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DIVISION 5 WATER COURT- DECEMBER 2014 RESUME
SUBSTITUTE WATER SUPPLY PLAN NOTIFICATION LIST
Section 37-92-308(6), C.R.S. directs the State Engineer to establish a notification list for each water division for the purpose of
notifying interested parties of requests for the State Engineer’s approval of substitute water supply plans (“SWSP”) filed in that water
division pursuant to section 37-92-308, C.R.S. The SWSP notification list is also used to provide notice of proposed water right loans
to the Colorado Water Conservation Board for use as instream flows under section 37-83-105(2)(b)(II), C.R.S., notice of applications
for the State Engineer’s approval of interruptible water supply agreements under section 37-92-309(3)(a), C.R.S., and notice of
applications for fallowing-leasing pilot projects under section 37-60-115(8)(e)(II). This notice is an invitation to be included on the
SWSP notification list. To be included on the SWSP notification list, submit your name, address, e-mail address, daytime phone
number, and water divisions of interest. If you prefer to be notified by electronic mail, specify that preference. Submit the information
to: Substitute Water Supply Plan Notification List (c/o Laura Kalafus, Program Assistant), Colorado Division of Water Resources,
1313 Sherman Street, Room 818, Denver, Colorado 80203, Phone: (303) 866-3581, Fax: (303) 866-3589, or e-mail to:
[email protected]. Additional information regarding Substitute Water Supply Plans is available on the Division of Water
Resources' website at http://water.state.co.us.
PRODUCED NONTRIBUTARY GROUND WATER NOTIFICATION LIST
Pursuant to Rule 17.5.B.2 of the Produced Nontributary Ground Water Rules, 2 CCR 402-17 (“Rules”), the State Engineer is
publishing this invitation to persons to be included on the Produced Nontributary Ground Water Notification List. According to Rule
17.5.B.2 of the Rules, the State Engineer must establish a Produced Nontributary Ground Water Notification List for each water
division within the State of Colorado for the purposes of ensuring that water users within each water division receive adequate notice
of proceedings held pursuant to the Rules. In order to establish such notification list, the State Engineer is directed, in January of each
year, to cause to have published in the water court resume for each water division an invitation to be included on such notification list
for the applicable water division. To receive this information by e-mail, provide your name, e-mail address, daytime telephone
number, and the water divisions of interest. If you prefer to be noticed by first-class mail, specify that preference and provide your
mailing address. Submit the information to: Produced Nontributary Ground Water Notification List (c/o Laura Kalafus, Program
Assistant), Colorado Division of Water Resources, 1313 Sherman Street, Room 818, Denver, Colorado 80203, Phone: (303) 866-
3581, Fax: (303) 866-3589, or e-mail to: [email protected] additional information regarding the Produced Nontributary
Ground Water Rules can be found on the Division of Water Resources website at: www.water.state.co.us.
1. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES
COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER
CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2014. 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.
14CW3143 PITKIN COUNTY, ROARING FORK AND COLORADO RIVERS. Application for Change of Water Rights. Bob
and Sue Pietrzak, LLC, c/o Beattie, Chadwick & Houpt, 932 Cooper Ave, Glenwood Springs, (970) 945-8659. Original decree entered
on 12/30/92 in Case No. 92CW39; subsequent decrees entered in Case Nos. 98CW265 and 06CW106. Structure: Dry Creek Pond No.
1. The location of the pond as constructed is in the SE¼SW¼ of Sec 24, T 8 S, R 87 W 6th PM approx 250 ft from S line and 1,911 ft
from W line of said Sec 24. Source: Dry Creek and East Sopris Creek, trib to the Roaring Fork and Colorado Rivers. Appropriation
date: 02/14/92. Amount: 0.30 af, conditional. Uses: Recreation and aesthetic, and for augmentation of the Shaffer Pond Well. Surface
area: 0.0916 acres. Height: 6.7 ft. Structure: Dry Creek Ditch No. 2. The location of the ditch as constructed is in the SE¼SW¼ of Sec
24, T 8 S, R 87 W 6th
PM approx 202 ft from S line and 1,790 ft from W line of said Sec 24. Source: Dry Creek and East Sopris
Creek, trib to the Roaring Fork and Colorado Rivers. Appropriation date: 02/14/92. Amount: 0.50 cfs, absolute, for recreation and
aesthetic purposes (decreed absolute in Case No. 98CW265); and 0.50 cfs, conditional, for augmentation of the Shaffer Pond Well.
Proposed changes: Applicant requests approval to change the decreed points of storage and diversion for Dry Creek Pond No. 1 and
Dry Creek Ditch No. 2 to comport with their actual locations. Owner of land: Applicant. (5 pages).
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2015 to file with the Water Clerk a
verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be
granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the
applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5,
CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO
81601.
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 DECEMBER 2014. The water right claimed by this
application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected
rights must appear to object and protest within the time provided by statute, or be forever barred.
DECEMBER 2014 RESUME
WATER DIVISION 5 PAGE 2
14CW3144 SUMMIT COUNTY; NORTH ROCK CREEK, BLUE RIVER, COLORADO RIVER. APPLICATION FOR
CORRECTION FOR ESTABLISHED BUT ERRONEOUSLY DESCRIBED POINT OF DIVERSION (§37-92-305(3.6), C.R.S.).
Triple Creek Ranch, LLC, 4343 South Holly Street, Englewood, CO 80111, c/o Michael J. Sawyer, Esq., Karp Neu Hanlon, PC, 201
14th
Street, Suite 200, Glenwood Springs, CO 81601. Name of structure: Curran Ditch and Enlargement. Original and Subsequent
Decrees: CA1451, 92CW255, 99CW89, 05CW180, 13CW3016. Original Described Location: S bank of N. Rock Creek whence 1/4
corner of Sec. 8, Twp. 4 S, R 78 W, 6th
P.M. bears S 87°50’ E 2,570 feet. Source: North Rock Creek, tributary to Rock Creek,
tributary to the Blue River, tributary to the Colorado River. Amount: 3.6 c.f.s., absolute, 0.6 c.f.s., conditional. Date of Appropriation:
9/5/1905; 9/25/1992 (Enlargement). Uses: Irrigation, augmentation, aesthetics, fish habitat, and fire protection. Proposed Location
Correction: NW ¼, SE ¼, Sec. 8, Twp. 4 S, R 78 W, 6th
P.M. whence W 1/4 corner of Sec. 9 bears N 84°36’34” E 2,577.17 feet
(UTM Z13, NAD83: N: 4397046.21, E: 401574.96). Name and address of owner of land on which structure is located: U.S. Forest
Service, P.O. Box 620, Silverthorne, CO 80498. (16 pgs.)
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2015 to file with the Water Clerk a
verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be
granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the
applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5,
CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO
81601.
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 DECEMBER 2014. 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.
14CW3145 GARFIELD COUNTY, SPRING TRIBUTARY TO COLORADO RIVER. Iron Mountain Hot Springs LLC, 51000
Two Rivers Plaza Road, Glenwood Springs, CO 81601, (970)-618-7127, [email protected]; Applicant’s attorneys:
Mark A. Hermundstad and Kirsten M. Kurath, Williams, Turner & Holmes, P.C., P.O. Box 338, Grand Junction, CO 81502, (970)
242-6262, [email protected], [email protected]. Application For Conditional Surface Water Right. Name of Structure:
East Gamba Spring and Pipeline, First Enlargement. Type of Structure: Spring. Legal Description: The point of diversion of this
spring is located in Garfield County in the NW¼ of the NW¼ of Section 9, Township 6 South, Range 89 West, 6th P.M., at a point
483 feet from the north section line and 816 feet from the west section line of said Section 9 (Source: decreed location in Case No.
83CW152, converted from polar to cartesian coordinates). The UTM coordinates for this point are as follows: Northing: 4,380,870,
Easting: 299,322, Datum: NAD83; Units: meters; Zone 13; Source: decreed location in Case No. 83CW152, converted to UTM with
DWR Aquamap (PLSS Locator). Source: Spring tributary to the Colorado River. Appropriation Date: November 9, 2013. Amount
Claimed: 79 g.p.m. (0.176 c.f.s.). Uses: Domestic, commercial, heating, recreational, bathing, swimming, therapeutic and medicinal
purposes. Name and address of landowner: The point of diversion and place of use are located on land owned by Applicant. Remarks:
There is an existing water right for the East Gamba Spring and Pipeline that was decreed in Case No. 83CW152, District Court, Water
Division No. 5. The water right claimed in this case is an enlargement to this existing decreed water right. The East Gamba Spring is a
geothermal spring. Water from the spring will be collected in a near-surface structure as defined in C.R.S. 37-92-103(14)(b). The East
Gamba Spring and Pipeline, First Enlargement, will be developed for use on the following described real property located in Garfield
County: Lot 2, Block 1, North Glenwood Center, Glenwood Springs, Colorado; Lot 1, Block 2, North Glenwood Center, Glenwood
Springs, Colorado; Lot 8, Section 4, Township 6 South, Range 89 West, 6th
P.M.; Lot 7, Section 9, Township 6 South, Range 89 West,
6th
P.M.; and a tract or parcel of land, known as No. E-35 of the State Department of Highways, State of Colorado, Project No. I 70-
1(8)113 Sec. 2, in Lot 8 of Section 4, Township 6 South, Range 89 West of the 6th
Principal Meridian, said tract or parcel being more
particularly described as follows: Beginning at a point from which the SW corner of Section 4, Township 6 South, Range 89 West of
the 6th P.M., bears S. 79°52’30” W., a distance of 676.5 feet; Thence S. 29°47’30” W., a distance of 336.3 feet; Thence N. 72°07’ W.,
a distance of 130.8 feet; Thence S. 41°17’30”E., a distance of 441.9 feet, more or less to the point of beginning. The East Gamba
Spring and Pipeline, First Enlargement, is a water right and feature of a project and integrated system to provide a supply of water to
the real property described above. This project and integrated system also includes the Iron Mountain Spring and the water right
adjudicated to the Iron Mountain Spring by decree entered on August 24, 2014 in Case No. 2013CW3092, District Court, Water
Division No. 5, and the Iron Mountain Springs No. 2A and No. 2B, which are the subject of a pending application in Case No.
2014CW3133, District Court, Water Division No. 5 (5 pages)
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2015 to file with the Water Clerk a
verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be
granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the
applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5,
CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO
81601.
DECEMBER 2014 RESUME
WATER DIVISION 5 PAGE 3
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 DECEMBER 2014. 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.
14CW3146 MESA COUNTY, WHITEHEAD DRAIN, TRIBUTARY TO COLORADO RIVER, AND GROUNDWATER
TRIBUTARY TO COLORADO RIVER. Trevor D. Taylor and Sheri L.Taylor (“Applicants”), 3583 Grand Valley Canal Road,
Palisade CO 81526, 970-261-8591, [email protected], Applicant’s attorneys: Mark A. Hermundstad and Kirsten M.
Kurath, Williams, Turner & Holmes, P.C., P.O. Box 338, Grand Junction, CO 81502, (970) 242-6262, [email protected],
[email protected]. Application For Absolute and Conditional Surface Water Rights and Underground Water Rights. The
structures and water rights described in this Application are all features of an integrated system to provide a supply of water to the
following real property owned by the Applicants, located in Mesa County: All that part of Lot 5 and of the East 270 feet of Lot 6 and
of the SE1/4 of the NE 1/4 lying South of the right-of-way of the Canal of the Grand Valley Irrigation Company in Section 5,
Township 1 South, Range 2 East of the Ute Meridian (referred to in this Application as “Applicants’ Property”). First Claim for
Relief: Absolute and Conditional Surface Water Rights: Name of Structure: Taylor Pipeline. Type of Structure: Pipeline. Legal
Description of Point of Diversion: located in Mesa County in the NE¼ of the SE¼ of Section 5, Township 1 South, Range 2 East, Ute
Meridian, at a point 1,942 feet from the south section line and 1,079 feet from the east section line of said Section 5. UTM
coordinates: Northing: 4333014.10, Easting: 206932.02, Datum: NAD83; Units: meters; Zone 13; Source: A drainage channel known
as the Whitehead Drain, tributary to the Colorado River. Date of Appropriation: July 6, 2012. Date Water Applied to Beneficial Use:
July 3, 2014. Amount Claimed: 0.67 c.f.s., of which 0.45 c.f.s. is claimed absolute and 0.22 c.f.s. is claimed conditional. Supporting
information for the absolute use is set forth below. Use: The water will be used for irrigation purposes, as follows: The water will be
used to irrigate up to 47.75 acres of land on Applicants’ Property. Applicants have used water diverted under this water right to
irrigate 14.30 acres of Applicants’ Property to date, and plan to use it to irrigate an additional 33.45 acres of Applicants’ Property in
the future. The currently irrigated acreage and the acreage that Applicants plan to irrigate in the future with this water right are shown
on Exhibit A to the Application. A portion of Applicants’ Property is currently irrigated with water from shares in the Grand Valley
Irrigation Company (“GVIC”) owned by Applicants. The water diverted under this water right will be used as supplemental irrigation
on these lands. The portion of Applicants’ Property that currently is irrigated using water from GVIC is shown on Exhibit A to the
Application. Supporting information for absolute use: In 2014, Applicants diverted water under this water right and used up to 0.45
c.f.s. (200 g.p.m.) through the sprinkler system described below, to irrigate approximately 14.30 acres of Applicants’ Proper ty.
Applicants first started to irrigate Applicants’ Property with this water right on July 3, 2014, and continued diverting and using it
throughout the summer and fall of 2014. Applicants’ Property and the point of diversion for this water right are below the controlling
calling rights on the Colorado River, and there was no call on the Colorado River in this vicinity in 2014. Accordingly, Applicants
claim an absolute right in the amount of 0.45 c.f.s. Name and address of landowners: Applicants. The point of diversion is located on
an easement owned by the Grand Valley Drainage District, P.O. Box 969, Grand Junction, CO 81502-0969. Remarks and Comments:
Water is diverted from the Whitehead Drain at the point of diversion for this water right. The Whitehead Drain is operated by the
Grand Valley Drainage District (“GVDD”) and Applicants have obtained a license from GVDD to divert water from the Whitehead
Drain. The water diverted at the point of diversion is transported in a pipeline to a series of two sumps. One sump acts as a
sedimentation facility, and the second sump is used for pumping purposes. Applicants have installed a pump at the second sump and
they pump the water from that sump into a sprinkler system that is used to irrigate portions of Applicants’ Property. Applicants plan
to enlarge the pumping system and expand their irrigation system in the future to irrigate additional portions of Applicants’ Property.
Second Claim for Relief: Absolute and Conditional Underground Water Rights: Name of Well: Taylor Pit Well. Well Permit Number:
77130-F. Copies of the well permit and supplemental information required pursuant to Conditions 11 and 12 of the well permit are
attached to Application as Exhibit B. Legal Description: The approximate center of the pit well is located in Mesa County in the NE¼
of the SE¼ of Section 5, Township 1 South, Range 2 East, Ute Meridian, at a point 1,649 feet from the south section line and 873 feet
from the east section line of said section 5. UTM coordinates: Northing: 4332923.07, Easting: 206994.11, Datum: NAD83; Units:
meters; Zone 13; Source: Groundwater tributary to the Colorado River. Depth: 12 feet. Date of Appropriation: March 12, 2013. Date
Water Applied to Beneficial Use: July 5, 2014. Does the well withdraw tributary groundwater?: Yes. Name of Aquifer: Colorado
River alluvium. Amount Claimed in gallons per minute: Applicants plan to pump water from the Taylor Pit Well at a maximum rate of
300 g.p.m. to use for irrigation purposes. Of this amount, 200 g.p.m. are claimed absolute and 100 g.p.m. are claimed as conditional
for irrigation use. Details about and supporting information for the amount claimed as absolute are set forth below. Amount claimed
in acre feet: Applicants project maximum diversions from the Taylor Pit Well of 59.70 acre feet per year for all of the uses claimed
below. Of this amount, 2.44 acre feet are claimed as absolute for evaporation uses, 17.54 acre feet are claimed absolute for irrigation
purposes and 39.72 acre feet are claimed as conditional for irrigation, evaporation and stockwatering uses. See Table 1 of Application
for projected maximum diversions from the well and Table 2 of Application for diversions that have occurred as of the date of this
Application. Details about and supporting information for the amounts claimed as absolute are set forth below. Does the well
withdraw nontributary groundwater?: No. Does this well operate pursuant to a decreed plan for augmentation?: No, this well is not in
a critical area of the Colorado River. Uses or Proposed Uses: The water appropriated under the water right for the Taylor Pit Well will
be used for irrigation uses, for evaporation from a pond with a maximum surface area of 1.25 acres, for livestock watering, and for
DECEMBER 2014 RESUME
WATER DIVISION 5 PAGE 4
wildlife and waterfowl watering and habitat, fire protection and non-consumptive recreational uses on Applicants’ Property. Details
about these uses are set forth below. Ground water diverted under the water right for the Taylor Pit Well will be used for irrigation
uses. The water will be used to irrigate up to 47.75 acres of land on Applicants’ Property. Applicants have used water diverted under
this water right to irrigate 14.30 acres of Applicants’ Property to date, and plan to use it to irrigate an additional 33.45 acres of
Applicants’ Property in the future. The currently irrigated acreage and the acreage that Applicants plan to irrigate in the future with
this water right are shown on Exhibit A to the Application. Applicants anticipate maximum diversions under this water right for
irrigation purposes in the amount of 54.14 acre feet, of which 17.54 acre feet are claimed absolute and 36.60 acre feet are claimed
conditional. Information regarding amount claimed as absolute: In 2014, Applicants diverted water from the Taylor Pit Well at a rate
up to 200 g.p.m. (0.45 c.f.s.) through the sprinkler system described above, to irrigate approximately 14.30 acres of Applicants’
Property. Applicants first started to irrigate Applicants’ Property with this water right on July 5, 2014, and continued diverting and
using it throughout the summer and fall of 2014. The volumetric amounts that were applied to irrigation uses in 2014 are set forth in
column 4 of Table 2 of Application. Applicants’ Property and the point of diversion for this water right are below the calling rights on
the Colorado River, and there was no call on the Colorado River in this vicinity in 2014. Accordingly, Applicants claim an absolute
right in the amount of 200 g.p.m. (0.45 c.f.s.) and 17.54 acre feet for irrigation uses. Ground water exposed under the water right for
the Taylor Pit Well will evaporate from the pond that comprises the Taylor Pit Well. This pond will have a maximum surface area of
1.25 acres. Evaporation from the pond that comprises the Taylor Pit Well, at its maximum area of 1.25 acres, will be 5.44 acre feet
per year, of which 2.44 acre feet are claimed absolute and 3.0 acre feet are claimed conditional. Details regarding amount claimed as
absolute: The current free water surface area of the Taylor Pit Well is 0.56 acre. The evaporation that occurred from this free water
surface area in 2014 is set forth in column 3 of Table 2 of Application. Accordingly, Applicants claim an absolute right in the amount
of 2.44 acre feet for evaporation that has occurred from the free water surface of the pond. Ground water diverted under the water
right for the Taylor Pit Well will be used for livestock watering. The livestock watering use has not yet occurred. Applicants claim a
conditional water right for this use in the amount of 0.12 acre feet per year. Ground water exposed under the water right for the
Taylor Pit Well will be used for wildlife and waterfowl watering and habitat, fire protection and non-consumptive recreational uses on
Applicants’ Property. Wildlife and waterfowl use the pond that comprises the Taylor Pit Well for watering and habitat purposes, the
pond has been used for recreational purposes, and the water in the pond is available for fire protection purposes. Accordingly,
Applicants claim these uses as absolute uses of the ground water exposed in the pond. Name and address of landowners: Applicants.
Remarks: Water for irrigation purposes is transported in a pipeline from the Taylor Pit Well to the sumps described above, where it is
then pumped to irrigate portions of Applicants’ Property using the pumping and sprinkler system described above. In 2014 Applicants
alternated between water diverted through the Taylor Pipeline and water diverted from the Taylor Pit Well to irrigate Applicants’
Property. However, different patterns of diverting and using the water from the Taylor Pit Well and the Taylor Pipeline may be
utilized by the Applicants in the future. (16 pages)
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2015 to file with the Water Clerk a
verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be
granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the
applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5,
CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO
81601.
5. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES
COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER
CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2014. 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.
14CW3147 MESA COUNTY Application for Water Rights to Preserve the Natural Environment to a Reasonable Degree. 1. Name &
Address of Applicant: Colorado Water Conservation Board (“CWCB”) 1313 Sherman Street, Suite 718, Denver, Colorado 80203;
(303) 866-3441 c/o Philip E. Lopez, Assistant Attorney General, Natural Resources & Environment Section-1300 Broadway, 7th
Floor, Denver, CO 80203. 2. Name of water right: Beaver Dam Creek Instream Flow Water Right. 3. Legal Description: The Beaver
Dam Creek Instream Flow Water Right is located in the natural stream channel of Beaver Dam Creek from its headwaters extending
to the confluence with East Divide Creek being a distance of approximately 1.60 miles. This segment of Beaver Dam Creek can be
located on the Quaker Mesa U.S.G.S. quadrangle. A map of the Beaver Dam Creek Instream Flow Water Right is attached as Exhibit
1. A. Upstream Terminus = Headwaters of Beaver Dam Creek in the Vicinity of: 1. UTM: Northing: 4359384.32 Easting: 289024.04
(NAD 1983 Zone 13 North). 2. PLSS: NE SW Section 16, Township 8 South, Range 90 West 6th PM 1,954’ East of the West Section
Line; 2,032’ North of the South Section Line. 3. Lat/Long: latitude 39° 21’ 29.41”N and longitude 107° 26’ 55.29”W. B.
Downstream Terminus = Confluence with East Divide Creek at: 1. UTM: Northing: 4360138.20 Easting: 286958.19 (NAD 1983
Zone 13 North). 2. PLSS: NW NW Section 17, Township 8 South, Range 90 West 6th PM 422’ West of the East Section Line; 1,008’
South of the North Section Line. 3. Lat/Long: latitude 39° 21’ 52.02”N and longitude 107° 28’ 22.39”W. C. The Universal Transverse
Mercator (UTM) and geographical descriptions (e.g., confluences) of the upstream and downstream termini are provided as the decree
locations. The Public Land Survey System (PLSS) and Lat/Long coordinates are provided as cross-reference locations only. The
DECEMBER 2014 RESUME
WATER DIVISION 5 PAGE 5
UTM, PLSS and Lat/Long locations for the upstream and downstream termini were derived from CWCB GIS using the National
Hydrography Dataset (NHD). The PLSS locations in this application were derived from CWCB GIS using 2005 PLSS data from the
U.S. Bureau of Land Management's Geographic Coordinate Database. 4. Source: Beaver Dam Creek, tributary to East Divide Creek,
tributary to Divide Creek, tributary to Colorado River. 5.A. Date of initiation of appropriation: January 28, 2014. B. How
appropriation was initiated: Appropriation and beneficial use occurred on January 28, 2014, by the action of the CWCB under the
provisions of sections 37-92-102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S. (2014). C. Date applied to beneficial use: January
28, 2014. 6. Amount of water claimed: Instream flow of 0.90 cfs (05/01 - 8/31), 0.35 cfs (09/1 - 10/31) and 0.14 cfs (11/1 - 4/30),
absolute. 7. Use of Water: Instream flow to preserve the natural environment to a reasonable degree. 8. Names and addresses of
owners or reputed owners of the land upon which any new or existing diversion structure will be located: This Application is for an
instream flow water right, exclusive to the CWCB under the provisions of section 37-92-102(3). As an instream flow water right, the
CWCB’s appropriation does not require diversion structures or storage. See City of Thornton ex rel. Utilities Bd. v. City of Fort
Collins, 830 P.2d 915, 931 (Colo. 1992) ("A minimum stream flow does not require removal or control of water by some structure or
device. A minimum stream flow between two points on a stream or river usually signifies the complete absence of a structure or
device."). The CWCB’s appropriation of an instream water right also does not affect ground water. Therefore, the notice provisions
required by section 37-92-302(2)(b), C.R.S. (2014) to the owners or reputed owners of the land upon which any new or existing
diversion or storage structure is or will be required are not applicable in this case. 9. Remarks: This appropriation by the CWCB on
behalf of the people of the State of Colorado is made under the provisions of sections 37-92-102(3) and (4) and 37-92-103(3), (4) and
(10). The purpose of the CWCB’s appropriation is to preserve the natural environment to a reasonable degree. At its regular meeting
on May 22, 2014, the CWCB determined under the provisions of section 37-92-102(3)(c) that the natural environment will be
preserved to a reasonable degree by the water available for the appropriation to be made; that there is a natural environment that can
be preserved to a reasonable degree with the CWCB’s water right herein, if granted; and that such environment can exist without
material injury to water rights. (6 pgs).
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2015 to file with the Water Clerk a
verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be
granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the
applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5,
CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO
81601.
6. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES
COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER
CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2014. 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.
14CW3148 GARFIELD COUNTY Application for Water Rights to Preserve the Natural Environment to a Reasonable Degree. 1.
Name and Address of Applicant: Colorado Water Conservation Board (“CWCB”) 1313 Sherman Street, Suite 718, Denver, Colorado
80203; (303) 866-3441 c/o Philip E. Lopez, Assistant Attorney General, Natural Resources & Environment Section-1300 Broadway,
7th
Floor, Denver, CO 80203 2. Name of water right: Beaver Creek Instream Flow Water Right. 3. Legal Description: The Beaver
Creek Instream Flow Water Right is located in the natural stream channel of Beaver Creek from its headwaters extending to the Dame
Ditch headgate being a distance of approximately 8.11 miles. This segment of Beaver Creek can be located on the North Mamm Peak
U.S.G.S. quadrangle. A map of the Beaver Creek Instream Flow Water Right is attached as Exhibit 1. A. Upstream Terminus =
Headwaters of Beaver Creek in the Vicinity of: 1. UTM: Northing: 4362863.76 Easting: 253143.54 (NAD 1983 Zone 13 North). 2.
PLSS: SE NE Section 10, Township 8 South, Range 94 West 6th PM 800’ West of the East Section Line; 2,000’ South of the North
Section Line. 3. Lat/Long: latitude 39° 22’ 47.93”N and longitude 107° 51’ 57.48”W. B. Downstream Terminus = Dame Ditch
Headgate at: 1. UTM: Northing: 4372572.20 Easting: 256355.77 (NAD 1983 Zone 13 North). 2. PLSS: SW NE Section 1, Township
7 South, Range 94 West 6th PM 1,519’ West of the East Section Line; 2,430’ South of the North Section Line. 3. Lat/Long: latitude
39° 28’ 5.76”N and longitude 107° 49’ 56.11”W. C. The Universal Transverse Mercator (UTM) and geographical descriptions (e.g.,
confluences) of the upstream and downstream termini are provided as the decree locations. The Public Land Survey System (PLSS)
and Lat/Long coordinates are provided as cross-reference locations only. The UTM, PLSS and Lat/Long locations for the upstream
and downstream termini were derived from CWCB GIS using the National Hydrography Dataset (NHD). The PLSS locations in this
application were derived from CWCB GIS using 2005 PLSS data from the U.S. Bureau of Land Management's Geographic
Coordinate Database. 4. Source: Beaver Creek, tributary to the Colorado River. 5.A. Date of initiation of appropriation: January 28,
2014. B. How appropriation was initiated: Appropriation and beneficial use occurred on January 28, 2014, by the action of the
CWCB under the provisions of sections 37-92-102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S. (2014). C. Date applied to
beneficial use: January 28, 2014. 6. Amount of water claimed: Instream flow of 4.75 cfs (5/1 - 6/30), 2.85 cfs (7/1 - 7/31), 1.00 cfs
(8/1 - 11/30) and 0.70 cfs (12/1 - 4/30), absolute. 7. Use of Water: Instream flow to preserve the natural environment to a reasonable
degree. 8. Names and addresses of owners or reputed owners of the land upon which any new or existing diversion structure will be
located: This Application is for an instream flow water right, exclusive to the CWCB under the provisions of section 37-92-102(3). As
DECEMBER 2014 RESUME
WATER DIVISION 5 PAGE 6
an instream flow water right, the CWCB’s appropriation does not require diversion structures or storage. See City of Thornton ex rel.
Utilities Bd. v. City of Fort Collins, 830 P.2d 915, 931 (Colo. 1992) (“A minimum stream flow does not require removal or control of
water by some structure or device. A minimum stream flow between two points on a stream or river usually signifies the complete
absence of a structure or device”). The CWCB’s appropriation of an instream water right does not affect ground water. Therefore, the
notice provisions required by section 37-92-302(2)(b), C.R.S. (2014) to the owners or reputed owners of the land upon which any new
or existing diversion or storage structure is or will be required are not applicable in this case. 9. Remarks: This appropriation by the
CWCB on behalf of the people of the State of Colorado is made under the provisions of sections 37-92-102(3) and (4) and 37-92-
103(3), (4) and (10). The purpose of the CWCB’s appropriation is to preserve the natural environment to a reasonable degree. At its
regular meeting on May 22, 2014, the CWCB determined under the provisions of section 37-92-102(3)(c) that the natural environment
will be preserved to a reasonable degree by the water available for the appropriation to be made; that there is a natural environment
that can be preserved to a reasonable degree with the CWCB’s water right herein, if granted; and that such environment can exist
without material injury to water rights. (6 pgs)
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2015 to file with the Water Clerk a
verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be
granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the
applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5,
CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO
81601.
7. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES
COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER
CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2014. 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.
14CW3149 IN GRAND COUNTY, COLORADO. APPLICATION FOR CHANGE OF WATER RIGHTS TO ALLOW
ALTERNATE AND SUPPLEMENTAL POINTS OF DIVERSION. CONCERNING THE APPLICATION FOR WATER RIGHTS
OF GALLOWAY, INC., d/b/a BLUE VALLEY RANCH. DISTRICT COURT, WATER DIVISION NO. 5, STATE OF
COLORADO, 109 8th
Street, Suite 104, Glenwood Springs, CO 81601. 1. Name, address, telephone number of applicant: Galloway,
Inc., d/b/a Blue Valley Ranch, 6921 Highway 9, P.O. Box 1120, Kremmling, CO 80459 (970) 724-3768. Copies of all pleadings to:
Michael F. Browning, Porzak Browning & Bushong LLP, 2120 13th Street, Boulder, Colorado 80302 (303) 443-6800. 2. Name of
structures: Pharo Ditch, Pharo-Bauer Ditch, and Pharo-Bauer No. 1 Ditch. 3. Description of subject water rights: A. Previous
Decrees: The junior water rights that are the subject of this application were decreed on September 17, 1996, in Case No. 94CW225,
by the District Court in and for Water Division No. 5 in the following amounts, all of which were conditional when decreed (the
"Junior Rights"): Pharo Ditch -- 12 cfs; Pharo-Bauer Ditch -- 30 cfs; Pharo-Bauer No. 1 Ditch --10 cfs. By decree in Case No.
07CW93 the following portions of the Junior Rights were made absolute, and diligence was found with respect the remainder of the
rights: (i)10.75 cfs of the 12 cfs conditionally decreed to the Pharo Ditch was made absolute for piscatorial and fish and wildlife
enhancement purposes; (ii) 17.2 cfs of the 30 cfs conditionally decreed to the Pharo-Bauer Ditch was made absolute for piscatorial and
fish and wildlife enhancement purposes; and (iii) all 10 cfs conditionally decreed to the Pharo-Bauer Ditch No. 1 was made absolute
for its piscatorial and fish and wildlife enhancement purposes. In pending Case No. 14CW3138, Applicant is seeking to make all of
the remainder of the Junior Rights absolute except (i) 18 cfs decreed to the Pharo-Bauer Ditch and (ii)10 cfs decreed to the Pharo-
Bauer No. 1 Ditch for irrigation use, for which findings of diligence have been requested. Each of the above ditches has more senior
water rights decreed to them, but such senior water rights are not the subject of this change application (the "Senior Rights"). By the
decree in Case No. 94CW225, the Senior Rights were changed so that each ditch is an alternate and supplemental point of diversion
for each of the Senior Rights. This application seeks to also make each of the Subject Ditches alternate and supplement points of
diversion with respect to the Junior Rights. B. Legal Description of Structures (the "Subject Ditches): The Pharo Ditch diverts water
from the Blue River at a headgate located on the west bank in the SE1/4NW1/4 of Section 21, T. 1 S., R. 80 W. of the 6th
P.M. at a
point approximately 1,500 feet from the west section line and 2,400 feet from the north section line of said Section. The Pharo-Bauer
Ditch diverts water from the Blue River at a headgate located on the east bank in the NE1/4SW1/4 of Section 16, T. 1 S., R. 80 W. of
the 6th
P.M. at a point approximately 1,600 feet from the west section line and 2,050 feet from the south section line of said Section.
Pharo-Bauer No. 1 Ditch diverts from the Blue River at a headgate located on the east bank in the SW1/4NW1/4 of Section 9, T. 1 S.,
R. 80 W. of the 6th
P.M. at a point whence the N1/4 Corner of Section 9, T. 1 S., R. 80 W. of the 6th
P.M. bears North 52 degrees 28
minutes East 3,331 feet. C. Source: Blue River, at tributary to the Colorado River. D. Appropriation Date: September 30, 1994 for all.
E. Beneficial Uses. Irrigation and year-round recreational, piscatorial, and fish and wildlife enhancement purposes. A map showing
the location of the Subject Ditches is attached hereto as Exhibit A. A table of their historical diversions is attached hereto as Exhibit B.
4. Changes Sought: Applicant seeks the right to divert the Junior Rights (both the conditional and absolute components) at each of the
other two Subject Ditches as alternate and supplement points of diversion. 5. Proposed Terms and Conditions: Applicant agrees to
include the following terms and conditions in any ruling or decree entered in this matter: (a) During the period from May 1 through
July 15, the Junior Rights will not be diverted at any of the Subject Ditches (i) if and when the flows in the Blue River, as measured at
DECEMBER 2014 RESUME
WATER DIVISION 5 PAGE 7
the USGS gage station below Green Mountain Dam (Gage No. 09057500) is less or equal to 60 cfs, or (ii) such diversions would
reduce the flow of the Blue River below any such ditches below 60 cfs. (b) During the period from July 16 through April 30, the
Junior Rights will not be diverted at any of the Subject Ditches (i) if and when the flows in the Blue River, as measured at the USGS
gage station below Green Mountain Dam (Gage No. 09057500) is less or equal to 85 cfs, or (ii) such diversions would reduce the flow
of the Blue River below any such ditches below 85 cfs. (c) Water can be diverted at an alternate or supplemental point of diversion
only if and when the flow would have been physically and legally available at the original point of diversion. (d) The Applicant will
notify the local Water Commissioner before diverting any of the Junior Rights at any of the alternate or supplemental points of
diversion. (e) Any portions of the Junior Rights that remain conditional as of the date of entry of the decree in this matter can only be
made absolute by diversion at and beneficial use under the originally decreed ditch. (f) If in the future a measuring gage on the Blue
River is installed at a location closer to the Subject Ditches than USGS Gage No. 09057500, and such gage would better measure the
flows in the Blue River in the stream reach affected hereby, then the Division Engineer may elect to utilize such gage for the purposes
of subparagraphs (a)(i) and (b)(i) above instead of Gage No. 09057500. (g) If the decreed amounts of the CWCB's minimum stream
flow described in subparagraphs (a) and (b) above are ever reduced by valid judicial decree or proper administrative action below
those stated, then the reduced amounts shall automatically replace the amounts stated in such subparagraphs. 6. Name and Address of
the Owners of Land on which the Structures Are Located and the Water Diverted and Placed to Beneficial Use. Applicant is the owner
of the land on which the Subject Ditches are located and on which the water is diverted and placed to beneficial use. (13 Total Pages)
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2015 to file with the Water Clerk a
verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be
granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the
applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5,
CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO
81601.
8. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES
COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER
CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2014. 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.
14CW3150 GRAND COUNTY. (1) APPLICANT: Lake Granby Tract B LLC, James Donahue, Manager, 2301 E. Alameda Ave.,
Denver, CO 80209 (303) 722-7180 (2) c/o Stanley W. Cazier, Cazier & McGowan, PO Box 500, Granby, Colorado 80446, (970)
887-3376. (3) APPLICATION FOR FINDING OF REASONABLE DILIGENCE PLAN FOR AUGMENTATION
INCLUDING EXCHANGE AND FOR UNDERGROUND WATER RIGHTS. (4) Lake Granby Tract B LLC, Well Nos. 1, 2
and 3. (5) Source: Groundwater from unconsolidated sand and gravel and bedrock formations, hydraulically connected to Granby
Reservoir, tributary to Colorado River. (6) Location: Wells will be located in Section 34, T3N, R76W of the 6th
P.M. as follows:
Well No. 1 - SW1/4SW1/4, 1150 feet from South section line and 1200 feet from West section line, Well No. 2 - SW1/4SW1/4, 1075
feet from South section line and 1160 feet from West section line, Well No. 3 B SW1/4SW1/4, 1000 feet from South section line and
1120 feet from West section line. (7) Use: In-house domestic, irrigation of 10 trees, 20 shrubs, limited to 3 years. (8) Type of
Structure: Wells. (9) Quantity: 15 gpm per well, 0.2 acre feet for exchange, conditional, consumptive use. (10) Depth of wells:
Approx. 400 feet. (11) Water right which will be used as a source of augmentation and exchange water: Applicants plan for
Augmentation and Exchange involves a contract it has with Middle Park Water Conservancy District for water placed in storage in
Granby Reservoir or Wolford Mountain Reservoir with additional terms and conditions decreed in 07CW134. (12) Decreed
12/03/2008, 07CW134, Water Division No. 5 with appropriation date for exchange of 7/30/2007 and 2/28/2007 for wells. Application
contains information regarding activities and expenditures during diligence period. (8 pages).
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2015 to file with the Water Clerk a
verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be
granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the
applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5,
CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO
81601.
9. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES
COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER
CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2014. 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.
14CW3151 GARFIELD COUNTY; Application for Findings of Reasonable Diligence; Applicant: VHS Limited Partnership,
please direct all correspondence to Applicant’s attorney: Mary Elizabeth Geiger, Garfield & Hecht, PC, 420 Seventh St, Suite 100,
Glenwood Springs, CO 81601, (970) 947-1936; [email protected]; Name of structure for which diligence is sought:
DECEMBER 2014 RESUME
WATER DIVISION 5 PAGE 8
Stainton Pond #7; Decree information: Date of original decree: Oct. 14, 1993; Case No.: 92CW261, District Court, Water Division 5;
Subsequent Decrees: 99CW230; 06CW117; Location: As corrected by decree entered in Case No. 06CW117, the center of the dam is
located in the NW ¼ NE ¼ of Section 27, T.7 S., R.89 W. of the 6th P.M., at a point 800 feet from the North Section Line and 2,150
feet from the East Section Line. Source: The Lynch Ditch, which diverts from Four Mile Creek, tributary to the Roaring Fork River,
tributary to the Colorado River. The Lynch Ditch diverts at a point whence the NE Corner Sec. 34, T. 7 S., R. 89 W. of the 6th P.M.
bears N. 65º37’ E. 5091.25 feet. Appropriation date: August 1, 1989. Amounts: 4.74 acre-feet absolute; 45 acre-feet, conditional.
Uses: Irrigation, Livestock watering and fire protection purposes. Acres to be irrigated: 40 acres located within Applicant’s property,
consisting of approximately 511 acres along Four Mile Creek, south of Glenwood Springs. Specifically, Applicant’s property is
located in portions of the W ½ of the NW ¼, N ½ of the NW ¼, and N ½ of the NE ¼ of Section 27, and all of the SW ¼ as well as
portions of the NW ¼, NE ¼, and SE ¼ of Section 22, in Township 7 South, Range 89 West of the 6th
P.M. Name of structure for
which diligence is sought: Stainton Pond #8; Decree information: Date of original decree: Oct. 14, 1993, Case No.: 92CW261, District
Court, Water Division 5; Subsequent Decrees: 99CW230; 06CW117; Location: As corrected by decree entered in Case No.
06CW117, the center of the dam is located in the SW ¼ SE ¼ Section 22, T.7 S., R.89 W. of the 6th P.M., at a point 756 feet from the
South Section Line and 2109 feet from the East Section Line. Source: The Lignite #2 Ditch, which diverts from Four Mile Creek,
tributary to the Roaring Fork River, tributary to the Colorado River. The headgate for the Lignite #2 Ditch is located a t appoint on or
near the North Section Line of Sec. 26, T. 7 S, R 89 W. of the 6th
P.M., about 300 feet Westerly from the NE Corner of the NWY ¼ of
said Section. Appropriation date: August 1, 1989. Amounts: 0.224 acre-feet absolute; 49.766 acre-feet, conditional. Uses: Irrigation,
Livestock watering and fire protection purposes; Acres to be irrigated: 20 acres located within Applicant’s property, consisting of
approximately 511 acres along Four Mile Creek, south of Glenwood Springs. Specifically, Applicant’s property is located in portions
of the W ½ of the NW ¼, N ½ of the NW ¼, and N ½ of the NE ¼ of Section 27, and all of the SW ¼ as well as portions of the NW
¼, NE ¼, and SE ¼ of Section 22, in Township 7 South, Range 89 West of the 6th
P.M. Name and address of owner of the land upon
which the structures are located: Applicant. The Application includes a detailed outline of the work performed during the diligence
period toward the development of the subject water rights and their application to beneficial use. (5 pages).
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2015 to file with the Water Clerk a
verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be
granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the
applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5,
CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO
81601.
10. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES
COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER
CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2014. 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.
14CW3152 MESA COUNTY Application for Water Rights to Preserve the Natural Environment to a Reasonable Degree. 1. Name
& address of Applicant: Colorado Water Conservation Board (“CWCB”) 1313 Sherman Street, Suite 718, Denver, CO 80203; (303)
866-3441. Please direct all communications regarding this case to Kate Ryan, Assistant Attorney General, Natural Resources &
Environment Section- 1300 Broadway, 7th Floor, Denver, CO 80203; (720) 508-6304. 2. Name of water right: West Divide Creek
Instream Flow Water Right. 3. Legal description: The West Divide Creek Instream Flow Water Right is located in the natural stream
channel of West Divide Creek from the confluence with Little Beaver Creek extending to the confluence with Mosquito Creek being a
distance of approximately 8.44 miles. This segment can be located on the Flatiron Mountain and Quaker Mesa U.S.G.S. quadrangles.
A map of the West Divide Creek Instream Flow Water Right is attached as Exhibit 1. A. Upstream Terminus = Confluence with Little
Beaver Creek at: 1. UTM: Northing: 4349667.71 Easting: 287897.56 (NAD 1983 Zone 13 North). 2. PLSS: NW SE Section 17,
Township 9 South, Range 90 West 6th PM 1,712’ West of the East Section Line; 1,784’ North of the South Section Line. 3. Lat/Long:
latitude 39° 16’ 13.51”N and longitude 107° 27’ 31.28”W. B. Downstream Terminus = Confluence with Mosquito Creek at: 1. UTM:
Northing: 4354003.75 Easting: 279099.23 (NAD 1983 Zone 13 North). 2. PLSS: NE NW Section 4, Township 9 South, Range 91
West 6th PM 1,513’ East of the West Section Line; 815’ South of the North Section Line. 3. Lat/Long: latitude 39° 18’ 26.12”N and
longitude 107° 33’ 43.23”W. C. The Universal Transverse Mercator (UTM) and geographical descriptions (e.g., confluences) of the
upstream and downstream termini are provided as the decree locations. The Public Land Survey System (PLSS) and Lat/Long
coordinates are provided as cross-reference locations only. The UTM, PLSS and Lat/Long locations for the upstream and downstream
termini were derived from CWCB GIS using the National Hydrography Dataset (NHD). The PLSS locations in this decree were
derived from CWCB GIS using 2005 PLSS data from the U.S. Bureau of Land Management's Geographic Coordinate Database. 4.
Source: West Divide Creek, tributary to Divide Creek, tributary to the Colorado River. 5.A. Date of initiation of appropriation:
January 28, 2014. B. How appropriation was initiated: Appropriation and beneficial use occurred on January 28, 2014, by the action of
the CWCB under the provisions of sections 37-92-102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S. (2014). C. Date applied to
beneficial use: January 28, 2014. 6. Amount of water claimed: Instream flow of 14.1 cfs (4/16 – 7/15), 4.20 cfs (7/16 – 7/31), 1.14 cfs
(8/1 – 3/14) and 4.20 cfs (3/15 – 4/15), absolute. 7. Use of water: Instream flow to preserve the natural environment to a reasonable
DECEMBER 2014 RESUME
WATER DIVISION 5 PAGE 9
degree. 8. Names and addresses of owners or reputed owners of the land upon which any new or existing diversion structure will be
located: The notice required by section 37-92-302(2)(b), C.R.S. (2014), to the owners or reputed owners of the land upon which any
new or existing diversion or storage structure is or will be constructed is not applicable in this case. This Application is for an instream
flow water right, exclusive to the CWCB under the provisions of section 37-92-102(3). As an instream flow water right, the CWCB’s
appropriation does not require diversion structures or storage. See City of Thornton ex rel. Utilities Bd. v. City of Fort Collins, 830
P.2d 915, 931 (Colo. 1992) ("A minimum stream flow does not require removal or control of water by some structure or device. A
minimum stream flow between two points on a stream or river usually signifies the complete absence of a structure or device."). The
CWCB’s appropriation of an instream water right also does not affect ground water. 9. Remarks: This appropriation by the CWCB on
behalf of the people of the State of Colorado is made under the provisions of sections 37-92-102(3) and (4) and 37-92-103(3), (4) and
(10). The purpose of the CWCB’s appropriation is to preserve the natural environment to a reasonable degree. At its regular meeting
on May 22, 2014, the CWCB determined under the provisions of section 37-92-102(3)(c) that the natural environment will be
preserved to a reasonable degree by the water available for the appropriation to be made; that there is a natural environment that can
be preserved to a reasonable degree with the CWCB’s water right herein, if granted; and that such environment can exist without
material injury to water rights. (6 pgs.)
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2015 to file with the Water Clerk a
verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be
granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the
applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5,
CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO
81601.
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
CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2014. 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.
14CW3153 GRAND COUNTY; Application for Findings of Reasonable Diligence; Name of Applicant: Lambright, LLC, please
direct all correspondence to Applicant’s attorney: Mary Elizabeth Geiger, Garfield & Hecht, P.C., 420 Seventh Street, Suite 100,
Glenwood Springs, CO 81601, (970) 947-1936, [email protected]; Names of water rights for which diligence is sought:
Trail Mountain Wells Nos. 1 through 9. Information from original decree: Case No. 00CW169; District Court in and for Water
Division No. 5; Subsequent Decree: Case No. 07CW133. Locations: Trail Mountain Well No. 1: In the NE1/4 SE1/4 Section 33,
T3N, R76W, 6th P.M., at a point 2400 feet north of the south line, and 770 feet west of the east line of said Section 33. Trail Mountain
Well No. 2: In the NE1/4 SE1/4 Section 33, T3N, R76W, 6th P.M., at a point 1350 feet north of the south line, and 740 feet west of
the east line of said Section 33.Trail Mountain Well No. 3: In the SE1/4 SE1/4 Section 33 T3N, R76W, 6th P.M., at a point 600 feet
north of the south line, and 1100 feet west of the east line of said Section 33. Trail Mountain Well No. 4: In the SE1/4 SE1/4 Section
33 T3N, R76W, 6th P.M., at a point 1100 feet north of the south line, and 1300 feet west of the east line of said Section 33. Trail
Mountain Well No. 5: In the SW1/4 SE1/4 Section 33 T3N, R76W, 6th P.M., at a point 600 feet north of the south line, and 1800 feet
west of the east line of said Section 33. Trail Mountain Well No. 6: In the SW1/4 SE1/4 Section 33 T3N, R76W, 6th P.M., at a point
600 feet north of the south line, and 2400 feet west of the east line of said Section 33. Trail Mountain Well No. 7: In the SE1/4 SW1/4
Section 33 T3N, R76W, 6th P.M., at a point 600 feet north of the south line, and 2300 feet west of the east line of said Section 33.
Trail Mountain Well No. 8: In the NE1/4 SE1/4 Section 33 T3N, R76W, 6th P.M., at a point 1750 feet north of the south line, and
200 feet west of the east line of said Section 33. Trail Mountain Well No. 9: In the NW1/4 of the NW1/4 Section 34 T3N, R76W, of
the 6th P.M., at a point 2150 feet north of the south line, and 250 feet east of the west line of said Section 33. These wells may be
relocated anywhere on the subject parcel as owned by Applicant and described as being in the SW ¼ SE ¼ and the E ½ of the SE ¼ of
Section 33, and in the W ½ of the SW ¼ of Section 34, all in T3N, R76W, 6th P.M., Grand County, Colorado. Source of water for
wells: All wells will develop groundwater tributary to Lake Granby, tributary to the Colorado River. Depth:Approx 100 to 300 feet.
Amount: 100 g.p.m. for each well with the total aggregate pumping rate not to exceed 100 g.p.m. from all wells. Proposed uses:
Irrigation Use: Total number of acres proposed to be irrigated from Wells: 5 acres max, Legal description of the irrigated land: Land
owned by Applicant in the SW ¼ SE ¼ and the E ½ of the SE ¼ of Section 33, and in the W ½ of the SW ¼ of Section 34, all in
Township 3 North, Range 76 West, 6th P.M., Grand County, Colorado. 1.5 acres of irrigation and landscaping are in the Shadow
Mountain National Recreation Area. Non-irrigation Uses: Water will be used as part of a municipal water system to be operated and
maintained by a special district, or other qualified operator for municipal purposes including, but not limited to domestic (in-house),
fire suppression, household, watering of animals, commercial, and related purposes. In the event that a special district or other
governmental entity does not take over the management of this decree the municipal use shall not be applicable and shall be deleted in
the next diligence or application to make absolute filing with the court. Name of Structure for which diligence is sought: Red Top
Pond No. 1. Information from original decree: Case No. 00CW169, District Court in and for Water Division No. 5; Subsequent
decree: Case No. 07CW133. Location: Red Top Pond No. 1 is an off-channel pond with 12 acre-feet capacity and a water surface
area of two acres at the high water line. From the SE corner of Section 33, Township 3 North, Range 76 West of the 6th P.M. the left
DECEMBER 2014 RESUME
WATER DIVISION 5 PAGE 10
abutment of the proposed dam bears North 61°30’ West, a distance of 2460 feet; thence North 30°0’West along the dam crest a
distance of 280 feet. Source: the pond will be filled with water diverted through the Red Top Valley Ditch which is diverted from the
North Fork of the Grand (Colorado) River; and Stillwater Creek in said Water District No. 51. If the pond intercepts groundwater such
water is tributary to the Colorado River. Appropriation date: September 9, 2000. Amount: 12.0 acre-feet, conditional with the right
to fill and refill in priority. Proposed Reservoir Dimensions:Surface area of pond at high water line: 2 acres Maximum height of dam
in feet: 8 feet Length of dam in feet: 280 feet Reservoir capacity: Total capacity: 12 acre feet, Activity capacity: 12 acre feet; Dead
storage: 0 acre feet; Uses: The water will be used for recreation, piscatorial, wildlife, stock watering, fire suppression, fish and
wildlife propagation. Name of structure for which diligence is sought: The Red Top Valley Ditch, Red Top Enlargement; Information
from original decree: Case No. 00CW169, District Court in and for Water Division No. 5; Subsequent decree: Case No. 07CW133;
Location: There are two points of diversion for the Red Top Valley Ditch one on the North Fork of the Colorado River and one on
Stillwater Creek all as set out in the decree for the Red Top Valley Ditch. The decree specifies that the points of diversion are “the
upper head-gate in on the right bank of the North Fork of the Grand River from which stream said ditch derives and diverts 93 and 1/3
of its water at a point whence the center of Section 2 Township 3 North, Range 76 West 6th
P.M. bears NE a short distance, the lower
headgate of said ditch is on the right bank of Stillwater Creek from which stream said ditch derives and diverts 6 and 2/3rds % of its
water at a point which bears N 55° 40’ E 1660 feet from the West quarter corner of section 22, Township 3 North, Range 76 West of
the 6th
P.M. being the point at which the ditch crosses Stillwater Creek; all as decreed in Civil Action No. 112; Source: North Fork of
the Colorado River (Grand) and Stillwater Creek. Date of Appropriation: September 9, 2000; Amount: 1 c.f.s. conditional; Uses: to fill
the Red Top Pond No. 1 for recreation, wildlife, piscatorial, stock watering, fire suppression, and wildlife propagation. Owner of land
upon which subject water rights will be located: Applicant. The Application includes a detailed outline of the work performed during
the diligence period toward the application of the subject water rights to beneficial use (7 pages).
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2015 to file with the Water Clerk a
verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be
granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the
applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5,
CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO
81601.
12. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES
COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER
CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2014. 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. 14CW3154 GARFIELD COUNTY Application for Water Rights to Preserve the Natural Environment to a Reasonable Degree. 1.
Name & address of Applicant: Colorado Water Conservation Board (“CWCB”) 1313 Sherman Street, Suite 718, Denver, CO 80203;
(303) 866-3441. Please direct communications regarding this case to Derek L. Turner, Assistant Attorney General, Natural Resources
& Environment Section- 1300 Broadway, 7th Floor, Denver, CO 80203; (720) 508-6306. 2. Name of water right: Meadow Creek
Instream Flow Water Right. 3. Legal Description:The Meadow Creek Instream Flow water right is located in the natural stream
channel of Meadow Creek, from the outlet of Meadow Creek Reservoir extending to the confluence with Main Elk Creek, a distance
of approximately 8.21 miles. This segment can be located on the Deep Creek Point and Meadow Creek Lake U.S.G.S. quadrangles. A
map of the Meadow Creek Instream Flow Water Rights is attached as Exhibit 1. A. Upstream Terminus: Outlet of Meadow Creek
Reservoir at: 1. UTM: Northing: 4409432.89 Easting: 282092.06 (NAD 1983 Zone 13 North). 2. PLSS: SE NE Section 12,
Township 3 South, Range 91West 6th
PM, 194’ West of the East Section Line; 2,490’ South of the North Section Line. 3. Lat/Long:
latitude 39° 48’ 25.08”N and longitude 107° 32’ 43.85”W. B. Downstream Terminus: Meadow Creek’s confluence with Main Elk
Creek at: 1. UTM: Northing: 4398191.75, Easting: 279846.06 (NAD 1983 Zone 13 North). 2. PLSS: SW NE Section 14, Township 4
South, Range 91 West 6th
PM, 1,296’ West of the East Section Line; 1,661’ South of the North Section Line. 3. Lat/Long: latitude 39°
42’ 18.74”N and longitude 107° 34’ 4.67”W. C. The Universal Transverse Mercator (UTM) and geographical descriptions (e.g.,
confluences) of the upstream and downstream termini are provided as the legal description for location of the water rights claimed in
this application. The Public Land Survey System (PLSS) and Lat/Long coordinates are provided as cross-reference locations only. The
UTM, PLSS and Lat/Long locations for the upstream and downstream termini were derived from CWCB GIS using the National
Hydrography Dataset (NHD). The PLSS locations in this application were derived from CWCB GIS using 2005 PLSS data from the
U.S. Bureau of Land Management's Geographic Coordinate Database. 4. Source: Meadow Creek, tributary to Main Elk Creek
tributary to Elk Creek tributary to the Colorado River. 5.A. Date of initiation of appropriation: January 28, 2014. B. How
appropriation was initiated: Appropriation and beneficial use occurred on January 28, 2014, by the action of the CWCB under the
provisions of sections 37-92-102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S. (2014). C. Date water applied to beneficial use:
January 28, 2014. 6. Amount of water claimed: Instream flow of 2.1 cfs (April 1 to September 30) and 1.3 cfs (October 1 to March
31), absolute. 7. Proposed Uses: Instream flow uses to preserve the natural environment to a reasonable degree. 8. Names and
addresses of owners or reputed owners of the land upon which any new or existing diversion structure will be located: The notice
required by section 37-92-302(2)(b), C.R.S. (2014), to the owners or reputed owners of the land upon which any new or existing
DECEMBER 2014 RESUME
WATER DIVISION 5 PAGE 11
diversion or storage structure is or will be constructed is not applicable in this case. This Application is for an instream flow water
right, exclusive to the CWCB under the provisions of section 37-92-102(3). As an instream flow water right, the CWCB’s
appropriation does not require diversion structures or storage. See City of Thornton ex rel. Utilities Bd. v. City of Fort Collins, 830
P.2d 915, 931 (Colo. 1992) ("A minimum stream flow does not require removal or control of water by some structure or device. A
minimum stream flow between two points on a stream or river usually signifies the complete absence of a structure or device."). The
CWCB’s appropriation of an instream water right does not affect ground water. 9. Remarks: This appropriation by the CWCB on
behalf of the people of the State of Colorado is made under the provisions of sections 37-92-102(3) and (4) and 37-92-103(3), (4) and
(10). The purpose of the CWCB’s appropriation is to preserve the natural environment to a reasonable degree. At its regular meeting
on May 22, 2014, the CWCB determined under the provisions of section 37-92-102(3)(c) that the natural environment will be
preserved to a reasonable degree by the water available for the appropriation to be made; that there is a natural environment that can
be preserved to a reasonable degree with the CWCB’s water right herein, if granted; and that such environment can exist without
material injury to water rights. (6 pgs.)
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2015 to file with the Water Clerk a
verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be
granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the
applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5,
CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO
81601.
13. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES
COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER
CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2014. 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. 14CW3155 GARFIELD Application for Water Rights to Preserve the Natural Environment to a Reasonable Degree. 1. Name &
address of Applicant: Colorado Water Conservation Board (“CWCB”) 1313 Sherman Street, Suite 718, Denver, CO 80203; (303)
866-3441. Please direct communications regarding this case to Patrick E. Kowaleski, Senior Assistant Attorney General, Natural
Resources & Environment Section- 1300 Broadway, 7th Floor, Denver, CO 80203; (720) 508-6297. 2. Name of water right: Left Fork
Carr Creek Instream Flow Water Right. 3. Legal description: The natural stream channel from the headwaters extending to the
Franklin Ditch No. 2 headgate being a distance of approximately 6.43 miles. This segment can be located on the Henderson Ridge
U.S.G.S. quadrangle. A map of the Left Fork Carr Creek Instream Flow Water Right is attached as Exhibit 1. A. Upstream Terminus
= Headwaters in the Vicinity of: 1. UTM: Northing: 4388551.13 Easting: 189602.68 (NAD 1983 Zone 13 North). 2. PLSS: NE NE
Section 28, Township 5 South, Range 100 West 6th PM 1,014’ West of the East Section Line; 500’ South of the North Section Line. 3.
