DIVISION 5 WATER COURT- FEBRUARY 2016 RESUME 1. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF FEBRUARY 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. 16CW3020 GARFIELD COUNTY. COLORADO RIVER. Application for Finding of Reasonable Diligence and to Make Absolute in Part. Applicants: Redstone Well, LLC, c/o Balcomb & Green, P.C., PO Drawer 790, Glenwood Springs, CO 81602; 970-945-6546. Iron Mountain Hot Springs LLC, c/o Mark Hermundstad, Williams, Turner & Holmes, P.C., POB 338, Grand Junction, CO 81502; 970-242-6262. Applicants request a finding of reasonable diligence in the development of the cond. water right decreed to the Redstone Well 21-9. Decree Information: Orig. Decree: 10/17/1983, Case No.: 83CW150, Ct.: Dist. Ct., Water Division 5, Colorado. Subsequent diligence decrees: Cases No. 87CW208, 93CW208, 00CW171, and 09CW15, Dist. Ct., Water Division 5. The cond. water right decreed to the Redstone Well 21-9 is subject to the provisions of the Order Adding Terms and Conditions dated 12/27/2002, in Case No. 94CW253, Water Division 5. Decreed location: A well located in the NW1/4 NW1/4, Sec. 9, T. 6 S., R. 89 W., 6th P.M. at a pt. whence the N. Quarter Corner of said Sec. 9 bears N. 77 deg. 05’46” E., 1,913.23 ft., such pt. being 480 ft. from the N. line and 833 ft. from the W. line of Sec. 9. See map attached as Exhibit A to app. Source: A well having a depth of 155 ft., being trib. to the Colorado River. Approp. Date: 6/18/1981. Amt.: 5.45 c.f.s. cond.. Use: Geothermal energy, from geothermal fluid and recovery of geothermal byproducts, including comm., manufacturing, rec. and medicinal purposes. Well Permit Information: Permit No. 460-G. Detailed outline of what has been done toward completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: Applicant Iron Mountain Hot Springs LLC owns the first 100 g.p.m. of the Redstone Well 21-9 water right. Applicant Redstone Well, LLC owns the remainder of the Redstone Well 21-9 water right. The Redstone Well 21-9 was drilled under Permit No. 17-G, which permit was replaced in March 2004 with the issuance of Well Permit 460 G, attached as Exhibit B to app. The Redstone Well 21-9 is connected to the Iron Mountain Hot Springs resort, a commercial hot springs pool and resort located in Glenwood Springs, Colorado and owned by Applicant Iron Mountain Hot Springs LLC. It diverts water for its decreed beneficial uses at the Iron Mountain Hot Springs resort. Construction of the Iron Mountain Hot Springs resort was completed and it opened in 2015. The Iron Mountain Hot Springs resort relies in part upon water diverted from the Redstone Well 21-9 to fill the 16 hot springs soaking pools at the resort. Applicants have maintained the well, well structure, and appurtenances. Applicants incurred significant expenses in this diligence period in connection with the activities described above. The foregoing does not reflect each and every activity of Applicants to place the subject conditional water right to beneficial use, but is illustrative of the continued diligence of the Applicants. Additional work may be performed and additional expenses may be incurred between the date this Application is filed and a decree is entered. Claim to make absolute in part. Applicants request a finding that they have made absolute the subject water right by application to beneficial use. Date of beneficial use: 1/2/2016, by diversion and application to beneficial use at the Iron Mountain Hot Springs resort, see Exhibit C to app. Amt. claimed as absolute: 200 g.p.m. (0.45 cfs), consisting of 100 g.p.m. owned by Applicant Iron Mountain Hot Springs LLC and 100 g.p.m. owned by Applicant Redstone Well, LLC. Amt. to remain cond.: 5.0 c.f.s, all of which is owned by Redstone Well, LLC. Owner of lands upon which modification to existing structure is or will be constructed: Applicant Iron Mountain Hot Springs LLC. (15 pgs). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of APRIL 2016 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 applican t’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. 2. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF FEBRUARY 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. 16CW3021 GARFIELD COUNTY. GROUNDWATER TRIBUTARY TO CATTLE CREEK, TRIBUTARY TO THE ROARING FORK RIVER. Application for Finding of Reasonable Diligence. Applicants: Tina Kim and Robert Clay Velasquez, Robert Lee and Ida Mae Beasley, and Robert Ross Velasquez, c/o Balcomb & Green PC, PO Drawer 790, Glenwood Springs, CO 81602; 970-945-6546. Velasquez/Beasley Well. Orig. decree: decreed on February 24, 2010 in Case No. 08CW40, District Court, Water Division 5. Legal description: located in the SE1/4 SW1/4 of Sec. 10, T. 7 S., R. 88 W., 6th P.M. at a pt. 1,165 ft. N. of the S. Sec. Line and 1,835 E. of the W. Sec. line of said Sec. 10. Sec. 10 is an irregular Sec. Date of Approp.: 1/17/2008. Amt.: 0.033 cfs (15 gpm) cond. Uses: dom. use within two homes, fire protection, irr. of up to 21,000 square ft. of law, and for filling of the Velasquez/Beasley Aug. Tank described below for Aug. of dom. and fire protection uses. Velasquez/Beasley Aug. Tank Pump. Orig. decree: decreed on 2/24/2010 in Case No. 08CW40, District Court, Water Division 5. Legal description: to be located within 200 ft. of a pt. described as being in the SE1/4 SW1/4 Sec. 10, T. 7 S., R. 88 W., 6th P.M. at a pt. 1,052 ft. N. of the S. Sec. line and 1,800 ft. E. of the W. Sec. line of said Sec. 10. Sec. 10 is an irregular Sec. Source: Cattle Creek. Date of Approp.: 1/17/2008. Amt.: 0.033 cfs (15 gpm) cond. Uses: filling of the Velasquez/Beasley Aug. Tank for Aug. of irr., dom., and fire protection uses from the Velasquez/Beasley Well described above. Velasquez/Beasley Aug. Tank. Orig. decree: decreed on 2/24/2010 in Case No. 08CW40,
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DIVISION 5 WATER COURT- FEBRUARY 2016 RESUME
1. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES
COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER
CLERK FOR WATER DIVISION 5 DURING THE MONTH OF FEBRUARY 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.
16CW3020 GARFIELD COUNTY. COLORADO RIVER. Application for Finding of Reasonable Diligence and to Make Absolute
in Part. Applicants: Redstone Well, LLC, c/o Balcomb & Green, P.C., PO Drawer 790, Glenwood Springs, CO 81602; 970-945-6546.
Iron Mountain Hot Springs LLC, c/o Mark Hermundstad, Williams, Turner & Holmes, P.C., POB 338, Grand Junction, CO 81502;
970-242-6262. Applicants request a finding of reasonable diligence in the development of the cond. water right decreed to the
Redstone Well 21-9. Decree Information: Orig. Decree: 10/17/1983, Case No.: 83CW150, Ct.: Dist. Ct., Water Division 5,
Colorado. Subsequent diligence decrees: Cases No. 87CW208, 93CW208, 00CW171, and 09CW15, Dist. Ct., Water Division 5. The
cond. water right decreed to the Redstone Well 21-9 is subject to the provisions of the Order Adding Terms and Conditions dated
12/27/2002, in Case No. 94CW253, Water Division 5. Decreed location: A well located in the NW1/4 NW1/4, Sec. 9, T. 6 S., R. 89
W., 6th P.M. at a pt. whence the N. Quarter Corner of said Sec. 9 bears N. 77 deg. 05’46” E., 1,913.23 ft., such pt. being 480 ft. from
the N. line and 833 ft. from the W. line of Sec. 9. See map attached as Exhibit A to app. Source: A well having a depth of 155 ft.,
being trib. to the Colorado River. Approp. Date: 6/18/1981. Amt.: 5.45 c.f.s. cond.. Use: Geothermal energy, from geothermal fluid
and recovery of geothermal byproducts, including comm., manufacturing, rec. and medicinal purposes. Well Permit Information:
Permit No. 460-G. Detailed outline of what has been done toward completion of the appropriation and application of water to a
beneficial use as conditionally decreed, including expenditures: Applicant Iron Mountain Hot Springs LLC owns the first 100 g.p.m.
of the Redstone Well 21-9 water right. Applicant Redstone Well, LLC owns the remainder of the Redstone Well 21-9 water right.
