DIVISION 5 WATER COURT- SEPTEMBER 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 SEPTEMBER 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. 16CW11 (09CW110)GRAND COUNTY-COLORADO RIVER. John & Catherine Logan; P.O. Box 4058; Granby, CO 80446 (816)769-6124. Northern Colorado Mountain Corporation Well #10-Application to Make Absolute in Whole or in Part. Location: SW¼SW¼ of Sec. 22, T.2N, R.76W. of the 6 th P.M. 335 ft. from the south sec. line and 320 ft. from the east sec. line. Appropriation: Dec. 18, 1980. Amount: 1.3 g.p.m., absolute. Use: household. An outline of work performed during the diligence period is included in the application. (12 pgs.) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 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 Ru le 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 SEPTEMBER 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. 16CW12 (09CW110)GRAND COUNTY-COLORADO RIVER. Leonard & Tara Owens; 7683 Loveland Ct., Arvada, CO 80007 (928)200-7902; Northern Colorado Mountain Corporation Well No. 5-Application for Finding of Reasonable Diligence. Location: SE¼SE¼ if Sec.21, T.2N, R.76W. of the 6 th P.M. 900 ft. from the south sec. line and 680 from the east sec. line. Appropriation: Dec. 18, 1980. Amount: 0.022 c.f.s., conditional. Use: household only. An outline of work performed during the diligence period is included in the application. (7 pgs.) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 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 SEPTEMBER 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. 16CW13 (08CW131) SUMMIT COUNTY-SWAN RIVER TRIBUTARY TO THE COLORADO RIVER. Cynthia Hayes; 27735 Este Pona; Mission Viejo, CA 92691 (949)205-9530; David Hayes; 36 Talmont; Newport Coast, CA 92657 (949)629-8552. Summit Estates 3, Well No. 12-Application for Finding of Reasonable Diligence. Location: NE¼SW¼ of Sec. 16, T.6S, R.77W. of the 6 th P.M. 2,625 ft. form the south sec. line and 2,000 ft. from the west sec. line. Appropriation: Dec. 31, 1987. Amount: 15.0 g.p.m., conditional. Use: in-house domestic. An outline of work performed during the diligence period is included in the application. (49 pgs.) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 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 Ru le 5, CRCP. (Filing Fee: $158.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 4. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF SEPTEMBER 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. 16CW14 MESA COUNTY-UNNAMED TRIBUTARY TO PLATEAU CREEK TRIBUTARY TO THE COLORADO RIVER. Mary Nichols; P.O. Box 183; Mesa, CO 81643 (970)268-5514 and Mike Nichols; P.O. Box 167; Mesa, CO 81643 (970)985-0245. Nichols Domestic Water-Application for Absolute Water Rights (Surface). Location: SW¼SW¼ of Sec. 15, T.10S, R.96W. of the 6 th
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DIVISION 5 WATER COURT- SEPTEMBER 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 SEPTEMBER 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.
16CW11 (09CW110)GRAND COUNTY-COLORADO RIVER. John & Catherine Logan; P.O. Box 4058; Granby, CO 80446
(816)769-6124. Northern Colorado Mountain Corporation Well #10-Application to Make Absolute in Whole or in Part. Location:
SW¼SW¼ of Sec. 22, T.2N, R.76W. of the 6th
P.M. 335 ft. from the south sec. line and 320 ft. from the east sec. line. Appropriation:
Dec. 18, 1980. Amount: 1.3 g.p.m., absolute. Use: household. An outline of work performed during the diligence period is included in
the application. (12 pgs.)
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 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 SEPTEMBER 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.
16CW12 (09CW110)GRAND COUNTY-COLORADO RIVER. Leonard & Tara Owens; 7683 Loveland Ct., Arvada, CO 80007
(928)200-7902; Northern Colorado Mountain Corporation Well No. 5-Application for Finding of Reasonable Diligence. Location:
SE¼SE¼ if Sec.21, T.2N, R.76W. of the 6th
P.M. 900 ft. from the south sec. line and 680 from the east sec. line. Appropriation: Dec.
18, 1980. Amount: 0.022 c.f.s., conditional. Use: household only. An outline of work performed during the diligence period is
included in the application. (7 pgs.)
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 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 SEPTEMBER 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.
16CW13 (08CW131) SUMMIT COUNTY-SWAN RIVER TRIBUTARY TO THE COLORADO RIVER. Cynthia Hayes;
27735 Este Pona; Mission Viejo, CA 92691 (949)205-9530; David Hayes; 36 Talmont; Newport Coast, CA 92657 (949)629-8552.
Summit Estates 3, Well No. 12-Application for Finding of Reasonable Diligence. Location: NE¼SW¼ of Sec. 16, T.6S, R.77W. of
the 6th
P.M. 2,625 ft. form the south sec. line and 2,000 ft. from the west sec. line. Appropriation: Dec. 31, 1987. Amount: 15.0 g.p.m.,
conditional. Use: in-house domestic. An outline of work performed during the diligence period is included in the application. (49 pgs.)
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 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.
4. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES
COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER
CLERK FOR WATER DIVISION 5 DURING THE MONTH OF SEPTEMBER 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.
16CW14 MESA COUNTY-UNNAMED TRIBUTARY TO PLATEAU CREEK TRIBUTARY TO THE COLORADO RIVER.
Mary Nichols; P.O. Box 183; Mesa, CO 81643 (970)268-5514 and Mike Nichols; P.O. Box 167; Mesa, CO 81643 (970)985-0245.
Nichols Domestic Water-Application for Absolute Water Rights (Surface). Location: SW¼SW¼ of Sec. 15, T.10S, R.96W. of the 6th
SEPTEMBER 2016 RESUME
WATER DIVISION 5 PAGE 2
P.M. 1,490 ft. from the south sec. line and 730 ft. from the west sec. line. Appropriation: Mar. 3, 1967. Amount: 33.0 g.p.m., absolute.
Uses: domestic, lawn and garden, irrigation and stock watering. (13 pages)
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 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.
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 SEPTEMBER 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.
16CW16 (08CW168)GARFIELD COUNTY-FOUR MILE CREEK TRIBUTARY TO THE ROARING FORK RIVER
TRIBUTARY TO THE COLORADO RIVER. 3S LLLP; c/o Dianne Pollock/General Partner; 2604 West C.R. 8; Berthoud, CO
80513 (970)532-0120. Spear Spring-Application to Make Absolute in Whole or in Part. Location: SE¼NW¼ of Sec. 15, T.7S,
R.89W. of the 6th
P.M.1,575 ft. from the north sec. line and 1,490 ft. from the west sec. line. Appropriation: Sept. 2, 2008. Amount:
30.0 g.p.m., absolute. Uses: domestic, stockwatering and irrigation. An outline of work performed during the diligence period is
included in the application. (11 pgs.)
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 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.
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 SEPTEMBER 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.
16CW3073- GRAND COUNTY, COLORADO RIVER, WATER DIVISION NO. 5. Grand County Water & Sanitation District
No. 1 c/o Bruce Hutchins, Manager, PO Box 3077, Winter Park, CO 80482, (970) 726-5583; Ian W. Ferrell & Stanley W. Cazier, P.O.
Box 500, Granby, Colorado, 80446, (970) 887-3376.] APPLICATION FOR FINDING OF REASONABLE DILIGENCE Name
of structure: Grand County Water & Sanitation District No. 1 Pipeline No. 1 and Pipeline No. 2. Source: Pipeline No. 1 source is Little
Vasquez Creek; Pipeline No. 2 source is Big Vasquez Creek. Original Decree: December 29, 1986, 82CW403. Subsequent Decrees:
September 18, 2010, 08CW141; November 19, 2002, 01CW243; October 3, 1995, 92CW276. Appropriation Date: November 4, 1982.