Lat/Long: latitude 39° 35’ 25.76”N and longitude 108° 36’ 51.80”W. B. Downstream Terminus = Franklin Ditch No. 2 Headgate at:
1. UTM: Northing: 4384477.09 Easting: 198529.14 (NAD 1983 Zone 13 North). 2. PLSS: SW SW Section 1, Township 6 South,
Range 100 West 6th
PM 965’ East of the West Section Line; 603’ North of the South Section Line. 3. Lat/Long: latitude 39° 33’
25.33”N and longitude 108° 30’ 31.62”W. C. The Universal Transverse Mercator (UTM) and geographical descriptions (e.g.,
confluences) of the upstream and downstream termini are provided as the decree locations. The Public Land Survey System (PLSS)
and Lat/Long coordinates are provided as cross-reference locations only. The UTM, PLSS and Lat/Long locations for the upstream
and downstream termini were derived from CWCB GIS using the National Hydrography Dataset (NHD). The PLSS locations in this
decree were derived from CWCB GIS using 2005 PLSS data from the U.S. Bureau of Land Management's Geographic Coordinate
Database. 4. Source: Left Fork Carr Creek tributary to Carr Creek tributary to Roan Creek tributary to the Colorado River. 5.A. Date
of initiation of appropriation: January 28, 2014. B. How appropriation was initiated: Appropriation and beneficial use occurred on
January 28, 2014, by the action of the CWCB under the provisions of sections 37-92-102(3) and (4) and 37-92-103(3), (4) and (10),
C.R.S. (2014). C. Date applied to beneficial use: January 28, 2014. 6. Amount of water claimed: Instream flow of 2.0 cfs (4/1 – 8/31),
1.0 cfs (9/1 – 10/31) and 0.75 cfs (11/1 – 3/31), absolute. 7. Use of Water: Instream flow to preserve the natural environment to a
reasonable degree. 8. Names and addresses of owners or reputed owners of the land upon which any new or existing diversion
structure will be located: The notice required by section 37-92-302(2)(b), C.R.S. (2014), to the owners or reputed owners of the land
upon which any new or existing diversion or storage structure is or will be constructed is not applicable in this case. This Application
is for an instream flow water right, exclusive to the CWCB under the provisions of section 37-92-102(3). As an instream flow water
right, the CWCB’s appropriation does not require diversion structures or storage. See City of Thornton ex rel. Utilities Bd. v. City of
Fort Collins, 830 P.2d 915, 931 (Colo. 1992) ("A minimum stream flow does not require removal or control of water by some
structure or device. A minimum stream flow between two points on a stream or river usually signifies the complete absence of a
structure or device."). The CWCB’s appropriation of an instream water right also does not affect ground water. 9. Remarks: This
appropriation by the CWCB on behalf of the people of the State of Colorado is made under the provisions of sections 37-92-102(3)
and (4) and 37-92-103(3), (4) and (10). The purpose of the CWCB’s appropriation is to preserve the natural environment to a
reasonable degree. At its regular meeting on May 22, 2014, the CWCB determined under the provisions of section 37-92-102(3)(c)
that the natural environment will be preserved to a reasonable degree by the water available for the appropriation to be made; that
DECEMBER 2014 RESUME
WATER DIVISION 5 PAGE 12
there is a natural environment that can be preserved to a reasonable degree with the CWCB’s water right herein, if granted; and that
such environment can exist without material injury to water rights. (6 pgs.)
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2015 to file with the Water Clerk a
verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be
granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the
applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5,
CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO
81601.
14. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES
COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER
CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2014. 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.
14CW3156 GARFIELD COUNTY, IN EAST FORK PARACHUTE CREEK, A NATURAL STREAM, IN THE
PARACHUTE – ROAN WATERSHED. 1. Name and Address of Applicant, Colorado Water Conservation Board (“CWCB”),
1313 Sherman Street, Suite 718, Denver, CO 80203. Telephone: (303) 866-3441. Please direct all future correspondence and
pleadings regarding this Application to: Jennifer Mele, Senior Assistant Attorney General, Office of the Colorado Attorney General,
1300 Broadway, 7th
Floor, Denver, CO 80203. Telephone: (720) 508-6282. E-mail: [email protected]. APPLICATION FOR
INSTREAM FLOW WATER RIGHTS TO PRESERVE THE NATURAL ENVIRONMENT TO A REASONABLE DEGREE 2.
Name of water right: East Fork Parachute Creek Instream Flow Water Right. 3. Legal Description: the East Fork Parachute Creek
Instream Flow Water Right is located in the natural stream channel of the East Fork Parachute Creek from the confluence with Bull
Gulch extending to the Bureau of Land Management (BLM) boundary being a distance of approximately 1.28 miles. This segment can
be located on the Forked Gulch U.S.G.S. quadrangle. A map of the East Fork Parachute Creek Instream Flow Water Right reach is
attached as Exhibit 1 to the Application. A. Upstream Terminus: Confluence Bull Gulch at: 1. UTM: Northing: 4383629.51 Easting:
241002.27 (NAD 1983 Zone 13 North). 2. PLSS: SE SE Section 35, Township 5 South, Range 95 West 6th
PM 651’ West of the East
Section Line; 66’ North of the South Section Line. 3. Lat/Long: latitude 39° 33’ 47.8”N and longitude 108° 00’ 53.31”W. B.
Downstream Terminus: BLM Boundary at: 1. UTM: Northing: 4385096.90 Easting: 239652.69 (NAD 1983 Zone 13 North). 2.
PLSS: NW NW Section 35, Township 5 South, Range 95 West 6th
PM 25’ East of the West Section Line; 560’ South of the North
Section Line. 3. Lat/Long: latitude 39° 34’ 33.86”N and longitude 108° 01’ 51.86”W. C. The Universal Transverse Mercator (UTM)
and geographical descriptions (e.g., confluences) of the upstream and downstream termini are provided as the decree locations. The
Public Land Survey System (PLSS) and Lat/Long coordinates are provided as cross-reference locations only. The UTM, PLSS and
Lat/Long locations for the upstream and downstream termini were derived from CWCB GIS using the National Hydrography Dataset
(NHD). The PLSS locations in this application were derived from CWCB GIS using 2005 PLSS data from the U.S. Bureau of Land
Management's Geographic Coordinate Database. 4. Source: East Fork Parachute Creek tributary to Parachute Creek tributary to the
Colorado River. 5. A. Date of initiation of appropriation: January 28, 2014. B. How appropriation was initiated: Appropriation
and beneficial use occurred on January 28, 2014, by the action of the CWCB pursuant to sections 37-92-102(3) and (4) and 37-92-
103(3), (4) and (10), C.R.S. (2014). C. Date applied to beneficial use: January 28, 2014. 6. Amount of water claimed: Instream
flow of 5.0 cfs (4/15 – 6/30) and 0.65 cfs (7/1 – 4/14), absolute. 7. Proposed Uses: Instream flow uses to preserve the natural
environment to a reasonable degree. 8. Names and address of owners or reputed owners of the land upon which any new or
existing diversion structure will be located: The notice required by section 37-92-302(2)(b), C.R.S. (2014), to the owners or
reputed owners of the land upon which any new or existing diversion or storage structure is or will be constructed is not applicable in
this case. This Application is for instream flow water rights, exclusive to the CWCB under the provisions of section 37-92-102(3),
C.R.S. (2014). As instream flow water rights, the CWCB’s appropriations do not require diversion structures or storage. See City of
Thornton ex rel. Utilities Bd. v. City of Fort Collins, 830 P.2d 915, 931 (Colo. 1992) (“A minimum stream flow does not require
removal or control of water by some structure or device. A minimum stream flow between two points on a stream or river usually
signifies the complete absence of a structure or device.”). The CWCB’s appropriation of an instream flow water right also does not
affect ground water. 9. Remarks: These appropriations by the CWCB on behalf of the people of the State of Colorado are made
under the provisions of sections 37-92-102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S. (2014). The purpose of the CWCB’s
appropriations is to preserve the natural environment to a reasonable degree. At its regular meeting on May 22, 2014, the CWCB
determined, pursuant to section 37-92-102(3)(c), C.R.S. (2014), that the natural environment will be preserved to a reasonable degree
by the water available for the appropriations to be made; that there is a natural environment that can be preserved to a reasonable
degree with the CWCB’s water right herein, if granted; and that such environment can exist without material injury to water rights. (6
pgs.)
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2015 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,
DECEMBER 2014 RESUME
WATER DIVISION 5 PAGE 13
CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO
81601.
15. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES
COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER
CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2014. 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.
14CW3157 GARFIELD AND MESA COUNTIES. Application for Water Rights to Preserve the Natural Environment to a
Reasonable Degree. 1. Name & address of Applicant: Colorado Water Conservation Board (“CWCB”) 1313 Sherman Street, Suite
718, Denver, CO 80203; (303) 866-3441. Please direct communications regarding this case to Jeffrey N. Candrian, Assistant Attorney
General, Natural Resources & Environment Section- 1300 Broadway, 7th Floor, Denver, CO 80203; (720) 508-6288. 2. Name of
water right: Upper East Divide Creek Instream Flow Water Right. 3. Legal Description: The Upper East Divide Creek Instream Flow
Water Right is located in the natural stream channel from the confluence with Gennings Creek extending to the confluence with Camp
Creek being a distance of approximately 3.52 miles. This segment of East Divide Creek can be located on the Center Mountain and
Quaker Mesa U.S.G.S. quadrangles. A map of the Upper East Divide Creek Instream Flow Water Right is attached as Exhibit 1. A.
Upstream Terminus = Confluence with Gennings Creek at: 1. UTM: Northing: 4357464.01 Easting: 286847.73 (NAD 1983 Zone 13
North). 2. PLSS: SW SW Section 20, Township 8 South, Range 90 West 6th
PM 210’ East of the West Section Line; 739’ North of the
South Section Line. 3. Lat/Long: latitude 39° 20’ 25.26”N and longitude 107° 28’ 23.95”W. B. Downstream Terminus = Confluence
with Camp Creek at: 1. UTM: Northing: 4362318.95 Easting: 286791.88 (NAD 1983 Zone 13 North). 2. PLSS: SE SE Section 6,
Township 8 South, Range 90 West 6th
PM 215’ West of the East Section Line; 828’ North of the South Section Line. 3. Lat/Long:
latitude 39° 23’ 2.55”N and longitude 107° 28’ 31.83”W. C. The Universal Transverse Mercator (UTM) and geographical description
(e.g., confluences) of the upstream and downstream termini are provided as the decree locations. The Public Land Survey System
(PLSS) and Lat/Long coordinates are provided as cross-reference locations only. The UTM, PLSS and Lat/Long locations for the
upstream and downstream termini were derived from CWCB GIS using the National Hydrography Dataset (NHD). The PLSS
locations in this application were derived from CWCB GIS using 2005 PLSS data from the U.S. Bureau of Land Management's
Geographic Coordinate Database. 4. Source: East Divide Creek, tributary to Divide Creek, tributary to the Colorado River. 5.A. Date
of initiation of appropriation: January 28, 2014. B. How appropriation was initiated: Appropriation and beneficial use occurred on
January 28, 2014, by the action of the CWCB under the provisions of sections 37-92-102(3) and (4) and 37-92-103(3), (4) and (10),
C.R.S. (2014). C. Date applied to beneficial use: January 28, 2014. 6. Amount of water claimed: Instream flow of 1.4 cfs (4/1 – 4/15),
4.8 cfs (4/16– 6/30), 1.5 cfs (7/1 – 7/15), 1.2 cfs (7/16 – 7/30) and 0.3 cfs (8/1 – 3/31), absolute. 7. Use of Water: Instream flow to
preserve the natural environment to a reasonable degree. 8. Names and addresses of owners or reputed owners of the land upon which
any new or existing diversion structure will be located: The notice required by section 37-92-302(2)(b), C.R.S. (2014), to the owners
or reputed owners of the land upon which any new or existing diversion or storage structure is or will be constructed is not applicable
in this case. This Application is for an instream flow water right, exclusive to the CWCB under the provisions of section 37-92-102(3).
As an instream flow water right, the CWCB’s appropriation does not require diversion structures or storage. See City of Thornton ex
rel. Utilities Bd. v. City of Fort Collins, 830 P.2d 915, 931 (Colo. 1992) (“A minimum stream flow does not require removal or control
of water by some structure or device. A minimum stream flow between two points on a stream or river usually signifies the complete
absence of a structure or device”). The CWCB’s appropriation of an instream water right also does not affect ground water. 9.
Remarks: This appropriation by the CWCB on behalf of the people of the State of Colorado is made under the provisions of sections
37-92-102(3) and (4) and 37-92-103(3), (4) and (10). The purpose of the CWCB’s appropriation is to preserve the natural environment
to a reasonable degree. At its regular meeting on May 22, 2014, the CWCB determined under the provisions of section 37-92-
102(3)(c) that the natural environment will be preserved to a reasonable degree by the water available for the appropriation to be
made; that there is a natural environment that can be preserved to a reasonable degree with the CWCB’s water right herein, if granted;
and that such environment can exist without material injury to water rights. (6 pgs.)
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2015 to file with the Water Clerk a
verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be
granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the
applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5,
CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO
81601.
16. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES
COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER
CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2014. The water right claimed by this
application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected
rights must appear to object and protest within the time provided by statute, or be forever barred.
DECEMBER 2014 RESUME
WATER DIVISION 5 PAGE 14
14CW3158 GARFIELD COUNTY Application for Water Rights to Preserve the Natural Environment to a Reasonable Degree. 1.
Name & address of Applicant: Colorado Water Conservation Board (“CWCB”) 1313 Sherman Street, Suite 718, Denver, CO 80203;
(303) 866-3441. Please direct communications regarding this case to Jeffrey N. Candrian, Assistant Attorney General, Natural
Resources & Environment Section- 1300 Broadway, 7th Floor, Denver, CO 80203; (720) 508-6288. 2. Name of water right: Lower
East Divide Creek Instream Flow Water Right. 3. Legal description: The natural stream channel from the confluence with Camp
Creek extending to the confluence with June Creek being a distance of approximately 9.51 miles. This segment can be located on the
Center Mountain and Gibson Gulch U.S.G.S. quadrangles. A map of the Lower East Divide Creek Instream Flow Water Right is
attached as Exhibit 1. A. Upstream Terminus = Confluence with Camp Creek at: 1. UTM: Northing: 4362318.95 Easting: 286791.88
(NAD 1983 Zone 13 North). 2. PLSS: SE SE Section 6, Township 8 South, Range 90 West 6th
PM 215’ West of the East Section
Line; 828’ North of the South Section Line. 3. Lat/Long: latitude 39° 23’ 2.55”N and longitude 107° 28’ 31.83”W. B. Downstream
Terminus = Confluence with June Creek at: 1. UTM: Northing: 4368121.47 Easting: 277882.17 (NAD 1983 Zone 13 North). 2. PLSS:
SE NW Section 20, Township 7 South, Range 91 West 6th
PM 1,658’ East of the West Section Line; 2,100’ South of the North
Section Line. 3. Lat/Long: latitude 39° 26’ 2.5”N and longitude 107° 34’ 50.83”W. C. The Universal Transverse Mercator (UTM)
and geographical descriptions (e.g., confluences) of the upstream and downstream termini are provided as the decree locations. The
Public Land Survey System (PLSS) and Lat/Long coordinates are provided as cross-reference locations only. The UTM, PLSS and
Lat/Long locations for the upstream and downstream termini were derived from CWCB GIS using the National Hydrography Dataset
(NHD).The PLSS locations in this application were derived from CWCB GIS using 2005 PLSS data from the U.S. Bureau of Land
Management's Geographic Coordinate Database. 4. Source: East Divide Creek, tributary to Divide Creek, tributary to Colorado River.
5.A. Date of initiation of appropriation: January 28, 2014. B. How appropriation was initiated: Appropriation and beneficial use
occurred on January 28, 2014, by the action of the CWCB under the provisions of sections 37-92-102(3) and (4) and 37-92-103(3), (4)
and (10), C.R.S. (2014). C. Date applied to beneficial use: January 28, 2014. 6. Amount of water claimed: Instream flow of 3.0 cfs
(4/1 – 4/15), 7.2 cfs (4/16 – 6/30), 3.0 cfs (7/1 – 7/31) and 1.1 cfs (8/1 – 3/31), absolute. 7. Use of Water: Instream flow to preserve
the natural environment to a reasonable degree. 8. Names and addresses of owners or reputed owners of the land upon which any new
or existing diversion structure will be located: The notice required by section 37-92-302(2)(b), C.R.S. (2014), to the owners or
reputed owners of the land upon which any new or existing diversion or storage structure is or will be constructed is not applicable in
this case. This Application is for an instream flow water right, exclusive to the CWCB under the provisions of section 37-92-102(3).
As an instream flow water right, the CWCB’s appropriation does not require diversion structures or storage. See City of Thornton ex
rel. Utilities Bd. v. City of Fort Collins, 830 P.2d 915, 931 (Colo. 1992) (“A minimum stream flow does not require removal or control
of water by some structure or device. A minimum stream flow between two points on a stream or river usually signifies the complete
absence of a structure or device”). The CWCB’s appropriation of an instream water right also does not affect ground water. 9.
Remarks: This appropriation by the CWCB on behalf of the people of the State of Colorado is made under the provisions of sections
37-92-102(3) and (4) and 37-92-103(3), (4) and (10). The purpose of the CWCB’s appropriation is to preserve the natural environment
to a reasonable degree. At its regular meeting on May 22, 2014, the CWCB determined under the provisions of section 37-92-
102(3)(c) that the natural environment will be preserved to a reasonable degree by the water available for the appropriation to be
made; that there is a natural environment that can be preserved to a reasonable degree with the CWCB’s water right herein, if granted;
and that such environment can exist without material injury to water rights. (6 pgs.)
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2015 to file with the Water Clerk a
verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be
granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the
applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5,
CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO
81601.
17. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES
COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER
CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2014. 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.
14CW3159 GRAND COUNTY, COLORADO RIVER, WATER DIVISION NO. 5; 1. Sunset Ridge Estates Homeowners
Association, c/o Kris Schneider, P.O. Box 1192, Fraser, Colorado 80442 (970)726-5892. Stanley W. Cazier, P.O. Box 500, Granby,
Colorado, 80446, (970)887-3376. 2. APPLICATION FOR FINDING OF REASONABLE DILIGENCE ON UNDERGROUND
WATER RIGHTS AND AUGMENTATION INCLUDING EXCHANGE. 3. Name of Structure: Sunset Ridge Estates Wells
Nos. 1 - 10. 4. Source: Wells tributary to Ranch Creek. 5. Location: The application contains the location of all wells, all of which
are located in Section 8, T1S, R75W of the 6th
P.M. (map attached to application), all of which are in Grand County, Colorado. 6.
Type of Use: Household and livestock watering. 7. Type of Structure: Wells. 8. Quantity: 15.0 gpm per well, total 3.55 acre-feet. 9.
Additional Information: The application contains a detailed outline of the work performed during the diligence period. Original Water
Application 94CW46 (Original Permits 13320-13329). The augmentation/exchange water is pursuant to a Middle Park Water
Conservancy District contract, water released from Granby Reservoir, C.A. 1768, 85CW135. (125 pages)
DECEMBER 2014 RESUME
WATER DIVISION 5 PAGE 15
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2015 to file with the Water Clerk a
verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be
granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the
applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5,
CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO
81601.
18. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES
COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER
CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2014. 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. 14CW3160 PITKIN COUNTY – LG Gulch, Tributary to the Roaring Fork River. Application for Finding of Reasonable
Diligence. Applicants: Jeffrey and Susan Miller 9516 Bella Terra Drive, Fort Worth, TX 76126; c/o Robert M. Noone, Esq., The
Noone Law Firm, P.C., P.O. Box 39, Glenwood Springs, CO 81602. Claim for Finding of Reasonable Diligence: Structures: LG
Aspen Well, LG Aspen Pond and LG Gulch Ditch Decree for Structures: Originally decreed by the Division 5 Water Court in Case
No. 06CW209, December 3, 2008. Conditional Rights Descriptions: LG Aspen Well Location: NW ¼ NE ¼, Section 20, Township
10 South, Range 84 West, 6 P.M., 1,000 feet south of the north section line and 1,900 feet west of the east section line. LG Aspen
Pond Location: NW ¼ NE ¼, Section 20, Township 10 S., Range 84 W., 6 P.M.,1,100 feet south of the north section line and 1,800
feet west of the east section line. LG Gulch Ditch Location: The LG Gulch Ditch diverts from LG Gulch in the NW1/4 of the NE1/4
of Section 20, Township 10 South, Range 84 West of the 6th P.M.; 740 feet from the North section line and 1,770 feet from the east
section line. Source for LG Aspen Well: Groundwater tributary to the Roaring Fork River. Source for LG
Aspen Pond: The LG Aspen Pond is an off-channel reservoir that will be filled and refilled by diversions from the LG Gulch Ditch,
which diverts from LG Gulch, a tributary of the Roaring Fork River. Source for LG Gulch Ditch: LG Gulch, a tributary of the
Roaring Fork River. Appr. Date for LG Aspen Well, LG Aspen Pond and LG Gulch Ditch: April 25, 2006. Amount/Uses for LG
Aspen Well: 15 g.p.m. (1.0 AF per year), conditional for the irrigation of up to 5,000 sq. ft. of lawns and gardens, and Domestic in-
house use for a single family residence including a caretaker dwelling unit and fire protection. Amount/Uses for LG Aspen Pond:
1.0 a.f. (0.25 cfs), conditional for aesthetics, piscatorial, wildlife watering, recreation, fire protection, and augmentation. Amount/Uses
for LG Gulch Ditch: 100 g.p.m. (0.22 cfs; 35.3 AF/yr. cumulative for both wells), conditional, for Domestic uses associated with
thirty-two (32) single family residence units and sixteen (16) town home units within the Development and domestic uses associated
with up to four (4) single family residence units in the Mesa View Subdivision located in the S½ of Section 27 and the NE ¼ NE ¼ of
Section 34, adjacent to the Development; Commercial uses associated with a fifty (50) seat restaurant at the adjacent Meeker Golf
Course located in the SE ¼ SW ¼ of Section 27; Livestock watering for up to 32 head of livestock; and Fire protection in connection
with the Development. Outline of Diligent Efforts to Complete Appropriation: During the diligence period, During the diligence
period, the Applicant has expended in excess of $750,000.00 in development costs and fees incurred in developing this integrated
water supply system, including obtaining the final land use approvals from Rio Blanco County Board of County Commissioners for
the development of Ridge Estates Subdivision (Ridge Estates PUD Agreement, Rio Blanco County Clerk and Recorder’s Recep. No.
296818), the real property where the subject water rights are located and are to be used; constructing the internal roads of Ridge
Estates Subdivision; completing the installation and permitting of the Ridge Estates Well No. 1 (Permit No. 68204-F) and Ridge
Estates Well No. 2 (Permit No. 68203-F) for their decreed purposes and installing the infrastructure required to deliver water to the
lots within Ridge Estates Subdivision for their decreed uses. The Applicant also retained the services of the Noone Law Firm, P.C.,
during the diligence period to monitor water rights filings in Division 6 for potential adverse impacts to the claimed conditional water
rights. (7 pp., Incl. Exhibits.)
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2015 to file with the Water Clerk a
verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be
granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the
applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5,
CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO
81601.
19. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES
COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER
CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2014. 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.
14CW3161 MESA COUNTY, RED CANYON CREEK, TRIBUTARY TO COLORADO RIVER. Gregory L. Green and Debra
A. Green, 476 E. Scenic Drive, Grand Junction, CO 81507, (970) 858-0115 (business - Greg), (970) 245-4044 (home), Applicant’s
attorneys: Mark A. Hermundstad and Kirsten M. Kurath, Williams, Turner & Holmes, P.C., P.O. Box 338, Grand Junction, CO 81502,
DECEMBER 2014 RESUME
WATER DIVISION 5 PAGE 16
(970) 242-6262, [email protected], [email protected]. Application For Absolute Water Storage Right and Absolute
Surface Water Rights. All of the water rights claimed in the Application are part of a single integrated water system to supply water to
Applicants’ property described as Lot 1, Greg Green Subdivision, County of Mesa, State of Colorado (“Applicants’ Property”). First
Claim for Relief: Absolute Water Storage Rights: Name of Reservoir: Green Pond. Legal Description of Location of Dam (see map
attached as Exhibit A on the Application): The dam for the Pond is located in Mesa County in the NE1/4 NE1/4, Sec. 17, T. 1 S., R. 1
W., Ute P.M., with the center of the dam at a point 856 ft from the north section line and 344 ft from the east section line of said Sec,
17. UTM coordinates: Northing: 4331295.5024, Easting: 187759.558, Datum: NAD83; Units: meters; Zone 13; Source: Red Canyon
Creek, waste and tail water from the irrigation of Applicants’ Property and other properties in the vicinity of the pond, and natural
runoff occurring above the pond. All of these sources are tributary to Red Canyon Creek, tributary to the Colorado River. If Filled
From a Ditch: Not applicable. The dam for the pond is located on Red Canyon Creek. Appropriation Date: July 1, 1977. Date Water
Applied to Beneficial Use: July 1, 1977. Amount Claimed: 8.9 acre feet, absolute, together with the right to fill and refill the pond
when water is available in priority. Since construction of the pond, the structure has provided storage for the uses specified herein.
Beneficial use includes the “impoundment of water for firefighting or storage for any purpose for which an appropriation is lawfully
made, including recreational, fishery, or wildlife purposes”. C.R.S. 37-92-103(4)(a). Accordingly, the storage of the water for these
purposes has completed the appropriation and Applicants are entitled to an absolute water right for the pond. Use: irrigation, stock
watering, recreation, wildlife watering, waterfowl habitat, and fire protection purposes. Historically, 7.9 acres have been irrigated by
water from the pond. Dam and Reservoir Info: Surface Area of High Water Line: approx. 0.8 acres. Maximum Height of Dam: 10 feet
(jurisdictional height). Length of Dam: 115 ft. Total Capacity: 8.9 acre feet. Active capacity: 5.3 acre feet. Dead storage: 3.6 acre
feet. Name and address of landowners: Applicants. Remarks: The initial date of construction of the Green Pond is not known, but the
pond is clearly evident in the 1977 aerial photograph available on the Mesa County website. A water right has never been adjudicated
for the pond. Applicants have continued to use pond for irrigation of Applicants’ Property, but a portion of the capacity of the pond
has silted in in recent years. The pond historically was excavated below grade behind the dam, and Applicants intend to dredge the
pond and restore the historical capacity. Applicants estimate that the maximum depth of the Pond will be approximately 15 feet when
the dredging is completed. Second Claim for Relief: Absolute Surface Water Right: Name of Structure: Green Pipeline No. 1. Type of
Structure: Pipeline. Legal Description (see map attached as Exhibit A to the Application): The headgate is located in Mesa County in
the NE1/4 NE1/4, Sec. 17, T. 1 S., R. 1 W., Ute P.M., at a point 813 ft from the north section line and 368 ft from the east section line
of said Sec. 17. . UTM coordinates: Northing: 4331309.1284, Easting: 187752.5341, Datum: NAD83; Units: meters; Zone 13; Source:
Red Canyon, tributary to the Colorado River. Appropriation Date: July 1, 1977. Date Water Applied to Beneficial Use: July 1, 1977.
Amount Claimed: 0.4 c.f.s., absolute. Water has historically been diverted through the existing 6-inch diameter Green Pipeline No. 1
for irrigation of the portion of Applicants’ Property shown on Exhibit A to the Application. The irrigated field is located within the
Colorado River floodplain, and the soil comprising the field is characterized as very sandy loam overlying coarser sands and gravels.
As a result, the soil exhibits high infiltration rates. The diversion rate claimed above is required to overcome the high infiltration rates
and provide adequate irrigation of the field. Use: irrigation purposes. Historically, 4.3 acres have been irrigated by water diverted
under this water right. The historically irrigated acreage is located on Applicants’ Property. Name and address of landowners:
Applicants. Remarks: The point of diversion of the Green Pipeline No. 1 is located in the dam for Green Pond. As described above,
the dam for Green Pond is constructed across Red Canyon Creek. Water flowing in Red Canyon Creek is diverted into the Green
Pipeline No. 1 and used directly for irrigation of a portion of Applicant’s Property. Third Claim for Relief: Absolute Surface Water
Right: Name of Structure: Green Pipeline No. 2. Type of Structure: Pipeline. Legal Description (see map attached as Exhibit A on the
Application): The headgate is located in Mesa County in the NE1/4 NE1/4, Sec. 17, T. 1 S., R. 1 W., Ute P.M., at a point 879 ft from
the north section line and 341 ft from the east section line of said Sec 17. UTM coordinates: Northing: 4331288.6011, Easting:
187760.0688, Datum: NAD83; Units: meters; Zone 13; Source: Red Canyon, tributary to the Colorado River. Appropriation Date:
July 1, 1977. Date Water Applied to Beneficial Use: July 1, 1977. Amount Claimed: 0.34 c.f.s., absolute. Water has historically been
diverted through the existing 6-inch diameter Green Pipeline No. 2 for irrigation of the portion of Applicants’ Property shown on
Exhibit A on the Application. The irrigated field is located within the Colorado River floodplain, and the soil comprising the field is
characterized as very sandy loam overlying coarser sands and gravels. As a result, the soil exhibits high infiltration rates. The
diversion rate claimed above is required to overcome the high infiltration rates and provide adequate irrigation of the field. Use:
irrigation purposes. Historically, 3.6 acres have been irrigated by water diverted under this water right. The historically irrigated
acreage is located on Applicants’ Property. Name and address of landowners: Applicants. Remarks: The point of diversion of the
Green Pipeline No. 2 is located in the dam for Green Pond. As described above, the dam for Green Pond is constructed across Red
Canyon Creek. Water flowing in Red Canyon Creek is diverted into the Green Pipeline No. 2 and used directly for irrigation of a
portion of Applicant’s Property. (9 pages)
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2015 to file with the Water Clerk a
verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be
granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the
applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5,
CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO
81601.