The Redstone Well 21-9 was drilled under Permit No. 17-G, which permit was replaced in March 2004 with the issuance of Well
Permit 460 G, attached as Exhibit B to app. The Redstone Well 21-9 is connected to the Iron Mountain Hot Springs resort, a
commercial hot springs pool and resort located in Glenwood Springs, Colorado and owned by Applicant Iron Mountain Hot Springs
LLC. It diverts water for its decreed beneficial uses at the Iron Mountain Hot Springs resort. Construction of the Iron Mountain Hot
Springs resort was completed and it opened in 2015. The Iron Mountain Hot Springs resort relies in part upon water diverted from the
Redstone Well 21-9 to fill the 16 hot springs soaking pools at the resort. Applicants have maintained the well, well structure, and
appurtenances. Applicants incurred significant expenses in this diligence period in connection with the activities described above. The
foregoing does not reflect each and every activity of Applicants to place the subject conditional water right to beneficial use, but is
illustrative of the continued diligence of the Applicants. Additional work may be performed and additional expenses may be incurred
between the date this Application is filed and a decree is entered. Claim to make absolute in part. Applicants request a finding that
they have made absolute the subject water right by application to beneficial use. Date of beneficial use: 1/2/2016, by diversion and
application to beneficial use at the Iron Mountain Hot Springs resort, see Exhibit C to app. Amt. claimed as absolute: 200 g.p.m. (0.45
cfs), consisting of 100 g.p.m. owned by Applicant Iron Mountain Hot Springs LLC and 100 g.p.m. owned by Applicant Redstone
Well, LLC. Amt. to remain cond.: 5.0 c.f.s, all of which is owned by Redstone Well, LLC. Owner of lands upon which modification to
existing structure is or will be constructed: Applicant Iron Mountain Hot Springs LLC. (15 pgs).
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of APRIL 2016 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.
2. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES
COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER
CLERK FOR WATER DIVISION 5 DURING THE MONTH OF FEBRUARY 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.
16CW3021 GARFIELD COUNTY. GROUNDWATER TRIBUTARY TO CATTLE CREEK, TRIBUTARY TO THE
ROARING FORK RIVER. Application for Finding of Reasonable Diligence. Applicants: Tina Kim and Robert Clay Velasquez,
Robert Lee and Ida Mae Beasley, and Robert Ross Velasquez, c/o Balcomb & Green PC, PO Drawer 790, Glenwood Springs, CO
81602; 970-945-6546. Velasquez/Beasley Well. Orig. decree: decreed on February 24, 2010 in Case No. 08CW40, District Court,
Water Division 5. Legal description: located in the SE1/4 SW1/4 of Sec. 10, T. 7 S., R. 88 W., 6th P.M. at a pt. 1,165 ft. N. of the S.
Sec. Line and 1,835 E. of the W. Sec. line of said Sec. 10. Sec. 10 is an irregular Sec. Date of Approp.: 1/17/2008. Amt.: 0.033 cfs
(15 gpm) cond. Uses: dom. use within two homes, fire protection, irr. of up to 21,000 square ft. of law, and for filling of the
Velasquez/Beasley Aug. Tank described below for Aug. of dom. and fire protection uses. Velasquez/Beasley Aug. Tank Pump.
Orig. decree: decreed on 2/24/2010 in Case No. 08CW40, District Court, Water Division 5. Legal description: to be located within
200 ft. of a pt. described as being in the SE1/4 SW1/4 Sec. 10, T. 7 S., R. 88 W., 6th P.M. at a pt. 1,052 ft. N. of the S. Sec. line and
1,800 ft. E. of the W. Sec. line of said Sec. 10. Sec. 10 is an irregular Sec. Source: Cattle Creek. Date of Approp.: 1/17/2008. Amt.:
0.033 cfs (15 gpm) cond. Uses: filling of the Velasquez/Beasley Aug. Tank for Aug. of irr., dom., and fire protection uses from the
Velasquez/Beasley Well described above. Velasquez/Beasley Aug. Tank. Orig. decree: decreed on 2/24/2010 in Case No. 08CW40,
FEBRUARY 2016 RESUME
WATER DIVISION 5 PAGE 2
District Court, Water Division 5. Legal description: located in the SE1/4 SW1/4 Sec. 10, T. 7 S., R. 88 W., 6th P.M. at a pt. 1,127 ft.
N. of the S. Sec. line and 1,802 ft. E. of the W. Sec. line of said Sec. 10. Sec. 10 is an irregular Sec. Source: the Velasquez/Beasley
Aug. Tank will fill when it is in priority from either the The Velazquez/Beasley Well; or The Velasquez/Beasley Aug. Tank Pump.
Date of Approp.: 1/17/2008. Amt.: 0.05 AF cond. Active Storage: 0.05 ac-ft. Dead Storage: 0.00 ac-ft. Surface area: n/a,
underground storage tank. Length of dam: n/a, underground storage tank. Uses: Aug. of irr., dom., and fire protection uses from the
Velasquez/Beasley Well described above. Remarks: the Velasquez/Beasley Aug. Tank will consist of one or more underground
storage tank(s) that will store approximately 0.05 AF. As a pre-fabricated underground storage tank, it is constructed so as not to
intercept groundwater. The Velasquez/Beasley Aug. Tank(s) will be installed with low level, gravity flow release mechanism
accessible to the water commissioner. Water released from the Velasquez/Beasley Aug. Tank pursuant to the Plan for Aug. decreed in
08CW40 will accrue to Cattle Creek, at a pt. located in the SE1/4 SW1/4, Sec. 10, T. 7 S., R. 88 W., 6th P.M. at a pt. 1,020 ft. N. of
the S. Sec. Line and 1,802 E. of the W. Sec. line of said Sec. 10. Sec. 10 is an irregular Sec. Applicants have diligently pursued
development of the cond. water rights decreed to Velasquez/Beasley Well, Velasquez/Beasley Aug. Tank Pump, and
Velasquez/Beasley Aug. Tank. A complete list of diligence activities and expenditures is on file with this court. (7 pgs).