Amount: 3 cfs to be diverted at either or both of the decreed points of diversion for Pipeline No. 1 and Pipeline No. 2. Uses: All
municipal uses, including fire protection and industrial uses. Location: (a) Pipeline No. 1 is located at a point whence the Southeast
corner of Section 32, Township 1 South, Range 75 West of the 6th P.M., bears North 3° 45' East a distance of 1,775 feet. The
diversion point has also been described as: the Grand County Water and Sanitation District No. 1 Pipeline No. 1 diversion point is
located in the Northwest Quarter of the Southwest Quarter of Section 4, Township 2 S, Range 75 W., 6th P.M. The diversion is
located 1532.27 feet from the said South Section line and 286.04 feet from the said West Section line. (b) Pipeline No. 2 is located at a
point whence the Southeast corner of Section 32, Township 1 South, Range 75 West of the 6th P .M., bears North 41° 00' East a
distance of 2,660 feet. The diversion point has also been described as: the Grand County Water and Sanitation District No. 2 Pipeline
diversion is located in the Southwest Quarter of the Southeast Quarter of Section 5, Township 2 S, Range 75 W., 6th P.M. The
diversion point is located 595.73 feet from the said South Section line and 2574.68 feet from the said East Section line. Additional
Information: The Application contains a detailed outline of the work performed during the diligence period. (10 Pages)
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 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.
SEPTEMBER 2016 RESUME
WATER DIVISION 5 PAGE 3
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 SEPTEMBER 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.
16CW3074- GRAND COUNTY, COLORADO RIVER, WATER DIVISION NO. 5. Grand County Water & Sanitation District
No. 1 c/o Bruce Hutchins, Manager, PO Box 3077, Winter Park, CO 80482, (970) 726-5583; Ian W. Ferrell & Stanley W. Cazier, P.O.
Box 500, Granby, Colorado, 80446, (970) 887-3376.] APPLICATION FOR FINDING OF REASONABLE DILIGENCE Name
of Structure: Grand County Water & Sanitation District No. 1 Pipeline No. 4. Original Decree: May 23, 1990, Case No. 89CW270.
Subsequent Decrees: September 17, 2010, 09CW90; August 4, 2003, 02CW259; October 15, 1996, 96CW134. Source: Fraser River,
tributary to the Colorado River. Appropriation Date: December 21, 1989. Amount: 4.5 cfs. Uses: All municipal uses, including fire
protection, irrigation and domestic use. Location: Pipeline No. 4 is located 3020 feet east of the west line and 450 north of the south
line of Section 28, Township 1 South, Range 75 West of the 6th P.M. SWl/4 SE1/4 of said Section 28. Additional Information: The
Application contains a detailed outline of the work performed during the diligence period. (18 Pages)
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 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.
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 SEPTEMBER 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.
16CW3075- GRAND COUNTY, COLORADO RIVER, WATER DIVISION NO. 5. Grand County Water & Sanitation District
No. 1 c/o Bruce Hutchins, Manager, PO Box 3077, Winter Park, CO 80482, (970) 726-5583; Ian W. Ferrell & Stanley W. Cazier, P.O.
Box 500, Granby, Colorado, 80446, (970) 887-3376.] APPLICATION FOR FINDING OF REASONABLE DILIGENCE Name
of Structures: Grand County Water & Sanitation District No. 1 Pipelines No.1, No. 2 & No. 3, Grand County Water & Sanitation
District No. 1 Reservoir. Original Decree: February 2, 1986, 84CW455. Subsequent Decrees: September 18, 2010, 08CW142;
November 19, 2002, 01CW224; September 14, 1995, 93CW023. Source: Little Vasquez, Big Vasquez, Fraser and Colorado Rivers.
Appropriation Date: December 14, 1984. Amount: 250 acre feet. Uses: All municipal and domestic uses as decreed to said structures.
Location: (a) Pipeline No. 1 - At a point whence the Southeast corner of Section 32, Township 1 South, Range 75 West of the 6th
P.M., bears North 03°45' East a distance of 1,775 feet. (b) Pipeline No. 2 - At a point whence the Southeast corner of Section 32,
Township 1 South, Range 75 West of the 6th P.M., bears North 41°00' East a distance of2,660 feet. (c) Pipeline No. 3 - At a point
whence the Southeast corner of Section 33, Township 1 South, Range 75 West of the 6th P.M., bears North 2°03' East, a distance of
3,000 feet. The diversion point will be located 50 feet North of Gauging Station 09024000. (d) Grand County Water and Sanitation
District No. 1 Reservoir which is located in the NE1/4SW1/4 of Section 28, Township 1 South, Range 75West of the 6th P.M. The
initial point of survey is located at a point on the North line of said NE1/4SW1./4, 200 feet East of the Northwest corner of said
NE1/4SW1/4. Additional Information: The Application contains a detailed outline of the work performed during the diligence period.
(9 Pages)
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 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.
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 SEPTEMBER 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.
16CW3076 MESA COUNTY, WALLACE GULCH AND MESA CREEK. Application for Finding of Diligence and to Make
Absolute in Whole or In part. Applicant: Big Vu, LLC, c/o David M. Scanga, Manager, 200 Grand Avenue, Suite 400, Grand
Junction, Colorado 81501; (970) 986-3400. Attorney for Applicant: John T. Howe, Hoskin, Farina & Kampf, Professional
Corporation, Post Office Box 40, Grand Junction, Colorado 81502; (970) 986-3400. Prior Decrees: Case No. 01CW340, entered
SEPTEMBER 2016 RESUME
WATER DIVISION 5 PAGE 4
November 25, 2002; Case No. 08CW144, entered September 18, 2010. 1. Big Vu Well No. 2: Source: Groundwater tributary to
Wallace Gulch, tributary to Plateau Creek, tributary to the Colorado River. Location: SW¼NW¼ of Section 25, T10S, R97W of the
6th
P.M.; 1,605 feet from the North section line and 1,070 feet from the West section line. C. Use: in-house domestic. Appropriation
Date: December 18, 2000. Quantity: 0.033 c.f.s. (15 g.p.m), conditional; annual amount of appropriation is 0.392 acre feet. 2. Big Vu
Pond: Source: Wallace Gulch and Mesa Creek tributary to Plateau Creek, tributary to the Colorado River. Location: SW¼NW¼ of
Section 25, T10S, R97W of the 6th
P.M.; 1,500 feet from the North section line and 1,200 feet from the West section line. Use:
Storage, augmentation, recreation, piscatorial and wildlife (consistent with construction of a pond). Appropriation Date: December 18,
2000. Quantity: 2.00 acre feet, conditional. 3. King Ditch (Big Vu Enlargement): Source: Mesa Creek, tributary to Plateau Creek,
tributary to the Colorado River. Location: NW¼NW¼SW¼ of Section 8, T11S, R96W of the 6th
P.M.; 2,600 feet from the South
section line and 300 feet from the West section line. Use: Storage and augmentation. Appropriation Date: December 18, 2000.
Quantity: 0.25 c.f.s., conditional. Landowner: Applicant. Additional Information: Applicant has placed water from Big Vu Well No.
2, Big Vu Pond and King Ditch (Big Vu Enlargement) to beneficial use. Applicant seeks a finding of reasonable diligence as to
remaining amounts not put to beneficial use. In the Application, Applicant abandons the Big Vu Augmentation Tank and Worthington
Springs Enlargement decreed as conditional rights in Case No. 01CW340, and piscatorial use as a decreed use for Big Vu Pond. The
Application contains a description of how water was placed to beneficial use and the work performed during the diligence period.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 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.
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 SEPTEMBER 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.
16CW3077 GRAND COUNTY – WATER DIVISION NO. 5. Jackie F. Boyd, Fredrick L. & Terry B. Sidell, 1857 County Road 42,
Granby, CO 80446, (970) 887-3614 c/o Ian Ferrell & Stanley Cazier, Cazier & McGowan, PO Box 500, Granby, CO 80446, (970)
887-3376.] APPLICATION FOR FINDING OF REASONABLE DILIGENCE FOR CONDITIONAL UNDERGROUND
WATER RIGHTS & APPROPRIATIVE RIGHT OF EXCHANGE I. Diligence for Conditional Underground Water Rights–
Previous Decree: September 26, 2010, 08CW38. Name of Structures: RTV Estates Well No. 1- 9. Source: Ground water from the
alluvium of sand, gravel and other sedimentary materials hydraulically connected to Lake Granby, tributary to the Colorado River.