DECEMBER 2014 RESUME
WATER DIVISION 5 PAGE 17
20. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES
COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER
CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2014. 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.
14CW3162 PITKIN COUNTY, Richard C. Blum Family Partnership, L.P., Application to Make a Portion of Conditional Water
Right Absolute, and For Finding of Reasonable Diligence, c/o Holland & Hart LLP. Name, address, and telephone number of
Applicant: P.O. Box 2202, Aspen, CO 81612, (970) 925-1133. Names of structure: Brattleboro Well No. 1 Information from
previous decree: A.Original decree: Case No. 01CW011, November 19, 2001, District Court, Water Division No. 5 B. Decree
granting finding of diligence: Case No. 07CW209, December 29, 2008, District Court, Water Division No. 5 C. Legal Description:
SE1/4 NE1/4 Section 22, Township 9 South, Range 85 West of the 6th P.M. in Pitkin County, Colorado, at a point 2,217 feet South of
the North section line and 344 feet West of the East section line. See map attached to application. D. Source: Mancos Shale
Formation; ground water tributary to Woody Creek, which is tributary to the Roaring Fork River, which is tributary to the Colorado
River. E. Approp Date: October 17, 1996. F. Amount: The decreed amount of water is 15 gpm, absolute, for ordinary household
purposes within two single-family dwellings, and 15 gpm, conditional, for all other permitted uses, including fire protection, the
watering of poultry, domestic animals, and livestock on a farm or ranch, the irrigation of not over one acre of home gardens and
lawns, and use in one additional single family dwelling. G. Decreed use: On November 19, 2001, in Case No. 01CW011, the Court for
Water Division No. 5 awarded to Brattleboro Well No. 1 an absolute water right for use for ordinary household purposes within two
single-family dwellings, and conditional rights for all other permitted uses as described above. H. Well Permit: Well Permit No.
204465 is exempt pursuant to C.R.S. § 37-92-602. Claim to Make Absolute: Applicant claims 15 gpm, absolute, for fire protection
uses. The fire sprinkler system for the main house on the property is supplied by the Brattleboro Well No. 1. This was confirmed on
December 3, 2015. Evidence of diligence: Applicant has continued to take steps to diligently develop the decreed conditional water
rights associated with the Brattleboro Well No. 1, including, without limitation, the activities identified in the list below. This list is
not intended to be inclusive and may be supplemented by additional evidence. In 2011, Applicant replaced the pump in the Brattleboro
Well No. 1 at a cost of approximately $4,000. In 2014, Applicant replaced the entire water treatment system associated with the
Brattleboro Well No. 1 at a cost of approximately $39,500. In addition to replacing the pump and the water treatment system,
Applicant has conducted regular and necessary maintenance activities concerning the Brattleboro Well No. 1 and associated
equipment to keep the water facilities in working order, so that water may be available in sufficient quantities for all decreed uses.
During the diligence period, Applicant consulted with its water resources consultants concerning the above-described activities.
Owner of the land: Applicant. (6 pgs.)
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2015 to file with the Water Clerk a
verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be
granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the
applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5,
CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO
81601.
21. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES
COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER
CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2014. 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.
14CW3163 PITKIN COUNTY, CAPITOL CREEK, ROARING FORK RIVER. Application to Make Conditional Water Right
Absolute or for Findings of Reasonable Diligence. Applicant: Lazy-O Ranch Homeowners Association, Inc., c/o Holland & Hart LLP,
600 E. Main Street, Suite 104, Aspen, CO 81601, (970) 925-3476. Name of structure: Lazy-O Reservoir No. 2. Original decree:
07/19/1993, Case No.: 91CW170, Water Div. No. 5. Location: Sec. 3. T. 9 S. R. 86 W. of the 6th
P.M., Pitkin County, Colorado, being
more particularly described as follows: beginning at a pt. whence the N. ¼ corner of said Sec. 3 bears N. 23°18’37” E. 5,570.90 ft.,
thence along the axis of the reservoir dam the following courses: (1) N 49°29’23” W 145.41 ft; thence (2) N 50°52’53” W 165.12 ft;
thence (3) N 59°01’12” W 60.28 ft, thence (4) N 89°52’30” W 31.48 ft, thence (5) S 53°05’36” W 69.12 ft, thence (6) S 32°12’51” W
115.23 ft, to the point of ending; the approx. location of the reservoir with reference to distances from section lines is: the center of
the dam outlet is in the SW 1/4 SW 1/4 of Sec. 3, T. 9 S., R. 86 W., 6th P.M., at a point approx. 420 ft. form the W. sec. line and 310
ft. from the S. sec. line. Source: Capitol Creek, tributary to the Roaring Fork River. Approp. date: 8/01/1989. Decreed Amounts: 14.5
acre-feet, absolute, for domestic, augmentation and exchange; 4.1 acre-feet, conditional, for irrigation and fish and wildlife
propagation, with the right to fill and refill when water is physically and legally available. Uses: irrigation, domestic, fish and wildlife
propagation, augmentation and exchange. Applicant seeks a finding that conditional portion of this water right has been made absolute
for all decreed purposes. A detailed outline of activity during the most recent diligence period is included in the Application. (5 pages)
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2015 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
DECEMBER 2014 RESUME
WATER DIVISION 5 PAGE 18
granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the
applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5,
CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO
81601.
22. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES
COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER
CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2014. 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.
14CW3164 EAGLE AND PITKIN COUNTIES; FRYINGPAN RIVER, ROARING FORK RIVER, COLORADO RIVER.
Taylor Creek Ranch, Inc., P.O. Box 1657, Basalt, CO 81621, c/o Michael J. Sawyer, Esq. and Jeffrey J. Conklin, Esq., Karp Neu
Hanlon, P.C., 201 14th
Street, Suite 200, Glenwood Springs, CO 81601. Application to Make Conditional Water Rights (Exchanges)
Absolute, or in the Alternative, Application for Finding of Reasonable Diligence. Robinson Ditch Exchange: Date of original decree:
12/3/2009, in Case No. 05CW141, District Court, Water Div. 5. Subsequent decrees awarding findings of diligence: N/A. Location:
The exchange reach follows the Roaring Fork River from the point of diversion for the Robinson Ditch (as described in Case No.
05CW141) up to the confluence of the Fryingpan River, then up the Fryingpan River to the confluence with Taylor Creek. Upper
Terminus: The confluence of the Fryingpan River and Taylor Creek, location in the NW1/4 NE1/4, Sec. 12, T8S, R86W, 6th
P.M., at a
point 992 feet from the North section line and 2,152 feet from the East section line. Lower Terminus: The point of diversion for the
Robinson Ditch is in the NW1/4 SE1/4 of Sec. 11, T8S, R87W, 6th
P.M., approximately 2,300 feet from the South section line and
2,360 feet from the East section line. Rate of Exchange: 0.17 c.f.s., conditional. Source of Exchange Deliveries: Exchange water will
be delivered from the Robinson Ditch, the lower terminus of the exchange reach, the source of supply for which is the Roaring Fork
River. Appropriation date: 7/29/2005. Green Mountain Exchange: Date of original decree: 12/3/2009, in Case No. 05CW141, District
Court, Water Div. 5. Subsequent decrees awarding findings of diligence: N/A. Location: The exchange reach follows the Roaring
Fork River from the confluence with the Colorado River up to the confluence of the Fryingpan River, then up the Fryingpan River to
the confluence with Taylor Creek. Upper Terminus: The confluence of the Fryingpan River and Taylor Creek, located in Lot 2 of Sec.
12, T8S, R86W, 6th
P.M., at a point 1,000 feet from the North section line and 2,290 feet from the East section line. Lower Terminus:
The confluence of the Roaring Fork River and the Colorado River, located in the SE1/4 of the NW1/4 of Sec. 9, T6S, R89W, 6th
P.M.,
approximately 2,200 feet from the North section line and 2,400 feet from the West section line. Rate of Exchange: 0.17 c.f.s.,
conditional. Source of Exchange Deliveries: Exchange water will be delivered from Green Mountain Reservoir (as described in Case
No. 05CW141) to the confluence of the Colorado River and the Roaring Fork River, the lower terminus of the exchange reach.
Appropriation date: 7/29/2005. Taylor Creek Pond Inlet Exchange: Date of original decree: 12/3/2009, in Case No. 05CW141, District
Court, Water Div. 5. Subsequent decrees awarding findings of diligence: N/A. Location: The exchange reach follows Taylor Creek
from the location of the point of diversion for the Taylor Creek Pond Inlet (as described in Case No. 05CW141), and extends to the
confluence of Taylor Creek and the Fryingpan River. Upper Terminus: Point of diversion for the Taylor Creek Pond Inlet, located in
Sec. 1, T8S, R86W, 6th
P.M. at a point 410 feet north of the South Section Line and 2023 feet west of the East Section Line of said
Section 1. Lower Terminus: The confluence of Taylor Creek and the Fryingpan River, located in Lot 2 of Sec. 12, T8S, R86W, 6th
P.M., approximately 1,000 feet from the North section line and 2, 290 feet from the East section line. Rate of Exchange: 0.13 c.f.s.,
conditional. Appropriation date: 6/30/2005. Uses: Piscatorial and aesthetic. Source of Exchange Deliveries: Exchange water will be
delivered from the Basalt Water Conservancy District augmentation water supply sources, as identified in Case No. 05CW141, to the
confluence of Taylor Creek and the Fryingpan River, located in Lot 2 of Sec. 12, T8S, R86W, 6th
P.M., approximately 1,000 feet from
the North section line and 2,290 feet from the East section line. Freiler Spring Exchange. Date of original decree: 12/3/2009, in Case
No. 05CW141, District Court, Water Div. 5. Subsequent decrees awarding findings of diligence: N/A. Location: The exchange reach
follows Taylor Creek from the location of the point of diversion for the Freiler Spring, as described in Case No. 05CW141, and
extends to the confluence of Taylor Creek and the Fryingpan River. Upper Terminus: Point of diversion for the Freiler Spring, located
in Tract 39, Sec. 1, T8S, R86W, 6th P.M. at a point whence Angle Point No. 1 of said Tract 39 bears N. 71°54'03" E. 722.50 feet.
Lower Terminus: The confluence of Taylor Creek and the Fryingpan River, located in Lot 2 of Sec. 12, T8S, R86W, 6th
P.M.,
approximately 1,000 feet from the North section line and 2, 290 feet from the East section line. Rate of Exchange: 0.04 c.f.s.,
conditional. Appropriation date: 6/30/2005. Uses: Piscatorial and aesthetic. Source of Exchange Deliveries: Exchange water will be
delivered from the Basalt Water Conservancy District augmentation water supply sources, as identified in Case No. 05CW141, to the
confluence of Taylor Creek and the Fryingpan River, the lower terminus of the exchange reach. Claim to Make Absolute: By notice
filed with the Division Engineer on October 10, 2011, Applicant provided notice that the subject plan for augmentation was
operational and notice of intent to operate the Taylor Creek Pond Inlet Exchange and Freiler Spring Exchange. See Exhibit C.
Applicant operated the Taylor Creek Pond Inlet water right and Freiler Spring water right out-of-priority pursuant to its Water
Allotment Contract with the Basalt Water Conservancy District, Contract No. 468, thus utilizing the subject exchange water rights
described herein. See Exhibit D. Robinson Exchange: Date water applied to beneficial use: Not later than July 16, 2012 when a call
was placed on the Colorado River Main Stem by Grand Valley Canal (Admin No. 30895.23491). Amount: 0.17 c.f.s., absolute. Use:
Augmentation. Description of place of use where water is applied to beneficial use: The Taylor Creek Ranch consists of
DECEMBER 2014 RESUME
WATER DIVISION 5 PAGE 19
approximately 76.64 acres generally located in the SE1/4 of Sect. 1 and the NE1/4 of Sec. 12, T8S, R86W, 6th
P.M. Green Mountain
Exchange: Date water applied to beneficial use: Not later than July 16, 2012 when a call was placed on the Colorado River Main
Stem by Grand Valley Canal (Admin No. 30895.23491). Amount: 0.17 c.f.s., absolute. Use: Augmentation. Description of place of
use where water is applied to beneficial use: The Taylor Creek Ranch consists of approximately 76.64 acres generally located in the
SE1/4 of Sec. 1 and the NE1/4 of Sec. 12, T8S, R86W, 6th
P.M. Taylor Creek Pond Inlet Exchange: Date water applied to beneficial
use: Not later than July 16, 2012. Amount: 0.13 c.f.s., absolute. Use: Piscatorial and aesthetic. Description of place of use where
water is applied to beneficial use: The Taylor Creek Ranch consists of approximately 76.64 acres generally located in the SE1/4 of
Sec. 1 and the NE1/4 of Sec. 12, T8S, R86W, 6th
P.M. Freiler Spring Exchange: Date water applied to beneficial use: Not later than
July 16, 2012. Amount: 0.04 c.f.s., absolute. Use: Piscatorial and aesthetic. Description of place of use where water is applied to
beneficial use: The Taylor Creek Ranch consists of approximately 76.64 acres generally located in the SE1/4 of Sect 1 and the NE1/4
of Sec. 12, T8S, R86W, 6th
P.M. Alternative Claim for Reasonable Diligence. A detailed outline of what has been done during the
diligence period toward or for completion of the appropriation and application of water to beneficial use as conditionally decreed,
including expenditures. See Exhibit B. A water right location map is attached hereto as Exhibit A. Plan for Augmentation: The
Robinson Ditch Exchange, the Green Mountain Exchange, the Taylor Creek Pond Inlet Exchange and the Freiler Spring Exchange are
operated in accordance with the terms and conditions of the augmentation plan as decreed in Case No. 05CW141. Name and address
of owner of land on which structures are located: Taylor Creek Pond Inlet and Freiler Spring: Applicant. Robinson Ditch: Robinson
Ditch Company, P.O. Box 2899, Basalt, CO 81621. Green Mountain Reservoir: U.S. Bureau of Reclamation, Eastern Colorado Area
Office, 11056 West County Road 18E, Loveland, CO 80537. All Exhibits are on file with the Water Court. (20 pgs.)
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2015 to file with the Water Clerk a
verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be
granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the
applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5,
CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO
81601.
23. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES
COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER
CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2014. 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. 14CW3165 A&G PARTNERSHIP, LLP, A&G Partnership, LLP, 710 South 15th Street, Grand Junction, Colorado 81501, Attorney:
John P. Justus, Esq., HOSKIN FARINA & KAMPF, Professional Corporation, 200 Grand Avenue, Suite 400, Post Office Box 40,
Grand Junction, Colorado 81502-0040. APPLICATION FOR WATER RIGHTS (SURFACE) AND FOR CHANGE IN POINT OF
DIVERSION in MESA COUNTY. Application for Absolute and Conditional Water Right. 2. Name of structure: A&G
Wastewater Collection System. 3. General Description of System: The A&G Wastewater Collection System, by the use of A&G
Wastewater Diversion Nos. 1-5 described in paragraph 4 below, each consisting of 12” pipe opening covered by grating, with each
pipe then running ~ 120 feet in a South to North orientation and as illustrated in Figure 1, collects irrigation runoff and wastewater
from fields lying in the S1/2 of the SW1/4 of Section 22, and the SE1/4 of the SE1/4 of Section 21, all in Township 1 South, Range 1
East of the Ute Meridian, which would otherwise flow to Wanda’s Wash to the West, or the Colorado River directly to the North. The
A&G Wastewater Collection System serves the dual purpose of providing water for beneficial use, and preventing such irrigation
wastewater from interfering with applicant’s current gravel mining operations located in the N1/2 of the SW1/4, and the SW1/4 of the
NW1/4 of Section 22, and in the NE1/4 of the SE1/4 of Section 21, all in Township 1 South, Range 1 East of the Ute Meridian. Water
diverted at A&G Wastewater Diversion Nos. 1 -5 is delivered by gravity flow to the approximately 2,700 foot long 12” pipeline
installed in and East to West orientation as shown in Figure 1 to the Application, and either delivered for Applicant’s beneficial uses
described in paragraph 8 below, and if not required for beneficial use, to Wanda’s Wash at the location shown in Figure 1 to the
Application, whereby it can return to the Colorado River. 4. Legal description of each point of diversion: a. A&G Wastewater
Diversion No. 1: i. UTM format: Zone 13S, Northing 4328297, Easting 199621.25 ii. PLSS format: NE1/4 SW1/4 of Section 22,
Township 1 South, Range 1 East of the Ute Meridian, approximately 1341’ from the South Section line, and 2011’ from the West
Section line of said Section 22. b. A&G Wastewater Diversion No. 2: i. UTM format: Zone 13S, Northing 4328314, Easting 199504
ii. PLSS format: NE1/4 SW1/4 of Section 22, Township 1 South, Range 1 East of the Ute Meridian, approximately 1382’ from the
South Section line, and 1624’ from the West Section line of said Section 22. c. A&G Wastewater Diversion No. 3: i. UTM format:
Zone 13S, Northing 4328316, Easting 199413 ii. PLSS format: NE1/4 SW1/4 of Section 22, Township 1 South, Range 1 East of the
Ute Meridian, approximately 1378’ from the South Section line, and 1325’ from the West Section line of said Section 22. d. A&G
Wastewater Diversion No. 4: i. UTM format: Zone 13S, Northing 4328318, Easting 199321 ii. PLSS format: NW1/4 SW1/4 of
Section 22, Township 1 South, Range 1 East of the Ute Meridian, approximately 1374’ from the South Section line, and 1023’ from
the West Section line of said Section 22. e. A&G Wastewater Diversion No. 5: i. UTM format: Zone 13S, Northing 4328314, Easting
199229 ii. PLSS format: NW1/4 SW1/4 of Section 22, Township 1 South, Range 1 East of the Ute Meridian, approximately 1350’
from the South Section line, and 728’ from the West Section line of said Section 22. 5. Source: Irrigation wastewater tributary to the
DECEMBER 2014 RESUME
WATER DIVISION 5 PAGE 20
Colorado River. 6. Appropriation: a. Date of appropriation: January 15, 2011. b. How appropriation was initiated: By
commencement of construction of the A&G Wastewater Collection System. c. Date water applied to beneficial use: July 1, 2011. 7.
Amount claimed in cubic feet per second: Applicant claims 5 cfs, of which 0.65 cfs has been made absolute by beneficial use for
irrigation/reclamation purposes (based on a duty of water of 1cfs per 40 acres of irrigated land) with the remaining 4.35 cfs being
conditional. 8. Uses or proposed uses: Irrigation (including residential, lawn and garden, reclamation and re-vegetation purposes),
mining, and industrial uses. Water diverted by the A&G Wastewater Collection System has been used for reclamation and irrigation
of approximately 26 acres of land lying in the NE1/4 SW1/4 the NW1/4SW1/4 of Section 22 and the NE1/4 SE1/4 of Section 21,
Township 1 South, Range 1 East of the Ute Meridian, as illustrated in Figure 2. Applicant further plans and intends to use of water
pursuant to the claimed water rights on a total of 170 acres of land lying in the NE1/4 SW1/4, the NW1/4SW1/4, and the SW1/4
SW1/4 of Section 22, and the NE1/4 SE1/4, SE1/4 SE1/4, NW1/4 SE1/4 and the SW1/4 of the SE1/4 of Section 21, Township 1
South, Range 1 East of the Ute Meridian, the approximate location of which is illustrated in in Figure 3. Application for Change of
Point of Diversion 9. Decreed water right for which change is sought: Wanda’s Wash Pump and Wanda’s Wash Ditch. Wanda’s
Wash Ditch is an alternate point of diversion for Wanda’s Wash Pump. This application concerns only the undivided 75% interest of
the Applicant in those structures and the water rights decreed thereto. a. Name of structure: Wanda’s Wash Ditch (decreed as an
alternative point of diversion of Wanda’s Wash Pump). b. Date of original and all relevant subsequent decrees: Decree entered May
11, 1993 by the District Court in and for Water Division 5 in Case No. 92CW301 (“Original Decree”); Decrees awarding diligence
entered in Case Nos. 05CW261, 99CW95, and 99CW80 by the District Court in and for Water Division 5. c. Legal description of
structure as described in most recent decree that adjudicated the location: The decreed point of diversion of Wanda’s Wash D itch is
located in the NE1/4 of the SE1/4 of Section 21, Township 1 South, Range 1 East of the Ute P.M., at a point from which the SE corner
of said NE1/4 of the SE1/4 bears South 58º57’46” East 1,266.76 feet. d. Decreed source of water: Wanda’s Wash, tributary to the
Colorado River. e. Appropriation Date: March 15, 1992. f. Total amount decreed to structure(s): 6.0 cubic feet per second of
time (cfs). g. Decreed use or uses: Irrigation (including residential, lawn and garden, reclamation and re-vegetation purposes),
mining, industrial, recreation, piscatorial and stock watering. 1.0 cfs may be used for mining, industrial, recreation, and piscatorial
purposes and 0.033 cfs may be used for stock watering. h. Amount of water that applicant intends to change: Of the total of 6 cfs
decreed to Wanda’s Wash Pump and Wanda’s Wash Ditch, Applicant owns 4.5 cfs of the water right; of which 1.0 cfs has been made
absolute for mining and industrial purposes; and 0.4 cfs has been made absolute for irrigation purposes, leaving 4.1 cfs remaining
conditional with respect to irrigation uses. 10. Detailed description of proposed change in a surface point of diversion: a.Complete
statement of change: Applicant proposes to change the decreed point of diversion for the Wanda’s Wash Ditch, which serves as a
decreed alternate point of diversion for Wanda’s Wash Pump, to the location described in paragraph 10.b below and as illustrated in
Figure 1 of the Application. Water diverted from Wanda’s Wash at that the new surface point of diversion will be delivered into the
pipeline illustrated in Figure 1 of the Application and used at rates and for purposes consistent with the Original Decree. b. Location
of the new surface point of diversion: i.UTM format: Zone 13S, Northing 4328100, Easting 198852 ii. PLSS format: SE1/4, SE1/4
of Section 21, Township 1 South, Range 1 East of the Ute Meridian, approximately 608’ from the South Section line, and 481’ from
the East Section line of said Section 21. Application is 5 pages in length with three Figures attached as exhibits.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2015 to file with the Water Clerk a
verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be
granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the
applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5,
CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO
81601.
24. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES
COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER
CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2014. 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.
14CW3166 (99CW171/06CW194) The Torchbearers of the Capernwray Missionary Fellowship, a California Non-Profit Corporation,
PO Box 2620, Estes Park, CO 80517, c/o Matthew S. Poznanovic, Esq., Petrock & Fendel, P.C., 700 Seventeenth Street, Suite 1800,
Denver, CO 80202, Telephone: (303) 534-0702. FIRST AMENDED APPLICATION TO MAKE CONDITIONAL WATER
RIGHTS ABSOLUTE AND FOR FINDING OF REASONABLE DILIGENCE, IN GRAND COUNTY. Introduction. The original
application was filed on December 30, 2014. To support absolute claims included in the original application, Applicant stated in June
2013, 4.24 acre-feet was diverted in priority and stored in the Timberline Pond pursuant to the water rights for the pond. This First
Amendment seeks to amend the absolute claims for the Timberline Pond and Enlargement water rights to 3.0 acre-feet of the
Timberline Pond water right absolute for commercial, domestic and irrigation uses, with augmentation and storage as the manner of
use, and 1.24 acre-feet of the Timberline Pond Enlargement water right absolute for all decreed uses pursuant to CRS § 37-92-
301(4)(e). All other matters remain as presented in the original application. 2. Structures/Conditional Water Rights: 2.1 Timberline
Well No. 1; 2.2 Timberline Well No. 2; 2.3 Timberline Pond and Enlargement 3. Original Decree: Originally decreed in Case No.
99CW171 on August 28, 2000. This decree confirmed the conditional water rights for the Timberline Well Nos. 1 and 2 and the
DECEMBER 2014 RESUME
WATER DIVISION 5 PAGE 21
Timberline Pond and Enlargement and an augmentation plan for the wells and pond. In Case No. 06CW194, a finding of reasonable
diligence for the conditional water rights was decreed. The period of diligence which is the subject of this application is from the date
of decree in Case No. 06CW194 being December 3, 2008. 4. Description of conditional water rights: 4.1 Timberline Well No. 1
(formerly known as Tally Ho Ranch Well No. 1) 4.1.1 Location: SW¼NW¼, Section 23, T 1S, R76W, 6th
P.M. Grand County,
Colorado, approximately 2145’ from the north section line and 406’ from the west section line. 4.1.2 Source: Groundwater tributary
to Spring Branch Creek, a tributary of Crooked Creek and the Fraser River. 4.1.3 Use: Commercial, irrigation, in addition to domestic
and livestock uses decreed in W-2162. 4.1.4 Amount: 15 gpm, conditional for commercial and irrigation. Total diversions for all
uses, including these new uses and the previously decreed uses shall not exceed 15 gpm. 4.1.5 Priority date: August 30, 1999. 4.2
Timberline Well No. 2; 4.2.1 Location: SW¼NW¼, Section 23, T 1S, R76W, 6th
P.M. Grand County, Colorado, approximately 2940
feet from the south section line and 245 feet from the west section line. 4.2.2 Source: Groundwater tributary to Spring Branch Creek,
a tributary of Crooked Creek and the Fraser River. 4.2.3 Use: Commercial, domestic and irrigation. 4.2.4 Amount: 15 gpm,
conditional 4.2.5 Priority date: August 30, 1999. 4.3 Pursuant to the Case No. 06CW194 decree, diversions for irrigation use from
Timberline Well Nos. 1 and 2 is limited to 0.51 acres located on lands identified in Figure 1 attached to this application. 4.4
Timberline Pond and Enlargement 4.4.1 Location: Timberline Pond is an on-stream reservoir on Spring Branch Creek. The dam is
located in the SW¼SW¼NW¼, Section 23, T 1S, R76W, 6th
P.M. approximately 1816 feet from the north section line and 363 feet
from the west section line. 4.4.2 Source: Spring Branch Creek and its tributaries, tributary to Crooked Creek, tributary to the Fraser
River, tributary to the Colorado River. 4.4.3 Use: Commercial, domestic, irrigation, recreation, piscatorial. Manner of use: storage,
augmentation. 4.4.4 Amount: 4.4.4.1Timberline Pond: 3 acre-feet conditional for commercial, domestic and irrigation uses. In Case
No. 99CW171, 3 acre-feet was decreed absolute for recreation and piscatorial uses. 4.4.4.2 Enlargement: 3.5 acre-feet conditional,
with right to fill and refill when in priority. 4.4.5 Priority date: 4.4.5.1 Timberline Pond: January 21, 1972. 4.4.5.2 Enlargement:
August 30, 1999. APPLICATION TO MAKE ABSOLUTE 5. Absolute Claims. 5.1 The current storage capacity of the Timberline
Pond and Enlargement is 4.24 acre-feet. During this diligence period, in June 2013, 4.24 acre-feet was diverted in priority and stored
in the Timberline Pond pursuant to the water rights for the pond. Applicant requests 3.0 acre-feet of the conditional water right for the
Timberline Pond be made absolute for commercial, domestic and irrigation uses, with storage and augmentation as manner of use, and
1.24 acre-feet of the conditional water right for the Timberline Pond Enlargement be made absolute for all decreed uses. Additionally,
of the water diverted and stored in priority in the Timberline Pond, 0.21 acre-feet of the stored water was put to the beneficial use of
irrigation in June 2013, and 0.80 acre-feet of the stored water was subsequently released for augmentation of commercial, irrigation
and evaporation in July 2013. Water stored for irrigation use in the Timberline Pond is used to supply the sprinkler irrigation system,
which irrigates the lawn and landscape area at the Timberline Lodge property. Applicant claims the in-priority diversion, capture,
possession, control, and storage of the 4.24 acre-feet of water provides a basis to make the 3.0 acre-feet of the conditional water right
for the Timberline Pond and the 1.24 acre-feet of the conditional water right for the Timberline Pond Enlargement absolute for the
uses described in this paragraph pursuant to CRS § 37-92-301(4)(e). 5.2 For the Timberline Well No. 1 conditional water right, in
June 2013, 5 (five) gpm was diverted at Timberline Well No. 1 and put to beneficial use. The well diversions were used for
commercial and irrigation uses at the Timberline Lodge. Applicant requests 5 (five) gpm of the Timberline Well No. 1 conditional
water right be made absolute for commercial and irrigation uses. 5.3 In the alternative and if these amounts are not made absolute,
Applicant requests that a diligence finding also be made to continue these amounts pursuant to the activity described below.