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of APRIL 2016 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.
3. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES
COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER
CLERK FOR WATER DIVISION 5 DURING THE MONTH OF FEBRUARY 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.
16CW3022 (08CW111, 88CW449) EAGLE, LAKE, AND PITKIN COUNTIES. Application for a Finding of Reasonable
Diligence. Applicant: Homestake Partners, comprising: The City of Colorado Springs, acting by and through its Enterprise Colorado
Springs Utilities, c/o Brett W. Gracely, 121 South Tejon Street, Colorado Springs, CO 80903; Phone: (719) 668-4052; Email:
[email protected] and: The City of Aurora, acting by and through its Utilities Enterprise, Utilities Department, 15151 E. Alameda
Parkway, Suite 3600, Aurora, CO 80012; Phone: (303) 695-7370; Email: [email protected]. Pleadings should be served
on the attorneys for the Applicant: William A. Paddock, Karl D. Ohlsen, Johanna Hamburger, Carlson, Hammond & Paddock, L.L.C.,
1900 Grant St., Suite 1200, Denver, CO 80203; Phone: (303) 861-9000; Fax: (303) 861-9026; Michael Gustafson, City Attorney’s
Office-Utilities Division, 30 S. Tejon St., Suite 501, P. O. Box 1575, Mail Code 510, Colorado Springs, CO 80901-1575; Phone: (719)
385-6422, Fax: (719) 385-5535; and John M. Dingess, Hamre, Rodriguez, Ostrander & Dingess, P.C., 3600 S. Yosemite Street, Suite
500, Denver, CO 80237-1829; Phone: (303) 779-0200, Fax: (303) 779-3662. 2. Names of Structures: A. Resolution Creek Reservoir,
B. Lower East Fork Reservoir, C. Eagle Park Reservoir, D. Eagle Park Wetland Irrigation System, E. Eagle Park Aquifer Well Field,
F. Homestake Project structures, including: Homestake Conduit, East Fork Conduit, Homestake Tunnel, Homestake Reservoir, Eagle
Arkansas Ditch. 3. Describe conditional water rights: A. Resolution Creek Reservoir: 1. Original Decree: Case No. 88CW449,
District Court Water Division No. 5. 2. Date of Original Decree: August 20, 2002. 3. Location and Legal Description: The dam is
located within the NE1/4 of the NW1/4, the SE1/4 of the NW1/4, the NW1/4 of the NE1/4, and the SW1/4 of the NE1/4 of Section 11,
T.7S, R.80W, of the 6th P.M. The center of the dam axis is located approximately 1,510 feet south of the north section line and 2,410
feet west of the east section line of said Section 11. 4. Source: Resolution Creek and Pearl Creek, tributaries to the Eagle River. 5.
Appropriation Date: December 19, 1988. 6. Amount: 5,000 AF conditional. 7. Use: Wetland creation and irrigation, exchange,
augmentation, recharge, municipal, commercial, industrial, snowmaking, recreation, fishery, wildlife and all other beneficial uses.
More specifically, water in storage can be utilized for the replacement of out of priority consumptive water use associated with
wetland restoration at Eagle Park; the augmentation of transbasin diversions; for purposes of developing vested or conditionally-
decreed water rights, including the Homestake Project, by meeting federal, state, and local permit conditions which necessitate the use
of water resources; and for in-basin use within the Eagle and Colorado River basins. 8. Depth (if well): N/A. B. Lower East Fork
Reservoir: 1. Original Decree: Case No. 88CW449, District Court Water Division No. 5. 2. Date of Original Decree: August 20, 2002.
3. Location and Legal Description: The dam is located within the NE1/4 of the SW1/4, the SE1/4 of the SW1/4, the NW1/4 of the
SE1/4, and the SW1/4 of the SE1/4 of Section 24, T.7S, R.80W, of the 6th P.M. The center of the dam axis is located approximately
1,065 feet north of the south section line and 2,590 feet east of the west section line of said Section 24. 4. Source: East Fork of the
Eagle River and Cataract Creek, tributaries to the Eagle River. 5. Appropriation Date: December 19, 1988. 6. Amount: 2,500 acre feet,