Location: RTV Estates Well No. 1- 9 are all located within the Proposed Red Top Valley Estates Subdivision consisting of
approximately 61.75 acres situated in portions of Section 33 and Section 28, Township 3 North, Range 76 West of the 6th
P.M., in
Grand County, Colorado. Appropriation Dates, Quantity & Uses: RTV Estates Well No. 1: October 10, 2006, 13.5 gpm, conditional,
for in-house domestic, livestock watering, and irrigation. RTV Estates Well No. 3: October 10, 2006, 10 gpm, conditional, for in-
house domestic, livestock watering, and irrigation. RTV Estates Well No. 2, 4, 5–9: October 10, 2006, 15 gpm each, conditional, for
in-house domestic, livestock watering, and irrigation. Structures: Wells. Depths: RTV Estates Well No. 1: 165 feet, RTV Estates Well
No. 2: Approximately 150 - 450 feet, RTV Estates Well No. 3: 420 feet, RTV Estates Well No. 4, 5, 6, 7, 8 & 9: Approximately 150 -
450 feet. II. Diligence for Appropriative Right of Exchange–Date of Appropriation: October 10, 2006. Exchange Reach: Upstream
Termini: The points of diversion of the 9 wells described above. Downstream Terminus: A point where Wolford Mountain releases
meet the Colorado River, in Section 19, Township 1 North, Range 80 West, 6th P.M., in Grand County, Colorado, at a point more
specifically described as 2000 feet from East Section line and 200 feet from North Section line of Section 19. Rate of Exchange: 0.1
cfs, conditional and not more than 4.5 acre feet per year. Plan for Augmentation–Water rights to be augmented: RTV Estates Wells
Nos. 1 through 9. Amount of Augmentation Water: Up to 4.5 acre feet. Augmentation sources: Augmentation water will be delivered
into the Colorado River pursuant to an allotment contract between Applicants and Middle Park Water Conservancy District from
Wolford Mountain Reservoir & Windy Gap (Granby Reservoir). Additional Information: The application contains a detailed outline
of the work performed during the diligence period. (34 pages)
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 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.
11. 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
SEPTEMBER 2016 RESUME
WATER DIVISION 5 PAGE 5
CLERK FOR WATER DIVISION 5 DURING THE MONTH OF SEPTEMBER 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.
16CW3078 (09CW118). IN GARFIELD COUNTY, COLORADO. APPLICATION FOR FINDING OF REASONABLE
DILIGENCE. CONCERNING THE APPLICATION FOR WATER RIGHTS FOR ANTHONY & TERESSA PERRY, CEASE
CREEK RANCH. DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO, 109 Eighth Street, Suite 104,
Glenwood Springs, CO 81601. 1. Name, address, and telephone number of Applicant: Anthony and Teressa Perry, Cease Creek
Ranch, P.O. Box 4400, Vail, Colorado 81658. Copies of all pleadings to: Glenn E. Porzak, William D. Wombacher, Porzak Browning
& Bushong LLP, 2120 13th
Street, Boulder, CO 80302 (303) 443-6800. 2. Name of structure: Stephens Pond No. 3. Type: Reservoir.
3. Description of conditional water right: A. Date of Original Decree: Ruling by the Water Referee on April 24, 1989, in Case No.
89CW018, in the District Court in and for Water Division No. 5 (the “Water Court”) approved and made a decree of the Water Court
on May 15, 1989. Subsequent decrees confirming the exercise of reasonable diligence were entered by the Water Court in Case Nos.
95CW082, 02CW126, and 09CW118. B. Legal description and source from 89CW018 decree: Ponds, inlets, outlets and diversion
points are all situated in Sec. 21, T. 3 S., R. 87 W. of the 6th P.M. in Garfield County. Ditch used to fill reservoir is Four Creek Ditch
with capacity of 15 c.f.s. Primary point of diversion from said ditch is into Cease Creek at Tie #1 described to W1/4 Sec. 21, bearing
N. 08º33’42” E. a distance of 940.90’. From this point water flows through Cease Creek to Tie #2 described W1/4 Sec. 21, bear ing N.
60º37’38” W. a distance of 994.71’ diverting flow to proposed Stephens Pond No. 3 at inlet Tie #4, W1/4 Sec. 21, S. 64º30’10” W. for
a distance of 772.13’ through proposed outlet Tie #5, W1/4 Sec. 21, S. 74º37’50” W. 878.69’. Flow from this point returns to Cease
Creek drainage on to a diversion point of Tie #6, W1/4 Sec. 21, bearing S. 81º54’46” W. 1800.43’ into existing ditch of 2 c.f.s.
capacity to proposed inlet of proposed Stephens Pond No. 2 at Tie #7, W1/4 Sec. 21 bearing N. 80º38’15” W. 2168.15’. Flow from
pond #2 outlet Tie #8, W1/4 Sec. 21 bearing N. 80º11’34” W. 2475.68’ into natural drainage to existing inlet of Stephens Pond No. 1
located by Tie #9, E1/4 Sec. 21, bearing N. 45º26’33” E., 1150.96’. Outlet of existing pond #1 is Tie #10, E1/4 Sec. 21, N. 25º53’41”
E., 799.74’. Flow from pond #1 is into existing drainage of Riland Creek flowing into Sweetwater Creek. Distance from Section
Lines: In the SW1/4 of the NW1/4 of Section 21, Township 3 South, Range 87 West of the 6th P.M., at a point 910 feet from the West
section line and 2240 feet from the North section line of said Section 21 (see Exhibit A hereto). C. Source: The water source for the
Stephens Pond No. 3 is Cease Creek and the Four Creek Ditch, tributary to Sweetwater Creek, a tributary to the Colorado River. D.
Appropriation Date: October 25, 1988. E. Amount: 8.0 acre-feet, conditional. F. Uses: Fish culture for recreational purposes. G.
Remarks: The subject water right was decreed for 10.0 acre-feet, conditional, in Case No. 89CW018. 2.0 acre-feet of the subject water
right was made absolute for all decreed uses in Case No. 02CW126. 4. Detailed outline of work done to complete the project and
apply water to beneficial use: The Stephens Pond No. 3 is a component part of an integrated water storage project on Applicants’
property, which also includes Stephens Pond No. 2 and Perry Pond Nos. 1 – 3. Since the last diligence decree in Case No. 09CW118,
the Applicants have engaged in a number of activities that demonstrate diligence toward the application of the remaining conditional
portion of the Stephens Pond No. 3 water right to the decreed beneficial use including, but not limited to, the following: A. Applicants
constructed the Stephens Pond No. 2 at a cost of approximately $75,000 and placed water in that structure to beneficial use; B.
Applicants have been involved in discussions with the Four Creek Ditch Company concerning the administration and delivery of
winter water to the Perry Ponds Nos. 1 – 3 pursuant to the decree in Case No. 01CW351; C. Applicants have installed fish ladders in
Perry Pond No. 3 in 2012 at a cost of approximately $7,000; D. Applicants have maintained and operated Perry Pond Nos. 1 – 3 such
that fish residing in those ponds are now successfully breeding; E. Applicants have investigated the possibility of enlarging the
existing ponds and/or moving portions of the remaining conditional rights to alternate locations on the property; F. Applicants have
participated in drafting an amendment to the Ditch Operating Agreement for the Four Creek Ditch Company whose ditches are
decreed to convey water from Cease Creek to Stephens Pond No. 3; G. Applicants have continued to maintain Stephens Pond No. 3 to
enable them to use the subject conditional water; H. Applicants have prosecuted applications in furtherance of their integrated water
storage project, including applications concerning Applicants’ water rights for the Perry Pond Nos. 1-3 and Stephens Pond No. 2; I.
Applicants have monitored the Water Division 5 Water Resume for applications by others which may impact the subject ponds; and J.
Applicants fully intend to develop and utilize the subject conditional water rights to the full decreed amounts. (6 pages)
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 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.
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 SEPTEMBER 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.