APPLICATION FOR FINDING OF REASONABLE DILIGENCE 6. This Application to Make Absolute and for Finding of
Reasonable Diligence is filed in a timely manner pursuant to the Water Right Determination and Administration Act of 1969, Sec. 37-
92-302, C.R.S. 7. During this diligence period, in continuing the development of the conditional water rights, Applicant has been
diligent in the continued use and development of the water rights involved. These activities performed by Applicant and/or its lessee
Timberline Ministries, Inc. that operates the Timberline Lodge, including expenditures for consulting, engineering, design, repair and
maintenance work, include, but are not limited to, the following: 7.1A Survey and Stage Area Capacity Table was prepared for the
Timberline Pond as required pursuant to the terms of the Case No. 06CW194 decree at a cost of approximately $500.00. A staff gage
was installed on the Timberline Pond.7.2 In consultation with the Water Commissioner, boards were installed to repair the low level
outlet for the Timberline Pond to allow for incremental releases from the pond to be made as required pursuant to the terms of the
Case No. 06CW194 decree. 7.3 The Timberline Pond overflow drainage pipe was repaired, including excavation and realignment of
the overflow pipe and periodic pond maintenance including removal of vegetation from the pond. 7.4 A replacement meter was
purchased and installed to measure deliveries of irrigation water pumped from Timberline Pond at a cost of approximately $217.95.
7.5 Consultant AAA Water Company performs water quality monitoring for the drinking water supply for the Timberline Lodge and
measures and prepares records of water use for the Timberline Lodge potable water system for commercial, irrigation, and domestic
uses. The cost of AAA’s service during the diligence period was approximately $20,860.00. 7.6 Water use records are maintained
and provided to the water commissioner, including pond storage, Timberline Lodge water use, pond irrigation use, and pond releases
for augmentation and replacement. 7.7 Consultant AAA Water Company, performed repair work on the storage tank for the drinking
water supply for the Timberline Lodge. 7.8 Consultant JVA completed a preliminary wastewater treatment engineering study for the
wastewater system used by Timberline Lodge and the County Road 50 Owner’s Association at a cost of approximately $12,273.50.
7.9 Expenditures for water resource and water rights engineering for water supply planning and water rights operations were
approximately $836.25. 7.10 High Country Soil Testing and Grand Environmental Services performed studies to evaluate potential
improvements to the wastewater system for the Timberline Lodge and discussed options to improve the efficient use of the pond. 7.11
DECEMBER 2014 RESUME
WATER DIVISION 5 PAGE 22
The Water Commissioner has been consulted in the operation of the Timberline Well No. 1 and Timberline Pond pursuant to the Case
No. 99CW171 decree. 7.12 Water was diverted in priority and beneficially used under the conditional water rights described above.
7.13 The work and expenditures listed above are illustrative and not exhaustive. Additional work and additional or revised
expenditures may be claimed in support of this application. 8. Applicant is the owner of land upon which structures for the water
rights are located. WHEREFORE, Applicant prays that this Court enter a decree finding that Applicant has made 3.0 acre-feet of the
Timberline Pond conditional water right absolute for commercial, domestic and irrigation uses, with storage and augmentation as
manner of use, 1.24 acre-feet of the Timberline Pond Enlargement conditional water right absolute for all decreed uses, and 5.0 gpm
of the Timberline Well No. 1 conditional water right absolute for commercial and irrigation use, has exercised reasonable diligence in
the development of the remaining conditional water rights, continuing the remaining conditional water rights, and for such other and
further relief as this Court deems just and proper in the premises.
(9 pages)
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2015 to file with the Water Clerk a
verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be
granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the
applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5,
CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO
81601.
25. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES
COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER
CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2014. 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.
14CW3167 EAGLE COUNTY. EAGLE RIVER. The Town of Gypsum, c/o Patrick, Miller, Kropf & Noto, P.C., Ramsey L. Kropf,
Esq. and Jason M. Grove, Esq., 197 Prospector Road, Suite 2104A, Aspen, CO 81611, (970) 920-1028. APPLICATION FOR
SURFACE WATER RIGHT, CHANGES OF WATER RIGHTS, APPROPRIATIVE RIGHTS OF EXCHANGE, AND
AUGMENTATION PLAN. First Claim. Application for Surface Water Right (Gypsum Municipal Transfer Ditch). Name of
structure: Gypsum Municipal Transfer Ditch. Type: Ditch. Legal description: SW ¼, NW ¼ of Section 8, Township 5 South, Range
85 West of the 6th
P.M., at a point approximately 720 feet from the west section line and 2,050 feet from the north section line. Source:
Gypsum Creek, tributary to the Eagle River, tributary to the Colorado River. Appropriation date: December 30, 2014. How
appropriation was initiated: By forming intent to appropriate and by filing this application. Date water applied to beneficial use: N/A.
Amount: 1.5 cfs, conditional. Uses: Municipal use, including domestic, irrigation, commercial, industrial, fire protection,
augmentation, and exchange. Acreage to be irrigated: Irrigation uses will occur on land within the Town of Gypsum’s water service
area, as it may be amended from time to time. If non-irrigation, describe purpose fully: Applicant seeks to use the water for all
municipal uses described above. Applicant owns the land upon which the structure will be located. The water will be beneficially used
within the Town of Gypsum’s water service area, and as amended from time to time. Second Claim: Change of Water Right (C.M.
Stremme Gates Ditch). Decreed water right for which change is sought: Name of structure: C.M. Stremme Gates Ditch. Original and
subsequent decrees: Original Adjudication and First Enlargement. In Case No. CA 385, the Eagle County District Court decreed
Priority 142 for 0.8 cfs and Priority 160 for 0.17 cfs on March 5, 1901. Applicant owns .272 cfs of the total amount decreed for
Priority 142 and 0.0578 cfs of the total amount decreed for Priority 160. Second Enlargement. In Case No. CA 446, the Eagle County
District Court decreed Priority 206 for 8.0 cfs on June 4, 1907. Applicant owns 2.72 cfs of the total amount decreed for Priority 206.
Third and Fourth Enlargements. In Case No. CA 963, the Garfield County District Court decreed Priority 381 for 0.6 cfs and Priority
407 for 5.25 cfs on November 10, 1902. Applicant owns 0.204 cfs of the total amount decreed for Priority 381 and 1.785 cfs of the
total decreed for Priority 407. Only the portions of the above water rights owned by the Town are involved in this claim. Legal
description: On the south bank of the Eagle River at a point whence the East Quarter Corner of Section 2, Township 5 South, Range
85 West of the 6th
P.M., bears South 7°30’ West 576 feet. Source: Eagle River, tributary to the Colorado River. Appropriation dates:
Priority 142: June 2, 1886, Priority 160: May 20, 1891, Priority 206: November 1, 1888, Priority 381: May 20, 1891, Priority 407,
May 20, 1909. Decreed amounts and Amount of water to be changed: Applicant’s C.M. Stremme Gates Ditch water rights have been
used historically to irrigate 70.1 acres. Applicant leases 35.09% of its C.M. Stremme Gates Ditch water rights to a third party for the
continued irrigation of 24.6 acres and will continue to do so. Applicant intends to change 64.91% of its portion of the water right that
has historically irrigated 45.5 acres. The corresponding diversion rates are as follows:
Priority: Decreed
Amount:
Amount Owned by Town
of Gypsum:
Amount to be Changed:
Priority 142
0.8 cfs
0.272 cfs
0.177 cfs
Priority 160 0.17 cfs 0.0578 cfs 0.038 cfs
Priority 206 8.0 cfs 2.72 cfs 1.770 cfs
DECEMBER 2014 RESUME
WATER DIVISION 5 PAGE 23
Priority 381 0.6 cfs 0.204 cfs 0.132 cfs
Priority 407 5.25 cfs cfs s
Use: Irrigation. These above-listed amounts to be changed are referred to collectively as the “C.M. Stremme Change Rights.”
Detailed description of proposed change. Statement of change: Applicant intends to change the C.M. Stremme Change Rights for use
in its municipal water supply system. To do so, Applicant requests to add alternate points of diversion and to change the use and place
of use of the C.M. Stremme Change Rights. Applicant intends to continue irrigating the areas historically irrigated by the C.M.
Stremme Change Rights (45.5 acres) annually, until such time during each season that a senior call is placed, and Applicant elects to
use the C.M. Stremme Change Rights within its system directly or for augmentation as described in the plan for augmentation below.
Alternate points of diversion: Applicant requests the following alternate points of diversion for the C.M. Stremme Change Rights: Red
Table Acres Spring Collection System located at a point whence the northwest corner of Section 5, Township 5 South, Range 85 West
of the 6th
P.M. bears north 59°10’02” west a distance of 5,076.43 feet, in the SE ¼ NE ¼ of said Section 5 (Eagle County), as decreed
in Case No. 96CW366, Water Division 5. EVCE Pump and Pipeline located in the diversion reach along the southerly bank of the
Eagle River from a point located in the NW ¼ of the NE ¼ of Section 5, Township 5 South, Range 85 East of the 6th
P.M.,
approximately 905 feet from the north section line and 1,720 feet from the east section line, upstream to a point in the NE ¼ of the NE
¼ of said Section 5, approximately 430 feet from the north section line and 950 feet from the east section line (Eagle County), as
described in the pending Case No. 2011CW201, Water Division 5. EVCE East Ditch located in the SE ¼ of the NE ¼ of Section 5,
Township 5 South, Range 85 West of the 6th
P.M., 2,040 feet from the north section line and 610 feet from the east section line (Eagle
County), as described in the pending Case No. 2011CW201, Water Division 5. EVCE West Ditch located in the SW ¼ of the NE ¼ of
Section 5, Township 5 South, Range 85 West of the 6th
P.M., 1,750 feet from the north section line and 1,350 feet from the east
section line (Eagle County), as described in the pending Case No. 2011CW201, Water Division 5. Norgaard Ditch, Town Enlargement
located in the NW ¼ of the NW ¼ of Section 8, Township 5 South, Range 85 West of the 6th
P.M. on the east bank of Gypsum Creek
at a point whence the northwest corner of said Section 8 bears north 79°30’ west a distance of 1,510 feet, which point is 1,550 feet
from the west section line and 250 feet from the north section line of said Section 8 (Eagle County), as decreed in Case No. 91CW255,
Water Division 5. Gypsum Eagle River Pumping Pipeline located on the south bank of the Eagle River in the NW ¼ of the NW ¼ of
Section 5, Township 5 South, Range 85 West of the 6th
P.M. at a point whence the northwest corner of said Section 5 bears north
37°30’ west a distance of 1,730 feet (Eagle County), as decreed in Case No. 91CW256, Water Division 5. Gypsum Municipal
Transfer Ditch located SW ¼, NW ¼ of Section 8, Township 5 South, Range 85 West of the 6th
P.M., at a point approximately 720
feet from the west section line and 2,050 feet from the north section line. The alternate points listed in paragraphs 12(B)(ii – iv) will
only be used for EVCE operations. Change in place of use: The C.M. Stremme Change Rights have been used to irrigate
approximately 45.5 acres of land in Sections 3 and 4, of Township 5 South, Range 85 West of the 6th
P.M. Applicant requests to
change the place of use of the rights to within the Town of Gypsum water service area, as the same may be modified from time to
time, and to any property served extraterritorially by contract with the Town. Change in use: Applicant requests to change the use of
the water right to add the following uses: augmentation and municipal use including domestic, commercial, industrial, manufacturing,
recreation, fire protection, street washing, dust suppression, irrigation and the right to reuse the C.M. Stremme Change Rights to
extinction. Applicant acknowledges that the right to use the C.M. Stremme Change Rights to extinction will be limited to the historic
consumptive use amounts established in this case. Summaries of the diversion records for the C.M. Stremme Change Rights are on file
with the Court. Names and addresses of landowners: Gypsum Capital Partners LLC – Red Table Acres LLC, whose address is 1305
Wiley Road Suite 104, Schaumburg, IL 60173, owns the land on which the Red Table Acres Spring Collection System is located.
Clearwater Ventures, LLC, whose address is P.O. Box 425, Edwards, CO 81632, owns the land on which the EVCE Pump and
Pipeline, the EVCE East Ditch and EVCE West Ditch diversion structures will be constructed. Lisa & Peter Johnson, whose address is
P.O. Box 5200, Gypsum, CO 81637, own the land on which the Norgaard Ditch headgate is located. Bermani Properties Ltd., whose
address is 6005 Pompton Ct, Dallas, TX 75248, owns the land on which the C.M. Stremme Gates headgate is located. Survive!, whose
address is P.O. Box 1421, Eagle, CO 81631, owns the land on which the Gypsum Eagle River Pumping Pipeline intake is located.
Applicant owns the land on which the Gypsum Municipal Transfer Ditch headgate is located. The water rights will be used within the
Town’s service area, as amended from time to time. Third Claim: Change of Water Right (Schliff Ditch). Decreed water right for
which change is sought: Name of structure: Schliff Ditch. Original and subsequent decrees: Original Adjudication and First
Enlargement. In Case No. CA 446, the Eagle County District Court decreed Priority 205 for 1.2 cfs and Priority 225 for 2.4 cfs for
irrigation purposes on June 4, 1907. First Change Case. In Case No. 85CW600, the Garfield County District Court, Water Division 5
decreed a change in use on June 23, 1987. Second Change Case. In Case No. 96CW377, the Garfield County District Court, Water
Division 5, decreed a change to augment an additional structure on October 27, 1998. Legal description: Located on the north bank of
the Eagle River at a point 600 feet southeast from the northwest corner of Section 4, Township 5 South, Range 85 West of the 6th
P.M.
Source: Eagle River, tributary to the Colorado River. Appropriation dates: Priority 205, August 15, 1887. Priority 225, August 22,
1900. Decreed amounts: Priority 205, 1.2 cfs. Priority 225, 2.4 cfs. Uses: Irrigation (original decree, CA 446); Augmentation,
replacement, and exchange (Case Nos. 85CW600 and 96CW377). Amount of water to be changed: N/A. The Court previously
changed and quantified the consumptive use credits for 159.7 AF in Case No. 85CW600. Of this amount, the Court decreed 105.4
acre-feet of credit to the Schliff Ditch rights. In Case No. 96CW377, Applicant transferred 5.24 acre-feet of credit to its Holy Cross
Well. Here, Applicant simply requests additional diversion points for the remaining 100.2 acre-feet of previously quantified
consumptive use credit in the Schliff Ditch. Detailed description of proposed change. Statement of change: Structures previously
DECEMBER 2014 RESUME
WATER DIVISION 5 PAGE 24
augmented by Schliff Ditch credits pursuant to the decree in Case No. 85CW600: Gypsum Well No. 1 located at a point in the SE ¼,
SW ¼ of Section 31, Township 4 South, Range 85 West of the 6th
P.M., at a location 123 feet from the south section line and 1,600
feet from the west section line (Eagle County), as described in the pending Case No. 14CW3094. Gypsum Well No. 2 located in the
SE ¼, NW ¼ of Section 5, Township 5 South, Range 85 West of the 6th
P.M., 1,640 feet from the west section line and 2,350 feet
from the north section line (Eagle County), as described in the pending Case No. 14CW3094. Skiff and Schliff Ditch, Priority No. 29
decreed in CA 294 and changed in Case CA 922 for diversion at the Town of Gypsum Gravity System Water Works located (per CA
1143) on Mosher Creek whence the section corner common to Sections 9, 10, 15, and 16 in Township 6 South, Range 85 West of the
6th
P.M. bears north 11°18’ west 3778.3 feet (Eagle County). Lupton Ditch, Priority No. 263 decreed in CA 446 and changed in Case
CA 1143 for diversion at the Town of Gypsum Gravity System Water Works located on Mosher Creek whence the section corner
common to Sections 9, 10, 15, and 16 in Township 6 South, Range 85 West of the 6th
P.M. bears north 11°18’ west 3778.3 feet (Eagle
County). Town of Gypsum Gravity System Water Works, Priority 517 decreed in CA 1128 for diversion at a point on Mosher Creek
whence the section corner common to Sections 9, 10, 15, and 16 in Township 6 South, Range 85 West of the 6th
P.M. bears north
11°18’ west 3778.3 feet (Eagle County). Structure previously augmented by Schliff Ditch credits pursuant to the decree in Case No.
96CW377: Holy Cross Well No. 1 decreed in Case No. 96CW366 to be located in the NE ¼ of the SE ¼ of Section 5, Township 5
South, Range 85 West of the 6th
P.M., at a point 2,738.5 feet from the north section line and 1,176.0 feet from the east section line
(Eagle County). In addition to the previously decreed structures, Applicant requests to change the available Schliff Ditch consumptive
use credits to be diverted at the following additional structures and, alternatively, to augment the additional structures, which are
legally described in the Second Claim: Red Table Acres Spring Collection System. EVCE Pump and Pipeline. EVCE East Ditch.
EVCE West Ditch. Norgaard Ditch, Town Enlargement. Gypsum Eagle River Pumping Pipeline. Gypsum Municipal Transfer Ditch.
Landowner information: Landowners for the affected structures are listed above in the Second Claim. Fourth Claim: Change of
Water Right (Stratton and Company Return Flow Exchange). Decreed water right for which change is sought: Name of structure:
Stratton and Company Return Flow Exchange. Original decree: Case No. 03CW325, Water Division 5 entered on February 20, 2009.
Legal description: The exchange is made up of four reaches. Downstream terminus: For all four reaches, the downstream terminus is
the outfall of Applicant’s wastewater treatment plant which is located 1,370 feet south of the north section line and 2,443 feet west of
the east section line in Section 6 of Township 5 South, Range 85 West of the 6th
P.M. (Eagle County). Upstream termini: The
upstream termini for the four reaches are: The Little G Intake located at a point in the NE ¼, SE ¼ of Section 5, Township 6 South,
Range 85 West of the 6th P.M., whence the East ¼ Corner of said Section 5 bears north 09°34’37” east a distance of 974 feet (Eagle
County). The Norgaard Ditch, Town Enlargement structure described in the Second Claim. The Town of Gypsum Gravity System
Water Works described in the Third Claim. LEDE Reservoir, located 860 feet west and 125 feet south of the Southwest Corner of
Section 1, Range 84 West, Township 7 South of the 6th
P.M. Source: Unconsumed consumptive use credits associated with water
diverted to Applicant’s municipal supply system from Gypsum Creek under Applicant’s Stratton and Company Ditch Priority 1 water
right. Appropriation date: June 30, 2005. Amount: 1.5 cfs up to 126.0 acre-feet, conditional. Use: Storage, augmentation and
municipal use including domestic, commercial, industrial, manufacturing, recreation, fire protection, street washing, dust suppression,
irrigation and the right to use, reuse and successively use to extinction by direct use or storage for later use. Amount to be changed:
1.5 cfs up to 126.0 acre-feet, conditional. Detailed description of proposed change: Applicant proposes to add the following termini as
alternate diversion points for, and structures to be augmented by, the unconsumed Stratton and Company Ditch, Priority 1
consumptive use credits, which are legally described in the Second Claim. Red Table Acres Spring Collection System. EVCE Pump
and Pipeline. EVCE East Ditch. EVCE West Ditch. Norgaard Ditch, Town Enlargement. Gypsum Eagle River Pumping Pipeline.
Gypsum Municipal Transfer Ditch. Landowner information: Landowners for the affected structures are listed above in the Second
Claim. Fifth Claim: Plan for Augmentation. Structures to be augmented: Red Table Acres Spring Collection System: Original
decree: Case No. 96CW366, Water Division 5 entered on February 22, 1999. Legal description: Described in the Second Claim.
Appropriation date: June 21, 1995. Amount: 2 cfs, conditional. Source: Unnamed tributary of the Eagle River, tributary to the
Colorado River. Decreed uses: All municipal uses including, but not limited to, domestic, commercial, industrial, irrigation, fire
protection and street washing. No other water rights are diverted from this structure. EVCE East Ditch: Remark: This water right is
the subject of the application pending in Division 5 Water Court Case No. 11CW201. The information provided below is based on the
claims in that application. Original decree: Pending adjudication in Case No. 11CW201, Water Division 5. Legal Description:
Described in the Second Claim. Appropriation date: December 21, 2011. Amount: 1 cfs, conditional. Source: Seepage/spring/tail
water flowing in an unnamed ditch tributary to the Eagle River, tributary to the Colorado River. Uses: Industrial, domestic, and
irrigation. No other water rights are diverted from this structure. EVCE West Ditch: Original decree: Pending adjudication in Case No.
11CW201, Water Division 5. Legal description: Described in the Second Claim. Appropriation date: December 21, 2011. Amount: 2
cfs, conditional. Source: Seepage/spring/tail water flowing in an unnamed ditch tributary to the Eagle River, tributary to the Colorado
River. Uses: Industrial, domestic, and irrigation. No other water rights are diverted from this structure. EVCE Pump and Pipeline:
Original decree: Pending adjudication in Case No. 11CW201, Water Division 5. Legal description: Described in the Second Claim.
Appropriation date: November 6, 2013. Amount: 1 cfs, conditional. Source: Eagle River, tributary to the Colorado River. Uses:
Industrial, domestic, and irrigation. No other water rights are diverted from this structure. Gypsum Eagle River Pumping Pipeline:
Original decree: Case No. 91CW256, Water Division 5 entered on April 13, 1993. Legal description: Described in the Second Claim.
Appropriation date: August 23, 1991. Amount: 5.0 cfs, conditional. Source: Eagle River, tributary to the Colorado River. Uses:
Municipal, domestic, irrigation, commercial, industrial, fire protection, augmentation and exchange. Court case information for other
DECEMBER 2014 RESUME
WATER DIVISION 5 PAGE 25
water rights diverted at this structure: Wolcott Pumping Pipeline originally decreed on July 9, 1979 in Eagle County District Court
Case No. CA 1529. The Town obtained a decree changing the point of diversion for 6.5 cfs from the Wolcott Pumping Pipeline water
right to the Gypsum Eagle River Pumping Pipeline in Case No. 93CW326, Water Division 5. Norgaard Ditch, Town Enlargement:
Original decree: Case No. 91CW255, Water Division 5 entered on April 13, 1993. Legal description: Described in the Second Claim.
Appropriation date: August 23, 1991. Amount: 5.0 cfs, of which 2.0 cfs was decreed absolute for all uses in Case No. 99CW69, Water
Division 5. Of the total amount decreed, 3.0 cfs remains conditional for all uses. Source: Gypsum Creek tributary to the Eagle River,
tributary to the Colorado River. Uses: Municipal, domestic, irrigation, commercial, industrial, and fire protection. Court case
information for other water rights diverted at this structure: Chatfield & Bartholomew Ditch, Priority 48A originally decreed in Eagle
County District Court Case No. CA 294 and subsequently changed for diversion at the Norgaard Ditch, Town Enlargement in Case
No. 93CW326, Water Division 5. Wolcott Pumping Pipeline originally decreed on July 9, 1979 in Eagle County District Court Case
No. CA 1529. The Town obtained a decree changing the point of diversion for 6.5 cfs of the Wolcott Pumping Pipeline water right at
the Gypsum Eagle River Pumping Pipeline in Case No. 93CW326, Water Division 5. Grundell Brothers Ditch originally decreed in
Eagle County District Court Cases CA 294 and CA 374. The Town subsequently obtained a decree changing the point of diversion
for the Grundell Brothers Ditch water right at the Norgaard Ditch, Town Enlargement structure in Case No. 96CW377, Water
Division 5. Stratton & Company Ditch, Priority 1 originally decreed in Eagle County District Court Cases CA 294 and 374. The
Town subsequently obtained a decree making the Norgaard Ditch an alternate point of diversion for this right in Case No. 03CW325,
Water Division 5. Gypsum Municipal Transfer Ditch: Original decree: Pending in this case, Water Division 5. Legal description:
Described in the Second Claim. Appropriation date: December 30, 2014. Amount: 1.5 cfs, conditional. Source: Gypsum Creek,
tributary to the Eagle River, tributary to the Colorado River. Use: Municipal use, including domestic, irrigation, commercial,
industrial, fire protection, augmentation, and exchange. Court case information for other water rights diverted at this structure: Ulin
and Company Ditch originally decreed in Eagle County District Court C.A. No. 294. Cotton Ranch Diversion decreed in Case No.
95CW347, Water Division 5. Water rights to be used for augmentation: C.M. Stremme Gates Ditch as described in the Second Claim.
Applicant seeks to quantify the historic consumptive use credits associated with the C.M. Stremme Change Rights and to apply the
credits to augment out-of-priority depletions associated with diversions at the structures to be augmented above. Applicant’s engineer
determined that at least 83.6 acre feet of consumptive use credits are available from the C.M. Stremme Change Rights. Schliff Ditch
as described in the Third Claim above. Applicant seeks to apply the available consumptive use credits for the Schliff Ditch quantified
in Case No. 85CW600, less those credits dedicated in Case No. 96CW377, to augment out-of-priority depletions associated with
diversions at the structures to be augmented above. Applicant has available at least 100.3 acre feet of consumptive use credit
associated with the Schliff Ditch water right. Water Supply Contracts. Colorado River Water Conservation District Supply. Applicant
seeks to use contract water obtained from the Colorado River Water Conservation District (CRWCD) to augment out-of-priority
depletions. Following is a summary of the water supply contracts Applicant owns:
CRWCD Contract # Eagle River Supply
(in acre-feet)
Colorado River Supply
(in acre-feet)
CW02039 (assigned) 20.0 0.0
CW02003 (assigned) 2.8 0.0
CW99-10 20.0 0.0
CW02001A&B
(assigned) 4.0 6.0
CW03026 0.0 200.0
Total 46.8 AF AF
U.S. Bureau of Reclamation (USBR), Green Mountain Reservoir Supply. Applicant is entitled to 25 acre feet of water to be released
from Green Mountain Reservoir for municipal/domestic use pursuant to its Contract No. 2-07-060-W0883 with the USBR. The
details of the Green Mountain Reservoir water rights are as follows. Green Mountain Reservoir. Originally decreed in United States
District Court for the Colorado District on January 12, 1962 in consolidated cases CA 2782, 5016, and 5017. Legal Description:
Sixteen miles southeast of the Town of Kremmling generally located in parts of sections 11, 12, 13, 14, 15, and 24 of Township 2
South, Range 80 West of the 6th
P.M. and sections 17, 18, 19, 20, 21, 28, 29, 33, and 34 of Township 2 South, Range 79 west of the 6th
P.M. Source: Blue River, tributary to the Colorado River. Appropriation Date: August 1, 1935. Uses: replacement for water diverted
to the Front Range via the Colorado-Big Thompson Project, power generation, domestic, and irrigation. Amounts Decreed: 154,645
acre feet with the right to refill to the extent of an additional 6,316 acre feet. Amount to be included in this plan for augmentation: 25
acre feet. LEDE Reservoir, Town Enlargement. Original decree: Case No. 05CW292, Water Division 5, entered on October 1, 2007.
Legal description of reservoir dam: An existing valve operator situated on the crest of the existing dam of L.E.D.E. Reservoir also
being situate in the NE ¼ of the NW ¼ of Section 9, Township 7 South, Range 84 West of the 6th
P.M., Eagle County Colorado, being
more particularly described as follows: Beginning at the said existing valve operator whence the Southeast Corner of Section 2, in said
Township 7 South, Range 84 West of the 6th
P.M., a stone found in place, bears N84°04’45”E a distance of 931.74 feet, more or less.
