North of the South section line and 75 feet West of the East section line. (c) Turkey Creek Intake: located

within the SW¼ of the NW¼ of Section 20, T6S, R80W of the 6th

P.M., Eagle County, Colorado at a point on Turkey Creek

approximately 1,500 feet South of the North section line and 880 feet East of the West section line. (d) Cross Creek Intake of Eagle-

Cross Pump and Pipeline: located within the SE¼ of the SW¼ Section 36, T5S, R81W of the 6th

P.M. at a point on Cross Creek

approximately 2,000 feet East of the West section line and 1,250 feet North of the South section line. (e) Fall Creek Intake of Eagle-

Cross Pump and Pipeline: located within the SW¼ of the NW¼ of Section 13, T6S, R81W of the 6th

P.M. at a point on Fall Creek

approximately 4,300 feet East of the West section line and 2,400 feet South of the North section line. (f) Peterson Creek Intake of



Eagle-Cross Pump and Pipeline: located within the NW¼ of the NE¼ of Section 24, T6S, R81W of the 6

th P.M. at a point on Peterson

Creek approximately 1,400 feet West of the East section line and 1,100 feet South of the North section line. (g) Eagle River Diversion

of Eagle-Cross Pump and Pipeline: located within the SE¼ of the SW¼ of Section 19, T6S, R80W of the 6th

P.M. at a point on the

Eagle River approximately 1,100 feet North of the South section line and 1,750 feet East of the West section line. (h) French Creek

Intake: S 82◦ 18.3’E 20, 988 ft. to NW cor 31-7S-80W. (i) Fancy Creek Intake: N 85

◦ 10.5’E 25, 280 ft. to NW cor 31-7S-80W. (j)

Missouri Creek Intake: N 77◦ 12.4’E 28, 800 ft. to NW cor 31-7S-80W. (k) Sopris Creek Intake: N 74

◦ 7.6’E 29, 848 ft. to NW cor 31-

7S-80W. (l) Peterson Creek Intake: Alternate Point: S 64° 05’E 6,822 ft. to NW cor Section 6, Township 7 South, Range 80 West S

76° 2.9’ E 6, 474 ft. to NW cor Section 6, Township 7 South, Range 80 West. Pursuant to the decree in Case No . 95CW272A, the

structures described in Paragraphs 3.C.(1)(a) – (l) above are points of diversion and alternate points of diversion for the decreed

Homestake Conduit water rights described in Table 1 below:

TABLE 1 – Homestake Conduit

Stream or

Source

of Supply

Diversion Points Amounts

A= Absolute; C=

Conditional

Unnamed Creek (near

Cross Creek below

West Cross confluence

– Homestake Conduit)

Blodgett; Homestake Creek Intake (HC); Turkey Creek Intake

(TC); Cross Creek Intake (CC); Fall Creek Intake (FC);

Peterson Creek Intake of Eagle-Cross Pump and Pipeline

(PC2); Eagle River Intake (ER)

60 cfs C

West Cross Creek Blodgett; HC; TC; CC; FC; PC2; ER 200 cfs C

Cross Creek Blodgett; FC; PC2; ER 300 cfs C

East Cross Creek Blodgett; FC; PC2; ER 130 cfs C

Fall Creek Blodgett; FC; PC2; ER 260 cfs C

Peterson Creek Blodgett; FC; Peterson Creek (PC1); PC2; ER 50 cfs C

Unnamed Creek

(tributary to Homestake

Creek – Homestake

Conduit)

Blodgett; FC; PC2; ER 50 cfs C

Whitney Creek Blodgett; FC; PC2; ER 80 cfs C

French Creek French Creek Intake 60.1 cfs A

French Creek French Creek Intake, Blodgett, HC, TC, CC, FC, PC2, ER 119.9 cfs C

Fancy Creek Fancy Creek Intake 38.6 cfs A

Fancy Creek Fancy Creek Intake; Blodgett, HC, TC, CC, FC, PC2, ER 91.4 cfs C

Missouri Creek Missouri Creek Intake 39.8 cfs A

Missouri Creek Missouri Creek Intake; Blodgett, HC, TC, CC, FC, PC2, ER 80.2 cfs C

Sopris Creek Sopris Creek Intake 41.3 cfs A

Sopris Creek Sopris Creek Intake; Blodgett, HC, TC, CC, FC, PC2, ER 118.7 cfs C

Small unnamed

streams, seeps, sheet

flows and ground

waters along conduit

Blodgett, HC, TC, CC, FC, PC2, ER 120 cfs C



Total . . . . . . . . . . . . 179.8 c.f.s A

1,660.2 c.f.s C

(2) East Fork Conduit. The East Fork Conduit diverts water from the East Fork of Homestake Creek pursuant to its appropriation of

70.8 cubic feet per second of time ABSOLUTE and 189.2 cubic feet per second of time CONDITIONAL therefrom and conveys these

waters to Homestake Reservoir for conveyance to Homestake Tunnel or storage in the reservoir, said East Fork Conduit having a

capacity of 260 cubic feet per second of time and a total length of approximately 3093 feet. The point of diversion of said conduit is

on East Fork Homestake Creek at a point whence the Northwest Corner of Section 31, T7S, R80W bears North 55° 40.5' East, 22,917

feet. (3) Homestake Tunnel. Homestake Tunnel under the Continental Divide for the conveyance of water into the Arkansas River

Basin with its intake located at a point under Homestake Reservoir whence the Northwest corner of Section 10, T9S, R81 W of the 6th

P.M. bears South 15° 27’08” East 26,173.03 feet appropriates a maximum amount of 10 cubic feet per second of time

CONDITIONAL of water seeping and percolating into Homestake Tunnel from former Water District No. 37 areas and 300 cubic feet

per second of time ABSOLUTE from Middle Fork of Homestake Creek, at its said Northerly portal, its point of diversion; said tunnel

has a length of 27,400 feet and a capacity of 700 cubic feet per second of time. The tunnel will convey out of former Water District

No. 37 up to 700 cubic feet per second of time of waters appropriated by the tunnel from the Middle Fork of Homestake Creek,

together with water appropriated by the tunnel from the Homestake Creek and East Fork Conduits and Homestake Reservoir, to an

outlet at a point from where the Northwest corner of Section 10, T9S, R81W of the 6th

P.M. bears North 6°40'52" East, a distance of

2,173.54 feet. (4) Homestake Reservoir. Homestake Reservoir, also known as Elliott-Weers Reservoir, has a capacity of 83,338.98

acre feet CONDITIONAL, is located on Homestake Creek with a dam whence Homestake Peak bears South 73° 26' East 10,477 feet

from the easterly end thereof and South 74° 57' East 13,347 feet from the westerly end thereof, said dam having a maximum height of

411.5 feet and a length of 3,380 feet. The sources of supply of said reservoir are Homestake Conduit (the sources of this conduit as set

forth in paragraph [3.C.(1)], East Fork Conduit (the source of this conduit as set forth in paragraph [3.C.(2)], the Middle Fork of

Homestake Creek and Homestake Creek and said reservoir has appropriated for storage 83,338.98 acre feet annually from said

sources. Homestake Reservoir also conveys water from Homestake Conduit and East Fork Conduit to Homestake Tunnel. Existing

Homestake Reservoir has a storage capacity of 43,504.7 acre feet ABSOLUTE and is located on Homestake Creek with a dam whence

the NW Corner of Section 31, T7S, R80W of the 6th

P.M. bears North 58° 30.6' East 24,659 feet from the East dam abutment and

North 62° 25.8' East 25,746 feet from the West dam abutment; said dam has a maximum height of 265.0 feet and a length of 1,996

feet. The sources of supply of said existing Homestake Reservoir are Homestake Conduit, East Fork Conduit, the Middle Fork of

Homestake Creek and Homestake Creek. Existing Homestake Reservoir has appropriated 43,504.7 acre feet annually from said

sources and also conveys water from Homestake Conduit and East Fork Conduit to Homestake Tunnel. (5) Eagle-Arkansas Ditch. The

Eagle-Arkansas Ditch receives and delivers into the Tennessee Pass Tunnel for conveyance under the Continental Divide and out of

former Water District No. 37 into the Arkansas River Basin the water appropriated from the sources as described in Table 2 below:

TABLE 2 – Eagle-Arkansas Ditch

Stream or

Other Source

of Supply

Point of Diversion

(Bearing and distance to land corners of the Sections, Ranges and

Townships Indicated, all refer to 6th

P.M.)