SEPTEMBER 2016 RESUME
WATER DIVISION 5 PAGE 6
16CW3079 MESA COUNTY, COLORADO RIVER, Elam Construction, Inc. dba Grand Junction Concrete Pipe Co. (“Elam”),
Attn: Jon Mueller, 556 Struthers Ave., Grand Junction, CO 81501, 970-242-5370, Jon. [email protected] , c/o Kirsten
M. Kurath, Williams, Turner & Holmes, P.C., P.O. Box 338, Grand Junction, CO 81502, 970-242-626, [email protected];
Application For Finding of Reasonable Diligence. Structure: Obergfell Diversion; Date of Decree: April 17, 1978; Case No.: W-
3468, Dist. Court, Water Div. No. 5; Subsequent Diligence Decrees: Case No. 82CW19 (October 17, 1982); Case No. 85CW321
(October 30, 1986); Case No. 90CW007 (May 21, 1990); Case No. 96CW259 (February 26, 1997); Case No. 03CW021 (August 4,
2003); and Case No. 09CW85 (September 17, 2010); Location: The original decreed point of diversion for the Obergfell Diversion is
located on the left bank of the Colorado River at a point whence the Southeast Corner of Lot 5, Section 2, T. 1 S., R. 2 E., Ute
Meridian, bears S. 54 08' 42" E., 1,304.16 feet. Applicant owns 2.0 c.f.s. of the Obergfell Diversion. The point of diversion for
Applicant’s 2.0 c.f.s. interest in the Obergfell Diversion was changed to the following point in Case No. 03CW007: A point on the
north bank of the Colorado River, located approximately 195 feet north of the south section line and 640 feet west of the east section
line of Section 6, T. 1 S., R. 1 W., Ute Meridian. This point is located in the SE1/4 SE1/4 of said Section 6, Mesa County, Colorado.
A map showing the location of this point of diversion is attached to the Application as Exhibit A; Source: Colorado River; App. Date:
February 28, 1977; Amount: 20 c.f.s., of which Applicant owns 2.0 c.f.s.; conditional; Uses: The original decreed uses for the
Obergfell Diversion were industrial, irrigation, domestic, and municipal purposes. In Case No. 03CW007, the following additional
uses were added to the Applicant’s 2.0 c.f.s. interest in the Obergfell Diversion: wildlife habitat (including irrigation of up to 30 acres
of wildlife habitat), wildlife watering, piscatorial, aesthetic and recreational purposes. The anticipated location of the 30 acres of
irrigated wildlife habitat is shown on Exhibit A; Landowner: State of Colorado, acting by and through the Department of Natural
Resources, for the use and benefit of the Division of Parks and Outdoor Recreation and Board of Parks and Outdoor Recreation,
whose address is 1313 Sherman Street, Room 618, Denver, CO 80203-2240; The Application contains a detailed outline of what has
been done during this diligence period toward completion of the appropriation and application of water to beneficial use. Applicant
requests a finding that it has been reasonably diligent in the development of the Obergfell Diversion water right and the conditional
water right be continued in full force and effect. (6 pages).
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 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.
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 SEPTEMBER 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.
16CW3080 GRAND COUNTY – WATER DIVISION NO. 5. Winter Park Highlands Association, PO Box 275, Tabernash, CO
80448, (303) 263-0551c/o Ian Ferrell & Stanley Cazier, Cazier & McGowan, PO Box 500, Granby, CO 80446, 970-887-3376.
[APPLICATION FOR A FINDING OF REASONABLE DILIGENCE]. Name of Structures: WPHA Ponds No. 1, 2, 3, 4 & 5.
Previous Decrees: Original Decree: August 26, 2003, Case No. 02CW128. Subsequent Decree: September 18, 2010, Case No.
09CW84. Legal Description: All ponds are located within the Winter Park Highlands Association Subdivision situated in portions of
in Section 34, T1 N, R76W, 6th
PM: Pond No. 1: WPHA Commons, NW4SE4, Section 34, WPH Unit #2, 2243 Feet From S Section
Line, 1750 Feet from E Section Line; Pond No. 2: Lot 22, NW4NE4, Section 34, WPH Unit #3, 325 Feet From N Section Line, 2000
Feet from E Section Line; Pond No. 3: Lots 11 & 12, SE4NE4, Section 34, WPH Unit #3, 2400 Feet From N Section Line, 1700 Feet
from E Section Line; Pond No. 4: WPHA Commons, SE4SE4, Section 34, WPH Unit #5, 900Feet From S Section Line, 925 Feet
from E Section Line; Pond No. 5: Lots 39 & 51, SE4SE4, Section 34, WPH Unit 4, 175 Feet From S Section Line, 350 Feet from E
Section Line. Source: Silver Creek, tributary to Crooked Creek, tributary to Fraser River, tributary to Colorado River. Date of
Appropriation: December 13, 2000. Amount: Pond No. 1: 9.75 af, conditional; Pond No. 2: .83 af, conditional. Abandonment of
Rights: Applicant has decided not to proceed with the development of Ponds No. 3, 4 & 5 and pursuant to Application abandons those
rights. Use: Fire Protection, Recreation, Fishing. Additional Information: The application contains a detailed outline of the work
performed during the diligence period. (13 pages)
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 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,
the NW ¼, Section 3, Township 9 South, Range 86 West, of the 6th
P.M. at a distance of 200 feet from the North section line and
1,800 feet from the West section line. Source: Capitol Creek, tributary to the Roaring Fork River, via the Heinecken-Ryan Pump and
Pipeline. Appropriation date: January 30, 2009. Amount: 0.44 acre-feet, conditional. Pond Surface: Approximately 0.06 acres.
Maximum height of dam: 10 feet. Use: Piscatorial. Fifth Claim: Storage Water Right (New Uses). Heinecken-Ryan Pond, Second
Enlargement (a/k/a Itzler Pond, Second Enlargement). Legal description: NE ¼ of the NW ¼, Section 3, Township 9 South, Range 86
West, of the 6th
P.M. at a distance of 200 feet from the North section line and 1,800 feet from the West section line. Source: Capitol
Creek, tributary to the Roaring Fork River, via the Heinecken-Ryan Pump and Pipeline. Appropriation date: September 30, 2016.
Amount: 0.44 acre-feet, conditional, with the right to fill and refill for all uses in priority. Pond Surface: Approximately 0.06 acres.
Maximum height of dam: 10 feet. Uses: Domestic and augmentation. If non-irrigation, describe purpose fully: The pond will be used
to supply water to the existing caretaker unit, as well as to the proposed main house; and for augmentation water to cover any out of
priority uses and depletions associated with Applicant’s property. Remarks: Heinecken-Ryan Pond has already been decreed 0.44
acre-feet for irrigation, aesthetic, and fire protection; and the Heinecken-Ryan Pond, First Enlargement has already been decreed 0.44
acre-feet for piscatorial use. This application seeks to add domestic and augmentation use (and the right to fill and refill for all uses) to
the structure. This application does not claim an additional 0.44 acre-feet, rather the cumulative amount stored for all uses will not
exceed 0.44 acre-feet, as filled and refilled. A detailed description of the work done to complete the appropriations of these water
rights, including expenditures, is on file with the court. Applicant owns the land upon which all structures are located and where the
water is or will be beneficially used.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 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.
26. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES
COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER
CLERK FOR WATER DIVISION 5 DURING THE MONTH OF SEPTEMBER 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.
16CW3093 (09CW147, 01CW53, 94CW42, 89CW238) PITKIN COUNTY. ROARING FORK RIVER. JCH, LLC, c/o Scott C.
Miller, Esq. and Christopher R. Stork, Esq., Patrick, Miller & Noto, P.C., 229 Midland Avenue, Basalt, CO 81621, (970) 920-1030.
APPLICATION FOR FINDING OF REASONABLE DILIGENCE. Name of Structure: Mosher Ditch and Pipeline. Type: Ditch.