All bearings being relative to the bearing between said Southeast Corner of Section 2 and the Northwest Corner of Section 25,
DECEMBER 2014 RESUME
WATER DIVISION 5 PAGE 26
Township 6 South, Range 85 West of the 6th
P.M. an aluminum cap found in place using a bearing of N64°50’35”W, more or less,
between said monuments. Source: Deliveries from the LEDE Ditch, Town Enlargement water right, which diverts from Antones
Cabin Creek, a tributary of the Eagle River, tributary to the Colorado River. Appropriation date: October 7, 1998. Uses: Storage for
recreational, aesthetic, piscatorial purposes, domestic, commercial, industrial, street cleaning/washing, fire protection, all other
municipal uses, augmentation and exchange. Amount: 400 acre-feet, conditional. Amount to be included in this augmentation plan:
214.4 acre-feet. Stratton and Company Return Flow Exchange As described in the Fourth Claim above, Applicant’s exchange utilizes
unconsumed Stratton and Company Ditch, Priority 1 consumptive use credits as decreed in Case No. 03CW325. Applicant will either
divert these unconsumed credits directly to use by exchange or use the unconsumed credits to augment diversions at the structures to
be augmented above. Original decree: Case No. 03CW325, Water Division 5 entered on February 20, 2009. Legal description:
Described in the Fourth Claim. Source: Unconsumed consumptive use credits associated with water diverted to Applicant’s municipal
supply system from Gypsum Creek under Applicant’s Stratton and Company Ditch Priority 1 water right. Appropriation date: June 30,
2005. Amount: 1.5 cfs up to 126.0 acre-feet, conditional. Use: Storage, augmentation and municipal use including domestic,
commercial, industrial, manufacturing, recreation, fire protection, street washing, dust suppression, irrigation and the right to use,
reuse and successively use to extinction by direct use or storage for later use. Complete Statement of Plan for Augmentation:
Applicant seeks to utilize the water rights described above to augment depletions caused by diversions through its municipal supply
system, which include depletions caused by raw water diverted for use at the EVCE biomass fueled power plant within the Town of
Gypsum. Municipal/Biomass Facility Raw Water Demands. Demands for Plant Operations. Water will be diverted by the Applicant to
supply the EVCE power plant with water to be used primarily for evaporative cooling and processing biomass for thermoelectric
power generation. In addition, a minimal amount of water will be used for steam production, and a negligible amount will be used to
irrigate landscaped areas around the facility. Demands for Agreement with American Gypsum. In consultation with Applicant and
American Gypsum, EVCE has agreed as a condition for approval of and for operating this augmentation plan, that EVCE will
maintain flows in the West Ditch on its property, below the EVCE point of diversion for plant operations, at not less than 1.0 cfs at all
times when the Biomass Facility is in operation and EVCE is diverting water from the West Ditch. Provided however, that if
American Gypsum and EVCE reach an alternative written agreement to address American Gypsum’s concerns with the flows in the
West Ditch, neither Water Court approval nor amendment to the plan for augmentation sought in this case shall be required. Applicant
will rely upon the sources as described above and as applied in Table 4 to do so. EVCE installed and agreed to maintain, at its cost, an
appropriate measuring device, parshall or other flume reasonably acceptable to Applicant’s water engineer, on the West Ditch below
EVCE's point of diversion on the West Ditch and the point on the West Ditch that EVCE provides supplement flows. When the
Biomass Facility is in operation and EVCE is diverting water from the West Ditch, EVCE shall either (a) set up and maintain an
appropriate automated recording device at the flume, which information will be reported to the Town, American Gypsum and EVCE
electronically and automatically, or (b) have a qualified and trained person take manual readings at least daily and provide the
Applicant and American Gypsum monthly reports of such readings, with the right of American Gypsum to independently inspect daily
reading reports and make reasonable onsite inspections of the measured flows upon reasonable notice to EVCE. If the measured flow
drops below 1.25 cfs at any time that EVCE is operating, EVCE shall immediately notify the Town of Gypsum and American
Gypsum, and continue to notify both parties not less than twice per day until the measured flow exceeds 1.25 cfs, and to ensure that
the flows do not drop below 1 cfs. Applicant has agreed, and requests, that EVCE’s maintenance of such 1 cfs in the West Ditch be
included as an express condition for the approval and operation of this augmentation plan. The water diverted from the Eagle River to
maintain flow in the EVCE West Ditch will not be used for operations at the EVCE power plant or for any diversions under this plan,
and as a result, will not be consumptively used by the Applicant. There may be times when diversions from the Eagle River for this
flow will be less than 1.0 cfs, or not necessary at all. Despite the above, EVCE will not be required to maintain flows in the West
Ditch as described above if EVCE and American Gypsum enter into an alternative written agreement that addresses American
Gypsum’s concerns with flows in the West Ditch. No amendment to this plan for augmentation or other Water Court approval will be
required in the event EVCE and American Gypsum enter into such an alternative agreement. Municipal/Biomass Facility Depletions.
Biomass Facility depletions are estimated to be 40% consumptive. Irrigation depletions were assumed to be 100% consumptive. Total
plant demands are estimated to be 535.0 acre-feet and total depletions are estimated to be 214.4 acre-feet annually. Assuming a call
scenario similar to the extreme dry year of 2002, total out-of-priority depletions are estimated at 214.4 acre feet annually. Applicant
will augment out-of-priority depletions in time, place, and amount with the sources described above using releases from storage or
bypassing consumptive use credits. Out of Priority Depletions. There may be times when Applicant’s depletions from its rights at the
augmented structures described above are subject to curtailment for a call that is recognized and administered by the Division 5
Engineer. Applicant will augment any out-of-priority municipal depletions at these structures in time, place, and amount by the
release of stored water and/or the bypass of consumptive use credits using the rights identified above. The following dry year call
scenarios were assumed under this plan for augmentation: Colorado River Mainstem Call: Shoshone and/or Cameo water rights from
mid-June through April. Eagle River replacement sources may be credited towards Colorado River out-of-priority depletions. As a
result, net depletions to the Colorado River occur between the months of October and April. This net depletion requirement includes
the replacement obligation for historic lagged irrigation return flows associated with the C.M. Stremme Gates consumptive use credits.
To satisfy the net depletion requirement, Applicant will release water from its Colorado River replacement sources (Green Mountain
Reservoir and Wolford Mountain Reservoir) or LEDE Reservoir. Eagle River Mainstem Call: CWCB instream flow right for an
estimated 21 days in July, 31 days in August, and 30 days in September. To the extent needed, Applicant will apply its available Eagle
DECEMBER 2014 RESUME
WATER DIVISION 5 PAGE 27
River historic consumptive use credits to replace out-of-priority depletions. Any remaining depletions to the Eagle River will be
replaced by releases from Eagle Park Reservoir or releases from LEDE reservoir. Releases from LEDE reservoir during times of an
Eagle River Mainstem Call would be subsequently collected and carried through the Ulin Ditch, Norgaard Ditch, or Gypsum Eagle
River Pumping Pipeline in order to augment the affected reach of the Eagle River above its confluence with Gypsum Creek via
releases to the Red Table Acres Spring Collection System, EVCE East Ditch, or EVCE West Ditch. In addition to the typical regime
of replacement outlined above, the Applicant seeks to augment by exchange utilizing a variety of existing exchanges and those
requested by this Application. C.M. Stremme Change Rights. Applicant intends to continue to use the C.M. Stremme Change Rights
for irrigation of 45.5 acres until such time as development creates complete dry-up of those credits, and they are required for
augmentation. At times, during each year, when Applicant elects to use the C.M. Stremme Change Rights to augment out-of-priority
depletions, Applicant will curtail diversion of the C.M. Stremme Change Rights at the headgate and bypass the water rights for
augmentation use. Upon final dry up of the C.M. Stremme Gates Rights, Applicant shall provide the dry up map to the Division
Engineer. Return Flows from the EVCE Pump and Pipeline. Eagle River diversions at the EVCE Pump and Pipeline will be taken
within the decreed reach described in the Second Claim. Return flows resulting from diversions through the EVCE Pump and Pipeline
will be returned to the Eagle River via the EVCE West Ditch. Landowner Information: The following individuals own the land upon
which the structures subject to this augmentation plan are located: L.E.D.E. Reservoir, Town Enlargement: United States Forest
Service, Mr. Scott Fitzwilliams, Forest Supervisor, 802 Grand Ave. Glenwood Springs, CO 81601. Ownership of all other structures is
shown in Second Claim. Sixth Claim: Appropriative Rights of Exchange (Schliff Ditch and C.M. Stremme Gates Ditch).
Description of Exchange Rights: Name of Exchanges: Schliff Ditch 2014 Exchange. C.M. Stremme Gates Ditch 2014 Exchange.
Location: The exchange reach for both exchanges is the same. Upper terminus: Norgaard Ditch, Town Enlargement point of diversion
located in the NW ¼, NW ¼, Section 8, Township 5 South, Range 85 West of the 6th
P.M. on the east bank of Gypsum Creek at a
point whence the northwest corner of Section 8, Township 5 South, Range 85 West of the 6th
P.M. bears north 79°30’ west, a distance
of 1,510 feet, 1,550 feet from the west section line and 250 feet from the north section line of said Section 8, Eagle County. Lower
terminus: The confluence of Gypsum Creek and the Eagle River. Amount: 2.0 cfs up to 194.2 acre feet, conditional. Source: Schliff
Ditch and C.M. Stremme Gates Ditch consumptive use credits. Uses: Substitution and exchange. Appropriation date: November 6,
2013. How appropriation initiated: Applied for Substitute Water Supply Plan with the State Engineer’s Office. Seventh Claim:
Appropriative Rights of Exchange (Colorado River Exchanges). Description of Exchanges: Name of Exchanges: Wolford
Mountain Reservoir 2014 Exchange. Green Mountain Reservoir 2014 Exchange. Location: Upper Termini: EVCE East Ditch,
described in the Second Claim. EVCE West Ditch, described in the Second Claim. EVCE Pump and Pipeline, described in the Second
Claim. Red Table Acres Spring Collection System, described in the Second Claim. Gypsum Eagle River Pumping Pipeline, described
in the Second Claim. Lower Terminus: The confluence of the Colorado and Eagle Rivers. Amount: 2.0 cfs up to 214.4 acre feet,
conditional. Source: Water Supply Contracts with the CRWCD and the USBR, described in the Fifth Claim above. Uses: Substitution
and exchange. Appropriation date: December 30, 2014. How appropriation initiated: By forming the intent to appropriate and by filing
the application in this case. Eighth Claim: Appropriative Right of Exchange (Gypsum Creek Exchanges). Description of
Exchange: Name of Exchanges: L.E.D.E Reservoir 2014 Exchange. Location: Upper Termini: EVCE East Ditch, described in the
Second Claim. EVCE West Ditch, described in the Second Claim. EVCE Pump and Pipeline, described in the Second Claim. Red
Table Acres Spring Collection System, described in the Second Claim. Lower Terminus: The confluence of the Eagle River and
Gypsum Creek. Amount: 2.0 cfs up to 214.4 acre feet, conditional. Sources: L.E.D.E. Reservoir: Gypsum Creek, tributary to the Eagle
River. L.E.D.E. Reservoir, Town Enlargement: Deliveries from the LEDE Ditch, Town Enlargement water right, which diverts from
Antones Cabin Creek, a tributary of Brush Creek, tributary to the Eagle River. Uses: Substitution and exchange. Appropriation date:
December 30, 2014. How appropriation initiated: By forming the intent to appropriate and by filing the application in this case. (140
pgs.)
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2015 to file with the Water Clerk a
verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be
granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the
applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5,
CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO
81601.
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 DECEMBER 2014. 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.
14CW3168 IN PITKIN COUNTY, COLORADO. APPLICATION FOR APPROVAL OF A PLAN FOR AUGMENTATION
AND EXCHANGE. CONCERNING THE APPLICATION FOR WATER RIGHTS OF ELK WALLOW RANCH, LLC. DISTRICT
COURT, WATER DIVISION NO. 5, STATE OF COLORADO, 109 Eighth Street, Suite 104 Glenwood Springs, CO 81601. 1.
Name and address of Applicant: Elk Wallow Ranch, LLC (“Elk Wallow”) P.O. Box 7877, Aspen, Colorado 81612. Direct all
pleadings to: Kristin H. Moseley, William D. Wombacher, Porzak Browning & Bushong LLP, 2120 13th
Street, Boulder, CO 80302.
DECEMBER 2014 RESUME
WATER DIVISION 5 PAGE 28
2. Overview: Elk Wallow seeks approval of a plan for augmentation and appropriative rights of exchange to offset out-of-priority
evaporative depletions from Marolt Reservoir and Marolt Pond by making releases from Ruedi Reservoir. 3. Description of Water
Right to be Augmented: Elk Wallow seeks to augment directly or by exchange the following water rights: a. Structures: i. Marolt
Reservoir. ii. Marolt Reservoir, First Enlargement. iii. Marolt Pond. iv. Marolt Pond, First Enlargement. b. Original Decree: In Case
No. 86CW278 on June 3, 1987, the Water Court in and for Water Division No. 5 ("Water Court") awarded conditional water rights for
Marolt Reservoir and Marolt Pond. Subsequent findings of diligence for these rights occurred in Case Nos. 12CW153, 06CW09,
99CW187, and 93CW102. In Case No. 93CW79 on October 17, 1995, the Water Court awarded conditional water rights for Marolt
Reservoir First Enlargement and Marolt Pond First Enlargement. Subsequent findings of diligence for these rights occurred in Case
Nos. 12CW153, 09CW08 and 01CW261. c. Location: i. Marolt Reservoir and Marolt Reservoir, First Enlargement: The dam axis is
located at a point on the crest of the dam whence the North Quarter Corner of Section 9, T.10 S., R. 85 W. of the 6th
P.M. bears N. 3
degrees E. 1480 feet; thence S. 39 degrees E. 150 feet along the crest of the dam, which is alternately described as the NE1/4 NW1/4
of Section 9, Township 10 South, Range 85 West of the 6th
P.M. at a point 1,480 feet from the North section line and 2,610 feet from
the West section line. ii. Marolt Pond and Marolt Pond, First Enlargement: The dam axis is located at a point on the crest of the dam
whence the North Quarter Corner of Section 9, T. 10 S., R. 85 W. of the 6th
P.M. bears N. 11 degrees 30’ E. 3070 feet; thence S. 46
degrees W. 100 feet along the crest of the dam, which is alternately described as the NE1/4 SW1/4 of Section 9, Township 10 South,
Range 85 West of the 6th
P.M. at a point 2,450 feet from the South section line and 2,105 feet from the West section line. A map
depicting the locations of Marolt Reservoir and Marolt Pond is attached hereto as Exhibit A. d. Source for all structures: unnamed
tributary of Owl Creek, tributary to the Roaring Fork River, a tributary of the Colorado River. e. Appropriation Dates: i. Marolt
Reservoir: December 31, 1925 for irrigation, livestock, piscatorial and fish propagation use; July 8, 1986 for domestic use. ii. Marolt
Reservoir First Enlargement: May 28, 1992. iii. Marolt Pond: December 31, 1963 for livestock, fish propagation and piscatorial use;
July 8, 1986 for domestic use. iv. Marolt Pond First Enlargement: May 28, 1992. f. Amount: i. Marolt Reservoir: 14.0 acre feet. ii.
Marolt Reservoir First Enlargement: 10.0 acre feet. iii. Marolt Pond: 4.0 acre feet. iv. Marolt Pond First Enlargement: 8.0 acre feet. g.
Uses: i. Marolt Reservoir: irrigation, livestock, fish propagation, piscatorial, domestic. ii. Marolt Reservoir First Enlargement:
irrigation, livestock, fish propagation, piscatorial, domestic, augmentation, and exchange. iii. Marolt Pond: irrigation, livestock, fish
propagation, piscatorial, domestic. iv. Marolt Pond First Enlargement: irrigation, livestock, fish propagation, piscatorial, domestic,
augmentation, and exchange. 4. Water right to be used as the Source of Augmentation Water. Up to 30 acre feet of Ruedi Reservoir,
decreed in the Garfield County District Court in Civil Action No. 4613 for domestic, municipal, irrigation, industrial, generation of
electrical energy, stock watering and piscatorial uses, with an appropriation date of July 29, 1957. By subsequent order of the Water
Court entered in Case No. W-789-76, the decreed amount of this reservoir has been fixed at 102,369 acre-feet. Ruedi Reservoir is
located in Sections 7, 8, 9, 11 and 14 through 18, Township 8 South, Range 84 West, of the Sixth P.M., in Eagle and Pitkin Counties,
and derives its water supply from the Fryingpan River. Elk Wallow has acquired a contract right to the delivery of up to 30 acre-feet
of Ruedi Reservoir water from the U.S. Bureau of Reclamation, all or a portion of which will be utilized in this application. Any
remaining amount of the 30 acre-feet Ruedi Reservoir contract water will be utilized in a separate application or applications. 5.
Description of the Plan for Augmentation and Appropriative Rights of Exchange: By this application, Elk Wallow seeks to augment,
either directly or by exchange, out-of-priority evaporative depletions from Marolt Reservoir, Marolt Reservoir First Enlargement,
Marolt Pond, and Marolt Pond First Enlargement described in paragraph 3 above. a. Augmentation Plan. To permit the requested out-
of-priority evaporative depletions, Elk Wallow proposes to cause the release of or otherwise commit to the Roaring Fork and Colorado
Rivers from the Ruedi Reservoir contract water described in paragraph 4 above. The replacement water will be provided upstream of
the location of the calling water right. The precise timing and amount of releases from Ruedi Reservoir shall be subject to
administration by the Division Engineer and/or the Water Commissioner. b. Depletion Assumption. It is assumed that all evaporative
depletions from Marolt Reservoir, Marolt Reservoir First Enlargement, Marolt Pond and Marolt Pond First Enlargement are 100%
consumptive. As denoted on the tables attached hereto as Exhibit B and C, total annual losses from Marolt Reservoir and Marolt
Reservoir First Enlargement have been estimated to be 12.56 acre feet (4.30 surface acres) and total anticipated out-of-priority dry-
year evaporative losses from Marolt Pond and Marolt Pond First Enlargement have been estimated to be 10.51 acre feet (3.60 surface
acres). The total out-of-priority dry-year evaporative losses are anticipated to total 15.66 acre feet over the total 7.90 surface acres as
shown on Table 1. c. Exchange Plan Reach and Rate. When an exchange is necessary to augment its out-of-priority depletions, Elk
Wallow seeks the right to operate the following appropriative right of exchange: Elk Wallow seeks approval of a plan to augment by
exchange out-of-priority evaporative depletions from Marolt Reservoir and Marolt Pond pursuant to its contractual right to the
delivery of Ruedi Reservoir water described in paragraph 4 above. The downstream terminus of both exchanges is the confluence of
the Fryingpan and Roaring Fork Rivers located in the SW1/4 SE1/4 of Section 7, Township 8 South, Range 86 West, in the 6th
P.M.
at a point 1440 feet from the east Section Line, and 750 feet from the south Section Line of said Section 7. The upstream termini of
the exchanges are the centroids for Marolt Reservoir and Marolt Pond. The centroid of Marolt Reservoir is the SE1/4 NW1/4 of
Section 9, Township 10 South, Range 85 West, in the 6th
P.M. at a point 1,622 feet from the north Section Line and 2,294 feet from
the west Section Line of said Section 9. The centroid for Marolt Pond is the NE1/4 SW1/4 of Section 9, Township 10 South, Range 85
West, in the 6th
P.M. at a point 2,249 feet from the south Section Line and 2,299 feet from the west Section Line of said Section 9. The
cumulative maximum rate of exchange is 0.22 cfs. The exchange or any portion thereof described herein shall only operate in priority.
The exchange reaches are shown in the attached Exhibit D. d. Priority Date. A December 30, 2014 priority date is sought in
connection with the subject plan for exchange, which is the date of filing of this application. 6. Measurement Devices. So as to ensure
DECEMBER 2014 RESUME
WATER DIVISION 5 PAGE 29
the operation of the augmentation and exchange plan, Elk Wallow will install and maintain such water measuring devices and
implement such accounting procedures as may be required to verify that the amount of augmentation and exchange water equals or
exceeds the amount of out-of-priority depletions resulting from the use of water under the claimed plan for augmentation and
exchange. 7. Names and addresses of owners of land upon which structures are or will be located, upon which water is or will be
stored, or upon which water is or will be placed to beneficial use: Applicant. WHEREFORE, Elk Wallow requests that this Court enter
a decree that: 1. Approves the plan for augmentation and exchanges described in paragraph 5; and 2. Finds that as a result of the plan
for augmentation and exchanges, there will be no injury to any owner of or persons entitled to use water under a vested water right or
decreed conditional right. (11 pages)
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2015 to file with the Water Clerk a
verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be
granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the
applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5,
CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO
81601.
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 DECEMBER 2014. 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.
14CW3169 GARFIELD COUNTY - EAST ELK CREEK. Application for Finding of Reasonable Diligence and to Make
Absolute, in Part. Elk Valley Estates Homeowners Association, c/o Sara M. Dunn, BALCOMB & GREEN, P.C., PO Drawer 790,
Glenwood Springs, CO 81602, (970) 945-6546. Claim for Finding of Reasonable Diligence Elk Valley Estates Well Nos. 1, 1B, 2,
2B, 3, 3B, 4B, 5, 5B, 6, 6B, 7B, 8, 8B and 9 through 27 (formerly known as the Brungs Wells Nos. 1 – 35): Original Decree:
9/13/83, Case No: 82CW92 Court: District Court, Water Division 5. Subsequent Decrees: Case Nos. 00CW6, entered 5/29/01, and
07CW108, entered 12/3/08. Decreed point of diversion: All wells will be located within the Elk Valley Estates Subdivision in the
SE1/4 SW1/4 and SW1/4 SW1/4, Sec. 6, and Lots 1 and 2, Sec. 7, T. 5 S., R. 90 W. of the 6th
P.M. Source: Groundwater tributary to
East Elk Creek, tributary to Main Elk Creek, tributary to the Colorado River. Approp. Date: 9/30/79. Amt.: 15 g.p.m. (0.033 c.f.s. for
each well), cond. Use: domestic, irrigation, livestock watering and fire protection. The conditional water rights described herein are
individual components of Applicant’s integrated water supply system as determined in Case No. 00CW06. A complete description of
diligence is included in the Application on file with the court. Claim to Make Absolute in Part: Elk Valley Estates Well 9A, State
Engineer’s Permit No. 67928-F-R, Assessor’s Parcel No. 212306300136. Original Decree: 8/15/83. Case No: 82CW92. Court: District
Court, Water Division 5. The well is located in the SE1/4 of the SW1/4, Sec. 6, T. 5 S., R. 90 W. of the 6th P.M. 289 ft. from the S.
sec. line and 1648 ft. from the W. sec. line within Elk Valley Estates Lot 9A. Source: Groundwater tributary to East Elk Creek,
tributary to Main Elk Creek, tributary to the Colorado River. Approp. Date: 9/30/79. Amount: 15 g.p.m. Depth: 65 ft. Uses: domestic,
irrigation, livestock watering and fire protection. Date water placed to beneficial use: A pump was installed in the well 6/4/09 and the
water placed to beneficial use upon the completion of construction of the residence on this lot and issuance of the certificate of
occupancy on 4/25/14. Description of the place of use where water is applied to beneficial use: Lot 9A, Elk Valley Estates formerly
referred to as the ZEB Brungs Exemption. Names and Addresses of Owners of the land on which absolute structure is or will be
located, upon which water is or will be placed to beneficial use: Lee & Susan Bachman, 2344 Wood Bridge Cove, Memphis, TN
38119. The other conditional wells are located on Applicant’s members’ properties. (#Pages 5, 2 Figures)
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2015 to file with the Water Clerk a
verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be
granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the
applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5,
CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO
81601.
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 DECEMBER 2014. 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.
14CW3170 GARFIELD COUNTY, COLORADO, Application for a Finding of Reasonable Diligence and to Make Absolute in Part
a Water Right. Applicant: Oak Meadows Water Association, Inc., c/o Kelcey C. Nichols, Wood Nichols, LLC, 201 Main St. Suite
305, Carbondale, CO 81623, (970) 963-3800 and Peter D. Nichols, Berg Hill Greenleaf & Ruscitti LLP, 1712 Pearl Street, Boulder,
Colorado 80302, 303-402-1600, [email protected]. Applicant requests an entry of decree confirming as absolute the Oak Meadows
Spring No. 2 water right for irrigation purposes in the amount of 0.067 c.f.s.; a finding that the Oak Meadows Spring No. 2 is part of
DECEMBER 2014 RESUME
WATER DIVISION 5 PAGE 30
an integrated water supply system as described in the Application; and a decree that that Applicant has demonstrated reasonable
diligence toward the continuing development of Oak Meadows Spring No. 2 water right for domestic, irrigation, stock water and
recreation purposes and continuing all portions and uses not made absolute for an additional six-year diligence period. Name of
structure: Oak Meadows Spring No. 2. Type: Spring. Date of Original Decree: 4/23/71, Case No. W274, Water Division No. 5.
Subsequent decrees awarding findings of reasonable diligence: W804, 88CW178, 94CW297, 01CW109, and 07CW202, Water
Division No. 5. Legal Description: Northwest 1/4 of the Northwest 1/4 of Section 22, Township 7 South, Range 89 West of the 6th
P.M. at a point whence the Northwest Corner of said Section 22 bears North 30°30' West 1635.3 feet. Source: Tributary to Four Mile
Creek, tributary to the Roaring Fork River, tributary to the Colorado River. Land ownership: James W. Spry, IV and Katherine M.
Spry. Appropriation date: November 1, 1970. Amount: 1.0 c.f.s., conditional. Uses: Domestic, irrigation, stockwater, and recreation
purposes. The Application contains a detailed outline of work performed during the diligence period and water applied to beneficial
use. (7 pages)
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2015 to file with the Water Clerk a
verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be
granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the
applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5,
CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO
81601.
29. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES
COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER
CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2014. 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. 14CW3171 (Pitkin, Woody Creek, Water Dist. 38) Applicant: Margaret Wilson Reckling, c/o Rhonda J. Bazil and Beth Van
Vurst, Rhonda J. Bazil, P.C., 230 E. Hopkins Ave., Aspen, CO 81611 (970) 925-7171. Drainage basin: Spring tributary to Woody
Creek. APPLICATION FOR ABSOLUTE SURFACE WATER RIGHT. Structure: Ute City Spring – East. Type: Spring. Legal
Description: the NE1/4 of the SE1/4 of Section 15 , Township 9 South, Range 85 West of the 6th
P.M., at a point approximately 15
feet from the east section line and 1770 feet from the south section line. Appropriation Date: August 31, 1959. Amount: 0.007 cfs (3
gpm), absolute. Use: stock watering for 6 horses and 20 head of cattle. Description of place of use: Parcel 4 as shown on the First
Amended Plat of the Craig Ranch Parcels recorded in Plat Book 79 at Page 83, Reception Number 525477, of the records of Pitkin
County, Colorado. Names and addresses of owners of land upon which any new diversion will be constructed: Michael Craig, P.O.
Box 1837, Carbondale, CO 81623. (5 pages)
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2015 to file with the Water Clerk a
verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be
granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the
applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5,
CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO
81601.
30. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES
COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER
CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2014. 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. 14CW3172 GARFIELD AND EAGLE COUNTIES; BLUE CREEK, ROARING FORK RIVER, COLORADO RIVER. Kings
Row Homeowners Association, P.O. Box 202, Carbondale, CO 81623, c/o Jeffrey J. Conklin, Esq. and Michael J. Sawyer, Esq., Karp
Neu Hanlon, P.C., 201 14th
Street, Suite 200, Glenwood Springs, CO 81601. Application to Make Conditional Water Rights
Absolute, or in the Alternative, Application for Finding of Reasonable Diligence. Claim for Finding of Reasonable Diligence: Kings
Row Well No. 3. Date of original decree: 12/3/2008, in Case No. 04CW115, District Court, Water Div. 5. Subsequent decrees
awarding findings of diligence: N/A. The Kings Row Well No. 3 is located in the NE1/4 SW1/4 of Sec. 21, T7S, R87W, 6th
P.M.,
1,145 feet from the South section line and 2,570 feet from the West section line. In Case No. 04CW115, Kings Row Well No. 3 was
decreed for alternate points of diversion at the following locations: (i) Kings Row Well No. 2, which is located in the SE 1/4, SW 1/4
of Section 21, T7S, R87W of the 6th PM, at a point 2,639 feet East of the West Line and 1,314 feet North of the South line; (ii)
Thunder River Realty Co. Well, which is located in the SW 1/4 SE 1/4 of Sect. 21, T7S, R87W, 6th P.M. at a point whence the SW
Corner of said Section 21 bears S. 66 degrees 22'49" W. 3,054.6 feet; and (iii) The Kings Row Well Field, which is generally located
on 8.6 acres in the E1/2 of the SW1/4 of Sect. 21, T7S, R87W, 6th
P.M. in the County of Garfield, State of Colorado with a legal
description as follows: Beginning at the South quarter corner of Section 21, thence North 11 degrees 39'04" West 677.94 feet to the
Point of Beginning of the well field; thence North 00 degrees 34'16" East 608.16 feet; thence South 75 degrees 30'00" West 729 feet;
DECEMBER 2014 RESUME
WATER DIVISION 5 PAGE 31
thence South 32 degrees 32'13" West 143.85 feet; thence South 43 degrees 14'51" East 605.9 feet; thence North 77 degrees 05'00"
East 416.39 feet to the Point of Beginning of the well field. Source: Groundwater, tributary to Blue Creek, tributary to the Roaring
Fork River, tributary to the Colorado River. Amount: 0.11 c.f.s. (50 g.p.m.) total. 0.066 c.f.s. (30 g.p.m.) absolute for domestic uses in
45 single family dwellings and the irrigation of 2,000 square feet of lawns and gardens per dwelling (2.06 acres) located within the
property boundaries depicted on Exhibit B, and fire protection. 0.044 c.f.s. (20 g.p.m.) conditional for domestic uses inside 6 single
family dwellings, irrigation of 2,000 square feet of lawns and gardens per dwelling (0.28 acres), and fire protection. Annual amount:
Up to 25.8 acre-feet. Total combined diversions from the Kings Row Well No. 3, the Kings Row Well No. 2 and the Thunder River
Realty Co. Well, as described in Case No. 04CW115, will not exceed 25.8 acre-feet annually. Date of Appropriation: September 13,
2002. Uses: Domestic uses inside 51 single family dwellings, irrigation of 2,000 square feet of lawns and gardens per dwelling (2.35
acres), and fire protection. The location of the use is inside the Kings Row Subdivision and on two lots located to and north of the
Kings Row Subdivision, as depicted on Exhibit B. Depth: 360 feet. Remarks: The Kings Row Well No. 3 is permitted as Colorado
Division of Water Resources Well Permit No. 67910-F. See Exhibit C. A detailed outline of what has been done toward completion
of the appropriation and application to beneficial use of the Kings Row Well No. 3, including expenditures, is attached as Exhibit D.