Amount (c.f.s.)

A = Absolute

C = Conditional

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

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

East Fork Eagle

River

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

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

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

Taylor Gulch S 9◦ 66’55”W 6,128.68 ft. to SW cor Sec 11-8S-80W 20 C

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

Small unnamed streams, springs, seeps, sheet flows and ground water along Eagle-

Arkansas Ditch, one of which is located at a point on an unnamed tributary of the East

Fork of The Eagle River whence the S¼ cor of S¼ cor of Sec 29-7S-79W of the 6th

P.M.

bears S60◦9'47"W, a distance of 1,551.06 ft.

30 C

________



Total . . . . . . . . . . . . 530 C

D. Sources: The Sources of the Homestake Project Water Rights are described in Paragraphs 3.C.(1) through 3.C.(5) above. E.

Appropriation Date: For all water rights of the Homestake Project: September 22, 1952. Amounts: The component parts of the

Homestake Project were awarded conditional priorities in the amounts set forth in paragraphs 3.B.(1) through 3.B.(5) above, and

overall amounts and ditch or reservoir numbers and priority numbers as set forth on Table 3 below:

TABLE 3 – Homestake Project Priorities and Amounts

Number

of

Ditch

Name of

Ditch or Reservoir

Homestake Project

Original

Construction or

Enlargement

Priority

No.

Water

Allowed

A = Absolute

C = Conditional

358 ½ A Homestake Conduit Original 536 ½ A 179.8 cfs A

1660.2 cfs C

358 ½ B East Fork Conduit Original 536 ½ B 70.8 cfs A

189.2 cfs C

358 ½ C Homestake Tunnel Original 536 ½ C 10.0 cfs C (10 cfs is

seepage & percolation)

300 cfs A

358 ½ D Homestake Reservoir Original 536 ½ D 43,504.7AF A

83,338.98AF C

358 ½ E Eagle-Arkansas Ditch Original 536 ½ E 530 cfs C

F. Decreed Uses: (1) The Homestake Project comprises a system of works, including ditches, tunnels and reservoirs, for the collection,

diversion, storage, regulation, and transportation of water to supply the water works and water systems of the City of Colorado

Springs, the City of Aurora and other entities and persons as may use the water from the City of Colorado Springs and City of Aurora

for domestic and municipal uses, and other uses made of water furnished through municipal and other water systems furnishing water

to inhabitants of municipalities and suburban areas, including in such uses, but not by way of limitation or exclusion, domestic and

household uses, industrial, business and mechanical uses, generation of power, sewage treatment, street sprinkling and washing,

watering of parks, lawns and gardens, fire protection and other use as may be necessary or proper to safeguard the health and welfare

of the persons and communities using this water, including such uses as may be necessary, proper, or incident to providing a safe, firm

and adequate supply of water for the present and future water needs of the communities and the inhabitants thereof to be served by this

water supply. (2) In addition, pursuant to the decree in Case No. 95CW272A, the decreed uses include: (a) Exchange, augmentation,

aquifer recharge, municipal, irrigation, commercial, domestic, industrial, snowmaking, recreation, fishery, wetland creation and irrigation,

wildlife and including delivery to the Cities of Aurora and Colorado Springs, Colorado, for all such uses, and for reuse and successive use

to extinction by the Cities of all such water delivered to the Eastern Slope. (b) Description of Non-Irrigation Purposes: Applicants may

utilize the storage rights for purposes of developing their vested or conditionally decreed water rights, including those for the Homestake

Project; for transmountain diversions directly to the Eastern Slope; and for meeting federal, state and local permit conditions that necessitate

the use of water resources. Applicants may also use or transport water from this source for municipal, commercial, domestic, industrial,

snowmaking, recreation, fishery, wildlife, exchange, and augmentation uses in the service areas of the Colorado River Water Conservation

District, the Upper Eagle Regional Water Authority, and the Eagle River Water and Sanitation District as they now or hereafter exist, and

of Cyprus-Climax Metals Company and Vail Associates, as they now exist. Water delivered to the Eastern Slope may be used within any

area capable of being served by these diversion and storage points and the Applicants’ municipal water supply systems for any water supply

obligations of Applicants for municipal and domestic purposes including, but not limited to, fire protection, irrigation of lawns, gardens,

parks, private and municipal facilities, sanitary, commercial, manufacturing, mechanical and industrial use, recreational purposes, creation

and maintenance of wetlands, stock watering, fish and wildlife propagation, allowable instream uses, if any, snowmaking, revegetation,

storage and maintenance of storage reserves, reservoir evaporation replacement, augmentation, exchange, and replacement purposes, and

for use, reuse for successive uses, disposition following initial use, and reuse until extinction. (c) Total Number of Acres Proposed to be

Irrigated: Up to 275 acres within Eagle Park as described below. Applicants also reserve the right to use the water decreed herein for

irrigation purposes within their respective water service areas. Legal Description of Acreage Irrigated or to be Irrigated: The acreage to be

irrigated on the Western Slope is located entirely within T7S, R80W of the 6th P.M in an area comprising approximately 1,450 surface

acres, in the following sections, commonly known as Eagle Park or Camp Hale (“Eagle Park”): Section 3: Part of the SW¼ of the SW¼.

Section 4: Part of the SE¼. Section 9: Part of the E½. Section 10: Part of the W½ of the NW¼, Part of the NW¼ of the SW¼, Part of the

S½ of the SW¼, Part of the SW¼ of the SE¼. Section 15: Part of the W½, Part of the W½ of the NE¼, Part of the SE¼. Section 16: Part of



the E½ of the NE¼, Part of the NW¼ of the NE¼. Section 22: Part of the E½, Part of the E½ of the NW¼, Part of the NE¼ of the SW¼.

Section 23: Part of the S½, Part of the S½ of the NW¼, Part of the SW¼ of the NE¼. Section 24: Part of the SW¼. (d) Augmentation Use.

