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, 6 th 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, 6 th 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.
39
Embed
DIVISION 5 WATER COURT- DECEMBER 2016 RESUME … · 2017. 1. 12. · DIVISION 5 WATER COURT- DECEMBER 2016 RESUME SUBSTITUTE WATER SUPPLY PLAN NOTIFICATION LIST Section 37-92-308(6),
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
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
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.
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.
5. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES
COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER
CLERK FOR WATER DIVISION 5 DURING THE MONTH OF 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.
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
DECEMBER 2016 RESUME
WATER DIVISION 5 PAGE 5
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.
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.
6. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES
COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER
CLERK FOR WATER DIVISION 5 DURING THE MONTH OF 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.
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
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. 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
DECEMBER 2016 RESUME
WATER DIVISION 5 PAGE 6
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
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. 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)
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.
7. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES
COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER
CLERK FOR WATER DIVISION 5 DURING THE MONTH OF 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.
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
DECEMBER 2016 RESUME
WATER DIVISION 5 PAGE 7
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).
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.
8. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES
COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER
CLERK FOR WATER DIVISION 5 DURING THE MONTH OF 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. 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
DECEMBER 2016 RESUME
WATER DIVISION 5 PAGE 8
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:
DECEMBER 2016 RESUME
WATER DIVISION 5 PAGE 9
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
DECEMBER 2016 RESUME
WATER DIVISION 5 PAGE 10
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)
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.
9. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES
COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER
CLERK FOR WATER DIVISION 5 DURING THE MONTH OF 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.
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.
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.
10. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES
COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER
CLERK FOR WATER DIVISION 5 DURING THE MONTH OF 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. 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
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.
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.
12. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES
COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER
CLERK FOR WATER DIVISION 5 DURING THE MONTH OF 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. 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
DECEMBER 2016 RESUME
WATER DIVISION 5 PAGE 14
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
DECEMBER 2016 RESUME
WATER DIVISION 5 PAGE 15
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).
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.
13. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES
COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER
CLERK FOR WATER DIVISION 5 DURING THE MONTH OF 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. 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
DECEMBER 2016 RESUME
WATER DIVISION 5 PAGE 16
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.
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.
14. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES
COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER
CLERK FOR WATER DIVISION 5 DURING THE MONTH OF 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.
DECEMBER 2016 RESUME
WATER DIVISION 5 PAGE 17
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)
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.
15. 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.
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
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°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
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
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
Section 30, Township 7 South, Range 87 West of the 6th
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.
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.
16. 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. 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
DECEMBER 2016 RESUME
WATER DIVISION 5 PAGE 19
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
DECEMBER 2016 RESUME
WATER DIVISION 5 PAGE 20
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)
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.
17. 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. 16CW3174 GARFIELD COUNTY. COLORADO RIVER. Application for Finding of Reasonable Diligence and to Make
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.
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.
18. 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.
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
DECEMBER 2016 RESUME
WATER DIVISION 5 PAGE 21
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
structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool:
Applicant.
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.
19. 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. 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
DECEMBER 2016 RESUME
WATER DIVISION 5 PAGE 22
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 W-1884 0.308
Olsen Reservoir No. 1.5 W-2907 3.0
Olsen Reservoir No. 2 W-1885 2.511
Olsen Reservoir No. 4 W-1887 2.364
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.
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.
20. 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.
DECEMBER 2016 RESUME
WATER DIVISION 5 PAGE 23
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:
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.
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.
21. 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.
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,
DECEMBER 2016 RESUME
WATER DIVISION 5 PAGE 24
[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
DECEMBER 2016 RESUME
WATER DIVISION 5 PAGE 25
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)
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.
22. 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.
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
DECEMBER 2016 RESUME
WATER DIVISION 5 PAGE 26
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
DECEMBER 2016 RESUME
WATER DIVISION 5 PAGE 27
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).
DECEMBER 2016 RESUME
WATER DIVISION 5 PAGE 28
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.
23. 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. 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
DECEMBER 2016 RESUME
WATER DIVISION 5 PAGE 29
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
DECEMBER 2016 RESUME
WATER DIVISION 5 PAGE 30
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
DECEMBER 2016 RESUME
WATER DIVISION 5 PAGE 31
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)
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.
DECEMBER 2016 RESUME
WATER DIVISION 5 PAGE 32
24. 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.
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