Claim to Make Conditional Water Right Absolute in Part and Application for Finding of Reasonable Diligence: Kings Row
Exchange, an exchange from the confluence of Blue Creek and the Roaring Fork River to a point of Blue Creek where Applicant’s
out-of-priority well depletions will accrue. Description of exchange reach: The upstream terminus is located in T7S, R87W, 6th
P.M.,
Section 32 at a point approximately 1,510 feet from the West line and 2,761 feet from the North line. The downstream terminus is
located in T7S, R87W, 6th P.M., at a point approximately 1,630 feet from the West line and 2,755 feet from the North line.
Appropriation date: 5/15/2004. Exchange amount: 0.11 c.f.s., conditional. Total diversions benefitting from the exchange from the
Thunder River Realty Co. Well and Kings Row Well Nos. 2 and 3 shall not exceed 25.8 acre-feet per year. Exchange water source:
Robinson Ditch and Favre Domestic Pipeline pursuant to Basalt Water Conservancy District Contract No. 37 (“BWCD Contact”).
Claim to Make Absolute: Date water applied to beneficial use: Not later than July 16, 2012 when a call was placed on the Colorado
River Main Stem by Grand Valley Canal (Admin No. 30895.23491). Kings Row Well No. 3 is in use and operated out-of-priority
pursuant to the BWCD Contract. Amount: 0.066 c.f.s. absolute, 0.044 c.f.s. conditional. Use: Augmentation. Description of place of
use where water is applied to beneficial use: the Kings Row Subdivision and on two lots located to and north of the Kings Row
Subdivision, as depicted on Exhibit B. Claim for Diligence. A detailed outline of what has been done toward completion of the
appropriation and application to beneficial use as conditionally decreed, including expenditures, is attached as Exhibit D. Plan for
Augmentation: The Kings Row Well No. 3 and the Kings Row Exchange are operated in accordance with the terms and conditions of
the augmentation plan as decreed in Case No. 04CW115. Name and address of owner of land on which structure is located:
Applicant. Water rights location maps are attached as Exhibits A and B. All Exhibits are on file with the Water Court. (10 pgs.)
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2015 to file with the Water Clerk a
verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be
granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the
applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5,
CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO
81601.
31. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES
COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER
CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2014. 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. 14CW3174 MESA COUNTY – BUZZARD CREEK, Application for Conditional and Absolute Water Storage Rights and
Conditional and Absolute Surface Water Rights, Piceance Energy, LLC, c/o Sara M. Dunn, Esq., David C. Hallford, Esq., Balcomb &
Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602, 970-945-6546. CLAIM FOR CONDITIONAL AND ABSOLUTE
STORAGE RIGHTS. Groundhog Gulch Reservoir: location of dam centerline: SW1/4 of the NW1/4 of Sec. 28, T. 9 S., R. 93 W.
of the 6th P.M. at a point 1731 ft. from the N. line and 374 ft. from the W. line of said Sec. 28. UTM: Zone 13; 259907 Easting,
4348275 Northing. Source: Diffuse surface runoff tributary to Groundhog Gulch, tributary to Buzzard Creek, tributary to Plateau
Creek, tributary to the Colorado River and via the PE Pump Station diverting from Buzzard Creek at a rate of 3.3 c.f.s., described in
detail below. Approp. date: August 14, 2013. How appropriation was initiated: Applicant commenced investigation into the
feasibility of constructing a freshwater storage pond for industrial uses and engaged the services of surveyors and engineers to assist in
this process. The structure was completed and filled in 2014. Date water applied to beneficial use: 12/12/14. Amount claimed: 72.35
a.f., with the right to fill and refill when water is physically and legally available. 60.10 a.f. diverted at 1.27 c.f.s. is absolute and 12.25
a.f. is cond. Uses: Industrial use associated with mineral extraction. Surface area of high water line: 5.14 acres. Vertical height of
dam: less than 10 ft. Length of Dam: 600 ft. Active Capacity: 72.35. Name and address of owner of the land upon which any new or
existing diversion or storage structure, or modification of any existing diversion or storage structure is or will be constructed or upon
which water is or will be stored, including any modification to the existing storage pool: Applicant. CLAIM FOR CONDITIONAL
AND ABSOLUTE SURFACE WATER RIGHTS. PE Pump Station. Legal: NW1/4 of the SW1/4 of Sec. 14, T. 9 S., R. 93 W. of
DECEMBER 2014 RESUME
WATER DIVISION 5 PAGE 32
the 6th P.M., at a point 2054 ft. from the S. line and 978 ft. from the W. line of said Sec. 14. UTM: Zone 13; 263347 Easting,
4350875 Northing. Source: Buzzard Creek, tributary to Plateau Creek, tributary to the Colorado River. Approp. Date: August 14,
2013. Applicant commenced investigation into the feasibility of utilizing the PE Pump Station to fill a freshwater storage pond for
industrial uses and engaged the services of surveyors and engineers to assist in this process. Date water applied to beneficial use:
Diversion of water at the PE Pump Station was commenced on 11/17/14 for the filling of Groundhog Gulch Reservoir for subsequent
industrial uses. The PE Pump Station was also used by Applicant’s predecessor-in-interest to divert water for industrial use. Amount
claimed: 3.3 c.f.s. 1.27 c.f.s. is absolute and 2.03 c.f.s. is cond. Uses: Filling of the Groundhog Gulch Reservoir and diversion of
water for industrial use associated with mineral extraction. Name and address of owner of the land upon which any new or existing
diversion or storage structure, or modification of any existing diversion or storage structure is or will be constructed or upon which
water is or will be stored, including any modification to the existing storage pool: Applicant. (# Pages 5, 2 Figures, 1 Exhibit)
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2015 to file with the Water Clerk a
verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be
granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the
applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5,
CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO
81601.
32. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES
COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER
CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2014. 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.
14CW3175 EAGLE COUNTY; Application for Conditional Appropriative Right of Exchange. Applicant: John F. Dorn; please
direct all correspondence to Applicant’s attorney: Mary Elizabeth Geiger, GARFIELD & HECHT, PC, 420 Seventh St., Glenwood
Springs, CO 81601; (970) 947-1936; [email protected]; Description of conditional right of exchange: John F. Dorn
Appropriative Right of Exchange; Legal description of upstream terminus: John Dorn Well No. 1: at a point located in the SW1/4 of
the SE1/4 of Sec 19, T 5 South, R 82 West of the 6th
P.M., Eagle County, Colorado, being 1,260 feet North of the South Sec line, and
2610 feet West of the East Sec line of said Sec 19. John Dorn Well No. 2: at a point located in the NW1/4 of the SE1/4 of Sec 19, T 5
South, R 82 West of the 6th
P.M., Eagle County, Colorado, being 1640 feet North of the South Sec line, and 2400 feet West of the East
Sec line of said Sec 19. John Dorn Well No. 3: at a point located in the NW1/4 of the SE1/4 of Sec 19, T 5 South, R 82 West of the
6th
P.M., Eagle County, Colorado, being 2150 feet North of the South Sec line, and 2250 feet West of the East Sec line of said Sec 19.
Location of downstream terminus: The confluence of the Eagle River and Lake Creek is located in the NE ¼ of the NE ¼ of Sec 6, T
5 South, R 82 West, in the 6th
P.M. at a point 600 feet from the north Sec line, and 110 feet from the east Sec line. Appropriation
date:February 28, 1998, by the filing of the application in Case No. 98CW264. Applicant received approval of a plan for
augmentation in that case, as well as a decree for a conditional appropriative right of exchange with the upstream and downstream
termini described herein. Applicant failed to file diligence on such conditional exchange as required and the water right was canceled
as a matter of law. Therefore, Applicant is re-applying to for such appropriative right of exchange. Amount/Rate: 25 g.p.m.;
volumetric limit of 3 acre-feet per year. Water rights used in exchange: Pursuant to the augmentation plan approved in Case No.
98CW264, Applicant has a contract with the Colorado River Water Conservation District (“River District”) for releases of water from
the following sources: Wolford Mountain Reservoir. The River District owns and operates Wolford Mountain Reservoir (f/k/a
Gunsight Pass Reservoir). Legal description of place of storage: The dam is located in the SW1/4 of the NE1/4 of Sec 25, T. 2 N., R.
81 W., 6th P.M. The interSec of the dam axis (Sta. D19+35.61) with the West Access Road (Sta. WR50+55.05) occurs at a point
which bears S. 5324'56" E. a distance of 3,395.51 feet from the NW corner of said Sec 25; the bearing of said dam axis from Sta.
19+35.61 to Sta. 0+00 being S. 75 28' 29" E. Source: Muddy Creek and its tributaries, tributary to the Colorado River. Previous
storage decrees: Case No. 87CW283: Decree Date: Nov. 20, 1989, District Court, Water Div. No. 5.Amount: 59,993 a.f. Appropr
Date: Dec. 14, 1987. Use: All beneficial uses, including but not limited to domestic, municipal, agricultural and recreational uses.
Case No. 95CW281: Decree Date: Aug. 26, 1997, District Court, Water Div. No. 5.Amount: 6,000 a.f. (enlargement). Approp Date:
Jan. 16, 1995. Use: 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, recreational and environmental mitigation.(c) Case No. 98CW237;
Decree Date: July 6, 2000, District Court, Water Div. No. 5. Amount: 30,000 a.f. (refill). Approp Date: Nov. 17, 1998. Use: Certain
of the beneficial uses previously adjudicated for Wolford Mountain Reservoir in Cases No. 87CW283 and 95CW281. Ruedi
Reservoir. The River District is entitled to deliveries of water from Ruedi Reservoir pursuant to contract with the U.S. Bureau of
Reclamation. Legal description of place of storage: Secs 7, 8, 9, 11 and 14 through 18, T. 8 S., R. 84 W., 6th P.M., in Eagle and Pitkin
Counties. The dam axis intersects the right abutment at a point whence the SW corner of Sec 7, T. 8 S., R. 84 W. of the 6th P.M.
bears N. 8210'W. a distance of 1,285 feet. Source: Fryingpan River. Previous storage decrees: Civil Action No. 4613: Decree Date:
June 20, 1958, Garfield County District Court. Amount: 140,697.3 a.f., reduced to 102,369 a.f. pursuant to order of the District Court,
Water Div. No. 5 in Case No. W-789-76. Approp Date: July 29, 1957. Use: Domestic, municipal, irrigation, industrial, generation of
DECEMBER 2014 RESUME
WATER DIVISION 5 PAGE 33
electrical energy, stock watering and piscatorial.Case No. 81CW34: Decree Date: April 8, 1985, District Court, Water Div. No. 5.
Amount: 101,280 a.f. (refill). Approp Date: Jan. 22, 1981. Use: Irrigation, domestic, municipal, generation of electrical energy, stock
watering, industrial, piscatorial, recreation and maintenance of sufficient storage reserves to fulfill contractual obligations and provide
stored water for recreation in times of drought. River District Eagle River Supply Sources. Eagle Park Reservoir Company owns and
operates the Eagle Park Reservoir Project located in the headwaters of the Eagle River. The River District is a shareholder in Eagle
Park Reservoir Company and is entitled to yield from the Eagle Park Reservoir Project and exchange supplies provided by Aurora and
Colorado Springs pursuant to contract. Eagle Park Reservoir Project. Eagle Park Reservoir was decreed by the District Court, Water
Div. No. 5, in Cases No. 92CW340 and 93CW301, for a total capacity of 27,600 a.f., with an appropriation date of March 16, 1991,
for 5,300 a.f., and May 18, 1993, for 22,300 a.f., together with the right to divert at the rate of 80 c.f.s. under the Aug. 10, 1956
appropriation date of the Pando Feeder Canal pursuant to the decree of the District Court, Water Div. No. 5, entered in Case No.
97CW288, for mining, milling, industrial, snowmaking, municipal, domestic, stock watering, recreation, fish and wildlife, irrigation,
agricultural, exchange, replacement, augmentation and all other beneficial purposes. Eagle Park Reservoir is augmented by exchange
by decree of the District Court, Water Div. No. 5, entered in Case No. 95CW348. The north abutment of the dam crest is located
approximately 160 feet north of the south Sec line and 650 feet east of the west Sec line of Sec 28, T. 7 S., R. 79 W., 6th P.M., Eagle
County, Colorado. The source of Eagle Park Reservoir is the East Fork of the Eagle River including runoff, surface flow and seepage
from the area above the reservoir and tributary thereto and water tributary to Tenmile Creek, a tributary of the Blue River. Arkansas
Well. The Arkansas Well water consists of the first 455 a.f. per year of historic transbasin diversions from an undivided 1/7th interest
in and to the Stevens and Leiter Ditch, originally decreed by the Chaffee County District Court for 38 c.f.s. with a priority date of
Sept. 1, 1873, as changed by the Chaffee County District Court in Civil Action No. 5276, to a new point of diversion which is a well
located on the East Fork of the Arkansas River in Lake County, Colorado in the E1/2 SE1/4 SE1/4 of Sec 10, T. 8 S., R. 79 W. of the
6th P.M. whence the SE corner of Sec 10 bears South 1737' East a distance of 364.8 feet. The new point of diversion was confirmed
by the District Court, Water Div. No. 2, in Case No. 91CW028, providing that the water could be diverted at the rate of 1.086 c.f.s.,
with an annual volumetric limit of 786 a.f., to the Colorado River Basin without any return flows to the Arkansas River Basin,
together with the right to use, reuse and successively use said water to extinction. Homestake Project. Homestake Reservoir, a/k/a
Elliott-Weers Reservoir, was decreed by the Eagle County District Court in Civil Action No. 1193 for 83,338.98 a.f. The reservoir is
located on Homestake Creek with the dam being located whence the NW corner of Sec 31 T. 7 S., R. 80 W., 6th P.M. bears N.
5830.6' E. 24,659 feet from the East dam abutment and N. 6225.8' E. 25,746 feet from the West dam abutment. The sources of
supply are the East Fork of Homestake Creek, the Middle Fork of Homestake Creek and Homestake Creek, tributary to the Eagle
River, tributary to the Colorado River. Camp Hale Project. Aurora and Colorado Springs may provide to the River District water
released from those surface water storage rights decreed to Aurora and Colorado Springs in Cases No. 88CW449 and 95CW272A,
District Court, Water Div. No. 5. Owners of land upon which structures are located: John Dorn Wells Nos. 1-3: Applicant; Wolford
Mountain Reservoir: Colorado River Water Conservation District, P.O. Box 1120, Glenwood Springs, CO 81602; Eagle Park
Reservoir and other Eagle River Water Supply Sources: The Colorado River Water Conservation District is a shareholder in the Eagle
Park Reservoir Company, and it is through the Contract with the River District that Applicant is entitled to the use of water from these
sources.; Ruedi Reservoir is owned by the U.S. Bureau of Reclamation, 11056 West County Road 18E, Loveland, CO 80537;
Applicant’s use of water from this source is through his contract with the River District. (8 pages)
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2015 to file with the Water Clerk a
verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be
granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the
applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5,
CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO
81601.
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 DECEMBER 2014. 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.
14CW3176 PITKIN COUNTY. ROARING FORK RIVER. WCCP1, LLC and WCCP2, LLC, c/o Patrick, Miller, Kropf & Noto,
P.C., Paul L. Noto, Esq. and Jason M. Groves, Esq., 197 Prospector Dr., Suite 2014A, Aspen, CO 81611, (970) 920-1030.
APPLICATION FOR WATER STORAGE RIGHTS, CHANGE OF WATER RIGHTS, AND APPROVAL OF PLAN FOR
AUGMENTATION, INCLUDING EXCHANGE. First Claim: For Water Storage Right. Name of reservoir: Upper Irrigation
Pond. Legal description: SE ¼, SW¼, Section 10, Township 9 South, Range 85 West, 6th
Principal Meridian, 340 feet from the south
section line and 1660 feet from the west section line, in Pitkin County. A map of the pond is on file with the Court. NAD 83 UTM
Coordinates: Easting-338473 Northing-4349310. Source: Roaring Fork River, via Salvation Ditch, and local runoff captured by the
pond. If filled from a ditch or ditches: Name of ditch used to fill reservoir and capacity in c.f.s.: Lateral of the Salvation Ditch, with a
capacity of approximately 0.5 c.f.s. Legal description of each point of diversion: The decreed point of diversion for the Salvation
Ditch is on the north bank of the Roaring Fork River at a point from whence the East quarter corner of Section 7 in Township 10
DECEMBER 2014 RESUME
WATER DIVISION 5 PAGE 34
South, Range 84 West of the 6th
Principal Meridian bears north 2 degrees 48 minutes west 5,633.4 feet. Appropriation: Date of
Appropriation: August 1, 2012. How appropriation was initiated: Field inspection, staking the pond, and formulation of intent to
apply water to beneficial use. Date water applied to beneficial use: N/A. Amount claimed: 0.2 acre-feet, conditional. If filled from
ditch, rate of diversion in c.f.s. for filling the reservoir: 0.25 c.f.s. Use: If irrigation, complete the following: Number of acres
historically irrigated: 14.6. Total number of acres proposed to be irrigated: approximately 13.4, as an irrigation control structure for
Applicants’ Salvation Ditch water rights. The legal description of the land irrigated: In the SE ¼ and the SW ¼ of the SW ¼ of
Section 10, T. 9 S., R. 85W, 6th
P.M. A map of the land irrigated is on file with the Court. If non-irrigation, describe purpose fully:
Aesthetic, recreation, piscatorial, fire protection. Surface area of high water line: 0.136 acre. Maximum height of dam in feet: Less
than 10 feet. Length of dam: 70 feet. Total capacity of reservoir in acre-feet: 0.2 acre-feet. Active capacity: 0.18 acre-feet. Dead
storage: 0.02 acre-feet. The name and address of the owner of the land upon which the pond will be built: Applicant WCCP1, LLC.
Remarks: The Upper Irrigation Pond is filled from water imported into the Woody Creek basin by the Salvation Ditch, which diverts
from the Roaring Fork River. Accordingly, Applicants request a finding that the Upper Irrigation Pond will not be subject to
administration for Woody Creek water rights, except for out-of-priority precipitation stored during such calls. Applicants will install
any measuring devices and produce accounting as required by the Division Engineer to administer the Upper Irrigation Pond without
injury to Woody Creek water rights. Second Claim: For Water Storage Right. Name of reservoir: Middle Irrigation Pond. Legal
description: In the SE ¼, SW ¼, Section 10, Township 9 South, Range 85 West, 6th
Principal Meridian, at a point 470 feet from the
south section line and 1550 feet from the west section line, in Pitkin County. A map of the pond is on file with the Court. NAD 83
UTM Coordinates: Easting 338439 Northing-4349351. Source: Roaring Fork River, via Salvation Ditch, and local runoff captured by
the pond. If filled from a ditch or ditches: Name of ditch used to fill reservoir and capacity in c.f.s.: Lateral of the Salvation Ditch,
with a capacity of approximately 0.5 c.f.s. Legal description of each point of diversion: See above. Appropriation: Date of
Appropriation: August 1, 2012. How appropriation was initiated: Field inspection, staking the pond, and formulation of intent to
apply water to beneficial use. Date water applied to beneficial use: N/A. Amount claimed: 0.9 acre-feet, conditional. If filled from
ditch, rate of diversion in c.f.s. for filling the reservoir: 0.25 c.f.s. Use: If irrigation, complete the following: Number of acres
historically irrigated: 14.6. Total number of acres proposed to be irrigated: 13.4, as an irrigation control structure for Applicants’
Salvation Ditch water rights. The legal description of the land irrigated: In the SE ¼ and the SW ¼ of the SW ¼ of Section 10,
Township 9 South, Range 85 West, 6th
Principal Meridian. A map of the land irrigated is on file with the Court. If non-irrigation,
describe purpose fully: Aesthetic, recreation, piscatorial, fire protection. Surface area of high water line: 0.28 acre. Maximum height
of dam in feet: Less than 10 feet. Length of dam: 100 feet. Total capacity of reservoir in acre-feet: 0.9 acre-feet. Active capacity: 0.87
acre-feet. Dead storage: 0.03 acre-feet. The name and address of the landowner upon which the pond will be built: Applicant WCCP1,
LLC. Remarks: The Middle Irrigation Pond is filled from water imported into the Woody Creek basin by the Salvation Ditch, which
diverts from the Roaring Fork River. Accordingly, Applicants request a finding that the Middle Irrigation Pond will not be subject to
administration for Woody Creek water rights, except for out-of-priority precipitation stored during such calls. Applicants will install
any measuring devices and produce accounting as required by the Division Engineer to administer the Middle Irrigation Pond without
injury to Woody Creek water rights. Third Claim: For Water Storage Right. Name of reservoir: Leland Wetland Pond. Legal
description: in the SW ¼, SW ¼, Section 10, Township 9 South, Range 85 West, 6th
Principal Meridian, at a point 550 feet from the
south section line and 1420 feet from the west section line, in Pitkin County. A map of the pond is on file with the Court. NAD 83
UTM Coordinates: Easting 338398 Northing 4349378. Source: Roaring Fork River, via Salvation Ditch, and local runoff captured by
the pond. If filled from a ditch or ditches: Name of ditch used to fill reservoir and capacity in c.f.s.: Lateral of the Salvation Ditch,
with a capacity of approximately 0.5 c.f.s. Legal description of each point of diversion: See above. Appropriation: Date of
Appropriation: August 1, 2012. How appropriation was initiated: Field inspection, staking the pond, and formulation of intent to
apply water to beneficial use. Date water applied to beneficial use: N/A. Amount claimed: 0.9 acre-feet, conditional. If filled from
ditch, rate of diversion in c.f.s. for filling the reservoir: 0.25 c.f.s. Use: As an infiltration and recharge area for return flows from the
Upper Irrigation Pond, Middle Irrigation Pond, Leland Parcel 2 Irrigation Pond; aesthetic; and wetlands creation. Surface area of high
water line: 0.33 acre. Maximum height of dam in feet: Less than 10 feet. Length of dam: 140 feet. Total capacity of reservoir in acre-
feet: 0.9 acre-feet. Active capacity: 0.9 acre-feet, through infiltration and recharge of return flows. Dead storage: 0 acre-feet. The
name and address of the landowner upon which the pond will be built: Applicant WCCP1, LLC. Remarks: The Leland Wetland Pond
will be a shallow pond which will store water at times in a wetland water feature. Applicants will not line this pond and will design the
pond so that water will seep into the ground to mimic historic irrigation return flow patterns on Applicants’ properties. At times when
there is minimal or no overflow water from the Upper Irrigation Pond, Middle Irrigation Pond, and Parcel 2 Irrigation Pond, the
Leland Wetland Pond will be dry and will not store water, but will continue to act as a recharge pit for the return flow component of
the Salvation Ditch water rights changed under the Fifth Claim below, and any overflows from the ponds. Fourth Claim: For Water
Storage Right. Name of reservoir: Parcel 2 Irrigation Pond. Legal description: In the SE ¼, SW ¼, Section 10, Township 9 South,
Range 85 West, 6th
Principal Meridian, at a point 145 feet from the south section line and 2415 feet from the west section line, in
Pitkin County. A map of the pond is on file with the Court. NAD 83 UTM Coordinates: Easting 338702 Northing 4349246. Source:
Roaring Fork River, via Salvation Ditch, and local runoff captured by the pond. If filled from a ditch or ditches: Name of ditch used to
fill reservoir and capacity in c.f.s.: Lateral of the Salvation Ditch, with a capacity of approximately 0.5 c.f.s. Legal description of each
point of diversion: See above. Appropriation: Date of Appropriation: July 31, 2014. How appropriation was initiated: Field inspection,
designing the pond, and formulation of intent to apply water to beneficial use. Date water applied to beneficial use: N/A. Amount
DECEMBER 2014 RESUME
WATER DIVISION 5 PAGE 35
claimed: 0.5 acre-feet, conditional. If filled from ditch, rate of diversion in c.f.s. for filling the reservoir: 0.25 c.f.s. Use: If irrigation,
complete the following: Number of acres historically irrigated: 5.5. Total number of acres proposed to be irrigated: 4.89, as an
irrigation control structure for Applicants’ Salvation Ditch water rights. If non-irrigation, describe purpose fully: Aesthetic, recreation,
piscatorial, fire protection. Surface area of high water line: 0.23 acre. Maximum height of dam in feet: Less than 10 feet. Length of
dam: 140 feet. Total capacity of reservoir in acre feet: 0.5 acre-feet. Active capacity: 0.47 acre-feet. Dead storage: 0.03 acre-feet. The
name and address of the landowner upon which the pond will be built: Applicant WCCP2, LLC. Remarks: The Parcel 2 Irrigation
Pond will be filled from water imported into the Woody Creek basin by the Salvation Ditch, which diverts from the Roaring Fork
River. Accordingly, Applicants request a finding that the Parcel 2 Irrigation Pond will not be subject to administration for Woody
Creek water rights, except for out-of-priority precipitation stored during such calls. Applicants will install any measuring devices and
produce accounting as required by the Division Engineer to administer the Parcel 2 Irrigation Pond without injury to Woody Creek
water rights. Fifth Claim: For Change of Water Rights. Decreed water right for which change is sought: Name of structure:
Salvation Ditch. Case number, court, and date of original and relevant subsequent decrees:
Structure Priority Case No. Approp.
Date
Adjud.
Date
Amount
Decreed
(c.f.s.)
Amount
Applicant
Owns
(c.f.s.)
Applicant’s
Amount Changed
in Plan
(c.f.s.)
Salvation
Ditch
218A CA 1221 8/2/1902 1/21/1905 25.3 0.63 0.057
Salvation
Ditch
218A CA 1221 8/2/1902 1/21/1905 21.2 0.53 0.048
Salvation
Ditch
218A CA 1221 8/2/1902 1/21/1905 11.5 0.29 0.026
TOTALS 58.0 1.45
(or 2.5% of
total decreed
amount)
0.131
(or 9% of
Applicant’s 2.5%
ownership in
decreed amount)
Legal description of structure as described in the most recent decree: The decreed point of diversion for the Salvation Ditch is located
on the north bank of the Roaring Fork River at a point from whence the east quarter corner of Section 7, Township 10 South, Range
84 West of the 6th
P.M. bears North 2˚ 48’ West 5633.4 feet. Decreed source of water: Roaring Fork River. Appropriation date:
August 2, 1902. Total amount decreed: 58 c.f.s., absolute. Decreed use or uses: Irrigation. Amount of water that applicant intends to
change: 0.13 c.f.s. Detailed description of proposed change. Complete statement of change: Applicants own 298 Salvation Ditch
Company shares, which have been historically used to irrigate approximately 20.1 acres on Applicants’ property depicted on the map
on file with the Court. Diversion records for the Salvation Ditch are on file with the Court. Based upon the 12,100 shares currently
outstanding, Applicants are entitled to divert and have used approximately 2.5 percent of the Salvation Ditch’s historical diversions to
irrigate 20.1 acres on Applicants’ property. Applicants request approval of a change of use of 0.13 c.f.s. of its Salvation Ditch water
rights to include storage and augmentation as decreed uses. As a result of building footprints, pond system footprints, and driveways
constructed on Applicants’ property, Applicants have dried up or will dry up approximately 1.81 historically irrigated acres on
Applicants’ property. The dryup is depicted on the map on file with the Court. Applicants will employ accounting procedures and
install measuring devices as required by the Division Engineer to ensure that this change of water right will not result in an expansion
of historical use of the amount of water changed. Applicants’ consulting engineer has determined that the 0.13 c.f.s. of water
historically used to irrigate the 1.81 acres of land being permanently dried up results in a consumptive use credit of 2.16 acre-feet of
water per year (1.19 acre feet per acre), based on a Blaney-Criddle analysis adjusted for altitude. A summary of the Blaney-Criddle
analysis is on file with the Court. Accordingly, the change of water right will result in 2.16 acre-feet of consumptive use credits per
year. Applicants intend to store the consumptive use credits in the Upper Irrigation Pond, Middle Irrigation Pond, and Parcel 2
Irrigation Pond as an augmentation source under the plan for augmentation requested below. The name and address of the owner of
the land upon which any new diversion or storage structure will be constructed: Applicants. Sixth Claim: For Approval of Plan for
Augmentation, Including Exchange. Names of structures to be augmented: Upper Irrigation Pond, Middle Irrigation Pond, Leland
Wetland Pond, Parcel 2 Irrigation Pond, and associated fill ditch surface area. Description of water rights: Case No.: This case. Name
of Court: District Court, Water Division No. 5, Colorado. Legal descriptions: See above. A map of the ponds is on file with the Court.
Appropriation date: August 1, 2012 for the Upper Irrigation Pond, Lower Irrigation Pond, and Leland Wetland Pond, and July 31,
2014 for the Parcel 2 Irrigation Pond. Amounts: See above. Source: Roaring Fork River, via Salvation Ditch. Decreed uses: Aesthetic,
recreation, piscatorial, fire protection, and as irrigation control structures for Applicants’ senior water rights. Other water rights
diverted from these structures? Yes, the structures will be used as irrigation control structures for Applicants’ Salvation Ditch water.