Augmentation use of the water diverted on the subject rights on the Western Slope may be made in the service areas of the Colorado

River Water Conservation District, the Upper Eagle Regional Water Authority, and the Eagle River Water and Sanitation District, as

they now or hereafter exist and of Cyprus-Climax Metals Company and Vail Associates, as they now exist, pursuant to agreement

with the Applicants and in accordance with the terms of separately decreed augmentation plans providing for such use for the

structures to be augmented. (e) Reuse and Successive Use to Extinction: Water imported to the Eastern Slope may be used, reused,

successively used, and fully consumed on the Eastern Slope. No reuse or successive use of the water rights shall be made on the

Western Slope without a subsequent proceeding confirming such reuse or successive use. The 95CW272A Decree neither precludes

the Applicants or their privies in interest from claiming a right of reuse of the changed water rights on the Western Slope, nor confirms

a right to reuse or successive use of such water on the Western Slope, creates any presumption, shifts the burden of proof, or serves as

a defense in such subsequent proceeding. G. Depth (if well): N/A. 4. Integrated System: The Homestake Project is an integrated water

supply project including the foregoing conditional and absolute water rights and collection, storage, and transmission structures, as

well as additional related water rights and facilities located in the Colorado, Arkansas, and South Platte River basins. Further, the

Homestake Project is integrated into the integrated water supply systems of the City of Colorado Springs and the City of Aurora.

Diligence in the development of any conditional water right or any portion of the integrated systems shall be considered in

determining diligence as to all conditional water rights and portions of the integrated system. 5. 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: A. Diligence activities: The Applicants engaged in extensive work during the diligence period to develop the

subject water rights, comprising work to advance and effect application of the conditional rights to beneficial use, work to maintain

and protect existing infrastructure and water rights needed for development and use of the subject water rights, and work in

maintaining, protecting, and developing the Applicants’ respective integrated water supply systems, including the following: (1)

During the diligence period, the Applicants completed adjudication in the Division 5 Water Court of Case No. 95CW272, an

application for groundwater and surface water rights in the Eagle River Basin, including additional water rights for use in conjunction

with the subject water rights, changes of certain of the subject conditional water rights to allow additional uses and facilitate their

development, and augmentation plans including exchanges to facilitate development of the integrated Homestake Project. The

Applicants engaged in extensive engineering study and negotiations with objectors regarding the water rights at issue in the case; in

2010, they bifurcated the case into surface and groundwater components, completed negotiations with objectors regarding the surface

water case component (95CW272A), and presented their prima facie case in support of entry of a decree in the surface water case

component, which was entered on March 16, 2011. That decree adjudicated changes of water right and exchanges involving the

subject water rights, as well as new surface water rights to be developed and used in conjunction with and as part of the integrated

Homestake Project. (2) On February 24, 2010, the Applicants secured entry of a decree in Case No. 08CW111, Water Division No. 5

confirming diligence and continuing in effect conditional water rights originally decreed in Case No. 88CW449, which comprise part

of the integrated Homestake Project. (3) On October 10, 2010, the Applicants, with certain West Slope co-applicants, secured entry of

a decree in Case No. 09CW107, Water Division No. 5, confirming diligence and continuing in effect water rights originally decreed in

Case No. 98CW270, which involve the subject water rights. (4) During the diligence period, the Applicants have pursued development

of infrastructure required to develop the subject water rights, including the subject water rights decreed to the Eagle-Arkansas Ditch.

To that end, the Applicants have secured engineering studies by staff and outside engineering consultants (Black and Veatch and

Grand River Consulting) of potential diversion, storage, and transmission structures, alinements, and operations to collect and

transport the decreed water. (5) The Applicants continued to pursue development of their groundwater supply project located in the

Camp Hale area of the Eagle River basin during the diligence period. They undertook extensive groundwater engineering and

modeling efforts to characterize the aquifer and its relationship with surface waters; negotiated with objectors regarding the

groundwater component of Case No. 95CW272 (95CW272B); and also secured a decree continuing the conditional groundwater

rights decreed in Case No. 88CW449 (see above). They also negotiated with the Eagle Park Reservoir Company and its members

regarding joint development of a groundwater project in the Camp Hale area. The Applicants subsequently concluded that it would not

be economically feasible under current conditions to develop the additional groundwater sought in Case No. 95CW272B, and

therefore dismissed that portion of Case No. 95CW272 without prejudice in August, 2013. (6) The Applicants continued to pursue

development of a joint project or projects as contemplated by the 1998 Eagle River MOU with Vail Associates, Upper Eagle River

Regional Water Authority, Eagle River Water and Sanitation District, Cypress Climax Mining Company and the Colorado River

Water Conservation District. In pursuit of the project, the Applicants engaged in discussions and negotiations regarding joint

development of the Camp Hale groundwater project (see above), as well as discussion of other potential joint projects and initiatives.

(7) On January 5, 2010, the Applicants entered into a Consolidated Water Exchange Agreement with the Eagle Park Reservoir

Company, Colorado River Water Conservation District, Eagle River Water and Sanitation District, Upper Eagle Regional Water

Authority, and Vail Associates, Inc. revising, consolidating, and expanding prior agreements among the parties by which water is

augmented into Homestake Reservoir and water is released from the reservoir to or for the benefit of the West Slope parties; on

January 26, 2010, Applicant City of Aurora entered into a Water Delivery Agreement with the Eagle Park Reservoir Company

involving the subject water rights. (8) During the diligence period, the Applicants participated in the development of the Upper



Colorado River Wild and Scenic Stakeholder Group Management Plan to protect outstanding resource values in segments 4 through 7

of the Colorado River mainstem that was submitted to the Bureau of Land Management in 2011, and have continued to participate in

the alternative plan proposed and set out in the Management Plan. In this connection, the Applicants have worked to ensure that

development of the subject water rights and the integrated Homestake Project will be consistent with wild and scenic river

management of the Colorado River segments 4 through 7. (9) During the diligence period, the Applicants have participated in the

Camp Hale – Eagle River Headwaters Collaborative, and its efforts to develop initiatives to preserve, protect and rehabilitate the

Camp Hale area. In this connection, the Applicants have worked to ensure that efforts to rehabilitate and/or develop the land areas and

to develop the subject water rights and integrated Homestake Project are consistent and harmonious. (10) During the diligence period,

the Applicants have supported and participated in the Eagle River Watershed Council Board and its activities to protect and enhance

the natural, scenic, and economic values that rivers and tributaries provide, and to promote the interconnected conservation values the

watershed represents to diverse interest groups that benefit from its continued health. In this connection, the Applicants have worked

to ensure that development of the subject water rights and the integrated Homestake Project will be consistent with the watershed

activities, education, and restoration efforts of the Eagle River Watershed Council. (11) During the diligence period, the Applicants

have supported and participated in the Eagle River Watershed Water Quality Data Collection and Assessment Program, which began

with a United States Geological Survey Eagle River Watershed Retrospective Assessment Program. The continued monitoring and

assessment efforts are currently coordinated through the Eagle River Watershed Council to identify water quality conditions and

trends. In this connection, the Applicants have worked to understand water quality conditions and potential negative and positive

effects for potential diversion, storage, transmission alignments and operations to collect and transport the subject water rights. (12)

During the diligence period the Applicants have made capital improvements to existing structures and facilities of the Homestake

Project, including the on-going Homestake Dam Rehabilitation Project. In connection with that project, planning for which began in

2009, the Applicants have obtained land use review and permits from local governmental authorities and the United States Forest

Service, executed an approved Substitute Water Supply Plan to address potential out-of priority diversion during project construction,

and water agreements with the City and County of Denver and the Eagle Park Reservoir Company in furtherance of the SWSP; and

have and continue to execute and supervise design, construction, and project management contracts for project construction, which

began in 2010, and is anticipated to be completed in 2014. (13) During the diligence period, the Applicants, acting individually or

through the Homestake Steering Committee, have participated in numerous water court applications in Water Division No. 5

involving water rights in the Colorado and Eagle River basins in order to protect the subject water rights, water rights of the integrated

Homestake Project, and water rights of the Applicants’ respective integrated water supply systems, including: application of Eagle

Park Reservoir Company, Case No. 03CW292; application of Colorow at Squaw Creek Homeowners Association, Case No.