Description of conditional water right: Date of original decree: April 20, 1990, Case No. 89CW238, Water Division 5. Legal
description: SW ¼, NE ¼, Section 26, Township 10 S, Range 85 W of the 6th
Principal Meridian, at a point 2,118 feet from the North
section line and 860 feet from the East section line. Source: Queen’s Gulch, tributary to Castle Creek, tributary to the Roaring Fork
River. Appropriation date: November 1, 1989. Amount: 0.25 c.f.s., conditional. Use: Domestic use in a maximum of three household
dwellings on the applicant’s property. Domestic is the only remaining conditional use. Irrigation, aesthetic, piscatorial, stock watering,
and filling uses were decreed absolute in Case No. 94CW042. A detailed description of the work performed towards the completion of
the appropriation, including expenditures, is on file with the court. Applicant does not claim to make any portion of the above
described conditional water right absolute in this proceeding. The land upon which the diversion is located is owned by: United States
Forest Service, United States Department of Agriculture, White River National Forest, Aspen Range District, 806 West Hallam St.,
Aspen, CO 81611. Accordingly, Applicant respectfully requests the Court to enter a decree awarding the following: Finding that
Applicant exercised reasonable diligence towards the completion of the appropriation for the conditional portions of the Mosher Ditch
and Pipeline; and Ordering the conditional water right continued through the next diligence period.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 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.
27. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES
COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER
CLERK FOR WATER DIVISION 5 DURING THE MONTH OF SEPTEMBER 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.
16CW3094 (06CW268) PITKIN COUNTY – SNOWMASS CREEK. 1999 RS International Trust, c/o Paul L. Noto, Esq. and
Christopher R. Stork, Esq., Patrick, Miller & Noto, P.C., 197 Prospector Road, Ste. 2104A, Aspen, CO 81611, (970) 920-1030.
SEPTEMBER 2016 RESUME
WATER DIVISION 5 PAGE 24
APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE WATER RIGHTS ABSOLUTE. First Claim:
Coles Pond A. Date of original decree: September 5, 2010. Case No. 06CW268, Division 5 Water Court. Legal: The dam at the outlet
is located in the SE ¼ of the SE ¼ of Section 2, Township 9 South, Range 86 West of the 6th
P.M., at a point approximately 975 feet
from the east section line and 125 feet from the south section line. Source: Snowmass Creek. Appropriation date: December 11, 2006.
Amount: 0.23 acre-feet, filled at a rate of 1.3 c.f.s., conditional. Use: Piscatorial, aesthetic, recreation, stock watering, fire protection,
and augmentation, with the right to fill and refill in priority. Total capacity of reservoir: 0.23 acre-feet. Date applied to beneficial use:
August 10, 2010. Amount: 0.23 acre-feet. Use: Piscatorial, recreation, stock watering, fire protection, and augmentation, with the right
to fill and refill in priority. Second Claim: Coles Pond B. Date of original decree: September 5, 2010. Case No. 06CW268, Division 5
Water Court. Legal: The dam at the outlet will be located in the NE ¼ of the NE ¼ of Section 11, Township 9 South, Range 86 West
of the 6th
P.M., at a point approximately 730 feet from the east section line and 440 feet from the north section line. Source: Snowmass
Creek. Appropriation date: December 11, 2006. Amount: 0.18 acre-feet, filled at a rate of 1.3 c.f.s., conditional. Use: Piscatorial,
aesthetic, recreation, stock watering, fire protection, and augmentation, with the right to fill and refill in priority. Total capacity of
reservoir: 0.18 acre-feet. Third Claim: Coles Pond C. Date of original decree: September 5, 2010. Case No. 06CW268, Division 5
Water Court. Legal: The dam at the outlet will be located in the NE ¼ of the NE ¼ of Section 11, Township 9 South, Range 86 West
of the 6th
P.M., at a point approximately 640 feet from the east section line and 300 feet from the south section line. Source: Snowmass
Creek. Appropriation date: December 11, 2006. Amount: 0.20 acre-feet, filled at a rate of 1.3 c.f.s., conditional. Use: Piscatorial,
aesthetic, recreation, stock watering, fire protection, and augmentation of depletions, with the right to fill and refill in priority. Total
capacity of reservoir: 0.20 acre-feet. Fourth Claim: Coles Pond D. Date of original decree: September 5, 2010. Case No. 06CW268,
Division 5 Water Court. Legal: The dam at the outlet will be located in the NE ¼ of the NE ¼ of Section 11, Township 9 South,
Range 86 West of the 6th
P.M., at a point approximately 590 feet from the east section line and 10 feet from the north section line.
Source: Snowmass Creek. Appropriation date: December 11, 2006. Amount: 2.5 acre-feet, filled at a rate of 1.3 c.f.s., conditional.
Use: Piscatorial, aesthetic, recreation, stock watering, fire protection, and augmentation, with the right to fill and refill in priority.
Total capacity of reservoir: 2.5 acre-feet. Fifth Claim: Coles Pond E. Date of original decree: September 5, 2010. Case No.
06CW268, Division 5 Water Court. Legal: The dam at the outlet will be located in the SE ¼ of the SE ¼ of Section 2, Township 9
South, Range 86 West of the 6th
P.M., at a point approximately 440 feet from the east section line and 90 feet from the south section
line. Source: Snowmass Creek. Appropriation date: December 11, 2006. Amount: 1.25 acre-feet, filled at a rate of 1.3 c.f.s,
conditional. Use: Piscatorial, aesthetic, recreation, stock watering, fire protection, and augmentation, with the right to fill and refill in-
priority. Total capacity of reservoir: 1.25 acre-feet. Sixth Claim: Coles Pond F. Date of original decree: September 5, 2010. Case No.
06CW268, Division 5 Water Court. Legal: The dam at the outlet is located in the SE ¼ of the SE ¼ of Section 2, Township 9 South,
Range 86 West of the 6th
P.M., at a point approximately 270 feet from the east section line and 290 feet from the south section line.
Source: Snowmass Creek. Appropriation date: December 11, 2006. Amount: 3.92 acre-feet, filled at a rate of 1.3 c.f.s., conditional.
Use: Piscatorial, aesthetic, recreation, stock watering, fire protection, and augmentation, with the right to fill and refill in-priority.
Total capacity of reservoir: 3.92 acre-feet. Date applied to beneficial use: October 1, 2009. Amount: 3.92 acre-feet. Use: Piscatorial,
recreation, stock watering, fire protection, and augmentation, with the right to fill and refill in priority. Seventh Claim: Coles Pond G.
Date of original decree: September 5, 2010. Case No. 06CW268, Division 5 Water Court. Legal: The dam at the outlet will be located
in the NE ¼ of the SE ¼ of Section 2, Township 9 South, Range 86 West of the 6th
P.M., at a point approximately 930 feet from the
east section line and 1360 feet from the south section line. Source: Snowmass Creek. Appropriation date: December 11, 2006.
Amount: 7.3 acre-feet, filled at a rate of 1.3 c.f.s., conditional. Use: Piscatorial, aesthetic, recreation, stock watering, fire protection,
and augmentation, with the right to fill and refill in-priority. Total capacity of reservoir: 7.3 acre-feet. Eighth Claim: Coles Pump and
Pipeline No. 1. Date of original decree: September 5, 2010. Case No. 06CW268, Division 5 Water Court. Legal: The point of
diversion will be located in the NE ¼ of the SE ¼ of Section 2, Township 9 South, Range 86 West of the 6th
P.M., at a point
approximately 760 feet from the east section line and 1500 feet from the south section line. Source: Snowmass Creek. Appropriation
date: December 13, 2006. Amount: 1.3 c.f.s., conditional. Use: Fire protection, stock watering, and to fill and refill Coles Ponds A
through G for piscatorial, aesthetic, recreation, fire protection, stock watering and augmentation. Ninth Claim: Coles Pump and
Pipeline No. 2. Date of original decree: September 5, 2010. Case No. 06CW268, Division 5 Water Court. Legal: The point of
diversion will be located in the NW ¼ of the NW ¼ of Section 12, Township 9 South, Range 86 West of the 6th
P.M., at a point
approximately 30 feet from the west section line and 140 feet from the north section line. Source: Snowmass Creek. Appropriation
date: December 13, 2006. Amount: 1.3 c.f.s, conditional. Use: Fire protection, stock watering, and to fill and refill Coles Ponds A
through G for piscatorial, aesthetic, recreation, fire protection, stock watering, and augmentation of depletions under the plan for
augmentation. Applicant owns the land where the above water rights are and will be put to beneficial use. Tenth Claim: Walter Ditch,
Coles Enlargement. Date of original decree: September 5, 2010. Case No. 06CW268, Division 5 Water Court. Legal: The point of
diversion is located in the NE ¼ of the NE ¼ of Section 14, Township 9 South, Range 86 West of the 6th
P.M., at a point
approximately 900 feet from the east section line and 50 feet from the north section line. Source: Snowmass Creek. Appropriation
date: December 13, 2006. Amount: 1.3 c.f.s, conditional. The max diversion rate from the Coles Pump and Pipeline No. 1, Coles
Pump and Pipeline No. 2, and Walter Ditch, Coles Enlargement combined is 1.3 c.f.s. Use: Aesthetic, recreation, piscatorial, fire
protection, stock watering and to fill and refill Coles Ponds A through G for piscatorial, aesthetic, recreation, fire protection, stock
watering, and augmentation. Date applied to beneficial use: August 10, 2009. Amount: 0.8 c.f.s. out of 1.3 c.f.s. originally decreed.