04CW084; application of Chevron Shale Oil Company, Case No. 05CW225; application of the Town of Avon, Case No. 05CW258;

applications of CRWCD and Colorado Water Trust, Cases No. 05CW264 and 05CW265; applications of the Town of Eagle, Cases

No. 05CW282, 12CW126; application of Laurence, Eleanor and Kenneth Tracht, Case No. 06CW235; application of the Town of

Gypsum, Case No. 07CW123; application of Eagle River Water and Sanitation District, Case No. 08CW77; application of CRWCD,

et al, Case No. 09CW028; application of Upper Eagle Regional Water Authority, Case No. 09CW160; application of Vail Associates,

Case No. 09CW169; application of Upper Eagle River Water Authority, Case No. 11CW92; application of CLP Income Granby, Case

No. 03CW336; application of Town of Carbondale (RICD), Case No. 06CW77; application of Grand County (RICD), Case No.

10CW298. (14) During the diligence period the Applicants have participated in the Recovery Implementation Program (RIP)

recommended in the Programmatic Biological Opinion for endangered Colorado River fish, and in negotiation and drafting of

arrangements and agreements to secure and provide so-called “10825” water as contemplated by the RIP. (15) During the diligence

period, Applicant City of Aurora pursued development of its integrated water supply system, which comprises water rights and

infrastructure in the Colorado, Arkansas, and South Platte River basins, including the Prairie Waters Project, a large comprehensive

water supply, storage, and treatment project in which return flows to the South Platte River from Aurora’s water sources, including

from the subject water rights, are re-diverted. Aurora secured entry of several decrees for the Prairie Waters Project in Water Division

1, including Case Nos. 03CW414 (decreed on August 1, 2007), Case No. 03CW415 (decreed on May 14, 2008), and Case No.

06CW104 (decreed on May 6, 2009) and has filed an application in August 2013 seeking a finding of reasonable diligence for part of

the Prairie Waters Project, Case No. 03CW414, Water Division 1. (16) During the diligence period, Applicant City of Aurora

participated in numerous water court applications in Water Division No. 2 involving water rights in the Arkansas River basin in order

to protect the subject water rights, water rights of the integrated Homestake Project, and water rights of Aurora’s integrated water

supply system, including: application of UAWCD, Case No. 07CW087; application of Ray E. Dawson, Case No. 08CW035;

application of Donala Water and Sanitation District, Case No. 09CW073; application of Parkville Water District, Case No. 09CW149;

application of the Board of County Commissioners of Lake County, Case No. 11CW086; application of ACA Products, Case No.

11CW093; application of Climax Molybdenum Company, Case No. 12CW124. (17) During the diligence period, Applicant City of

Colorado Springs pursued development of its integrated water supply system, which comprises water rights and infrastructure in the

Colorado, Arkansas, and South Platte River basins, including the Continental-Hoosier Diversion System (Blue River). Colorado

Springs secured entry of a decree in Case No. 06CW132 (decreed March 24, 2009) finding diligence and continuing the conditional

water rights of that project, as well as decrees in Cases No. 03CW314 (decreed March 14, 2012) and 03CW320 (decreed November

19, 2012), Water Division No. 5, adjudicating exchanges to the Blue River from various points in the Colorado River basin, including



the Homestake Project, and a plan and method of operation of certain substitution operations involving Colorado Springs’ Blue River

water rights and its Homestake Project water rights, including the subject water rights. Colorado Springs also participated in

negotiations with parties to the 1955 Blue River Decree, the State of Colorado, and others regarding various Blue River Decree

matters, including operations of Green Mountain Reservoir vis-à-vis other Blue River and Colorado River water rights, which have

resulted in an agreed Green Mountain Reservoir Protocol that is pending for adjudication by state and federal courts. Colorado Springs

also participated as an objector in numerous water court cases in Water Division 5 involving water rights in the Blue River basin in

order to protect the subject conditional water rights, the water rights of the integrated Homestake Project, and water rights of Colorado

Springs’ integrated water supply system, including: application of Gary Land and Cattle Company, Cases No. 04CW237 and

04CW238; application of Tiger Run Homeowners Association, Cases No. 06CW68, 06CW71, and 13CW006; application of Strategic

Real Estate, Case No. 06CW253; application of Bill’s Ranch, Case No. 09CW48; applications of Summit County, Cases No.

06CW222 and 10CW43; applications of George and Pamela Beardsley, Cases No. 05CW266 and 05CW267; application of Town of

Breckenridge, Case No. 13CW45; application of Climax Molybdenum Company, Case 12CW176; Application of Snake River Water

District, 12CW175. (18) In addition, during the diligence period, Applicant Colorado Springs continued development of the Southern

Delivery System, a component of its integrated water supply system facilitating delivery of water to the Colorado Springs area.

Colorado Springs completed NEPA review and obtained a Record of Decision approving the project from the Bureau of Reclamation;

secured local land-use permits; and carried out construction of project components. SDS is anticipated to be complete in 2016. B.

Expenditures: The Applicants expended significant amounts in pursuing the diligence activities described above during the diligence

period, including sums tabulated below (covering the period between September, 2006 and September, 2013): (1) Joint Expenditures:

(Integrated Homestake Project). Project Development (capital improvements to existing infrastructure, engineering studies and legal

support): $28,614,272. O&M: $15, 457,377. Total: $44,071,649. (2) Aurora Expenditures: Water Capital Projects (excluding

Homestake): $702,567,000. Prairie Waters Implementation: $508,437,885. Legal Support (Water Court): $268,000. (3) Colorado

Springs Expenditures: Water Capital Projects (excluding Homestake): $446,917,904. SDS: $354,275,494. Legal Support: $374,848. 6.

Claim to make absolute in part: A. French Creek Intake (Homestake Conduit): 1. Structure location: see paragraph 3.C (1)(h). 2. Date

of diversions: July 17, 2008. 3. Details/supporting documentation of diversion and beneficial use: on July 17, 2008, Applicants

measured and diverted in priority 123.34 AF (62.18 cfs) of water into the Homestake Conduit at the French Creek Intake. The water

was conveyed into Homestake Reservoir, and then into the Arkansas River basin via the Homestake Tunnel. It was then conveyed via

the Mt. Elbert Conduit and Forebay, Twin Lakes Reservoir and outlet, Otero Pipeline and Pumping Plant, and Homestake Pipeline, to

storage, treatment, and distribution facilities of the City of Aurora in the South Platte basin and of the City of Colorado Springs in the

Fountain Creek basin. See attached Homestake Project Water Tabulation, July, 2008. 4. Additional amount claimed Absolute: 2.08

c.f.s. Cumulative amount claimed Absolute for this structure: 62.18 c.f.s. Remaining Conditional for this structure: 117.82 c.f.s. 5.

Type and Place of Use: municipal use in the municipal water supply systems of the Cities of Colorado Springs and Aurora. B. East

Fork Conduit: 1. Structure location: see paragraph 3.C (2). 2. Date of diversions: June 5, 2010. 3. Details/supporting documentation of

diversion and beneficial use: on June 5, 2010, Applicants measured and diverted in priority 148.03 AF (74.63 cfs) of water into the

East Fork Conduit. The water was conveyed into Homestake Reservoir, and then into the Arkansas River basin via the Homestake

Tunnel. It was then conveyed via the Mt. Elbert Conduit and Forebay, Twin Lakes Reservoir and outlet, Otero Pipeline and Pumping

Plant, and Homestake Pipeline, to storage, treatment, and distribution facilities of the City of Aurora in the South Platte basin and of

the City of Colorado Springs in the Fountain Creek basin. See attached Homestake Project Water Tabulation, June, 2010. 4.

Additional amount claimed Absolute: 3.83 c.f.s. Cumulative amount claimed Absolute for this structure: 74.63 c.f.s. Remaining

Conditional for this structure: 185.37 c.f.s. 5. Type and Place of Use: municipal use in the municipal water supply systems of the

Cities of Colorado Springs and Aurora. 7. Names and addresses of owner(s) or reputed owners of the land upon which any new

diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which

water is or will be stored, including any modification to the existing storage pool: A. United States Forest Service, Holy Cross Range

District-Dave Neely, District Ranger, P.O. Box 190, Minturn, CO 81645. (Diversion or Storage Structure: Homestake Reservoir; East

Fork Conduit; all Homestake Conduit diversion points; Cataract Creek, Sheep Gulch, East Fork Eagle River, Jones Gulch, and Piney

Creek diversion points of Eagle-Arkansas Ditch). B. United States Forest Service, Leadville Ranger District- Tami Conner, District

Ranger, 2015 N. Poplar St., Leadville, CO 80461. (Diversion or Storage Structure: Homestake Tunnel Inlet and Outlet). C. Marjorie

Westermann, P.O. Box 885, Leadville, CO 80461. (Diversion or Storage Structure: Taylor Gulch diversion of Eagle-Arkansas Ditch).

(Parcel owned is within approximately 100 feet of decreed diversion point). D. Arlon A. Sparkman, 900 W. 7

th Ave. Dr., Broomfield,

CO 80020. (Diversion or Storage Structure: Taylor Gulch diversion of Eagle-Arkansas Ditch). (Parcel owned is within approximately

100 feet of decreed diversion point). E. William D. and Melinda L. Boyd, 2880 So. York St., Denver, CO 80210-6035. (Diversion or

Storage Structure: Fiddler Creek diversion of Eagle-Arkansas Ditch). (Parcel owned is within approximately 100 feet of decreed

diversion point). WHEREFORE, Applicant requests (1) that a finding of reasonable diligence be entered, and the conditional water

rights that are the subject of this application be continued in force; and (2) that the conditional water rights be made absolute as

requested in Paragraph 6 above. (24 pgs.)








81601.






13CW3046 CAPITOL CREEK AND ROARING FORK RIVER. PITKIN COUNTY Applicant: Wieben Ranch, LLC, 201

North Mill Street, Suite 201, Aspen, Colorado 81611, (970) 925-6300; APPLICATION FOR FINDING OF REASONABLE

DILIGENCE. Description of conditional water rights: (1) Capitol Falls Ditch Enlargement. Location: The point of diversion for

the Capitol Falls Ditch Enlargement is located in the NE1/4 SW1/4 NW1/4, Section 35, Township 9 South, Range 87 West of the 6th

Principal Meridian, at a point on the west bank of Capitol Creek about ¾ of a mile below the mouth of Fall Creek and about 200 yards

above what is known as Beaver Dam Falls on Capitol Creek. The description of the point of diversion is derived from the “Findings

and Decree” in CA1907, District Court, Garfield County, Colorado. GPS Coordinates: 319821E, 4343906N, NAD 83, Zone 13 South.

Source: Capitol Creek. Quantity: 1.0 c.f.s. Type of use: Fill and refill Wieben Pond No. 1 and Wieben Pond/Well No. 2 as described

herein, fire protection, stock water, piscatorial, recreational and augmentation. Appropriation date: April 20, 2004. (2) Wieben

Pond No. 1. Location: Wieben Pond No. 1 is located in the SE1/4 NW1/4, Section 18, Township 9 South, Range 86 West of the 6th

Principal Meridian; the outlet for Wieben Pond No. 1 is located 2,600 feet south of the north section line and 2,200 feet east of the

west section line of said Section 18. GPS Coordinates: 323978E, 4348551N, NAD 83, Zone 13 South. Source: Capitol Creek.

Quantity: 5.0 acre feet. Type of use: Fire protection, stock water, piscatorial, recreational and augmentation. Appropriation date:

October 20, 2004. (3) Wieben Pond/Well No. 2. Location: Wieben Pond/Well No. 2 is located in the NW1/4 SE1/4, Section 18,

Township 9 South, Range 86 West of the 6th

Principal Meridian; the outlet point for Wieben Pond/Well No. 2 is 2,330 feet north of the

south section line and 1,710 feet west of the east section line of said Section 18. GPS Coordinates: 324406E, 434839N, NAD 83, Zone

13 South. Source: Ground water tributary to Little Elk Creek, local runoff and the Capitol Falls Ditch Enlargement. Quantity: 4.0

acre feet. Type of use: Stock water, piscatorial and recreational. Appropriation date: May 15, 1980. (4) Wieben Ranch Exchange

Right. Location: As described in the decree in Case No. 06 CW 49. Source: Basalt Water Conservancy District Allotment Contract.

Quantity: 2.0 acre feet. Appropriation date: March 31, 2006. Description of what has been done toward completion or for

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

The Application in this matter contains a detailed description of work undertaken by the Applicant and the expenditures associated

therewith. Remarks: The water rights described in the Application are part of the Applicant’s integrated water supply system for

delivery of water for beneficial use by the Applicant. (5 pages)






81601.






13CW3047 PITKIN COUNTY. ROARING FORK RIVER. LW Development, Inc., c/o Patrick, Miller, Kropf & Noto, P.C., Paul

L. Noto, Esq. and Danielle L. Van Arsdale, Esq., 197 Prospector Drive, Suite 2104A, Aspen, CO 81611, (970) 920-1028.

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

structure: K.N.C.B. Moore Ditch Extension. Description of conditional water right: Original decree: Case No. 05CW291, Division 5

Water Court, September 25, 2007. Diligence decree: N/A. Legal description of point of diversion: On the south bank of an unnamed

gulch at a point from which the SW corner of Section 26, Township 9 South, Range 85 West of the 6th

P.M. bears South 8°08’ West

1304.32 feet (Pitkin County). The PLSS description is in the SW ¼ of the SW ¼ of Section 26, Township 9 South, Range 85 West of

the 6th

P.M. at a point approximately 1,270 feet from the south section line and 201 feet from the west section line. Source: An

unnamed tributary of the Roaring Fork River, sometimes referred to as Trentaz Gulch. Appropriation date: October 13, 2005. Amount:

0.33 c.f.s., conditional, of the 1.0 c.f.s., conditional, originally decreed. Applicant owns 0.33 c.f.s., conditional, out of the K.N.C.B.

Moore Ditch Extension only. Use: To fill and refill the Quinn’s Corner Pond, Lizzy Pea’s Pond, and K Bear’s Point Pond conditional

water rights decreed in Case No. 05CW293, Division 5 Water Court, for subsequent aesthetic, recreational, and piscatorial purposes.