Use: Aesthetic, recreation, piscatorial, fire protection, stock watering and to fill and refill Coles Ponds A through G for piscatorial,
SEPTEMBER 2016 RESUME
WATER DIVISION 5 PAGE 25
aesthetic, recreation, fire protection, stock watering, and augmentation. Remaining conditional: 0.5 c.f.s. for aesthetic, recreation,
piscatorial, fire protection, stock watering and to fill and refill Coles Ponds A through G for piscatorial, aesthetic, recreation, fire
protection, stock watering, and augmentation. Aspen Camp for the Deaf, P.O. Box 1494, Aspen, Colorado, 81612, owns the land upon
which the Walter Ditch headgate is located. Eleventh Claim: Coles Exchange. Date of original decree: September 5, 2010. Case No.
06CW268, Division 5 Water Court. Legal: Lower termini: For exchange of Green Mountain Reservoir water: The confluence of the
Roaring Fork River and the Colorado River 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 2200 feet from the north section line and 2350 feet from the west section line. For exchange of
Ruedi Reservoir and/or Troy and Edith Ditch water: The confluence of the Roaring Fork and the Fryingpan River 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 647 feet from the south section line and 1475
from the east section line. For exchange of Robinson Ditch water: The point of diversion for the Robinson Ditch on the Roaring Fork
River, located in the NW ¼ of the SE ¼ of Section 11, Township 8 South, Range 87 West of the 6th
P.M., at a point 2307 feet from the
south section line and 2309 feet from the east section line. Upper termini: For the Depletion Amount Reach: The intake of the Coles
Pump and Pipeline No. 1 located in the NE ¼ of the SE 1/4 of Section 2, Township 9 South, Range 86 West of the 6th
P.M., at a point
approximately 760 feet from the east section line and 1500 feet from the south section line; and the intake of the Coles Pump and
Pipeline No. 2 located in the NW ¼ of the NW ¼ of Section 12, Township 9 South, Range 86 West of the 6th
P.M., at a point
approximately 30 feet from the west section line and 140 feet from the north section line, or any combination of the two. For the
Diversion Amount Reach: The headgate of the Walter Ditch located in the NE ¼ of the NE ¼ of Section 14, Township 9 South, Range
86 West of the 6th
P.M., at a point approximately 900 feet from the east section line and 50 feet from the north section line. Source:
Water released from Green Mountain Reservoir, Ruedi Reservoir, the Troy and Edith Ditch, and the Robinson Ditch under
Applicant’s Basalt Water Conservancy District Water Allotment Contract No. 517B. Appropriation date: December 29, 2006. Rate:
0.015 c.f.s., conditional, for the Depletion Amount Reach; 1.3 c.f.s., conditional, for the Diversion Amount Reach. Volume: 2.3 acre-
feet, conditional. Use: Substitution and exchange under the plan for augmentation. Claim to make absolute: Date applied to beneficial
use: June 22, 2012. Amount: 0.79 acre-feet out of the 2.3 acre-feet originally decreed. Rate: 0.15 c.f.s. for the Depletion Amount
Reach; 1.3 c.f.s. for the Diversion Amount Reach. Use: Exchange. Remaining Conditional: 1.51 acre-feet for exchange purposes.
Place of use: Applicant’s property, except Claim Ten above. The above water rights are all component parts of an integrated water
system for Applicant’s property decreed in Case No. 06CW268. All above augmentation uses are under the plan for augmentation
decreed in Case No. 06CW269, and the Coles Exchange is a component of the plan for augmentation decreed in Case No. 06CW269.
A detailed description of the work done to complete the appropriation, including expenditures, for all above water rights, is on file
with the court.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 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.
28. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES
COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER
CLERK FOR WATER DIVISION 5 DURING THE MONTH OF SEPTEMBER 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. 16CW3095 GARFIELD COUNTY - COLORADO RIVER; United Companies of Mesa County; c/o John R. Pierce, Dufford,
Waldeck, Milburn & Krohn, LLP, 744 Horizon Court, Suite 300, Grand Junction, CO 81506, (970) 248-5865; APPLICATION FOR
FINDING OF REASONABLE DILIGENCE; Name, mailing address, email address, and telephone number of applicant(s): Oldcastle
SW Group, Inc.; d/b/a United Companies of Mesa County, 2273 River Road, Grand Junction, CO 81505, (970) 243-4900; Request for
finding of diligence: Name of structure: Mamm Creek Gravel Pit Wells; Permit No.: 69184-F; Describe conditional water right: Case
No. and Date of Original Decree: Case No. 01CW08, decreed on August 4, 2003; List of subsequent decrees awarding diligence:
09CW105; Legal description: SW/4 of Section 12, the NW/4 of Section 13, and the N/2 of Section 14, Township 6 South, Range 93
West of the 6th
P.M.; Source of water: Alluvial aquifer tributary to the Colorado River; Appropriation Date: August 15, 2000;
acre feet. i. Total Capacity: 5.50 acre feet. j. Remark: Applicant intends to fill the Lucky U Lake as soon as possible and likely before
a final decree is entered in this case. To the extent that this occurs, the Applicant plans to request absolute water rights. The
Applicant provides notice of this intent in order to avoid the need to republish this application. II. Claim for Surface Diversion 5.
Name of Structure: Lucky U Filling Ditch. a. Legal Description: The point of diversion is located in the NE1/4 SW1/4 of Section 28,
Township 3 South, Range 78 West of the 6th
P.M. at a point described as UTM Zone 13N NAD83 Easting 403105 and Northing
4401528. The location of this structure in shown on the map attached as Exhibit A. This location is also known as the headgate for
the Plunger Ditch. b. Source: The Blue River, tributary to the Colorado River. c. Date of Appropriation: May 2, 2016, based on the
initiation of the construction of the Lucky U Lake which is to be filled by the Lucky U Filling Ditch. d. Amount: 3 cfs, conditional,
together with the right to obtain an absolute water right pursuant to paragraph 5(f) below. e. Uses: the filling and refilling of the Lucky
U Lake for the uses described above and to provide freshening flows up to 1 cfs. f. Remark: As noted above, Applicant will seek
absolute water rights for the Lucky U Filling Ditch if this water right has been diverted and placed to the beneficial uses prior to the
entry of a final decree. III. Claim for Approval of Plan for Augmentation 6. Water Rights to be Augmented: Lucky U Lake and the
Lucky U Filling Ditch as described above. 7. Water Rights to be used for Augmentation. a. Wolford Mountain Reservoir. 3 acre feet
from Wolford Mountain Reservoir (f/k/a Gunsight Pass Reservoir) by Contract No. CW16002 dated July 26, 2016, with the Colorado
River Water Conservation District (the “River District”). Wolford Mountain Reservoir (f/k/a Gunsight Pass Reservoir) has the
following water rights: i. Case No. 87CW283: 1. Decree Date: November 20, 1989. 2. Name of Structure: Gunsight Pass Reservoir. 3.
Legal description of place of storage: The dam is located in the SW1/4 of the NE1/4 of Section 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 feet from
the NW Corner of said Section 25.4. Source: Muddy Creek and its tributaries, all tributary to the Colorado River. 5. Amount: 59,993
acre feet conditional; of this amount, 32,986 acre feet 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. 6. Appropriation Date: December 14, 1987. 7. 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. ii.Case No. 95CW281: 1. Decree Date: August 26, 1997. 2. Name of
Structure: Wolford Mountain Reservoir Enlargement. 3. Legal description of place of storage: The dam is located in the SW1/4 of the
NE1/4 of Section 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. 4.