The refill right is for purposes of replacing water storage lost to evaporation and seepage, and may only be exercised when water is

physically and legally available. Detailed outline of work toward completion of appropriation and application of water to a beneficial

use as conditionally decreed, including expenditures is on file with the Court. The name and address of owners or reputed owners of

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

K.N.C.B. Moore Ditch Extension is located upon the common boundary between Applicant’s property, Lot C, and Lot A. Lot A is

owned by: Aspen Lakes Ranch, LLC, c/o Marcia Rojas, 1251 Avenue of the Americas, 50th Floor, New York, NY 10020. (16 pgs.)






81601.






13CW3048 - Aspen Lakes Ranch, LLC, a Colorado limited liability company, c/o Oates, Knezevich, Gardenswartz, Kelly & Morrow,

P.C.Anne Marie McPhee, 533 E. Hopkins Avenue, 3rd

Floor, Aspen, CO 81611, [email protected], (970) 920-1701. APPLICATION

FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE WATER RIGHTS ABSOLUTE, IN PART. K.N.C.B. Moore

Ditch Extension. Date of Original Decree: September 30, 2007, Case No. 05CW291, Water Div. 5. Legal description: The point of

diversion is located on the south bank of an unnamed tributary (sometimes referred to as Trentaz Gulch) at a point from which the SW

corner of Sec. 26, T. 9 S., R. 85 W of the 6th

P.M. bears S. 8 degrees 08 feet W. 1304.32 ft. (PITKIN COUNTY). Source: An

unnamed tributary of the Roaring Fork River, sometimes referred to as Trentaz Gulch. Appropriation Date: 10/13/15. Decreed

Amt: 1.0 c.f.s, cond. Decreed Use: Fill and refill of Paul’s Pond, Aspen Lake, Quinn’s Corner Pond, Lizzy Pea’s Pond and K Bear’s

Point Pond for subsequent aesthetic, piscatorial and recreational purposes. If claim to make absolute: 0.67 c.f.s. Date Applied to

Beneficial Use: 2008. Detailed outline of work performed toward completion of the appropriation and application of water to the

conditional uses decreed during the relevant diligence period, including expenditures: During the intervening diligence period,

Applicant’s predecessor developed one of the properties served by the K.N.C.B. Moore Ditch Extension, including constructing and

filling both Aspen Lake and Paul’s Pond with water from the K.N.C.B. Moore Ditch Extension. Applicant purchased that property in

2010 and has continued to use Applicant’s 0.67 c.f.s. share of the subject water right to fill and refill Aspen Lake and Paul’s Pond for

their decreed uses. Names and address of owners of the land upon which any new diversion structure, or modification to any existing

diversion structure is or will be constructed: The headgate for the K.N.C.B. Ditch Extension is located on the property line of

Applicant and LW Development, Inc., c/o Robert Bowden, P.O. Box 1470, Aspen, CO 81612. Remarks or any other pertinent

information: Applicant is the owner of 0.67 c.f.s of the 1.0 c.f.s decreed to the K.N.C.B. Moore Ditch Extension and is only seeking a

decree making Applicant’s share of the water right absolute. A separate application for a finding of reasonable diligence is being filed

by LW Development, Inc., the owner of the remaining 0.33 c.f.s of the water right. (5 pgs.)






81601.






13CW3049 - Aspen Lakes Ranch, LLC, c/o Oates, Knezevich, Gardenswartz, Kelly & Morrow, P.C., Anne Marie McPhee, 533 E.

Hopkins Avenue, 3rd

Floor, Aspen, CO 81611, [email protected], (970) 920-1701. FIRST CLAIM: Aspen Lake. Date of Original

Decree: 10/2/07. Case No. 05CW293. Water Div. 5. Legal description: The centerline of the dam is located in the SE 1/4 of the SE

1/4, Sec. 27, T. 9 S., R. 85 W. of the Sixth P.M., at a point approximately 1356 ft. N. of the S. Sec. Line and 180 ft. W. of the E. Sec.

Line of said Sec. 27 (Pitkin County). Source: An unnamed tributary of the Roaring Fork River, sometimes referred to as

Trentaz Gulch. Approp Date: 10/13/05. Decreed Amt: 2.70 af., cond., with the right to fill and refill whenever water is physically and

mailto:[email protected]

mailto:[email protected]



legally available. Decreed Use: Aesthetic, pisc. and rec. If claim to make absolute: 2.70 af. for all decreed uses. Date Applied to

Beneficial Use: 2008. SECOND CLAIM: Paul’s Pond. Date of Original Decree: 10/2/07. Case No. 05CW293. Water Div. 5. Legal

description: The centerline of the dam is located in the SW 1/4 of the SW 1/4, Sec. 26, T. 9 S., R. 85 W. of the Sixth P.M., at a point

approximately 1301 ft. N. of the S. Sec. Line and 25 ft. E. of the W. Sec. Line of said Sec. 26 (PITKIN COUNTY). Source: An

unnamed tributary of the Roaring Fork River, sometimes referred to as Trentaz Gulch. Approp. Date: 10/13/05. Decreed Amt: 0.69 af.,

cond., with the right to fill and refill whenever water is physically and legally available. Decreed Use: Aesthetic, pisc. and rec. If

claim to make absolute: 0.69 af. for all decreed uses. Date Applied to Beneficial Use: 2008. Detailed outline of work performed

toward completion of the appropriation and application of water to the conditional uses decreed during the relevant diligence period,

including expenditures: During the intervening diligence period, Applicant’s predecessor developed the property where Aspen Lake

and Paul’s Pond are located, including constructing and filling both Aspen Lake and Paul’s Pond to their full decreed amount.

Applicant purchased that property in 2010 and has continued to use and maintain the ponds for their decreed uses. Applicant has also

maintained a Basalt Water Conservancy District contract necessary to replace evaporative losses from the ponds. Name and address of

owner of the land upon which storage structure is constructed and upon which water is stored: Applicant. (5 pgs.)






81601.






13CW3050 (MESA AND GARFIELD COUNTIES) Application for Change of Water Right. Applicant: Estate of Kenneth Donn

Hitchborn, c/o John T. Howe, Hoskin Farina & Kampf, P.C., 200 Grand Avenue, Suite 400, Grand Junction, Colorado 81501; (970)

986-3400. FIRST CLAIM: Name of Structure: Williams Irrigating Ditch. Decrees: February 7, 1890, Civil Action 273, Mesa County

District Court; March 15, 1917, Civil Action 3236, Mesa County District Court. Decreed Source: Big Salt Wash, tributary to the

Colorado River. Decreed Location: East bank of Big Salt Wash 240 rods above the junction with Coal Creek. Use: irrigation.

Appropriation Date: August 8, 1884. Quantity: 1.71 c.f.s. absolute. Description of Change: Applicant seeks to change the decreed

point of diversion for the Williams Irrigating Ditch to the Hitchborn Diversion No. 2, located in the SW¼ NE¼, Section 23, T 8 S, R

102 W, 6th P.M., 1585 feet from the South section line and 1604 feet from the East section line, Mesa County, Colorado. No change is

sought with respect to the historic place or type of use of the Williams Irrigating Ditch. The Williams Irrigating Ditch has been

diverted at the Hitchborn Diversion No. 2 for a number of years. There are no decreed points of diversion, other than those owned by

the Applicant, and no significant sources of water that join Big Salt Wash between the decreed point of diversion and the Hitchborn

Diversion No. 2. SECOND CLAIM: Name of Structure: Gavin Canal. Decree: June 1, 1916, Civil Action 2635, Mesa County District

Court. Decreed Source: Big Salt Wash, tributary to the Colorado River. Decreed Location: The headgate of the Gavin Canal is located

at a point on the east bank of Big Salt Wash, whence the northwest corner of Section 13, Township 8 South, Range 102 West, of the

6th P.M. bears West 4° 32' North, 688 feet. Use: irrigation. Appropriation Date: March 10, 1914. Quantity: 1.44 c.f.s. absolute.

Description of Change: Applicant seeks to change the decreed point of diversion for the Gavin Canal to the Hitchborn Diversion No.

2, located in the SW¼ NE¼ of Section 23, T 8 S, R 102 W, 6th P.M., 1585 feet from the South section line and 1604 feet from the

East section line, Mesa County, Colorado. No change is sought with respect to the historic place or type of use of the Gavin Canal.

The Gavin Canal has been diverted at the Hitchborn Diversion No. 2 for a number of years. There are no decreed points of diversion,

other than those owned by the Applicant, and no significant sources of water that join Big Salt Wash between the decreed point of

diversion and the Hitchborn Diversion No. 2. THIRD CLAIM: Name of Structure: Upper Salt Wash Ditch. Decrees: February 7, 1890,

Civil Action 273, Mesa County District Court; June 1, 1916, Civil Action 2635, Mesa County District Court. Decreed Source: Big Salt

Wash, tributary to the Colorado River. Decreed Location: a point on the westerly bank of Big Salt Wash, whence the northeast corner

of Section Twenty-Three, T 8 S, R 102 W, of the 6th P.M., bears East 1° 58’ North, 1997 feet. Use: irrigation. Appropriation Date:

August 18, 1884. Quantity: 2.42 c.f.s. absolute. Description of Change: Applicant seeks to change the decreed point of diversion for

the Upper Salt Wash Ditch to the Hitchborn Diversion No. 1 located in the SW¼ SW¼ of Section 12, T 8 S, R 102 W, 6th P.M., 205

feet from the South section line and 701 feet from the West section line, Garfield County, Colorado. The Upper Salt Wash Ditch has

been diverted at the Hitchborn Diversion No. 1 for a number of years. No change is sought with respect to the historic place or type of

use of the Upper Salt Wash Ditch. There are no decreed points of diversion, other than those owned by the Applicant, and no

significant sources of water that join Big Salt Wash between the decreed point of diversion and the Hitchborn Diversion No. 1.

Landowner: No new structure or modification to any existing structure is required. The changed points of diversion are located on

land administered by the Bureau of Land Management, Grand Junction Field Office, 2815 H Road, Grand Junction, Colorado 81506








81601.






13CW3051 SHAYNE M. YOUNG, Shayne M. Young, 894 25 Road, Grand Junction, Colorado 81505; Attorney: John P. Justus,

Esq., HOSKIN FARINA & KAMPF, Professional Corporation, 200 Grand Avenue, Suite 400, Post Office Box 40, Grand Junction,

Colorado 81502-0040. APPLICATION FOR UNDERGROUND WATER RIGHT, WATER STORAGE RIGHT, AND

APPROVAL OF PLAN FOR AUGMENTATION in MESA COUNTY. Application for Underground Water Right. Name(s) of

well(s) and permit, registration, or denial number(s): Gunderson Well, Well Permit Number 154197. A new well permit for an

existing structure will be obtained for the well following issuance of the decree in response to this application. Legal description of

well: a. Location information in UTM format (Preferred): Easting 246478, Northing 4348604, UTM Zone 13, NAD83. b. Legal

Description Using the Public Land Survey System (PLSS): The Gunderson Well is located in the SE1/4 of the NE1/4 of Section 25,

Township 9 South, Range 95 West of the 6th P.M., approximately 2100 feet from the North section line and 1220 feet from the East

section line, Mesa County, Colorado. Source of water: Groundwater tributary to Plateau Creek, a tributary to the Colorado River.

Depth of well: Estimated depth of 120 feet. Appropriation: a. Date of appropriation: May 22, 1989. b. How appropriation was

initiated: Submission of well permit application. c. Date water applied to beneficial use: June 1989. Amount : a. Amount claimed in

gallons per minute (gpm): Absolute 15 gpm; b. Amount claimed in acre feet annually: Absolute 0.5 acre-feet. List All Uses or

Proposed Uses: Household use, domestic use, and fire protection on a one acre parcel located in the SE1/4 of the NE1/4 of Section 25,

Township 9 South, Range 95 West of the 6th P.M., (the “Parcel”). The general location of the Applicant’s property, Parcel, and the

Gunderson Well are shown in Figure 1 to the Application. Application for Water Storage Right. Name of Storage Structure: The

Young Augmentation Tank. Legal description of location of Storage Structure. a. Approximate coordinates in UTM format using

DWR AquaMap: Easting 246527, Northing 4348580, UTM Zone 13, NAD83. The anticipated location of the Young Augmentation

Tank is shown in Figure 1. b. Legal Description Using the Public Land Survey System (PLSS): It is anticipated that the Young

Augmentation Tank will be located in the SE1/4 of the NE1/4 of Section 25, Township 9 South, Range 95 West of the 6th P.M.,

approximately 2150 feet from the North section line and 1050 feet from the East section line, Mesa County, Colorado. Source: Plateau

Creek, a tributary to the Colorado River. If filled from a ditch: a. Name(s) of ditch(es) used to fill: Hoosier Ditch. b. Legal

description of each point of diversion: i. Approximate coordinates in UTM format using DWR AquaMap: Easting 250864.4,

Northing 4349924, UTM Zone 13, NAD83. The location of the headgate of the Hoosier Ditch is shown in Figure 2 to the

Application. ii. Legal Description Using the Public Land Survey System (PLSS): The headgate of the Hoosier Ditch is located in the

SE1/4 of the NW1/4, Section 21, Township 9 South, Range, 94 West of the 6th P.M., approximately 2326 feet from the North section

line and 2670 feet from the East section line, Mesa County, Colorado. Appropriation: a. Date of appropriation: September 30, 2013.

b. How appropriation was initiated: By the filing of this application. Amount claimed: a. In acre feet: 0.031 acre-feet (10,000

gallons), conditional together with the right to fill and re-fill, in priority. b. If filled from a ditch, rate of diversion for filling the

storage tank: Conditional 0.12 cfs (54 gpm). List All Uses or Proposed Uses: Augmentation, irrigation, stock watering, and fire

protection. Structure dimensions: Structure is anticipated to consist of a water storage tank of approximately 10,000 gallons (0.031

acre-feet). Application for Approval of Plan for Augmentation. Name(s) of structure(s) to be augmented: Gunderson Well, described

above. Water right(s) to be used for augmentation: The Young Augmentation Tank, described above. Complete statement of

plan for augmentation. a. Applicant owns the real property illustrated in Figure 1 of the Application (“Applicant’s Property”). One

residence currently exists on the Applicant’s Property. The Gunderson Well is currently the only well on Applicant’s Property and is

currently permitted as an exempt well pursuant to § 37-92-602(3)(b)(II)(A). However, Applicant wishes to subdivide the Applicant’s

Property into two separate parcels consisting of a one acre parcel containing the existing residence, previously defined as the “Parcel”,

and an approximately one hundred fourteen (114) acre parcel, currently in agricultural production, upon which a second residence may

be constructed in the future (the “Agricultural Parcel”). The Gunderson Well will supply water for domestic and household purposes

to the Parcel only. Currently, the State Engineer’s interpretation and application of § 37-92-602(3)(b)(III), requires that a court

approved augmentation plan be completed approved in the event of a subdivision of Applicant’s Property in order for use of the

Gunderson Well to continue on the Parcel. A below ground septic system is used to treat wastewater from the residence on the Parcel.