Source: Muddy Creek and its tributaries, all tributary to the Colorado River. 5. Amount: 6,000 acre feet, conditional. 6.
Appropriation Date: January 16, 1995. 7. 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. iii. Case No. 98CW237: 1. Decree Date: July 6, 2000. 2. Name of Structure: Wolford Mountain Reservoir. 3. Legal
Description of place of storage: Same as for 95CW281. 4. Source: Muddy Creek and its tributaries, all tributary to the Colorado
River. 5. Amount: 30,000 acre feet conditional, with 15,895 acre feet being absolute for recreational and piscatorial and flood control.
6. Appropriation Date: November 17, 1998. 7. Use: Certain of the beneficial uses previously adjudicated for Wolford Mountain
Reservoir in Case No. 87CW283, District Court for Colorado Water Division No. 5 (November 20, 1989 Judgment and Decree), and
Case No. 95CW281, District Court for Colorado Water Division No. 5 (August 26, 1997 Judgment and Decree) described below:
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 River 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 the River District’s contractual relationship with Denver,
or the Reservoir capacity (6,000 AF) which is allocated for Colorado River endangered fish releases. 8. PLSS: The dam is located in
the SW1/4 of the NE1/4 of Section 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 South of North section line
SEPTEMBER 2016 RESUME
WATER DIVISION 5 PAGE 31
and 2,760 feet East of the West section line of said Section 25. b. Ruedi Reservoir. 3 acre feet from Ruedi Reservoir by Contract No.
CW16002 dated July 26, 2016, with the River District. The River District holds Contracts No. 009D6C0111 (500 AF), 009D6C0118
(700 AF), 039F6C0011 (530 AF), 079D6C0106 (5,000 AF), and 139D6C0025 (2,000 AF) from the United States Bureau of
Reclamation for 8,730 acre feet of annual supply from Ruedi Reservoir and may obtain additional contracts in the future. This water
will be used as a substitute for Wolford Mountain Reservoir water in appropriate circumstances where Ruedi Reservoir water is
physically equivalent to water from Wolford Mountain Reservoir. i. 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 Section 7, T. 8 S., R. 84 W. of the 6th P.M. bears N. 82°10'W. a distance of 1,285 feet.
ii. Source: Fryingpan River. iii. Previous storage decrees: a. Civil Action No. 4613: a. Decree Date: June 20, 1958. b. Court: Garfield
County District Court. c. Amount: 140,697.3 acre feet, reduced to 102,369 acre feet pursuant to order of the Water Court in Case No.
W-789-76. The full amount was made absolute in Case No. 88CW85. d. Appropriation Date: July 29, 1957. e. Use: Domestic,
municipal, irrigation, industrial, generation of electrical energy, stock watering and piscatorial. 2. Case No. 81CW34: a. Decree Date:
April 8, 1985. b. Court: District Court, Water Div. No. 5. c. Amount: 101,280 acre feet (refill); of this amount, 44,509 acre feet were
made absolute in Case No. 95CW95 and 25,257 acre feet were made absolute in Case No. 01CW269, for a total of 69,766 acre feet
absolute. d. Appropriation Date: January 22, 1981. e. 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. iv. PLSS: 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 130 feet South of the North
section line and 1,280 feet East of the West section line of Section 7, T. 8 S., R. 84 W. of the 6th P.M. 8. Plan for Augmentation. a.
Applicant intends to augment out of priority diversions by the Lucky U Filling Ditch into storage in the Lucky U Lake by releases of
water from Wolford Mountain Reservoir or Ruedi Reservoir. Ruedi Reservoir will only be used when the call is on the Colorado
River or its tributaries at or below the confluence of the Colorado River and the Roaring Fork River. Applicant holds Contract No.
CW16002 with the River District that provides the Applicant with 3.0 a.f. in releases from Wolford Mountain Reservoir and/or Ruedi
Reservoir as described above. b. Depletions Assumptions: Diversions of the Lucky U Filling Ditch into storage in the Lucky U Lake
will be for purposes of filling the Lucky U Lake and replacing evaporative losses associated with the beneficial uses described above.
It is assumed that all out of priority storage, including storage to fill evaporative losses from Lucky U Lake and its inlet and outlet
structures, are 100% consumptive. c. Replacement during Blue River Call. In the event of a call on the Blue River that cannot be
satisfied under this augmentation plan, Applicant will cease diversions into the Lucky U Lake and allow the water level to drop
commensurate with evaporation. IV. Claim for Appropriative Rights of Exchange 9. Name of Appropriative Rights of Exchange.
Blue River Exchange and Colorado River Exchange. 10. Description of Appropriative Rights of Exchange. Applicant is seeking to
augment by exchange with releases from Wolford Mountain Reservoir and Ruedi Reservoir to the point of diversion for the Lucky U
Filling Ditch as further described below. a. Blue River Exchange. i. Exchange From Point: The confluence of the Colorado River and
the Blue River, more particularly described as a point in the NW1/4 NE1/4 of Section 19, Township 1 North, Range 80 West of the 6th
P.M. at a point described as UTM Zone 13N NAD83 Easting 380773 and Northing 4433399. ii. Exchange To Point: The Lucky U
Filling Ditch on the Blue River, more particularly described as a point located in the NE1/4 SW1/4 of Section 28, Township 3 South,
Range 78 West of the 6th
P.M. at a point described as UTM Zone 13N NAD83 Easting 403105 and Northing 4401528. iii. Rate: Up to
1 cfs for the uses sought for the Lucky U Lake and Lucky U Filling Ditch. b. Colorado River Exchange i. Exchange From Point: A
point at the confluence of the Colorado River and the Roaring Fork River, more particularly described as a point in the SE1/4 of the
NW1/4 of Section 9 Township 6 South, Range 89 W of the 6th
P.M. at a point described as UTM Zone 13N NAD83 Easting 299765
and Northing 4380329. ii. Exchange To Point: The confluence of the Colorado River and the Blue River, more particularly described
as a point in the NW1/4 NE1/4 of Section 19, Township 1 North, Range 80 West of the 6th
P.M. at a point described as UTM Zone
13N NAD83 Easting 380773 and Northing 4433399; then to the Lucky U Filling Ditch on the Blue River, more particularly described
as a point located in the NE1/4 SW1/4 of Section 28, Township 3 South, Range 78 West of the 6th
P.M. at a point described as UTM
Zone 13N NAD83 Easting 403105 and Northing 4401528. iii. Rate: Up to 1 cfs for the uses sought for the Lucky U Lake and Lucky
U Filling Ditch. c. Remark: Exhibit B attached hereto illustrates the above described exchange reaches. 11. Measurement Devices.
Applicant will install and maintain such 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. 12. Name and address of the owner of the land on which the Subject
Water Rights are located. The Lucky U Lake is located on land owned by the Applicant and all water will be used on land owned by
the Applicant. The headgate for the Lucky U Filling Ditch (aka the Plunger Ditch Headgate) is located on land owned by Neil
Kimmel whose address is 2321 S. Krameria St., Denver, CO 80222. WHEREFORE Applicant requests the Court grant its request for
a new water storage right, surface diversion, rights of exchange, and approval of plan for augmentation as detailed herein and grant
such other relief as maybe appropriate. (11 Pages)
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 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,
SEPTEMBER 2016 RESUME
WATER DIVISION 5 PAGE 32
CRCP. (Filing Fee: $158.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs,
CO 81601.
33. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES
COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER
CLERK FOR WATER DIVISION 5 DURING THE MONTH OF SEPTEMBER 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.
16CW3100 EAGLE COUNTY. Eagle River by diversions through the O’Neill and Holland Ditch, Second Enl., Eagle River
Alluvium. Application for Finding of Reasonable Diligence and to Confirm Cond. Water Rights Absolute. Applicant: Eagle Springs
Golf Club, c/o Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602; (970) 945-6546. Koprivnikar Pond No. 1.