Both Plateau Creek and the Colorado River downstream of its confluence with Plateau Creek are over-appropriated and are potentially

subject to a call during the irrigation season, extending from approximately April 1 through October 31 of each year. This

augmentation plan has been developed to replace out-of-priority depletions to Plateau Creek attributable to the use of the Gunderson



Well on the Parcel. Water Demands and Depletions: Anticipated monthly diversions and depletions attributable to the Gunderson

Well are set forth in Table 1 to the Application. Applicant has estimated timing of depletions to Plateau Creek utilizing the Well

Pumping Depletion Model (©2001, Western Water Consulting, Inc.). Diversion estimates for domestic in-house use assume a daily

demand of 100 gallons per person, 4.0 persons per residence. Depletions are assumed to be 10% of diversions for domestic in house

uses, with the remainder returning to the stream system from the leach fields. Total average annual diversions for household and

domestic uses are projected to be approximately 146,003 gallons (0.448 acre-feet), and total annual depletions to Plateau Creek are

projected to be approximately 14,600 gallons 0.0448 acre-feet) per year. During the irrigation season (April through October), total

diversions are projected to be approximately 85,712 gallons (0.263 acre-feet) and total depletions are projected to be approximately

8,571 gallons (0.0263 acre-feet). Operation of Augmentation Plan: A call may be placed against the Gunderson Well by senior water

rights on Plateau Creek or the Colorado River at any time during the irrigation season extending from April 1 through October 31 of

each year. The Gunderson Well will generally be in priority from November 1 through March 31. During periods of downstream call,

measured releases of water from the Young Augmentation Tank will be made to Plateau Creek to replace depletions from the

Gunderson Well. A water balance showing how the monthly depletions attributable to the Gunderson Well will be replaced with

releases from the Young Augmentation Tank during the irrigation season is set forth in Table 2 to the Application. Actual releases

will depend on the period of call and the amount of actual depletions attributable to the Gunderson Well affecting Plateau Creek

during the relevant call period. Applicant will install such measuring devices as may reasonably be required by the Division Engineer

to facilitate the operation of this plan for augmentation and to assure compliance therewith. This plan for augmentation will not

injuriously affect the owner of or persons entitled to use water under a vested water right or decreed conditional water right. 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 pool. Applicant is the owner of the lands upon which the Gunderson Well and the Young

Augmentation Tank are or will be located. YT Ranch LLC, P.O. Box 27570, Houston, TX 81624 is the owner of the land upon which

the headgate of the Hoosier Ditch is located. The Applicant will notify these persons that the Applicant is applying for a water storage

right to be diverted at the headgate of the Hoosier Ditch no later than 14 days after filing this application. (Application is 7 pages in

length with five exhibits).






81601.






13CW3052 (09CW22 & 10CW189) EAGLE AND GARFIELD COUNTIES. Colorado River. Applicants: Richard and Marcy

Woodrow, P.O. Box 9149, Avon, CO 81620, c/o Garfield & Hecht, P.C., 420 7th

Street, Suite 100, Glenwood Springs, CO 81601,

phone (970)947-1936. APPLICATION TO MAKE CONDITIONAL WATER RIGHTS ABSOLUTE. First Claim. Name of structure:

Opotowsky Pump & Pipeline. Original Decree: Entered on January 10, 1994 in Case No. 93CW181, District Court, Water Division

No. 5. Subsequent Decrees: Decrees finding reasonable diligence were entered in Case No. 00CW08 on March 10, 2003 and in Case

No. 09CW22 on January 11, 2010. The Opotowsky Pump & Pipeline is augmented pursuant to decree adjudicating a plan for

augmentation and appropriative right of exchange entered on April 3, 2011 in Case No. 10CW189. Location: The point of diversion is

located in the SE1/4 SW1/4 of Section 1, Township 2 South, Range 84 West of the 6th

P.M. at a point 920 feet north of the South

section line and 2,630 feet east of the West section line of said Section 1. Source: Colorado River. Date of Appropriation: January 29,

1992. Amount: 0.25 c.f.s. Uses: Irrigation, stockwater, fire protection, and storage purposes. Claim to Make Absolute: Applicants

request the Court to adjudge and decree that the Opotowsky Pump & Pipeline water right has been made absolute and unconditional as

follows: Date water applied to beneficial use: June 4, 2011. Amount: 0.25 c.f.s. Diversions were made in priority, as there was no call

on the mainstem of the Colorado River during the 2011 irrigation season. Uses: Irrigation, stockwater, fire protection, and storage.

Description of place of use where water is applied to beneficial use: Applicants’ property, described as a parcel of land in Eagle

County, Colorado, located in the West ½ Southeast ¼ and the Southeast ¼ Southwest ¼ of Section 1, Township 2 South, Range 84

West of the 6th

P.M., also known as Tract 47, in Section 1, Township 2 South, Range 84 West of the 6th

P.M., according to the

Independent Resurvey of said Section accepted by the General Land Office April 15, 1919. See the property and water right location

map attached to the Application. Second Claim. Description of right: Appropriative Right of Exchange. Original Decree: Entered on

April 3, 2011 in Case No. 10CW189, District Court, Water Division No. 5. Location: The affected stream reach of the exchange is the

Colorado River from the confluence with the Roaring Fork River (downstream terminus) up to the point of diversion of the



Opotowsky Pump & Pipeline (upstream terminus). Downstream terminus: Confluence of the Roaring Fork and Colorado Rivers,

located in the SE1/4 of the NW1/4 of Section 9, Township 6 South, Range 89 West of the 6th

P.M., 2382 feet east of the West section

line and 2195 feet south of the North section line of said Section 9. Upstream terminus: The point of diversion of the Opotowsky

Pump & Pipeline is located in the SE1/4 SW1/4 of Section 1, Township 2 South, Range 84 West of the 6th

P.M. at a point 920 feet

north of the South section line and 2,630 feet east of the West section line of said Section 1. Date of Appropriation: June 30, 2010.

Rate: 0.25 c.f.s. Uses: irrigation and stockwater. Claim to Make Appropriative Right of Exchange Absolute: Applicants request the

Court to adjudge and decree that their appropriative right of exchange has been made absolute and unconditional as follows: Date

water applied to beneficial use: July 31, 2013. Amount: 0.25 c.f.s. In 2013, releases were made from Ruedi Reservoir pursuant to the

Applicants’ plan for augmentation during times when the “Shoshone call” was off and the “Cameo call” was on, thereby allowing the

Applicants to operate their appropriative right of exchange. Uses: Irrigation and stockwater. Description of place of use where water is

applied to beneficial use: Applicants’ property, described above. See the property and water right location map attached to the

Application. Name and address of the owner of land on which the subject water right is located and on which water is used:

Applicants. Wherefore, the Applicants respectfully request this Court to issue a decree making the subject water right and

appropriative right of exchange absolute as set forth herein.






81601.

division 5 water court- september 2013 resume 1. … 201… · division 5 water court- september...

Documents