Original Decree: 4/2/1996, Case No. 93CW189, Dist. Ct., Water Division No. 5. Legal Description: SE1/4 SE1/4, Sec. 23, T. 4 S.,
R. 83 W., 6th P.M. at a pt. 800 ft. from the S. line and 650 ft. from the E. line. Approp. Date: 12/18/1992. Amt.: 0.5 AF. Absolute
Uses: Aesthetic, rec. and fire protection (0.5 AF). Cond. Uses: Aug. (of dom., comm., irr., and pond evap. depletions) (0.5. AF).
Koprivnikar Pond No. 3. Legal Description: SW1/4 NE1/4, Sec. 23, T. 4 S., R. 83 W., 6th P.M. at a pt. 2,250 ft. from the N. line
and 2,500 ft. from the E. line. Approp. Date:12/18/1992. Amt.: 1.5 AF. Absolute Uses: Aesthetic, rec., and fire protection (1.5 AF).
Cond. Uses: Aug. (of dom., comm., irr., and pond evap. depletions) (1.5 AF). Koprivnikar Pond No. 4. Legal Description: SE1/4
NW1/4, Sec. 23, T. 4 S., R. 83 W., 6th P.M. at a pt. 2,150 ft. from the N. line and 2,450 ft. from the W. line. Approp. Date:
12/18/1992. Amt.: 1.0 AF. Absolute Uses: Aesthetic, rec., and fire protection (1.0 AF). Cond. Uses: Aug. (of dom., comm., irr., and
pond evap. depletions) (1.0 AF). Golf Well No. 1. Original Decree: 4/2/1996, Case No. 93CW189, Dist. Ct., Water Division No. 5.
Legal Description: SW1/4 SE1/4, Sec. 23, T. 4 S., R. 83 W., 6th P.M. at a pt. 1,080 ft. from the S. line and 2,480 ft. from the E. line
of said Sec. 23. Approp. Date: 12/17/1993. Amt.: 100 gpm, of which 60 gpm is absolute and 40 gpm remains Cond. Uses: Dom.,
comm., irr. (of up to 3,000 sq. ft.), fire protection uses for two single-family residences, a clubhouse, and a maintenance facility
associated with a golf course. Depth: Less than 10 ft. Diligence Activities: A complete list of diligence activities is on file with this
Ct. Name and address of owners of land on 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’s Eagle Springs Golf Course property; a map of this property, including
the structures, is attached as Exhibit A. Claim to Confirm Absolute: The Applicant requests that the Koprivnikar Ponds No. 1, 3, and
4 be confirmed as absolute for all decreed purposes, including aug. (of dom., comm. irr. and pond evap. depletions) in the Amt. of 0.5,
1.5, and 1.0 AF respectively. Date of Beneficial Use: 7/15/2015. Applicant filled the Koprivnikar Ponds No. 1, 3 and 4 in priority at
this date using the O’Neill and Holland Ditch, Second Enl., decreed in Case No. 93CW189, Dist. Ct., Water Division No. 5. (8 pgs., 1
Exh.)
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 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.
34. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES
COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER
CLERK FOR WATER DIVISION 5 DURING THE MONTH OF SEPTEMBER 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. 16CW3101 PITKIN COUNTY, ROARING FORK & COLORADO RIVERS. Application for Water Storage Rights. Darryl
Grosjean, c/o Ryan Jarvis & Jeff Houpt of Beattie, Chadwick & Houpt, 932 Cooper Ave, Glenwood Springs, 970-945-8659. Structure:
Wilderness Pond I. Location: The center of the dam at the outlet is at a point in the SE1/4 NW1/4 of Sec 25, T 8 S, R 87 W, 6th
PM, at
a point 2,130 ft S of N sec line and 1,755 ft E of W sec line of said Sec 25. UTM Easting = 322336.86, UTM Northing = 4355379.77.
Source: East Sopris Creek, trib to Roaring Fork & Colo Rivers. Ditch used to fill reservoir: Miller Ditch. Point of diversion: The
headgate is located on the left bank of East Sopris Creek in Pitkin County, Colo, at a point about two and one-half miles above the
mouth of Sopris Creek, and about one-quarter of a mile southeast from the Carturier house. Appropriation date: 11/01/75. Date water
applied to beneficial use: 06/01/76. Amount: 0.30 af, absolute. Rate of diversion: 0.20 cfs. Uses: Irrigation, aesthetic, recreation, fire
protection, wildlife watering, piscatorial, and stockwatering. Historically irrigated area: 4.0 acres located in Sec 25, T 8 S, R 87 W, 6th
PM. Surface area: 0.06 acre. Vertical height: 6 feet. Length: 180 ft. Total capacity: 0.30 af. Active capacity: 0.28 af. Dead storage:
0.02 af. Structure: Wilderness Pond II. Location: The center of the dam at the outlet is at a point in the SE1/4 NW1/4 of Sec 25, T 8 S,
R 87 W, 6th
PM, at a point 2,115 ft S of N sec line and 1,730 ft E of W sec line of said Sec 25. UTM Easting = 322327.33, UTM
Northing = 4355352.79. Source: East Sopris Creek, trib to Roaring Fork & Colo Rivers. Ditch used to fill reservoir: Miller Ditch.
Point of diversion: The headgate is located on the left bank of East Sopris Creek in Pitkin County, Colo, at a point about two and one-
half miles above the mouth of Sopris Creek, and about one-quarter of a mile southeast from the Carturier house. Appropriation date:
SEPTEMBER 2016 RESUME
WATER DIVISION 5 PAGE 33
09/30/16. Amount: 0.50 af, conditional. Rate of diversion: 0.20 cfs. Uses: Irrigation, aesthetic, recreation, fire protection, wildlife
watering, piscatorial, and stockwatering. Proposed irrigated area: 4.0 acres located in Sec 25, T 8 S, R 87 W, 6th
PM. Surface area:
0.075 acre. Vertical height: 9.9 ft. Length: 220 ft. Total capacity: 0.50 af. Active capacity: 0.45 af. Dead storage: 0.05 af. Owner of
land: Applicant. (5 pages)
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 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.
35. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES
COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER
CLERK FOR WATER DIVISION 5 DURING THE MONTH OF SEPTEMBER 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.
16CW3102 MESA COUNTY, TRIBUTARY TO THE COLORADO RIVER. Application for Finding of Reasonable Diligence
and to Make Absolute in Whole or Part. Applicant: Ben E. Carnes, 831 Elberta, Fruita, Colorado 81521. Attorney for Applicant: John
T. Howe, Hoskin, Farina & Kampf, Professional Corporation, Post Office Box 40, Grand Junction, Colorado 81502; (970) 986-3400.
Name of structure: Burkett-Rench Ditch No. 2. Source: Unnamed tributary to Big Salt Wash, tributary to the Colorado River.
Location: SW¼SE¼ of Section 6, Township 1 North, Range 2 West of the Ute Meridian. The point of diversion is located 800 feet
north of the SE corner of said SW¼SE¼. Type of use: irrigation, stock watering, wildlife, recreational, aesthetic and piscatorial
purposes, either directly and/or to fill and refill one or more ponds to be constructed for subsequent use for such purposes.
Appropriation Date: July 12, 2000. Quantity: 2.00 c.f.s. Name and address of owner of land upon which structure is located, upon
which water is or will be beneficially used: Robert and Alice Hyde, 24257 Mesa View Lane, Cedaredge, Colorado 81413, and BC
Family Partnership, LLLP c/o Applicant. Additional Information: Applicant seeks to make the Burkett-Rench Ditch No. 2 absolute for
supplemental irrigation purposes in the amount of 2.00 c.f.s. and stock watering in the amount of 2.00 c.f.s., and seeks a finding of
diligence with respect to the remaining uses and amounts. The application contains a detailed description of the work performed
during the diligence period.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 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.
36. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES
COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER
CLERK FOR WATER DIVISION 5 DURING THE MONTH OF SEPTEMBER 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.
16CW3103 GRAND COUNTY – Application to Make a Portion of Conditional Water Rights Absolute, and for Finding of
Reasonable Diligence filed by The Town of Fraser, Colorado (the “Applicant”) Attn: Town Manager, P.O. Box 370, Fraser, CO
80442, (970) 726-5491; with a copy to: Christopher L. Thorne, Kylie J. Crandall, 303-295-8000, 720-545-2088,