Case No. & Court: See above. Legal descriptions of structures: See above. Water rights to be used for augmentation: Salvation Ditch
consumptive use credits. Date of original decree and subsequent decrees: January 21, 1905. Civil Action No. 1221, Garfield County
District Court. Type of water right: Surface. Legal description: See above. Source: Roaring Fork River. Appropriation Date: August 2,
DECEMBER 2014 RESUME
WATER DIVISION 5 PAGE 36
1902. Amount: 58 c.f.s. Amount to be included in this plan: 0.13 c.f.s., 2.16 acre-feet. Current uses: Irrigation. Basalt Water
Conservancy District Allotment Contract: Pursuant to an allotment contract, 1 acre-foot of the following water rights will be made
available to Applicant for augmentation: Ruedi Reservoir for the benefit of the Basalt Water Conservancy District: Ruedi Reservoir
was originally decreed in C.A. No. 4613, District Court, Garfield County, on June 20, 1958, with an appropriation date of July 29,
1957. In Case No. W-789-76, District Court, Water Division No. 5, the decreed storage capacity for the reservoir was reduced to
102,369 acre-feet. The reservoir is a component of the Fryingpan-Arkansas Project, originally authorized for construction by the Act
of August 16, 1962 (76 Stat. 389) as amended by the Acts of October 27, 1974 (88 Stat. 1486) and November 3, 1978 (92 Stat. 2492),
in substantial accordance with House Doc. No. 187 83rd
Congress, 1st Session, as modified by House Doc. 353, 86
th Congress, 2
nd
Session. The reservoir is subject to the Operating Principles for the Fryingpan-Arkansas Project as set forth in House Doc. 130, 87th
Cong., 1st Session. It is operated by the U.S. Bureau of Reclamation, which has contracted for an allotment of water to the Basalt
Water Conservancy District. Green Mountain Reservoir for the benefit of the Basalt Water Conservancy District: The reservoir was
originally decreed in Case Nos. 2782, 5016 and 5017, United States District Court, District of Colorado on October 12, 1955, with a
date of appropriation of August 1, 1935. The source of the reservoir is the Blue River, tributary to the Colorado River. Its decreed
storage capacity is 154,645 acre-feet. The reservoir is operated the U.S. Bureau of Reclamation in accordance with paragraph 5(a),
(b), and (c) of the section entitled “Manner of Operation of Project Facilities and Auxiliary Facilities” in Senate Document 80. Troy
Ditch and Edith Ditch direct flow water rights may be used for augmentation, including one or more of the following structures:
Structur
e
Priori
ty
Court
Case
No.
Adjudicat
ion
Date
Applicat
ion
Date
Decre
ed
Amou
nt
(cfs)
Us
e
(4)
AMOUNT SOLD,
TRANSFERRED OR RESERVED
AMOUNT
REMAINING (10)
(5)
(6)
(7)
(8)
(9)
CFS
AF
Troy
Ditch (1)
370
3082
08/25/193
6
05/01/19
06
5.10
I
0.00
0
0.00
0
0.09
5
0.06
4
0.03
5
4.906
N/A
Troy
Ditch 1st
Enlg
427
3082
08/25/193
6
05/01/19
28
10.80
I
0.00
0
0.00
0
0.20
0
0.13
4
0.07
3
10.39
3
N/A
Troy
Ditch 2nd
Enlg
669
4613
06/20/195
8
06/01/19
42
6.20
I
0.00
0
0.00
0
0.11
5
0.07
7
0.04
2
5.966
N/A
Edith
Ditch
353
3082
08/25/193
6
05/01/19
04
2.72
I
0.11
0
0.13
2
0.05
0
0.00
0
0.01
8
2.410
N/A
Edith
Ditch 1st
Enlg
673
4613
06/20/195
8
07/01/19
46
3.23
I
0.00
0
0.00
0
0.06
0
0.00
0
0.02
2
3.148
N/A
Troy
Ditch
Water
System
aka
Lower
(2)
W-
2281
15.50(
3)
I,D
,M
C,
P
0.11
0
0.13
2
0.52
0
0.27
5
0.19
0
14.27
3
412.8
9
DECEMBER 2014 RESUME
WATER DIVISION 5 PAGE 37
(1) Originally diverted from Miller Creek. All others originally diverted from Frying Pan River.
(2) Alternate point for all priorities of Troy and Edith Ditches.
(3) Combined amount limited to 15.5 cfs and 453 AF of consumptive use, 300 AF of which can be stored.
(4) I = Irrigation, D = Domestic, M = Municipal, C = Industrial and P = Piscatorial.
(5) Transferred to Edith Ditch Well in Case No. 80CW1 with 1.0 AF.
(6) Transferred to three springs on Cap K Ranch in Case No. 82CW189 (1.29 AF assumed to be included).
(7) Deeded to George Yates with 15.4 AF in 1983. 0.2 cfs and 10.60 cfs was included in Case No. 82CW357 for Ruedi South
Shores augmentation plan.
(8) Deeded to Joan Wheeler in 1987 for diversion at the Troy Ditch 1st and 2
nd Enlargement (16.9 AF assumed to be included).
(9) Reserved for augmentation of Cap K Ponds with 5.52 AF. Case No. 91CW220.
(10) A total of 40.11 AF of the original 453.00 AF has been sold or transferred.
Remarks: In Case No. W-2281, District Court, Water Division No. 5, the court decreed that 453 acre-feet of annual consumptive-use
credits were available to these ditches and that 300 acre-feet could be stored in an unnamed reservoir. The Basalt Water Conservancy
District owns 412.89 acre-feet of the 453 acre-feet of consumptive-use credits. It makes the water rights available to contract allottees
for use pursuant to an approved substitute supply plan or decree of the water court. The Troy and Edith augmentation water can be
delivered to the Frying Pan, Roaring Fork or Colorado Rivers by bypassing water at the headgates on the Frying Pan River. Historic
Consumptive use credits from the Robinson Ditch may be used for augmentation, including one or more of the following water rights:
STRUCTURE
DECREED
AMOUNT/
cfs
AMOUNT
OWNED BY
BWCD
(cfs)(1)
ADJ. DATE
APP. DATE
PRIORITY
CASE
NO. (2)
ROBINSON
DITCH
5.00
1.21
05/11/1889
06/15/1882
38
132
ROBINSON
DITCH
2.50
0.60
05/11/1889
04/15/1886
140
132
ROBINSON
DITCH
2.00
0.48
05/11/1889
11/15/1886
167
132
ROBINSON
DITCH
10.70
2.59
12/29/1903
04/25/1899
212C
1061
ROBINSON
DITCH
20.06
4.85
08/25/1936
04/25/1900
326
3082
(1) The BWCD owns 441 shares of Class 1 stock issued by the Robinson Ditch Company. The said 441 shares equal 24.16% of
the total shares and are associated with 9.73 cfs of the 40.26 cfs decreed to the Robinson Ditch. (2) District Court in and for Garfield
County. Legal description of point of diversion: The point of diversion as decreed is located on the North bank of the Roaring Fork
River one-half mile below the mouth of Sopris Creek in Section 11, T. 8 S., R. 87 West, 6th
P.M. Historic use: Irrigation of
approximately 137.2 acres of hay and pasture under BWCD’s interest in the Robinson Ditch water rights. In Case No. 93CW319, the
Court decreed that 360 acre-feet of annual consumptive use credits are associated with said irrigation. In that case, the Court also
decreed a change of use of BWCD’s Robinson Ditch rights to include augmentation. BWCD makes the credits available to contract
allottees for use pursuant to an approved substitute supply plan or decree of Court. Complete statement of plan for augmentation:
Applicants own property in the Woody Creek drainage which is irrigated with Salvation Ditch water. The location of Applicants’
property is shown in Figure 4 on file with the Court. Applicants intend to construct new ponds which will be filled with water from
the Salvation Ditch, and augmented under this plan. The locations of the proposed ponds are shown in Figure 1 on file with the Court.
Applicants will fill the Upper Irrigation Pond, Middle Irrigation Pond, Leland Wetland Pond, and Parcel 2 Irrigation Pond under their
own junior priorities in free river conditions each spring. When a call from a water right located below the confluence of the Roaring
Fork and Frying Pan Rivers would otherwise prevent Applicants from refilling and topping off the Upper Irrigation Pond, Middle
Irrigation Pond, Leland Wetland Pond, and Parcel 2 Irrigation Pond, the Basalt Water Conservancy District will release water
described above, and Applicants will augment out-of-priority pond depletions with this water, by exchange. When a call from a water
right located above the confluence of the Roaring Fork and Frying Pan Rivers would otherwise prevent Applicants from refilling and
topping off the Upper Irrigation Pond, Middle Irrigation Pond, and Parcel 2 Irrigation Pond, Applicants will continue to fill these
Headgat
e
DECEMBER 2014 RESUME
WATER DIVISION 5 PAGE 38
ponds with the Salvation Ditch consumptive use credits decreed in this case. Applicants’ consulting engineer calculated the
consumptive use rates and amounts under the modified Blaney-Criddle method, adjusted for altitude, as shown in Table 3 on file with
the Court. Average annual pond evaporation for 1.41 acres of open pond and water feature surface area is 4.17 acre-feet. Based on a
conservative assumed call period, 2.96 acre-feet of pond evaporation depletion will be augmented under this plan, as shown in Table
4 on file with the Court. Gross evaporation is based on NOAA Technical Report NWS 33, Evaporation for the Contiguous 48 United
States, using the isopleths of annual shallow lake evaporation for the State of Colorado. Applicants claim no credit for effective
precipitation. The Leland Wetland Pond will operate as a recharge pit to mimic groundwater return flows from the historically
irrigated acreage Applicants will dry up. The Wetland Pond will at times store water, but will be unlined and will be used to seep
return flow water into the ground in the same time, location, and amount, as return flows from the historically irrigated acreage.
Applicants have included the surface area of the Leland Wetland Pond, and the open fill ditches for all three ponds, in the augmented
pond and water feature surface area in this case. An evaporation summary for the Upper Irrigation Pond, Middle Irrigation Pond,
Leland Wetland Pond, and Parcel 2 Irrigation Pond is attached as Table 5. Dry year operational analyses (augmentation schedules) are
on file with the Court. The name and address of the owner of the land upon which any new storage structures will be built: Applicants.
Remarks: Applicants will limit their total diversion from the Salvation Ditch at their properties to within the amounts Applicants
historically diverted and the Ditch Company shares they own to ensure there is no expansion of use. Seventh Claim: For
Appropriative Right of Exchange. Name of structure: Leland Exchange. Location: Lower Termini: For the exchange of Green
Mountain Reservoir water: The confluence of the Roaring Fork River and the Colorado River located in the SE¼ of the NW¼ of Sec.
9, T. 6 S., R. 89 W., 6th
P.M., at a point approximately 2,200 feet from the north section line and 2,350 feet from the west section line.
For the exchange of Ruedi Reservoir and/or Troy and Edith Ditch water: The confluence of the Roaring Fork River and the Frying
Pan River located in the SW¼, SE¼, Sec. 7, T.8 S. R.86 W., 6th P.M., 647 feet from the south section line and 1475 feet from the east
section line. For the exchange of Robinson Ditch water: The point of diversion for the Robinson Ditch on the Roaring Fork River,
located in the NW¼, SE¼, Sec. 11, T. 8 S., R.87 W., 6th P.M., 2307 feet from the south section line and 2309 feet from the east
section line. Upper Termini: The points of diversion for the Upper Irrigation Pond, Middle Irrigation Pond, Leland Wetland Pond, and
Parcel 2 Irrigation Pond are described above. Sources: The sources are described above. Date of appropriation: August 1, 2012. How
appropriation was initiated: By field inspection, staking the ponds, and formulation of intent to apply water to beneficial use. Date
water applied to beneficial use: N/A. Rate: 0.01 c.f.s., conditional. Volume: 1 acre-foot, conditional. Plan of operation. The claimed
plan for augmentation includes an appropriative right of exchange of the augmentation water released under Applicant’s Basalt Water
Conservancy District allotment contract, extending from the lower termini described in paragraph 51.A. above to the upper termini
described in paragraph 51B. above. Applicants will operate the exchange when it is in priority. (27 pgs.)
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2015 to file with the Water Clerk a
verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be
granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the
applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5,
CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO
81601.
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 DECEMBER 2014. 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.
14CW3177 GARFIELD COUNTY – COLORADO RIVER. Town of Parachute, c/o Town Administrator, 222 Grand Valley Way,
P.O. Box 100, Parachute, CO 81635, Telephone: 970-285-7630, c/o Peter J. Ampe, Hill & Robbins, P.C. 1660 Lincoln Street, Suite
2720, Denver, CO 80264, 303.296.8100. Name of structures: Grand Valley Pipeline. Locations: The original decreed point of
diversion is on the North bank of the Colorado River at a point whence the North Quarter Corner of Section 7, T7S, R95W of the 6th
P.M. bears N. 40º 35’ W. 583.1 feet. An alternate point of diversion on the northerly bank of the Colorado River in Section 7, T7S,
R95W of the 6th
P.M. at a point whence the West Quarter Corner of said Section 7 bears S. 81º 31’ W. 2226 feet. Additional alternate
points of diversion: at a point located on the North bank of the Colorado River at a point whence the East Quarter Corner of Section 6,
T7S, R95W of the 6th
P.M., bears North 35°00’ East 1,880 feet; at a point located in the channel of the Colorado River whence the
Northwest Corner of Section 7, T7S, R95W of the 6th
P.M., bears North 46°00’ West 3,300 feet; and at a point located in the main
channel of the Colorado River in Section 13, T7S, R96W of the 6th
P.M., as follows: the point of diversion lies within a 100 foot
radius whose center bears North 8°36’ West 861 feet from the Brass Cap Monument marking the Southeast Corner of the Northeast
Quarter of said Section 13, and the East line of said NE1/4 is assumed to bear North 0°00’ East. See Decrees in CA4914, 83CW53
and 80CW391, respectively and general location map attached as Exhibit A. Source: Colorado River. Appropriation Date: June 18,
1956. How appropriation was initiated: Intent, partial completion of original appropriation and filing in CA4914. Date water applied
to beneficial use: Conditional.:29.22 cfs, conditional. If the pending motion in 07CW99 is granted, this application will be withdrawn.
Proposed Uses: Domestic, fire protection, and all municipal purposes within the present or future boundaries of the Town of
Parachute. (5 pgs.)
DECEMBER 2014 RESUME
WATER DIVISION 5 PAGE 39
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2015 to file with the Water Clerk a
verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be
granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the
applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5,
CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO
81601.
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 DECEMBER 2014. 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.
14CW3178 WEST LAKE CREEK, EAGLE RIVER. Pilgrim Downs Homeowners Association, 102 Pilgrim Drive, Edwards, CO
81632, c/o Michael J. Sawyer, Esq. and Jeffrey J. Conklin, Esq., Karp Neu Hanlon, P.C., 201 14th
Street, Suite 200, Glenwood
Springs, CO 81601. Application to Make Conditional Water Rights Absolute and Application for Finding of Reasonable Diligence.
Pilgrim Ranch Pond Nos. 2, 3, 4, 5, 6, 8, 9, 11, 12, 13, 14, 15 and 16. Date of original decree: 9/11/1984, in Case No. 83CW304,
District Court, Water Div. 5. Subsequent decrees awarding findings of diligence: Case No. 88CW272 entered on 2/27/1989, Case No.
95CW032 entered on 1/15/1998, and 06CW277 entered on 12/3/2008. Location (from Case No. 83CW304): The decreed locations
for the Pilgrim Ranch Pond Nos. 2 through 16 are located on Lots 1 through 8 and Lots 12 through 18, respectively, of the Pilgrim
Downs Subdivision, Eagle County, Colorado. This subdivision is generally located in Sections 18 and 19, T5S, R82W, 6th
P.M. All
ponds are located in Section 19, T5S, R82W, 6th
P.M. The locations of as-built ponds that are the subject of this Application: Pilgrim
Ranch Pond No. 3 (Case No. 83CW304): The as built location of the dam for the pond is 2300 feet from the North section line and
1880 feet from the West section line. Pilgrim Ranch Pond No. 4.A. (Case No. 06CW277): There is no dam as Pond 4.A. is an
excavated pond. The as built location of Pond 4.A. is 3080 feet from the North section line and 2300 feet from the West section line.
Pilgrim Ranch Pond No. 4.B. (Case No. 06CW277): There is no dam as Pond 4.B. is an excavated pond. The as built location of
Pond 4.B. is 2990 feet from the North section line and 2330 from the West section line. Pilgrim Ranch Pond No. 5 (Case No.
06CW277): The as built location of the dam for Pond 5 is 3400 feet from the North section line and 2250 feet from the West section
line. Pilgrim Ranch Pond No. 6.A. (Case No. 06CW277): The as built location of the dam for Pond 6.A. is 3881 feet from the North
section line and 1990 feet from the West section line. Pilgrim Ranch Pond No. 6.B. (Case No. 06CW277): The as built location of
the dam for Pond 6.B. is 3825 feet from the North section line and 1570 feet from the West section line. Pilgrim Ranch Pond No. 9:
The as built location of the dam for Pond 9 is 2362 feet from the North section line and 1350 feet from the West section line. Pilgrim
Ranch Pond No. 15: The as built location of the dam for Pond 15 is 3330 feet from the North section line and 800 feet from the West
section line. A water right location map is attached hereto as Exhibit A. Source: West Lake Creek, tributary to the Eagle River. Name
of the ditch or ditches leading to the reservoirs: Casteel Ditch and Casteel Ditch, First Enlargement; West Lake Creek Ditch; and
Smith Pallister Ditch. The decree entered in Case No. 06CW277 states “Neither the Casteel Ditch nor the Casteel Ditch, First
Enlargement are used as a source of water for the Pilgrim Ranch Pond Nos. 3, 4, 5, 6, 7 and 10 and the Applicant hereby abandons the
right to fill said ponds with the Casteel Ditch and the Casteel Ditch, First Enlargement.” Appropriation date: 9/12/1983, for each
pond. Uses: Irrigation, fish and wildlife propagation, recreation and piscatorial. Amount: The amount of water decreed to each of the
Pilgrim Ranch Pond Nos. 2 through 16 is 0.33 acre-feet, conditional, with the right to fill and refill in priority. The decreed status of
the water rights that are the subject of this Application: Pilgrim Ranch Pond No. 2: 0.33 acre-feet, conditional, for all uses. Pilgrim
Ranch Pond No. 3: 0.11 acre-feet, absolute, in Case No. 06CW277, for irrigation of 1 acre on Lot 2, fish and wildlife propagation,
recreation and piscatorial purposes. The amount of 0.22 acre-feet for Pilgrim Ranch Pond No. 3 is conditional for all uses. Pilgrim
Ranch Pond No. 4: Two smaller ponds were constructed for Pond No. 4. Pond 4.A.: 0.07 feet, absolute, in Case No. 06CW277, for
irrigation of 1 acre on Lot 3, fish and wildlife propagation, recreation and piscatorial purposes (together with Pond 4.B.). Pond 4.B.:
0.07 acre-feet, absolute, in Case No. 06CW277, for irrigation of 1 acre on Lot 3, fish and wildlife propagation, recreation and
piscatorial purposes (together with Pond 4.A.). The amount of 0.19 acre-feet for Pilgrim Ranch Pond No. 4 is conditional for all uses.
Pilgrim Ranch Pond No. 5: 0.03 acre-feet, absolute, in Case No. 06CW277, for the irrigation of 1 acre on Lot 4. 0.03 acre-feet for fish
and wildlife propagation, recreation and piscatorial purposes was made absolute in Case No. 95CW32. The amount of 0.30 acre-feet
for Pilgrim Ranch Pond No. 5 is conditional for all uses. Pilgrim Ranch Pond No. 6: Two smaller ponds were constructed for Pond
No. 6: Pond 6.A.: 0.1 acre-feet, absolute, in Case No. 06CW277; for irrigation of 1 acre on Lot 5 (together with Pond 6.B.). In Case
No. 88CW272, 0.33 acre-feet was made absolute for fish and wildlife propagation, recreation and piscatorial purposes. Pond 6.B.: 0.2
acre-feet, absolute, in Case No. 06CW277, for the irrigation of 1 acre on Lot 5 (together with Pond 6.A.). In Case No. 88CW272, 0.33
acre-feet was made absolute for fish and wildlife propagation, recreation and piscatorial purposes. The amount of 0.03 acre-feet for the
Pilgrim Ranch Pond No. 6 is conditional for irrigation purposes. Pilgrim Ranch Pond No. 8: 0.33 acre-feet, conditional, for all uses.
Pilgrim Ranch Pond No. 9: 0.33 acre-feet, conditional, for irrigation purposes. In Case No. 05CW32, 0.33 acre-feet was made
absolute for fish and wildlife propagation, recreation and piscatorial purposes. Pilgrim Ranch Pond No. 11: 0.33 acre-feet,
conditional, for all uses. Pilgrim Ranch Pond No. 12: 0.33 acre-feet, conditional, for all uses. Pilgrim Ranch Pond No. 13: 0.33 acre-
feet, conditional, for all uses. Pilgrim Ranch Pond No. 14: 0.33 acre-feet, conditional, for all uses. Pilgrim Ranch Pond No. 15: In
DECEMBER 2014 RESUME
WATER DIVISION 5 PAGE 40
Case No. 95CW32, 0.33 acre-feet was made absolute for fish and wildlife propagation, recreation and piscatorial purposes, and 0.33
acre-feet, conditional, for irrigation purposes. Pilgrim Ranch Pond No. 16: 0.33 acre-feet, conditional, for all uses. Claim to Make
Conditional Water Rights Absolute: Pilgrim Ranch Pond No. 9: Date water applied to beneficial use: October 31, 2014. Amount: 0.33
acre-feet absolute. Use: Irrigation for 1 acre on Lot 8, Filing 5, Pilgrim Downs Subdivision. Pilgrim Ranch Pond No. 15: Date water
applied to beneficial use: October 31, 2014. Amount: 0.33 acre-feet, absolute. Use: Irrigation of 1 acre on Lot 17, Pilgrim Downs
Subdivision. Claim for Finding of Reasonable Diligence: A detailed description of the work performed and the expenditures made
toward the development of the remaining conditional portions of the Pilgrim Ranch Pond Nos. 2 through 16 during the diligence is
attached as Exhibit B. Names and addresses of owners of land upon which structures are located: Pilgrim Ranch Pond No. 2: First
Citizens Bank & Trust Co. 700 17th
Street, Suite 500, Denver, CO 80202-3527. Pilgrim Ranch Pond No. 3: Traylor 2012 Family
Trust, 600 Jefferson Street, Suite 300, Houston, TX 77002-7377. Pilgrim Ranch Pond No. 4: Berman Living Trust, Michael Berman
Trustee, 5621 N. 78th
Way, Scottsdale, AZ 85250-6523. Pilgrim Ranch Pond No. 5: LND Family Realty LP, 3424 Ella Lee Lane,
Houston, TX 77027-4141. Pilgrim Ranch Pond No. 6: David W. Bullock, Jennifer L. Bullock, 387 Pilgrim Drive, Edwards, CO
81632-8003. Pilgrim Ranch Pond No. 8: 477 Pilgrim LLC, PO Box 2882, Edwards, CO 81632-2882. Pilgrim Ranch Pond No. 9:
Sanford M. Treat Jr. Trust, P.O. Box 1020, Edwards, CO 81632-1020. Pilgrim Ranch Pond No. 11: Martin C. Tacon, Lesley Ann
Murray, 167 The Portofina Pak To Avenue, Clearwater Bay, Kowloon, Hong King. Pilgrim Ranch Pond No. 12: New Pilgrim Corp.,
c/o Apex Fund Services LTD, Amy Durham, P.O. Box 2460 HMJX, Hamilton HM12, Bermuda. Pilgrim Ranch Pond No. 13: 1255
Pilgrim Drive Trust, 3038 N. Kenmore Avenue #1N, Chicago, IL 60657-4316. Pilgrim Ranch Pond No. 14: Dennis M. Mathisen,
Gail K. Mathisen, 8096 Excelsior Blvd., Hopkins, MN 55343-3415. Pilgrim Ranch Pond No. 15: Patricia H. Carlson, 575 Pilgrim
Drive, Edwards, CO 81632-8008. Pilgrim Ranch Pond No. 16: Jon M. Werthen, Theda J. Werthen, 415 E. Houston Street, Broken
Arrow, OK 74012-4303. Integrated Water System. In Case No. 95CW32 the Court found that the Pilgrim Ranch Pond Nos. 2
through 16 water rights are part of the unified water supply system for the Pilgrim Downs Subdivision. All Exhibits are on file with
the Water Court. (12 pgs.)
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2015 to file with the Water Clerk a
verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be
granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the
applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5,
CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO
81601.
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 DECEMBER 2014. 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.
14CW3179 PITKIN, EAGLE, GRAND, AND GARFIELD COUNTIES, COLORADO. Application for Approval of Plan for
Augmentation Including Appropriative Rights of Exchange. Name, mailing address, email address, and telephone number of the
Applicant: Maroon Creek Limited Liability Company, c/o Andrew Hecht, 10 Club Circle, Aspen, CO 81611,
[email protected], (970) 925-1936. Please direct all pleadings and correspondence in this case to the Applicant’s attorneys:
Garfield & Hecht, P.C., 420 7th
Street, Suite 100, Glenwood Springs, CO 81601. Names of structures to be augmented: Maroon Creek
Development Corporation Reservoir Nos. 1-4. Maroon Creek Development Corporation Reservoir No. 1. Decree Information:
Original decree: Case No. 89CW282, District Court, Water Division No. 5. Subsequent decree making absolute: 99CW284, District
Court, Water Division No. 5. Legal description: The dam outlet is located in the NW1/4 NW1/4 of Section 11, Township 10 South,
Range 85 West of the 6th
P.M. at a point 1040 feet south of the North section line and 620 feet east of the West section line of said
Section 11. Appropriation date: December 22, 1989. Amount: 6.5 acre-feet, absolute. Sources of water: Willow Creek, tributary to
Maroon Creek, tributary to the Roaring Fork River, tributary to the Colorado River, for water diverted through the Willow Creek
Ditch to the reservoir; Maroon Creek, tributary to the Roaring Fork River, tributary to the Colorado River, for water diverted through
the Herrick Ditch and into the Willow Creek Ditch and then to the reservoir; Unnamed tributaries of Maroon Creek and the Roaring
Fork River for local runoff captured by the reservoir; Maroon Creek and Willow Creek for return flow from irrigation water diverted
by the Herrick and Willow Creek Ditches. Decreed uses: irrigation, recreation, and fish and wildlife. Maroon Creek Development
Corporation Reservoir No. 2. Decree Information: Original decree: Case No. 89CW282, District Court, Water Division No. 5.
Subsequent decree making absolute: 99CW284, District Court, Water Division No. 5. Legal description: The dam outlet is located in
the NW1/4 NW1/4 of Section 11 and the SW1/4 SW1/4 of Section 2, Township 10 South, Range 85 West of the 6th
P.M. at a point 50
feet north of the South section line and 540 feet east of the West section line of Section 2. Appropriation date: December 22, 1989.
Amount: 2.7 acre-feet, absolute. Sources of water: Willow Creek, tributary to Maroon Creek, tributary to the Roaring Fork River,
tributary to the Colorado River, for water diverted through the Willow Creek Ditch to the reservoir; Maroon Creek, tributary to the
Roaring Fork River, tributary to the Colorado River, for water diverted through the Herrick Ditch and into the Willow Creek Ditch
and then to the reservoir; Unnamed tributaries of Maroon Creek and the Roaring Fork River for local runoff captured by the reservoir;
Maroon Creek and Willow Creek for return flow from irrigation water diverted by the Herrick and Willow Creek Ditches. Decreed
DECEMBER 2014 RESUME
WATER DIVISION 5 PAGE 41
uses: irrigation, recreation, and fish and wildlife. Maroon Creek Development Corporation Reservoir No. 3. Decree Information:
Original decree: Case No. 89CW282, District Court, Water Division No. 5. Subsequent decree making absolute: 99CW284, District
Court, Water Division No. 5. Legal description: The dam outlet is located in the SW1/4 SW1/4 and the SE1/4 SW1/4 of Section 2,
Township 10 South, Range 85 West of the 6th
P.M. at a point 640 feet north of the South section line and 1410 feet east of the West
section line of Section 2. Appropriation date: December 22, 1989. Amount: 7.8 acre-feet, absolute. Sources of water: Willow Creek,
tributary to Maroon Creek, tributary to the Roaring Fork River, tributary to the Colorado River, for water diverted through the Willow
Creek Ditch to the reservoir; Maroon Creek, tributary to the Roaring Fork River, tributary to the Colorado River, for water diverted
through the Herrick Ditch and into the Willow Creek Ditch and then to the reservoir; Unnamed tributaries of Maroon Creek and the
Roaring Fork River for local runoff captured by the reservoir; Maroon Creek and Willow Creek for return flow from irrigation water
diverted by the Herrick and Willow Creek Ditches. Decreed uses: irrigation, recreation, and fish and wildlife. Maroon Creek
Development Corporation Reservoir No. 4. Decree Information: Original decree: Case No. 89CW282, District Court, Water Division
No. 5. Subsequent decree making absolute: 99CW284, District Court, Water Division No. 5. Legal description: The dam outlet is
located in the SE1/4 SW1/4 of Section 2, Township 10 South, Range 85 West of the 6th
P.M. at a point 450 feet north of the South
section line and 1810 feet east of the West section line of Section 2. Appropriation date: December 22, 1989. Amount: 10.4 acre-feet,
absolute. Sources of water: Willow Creek, tributary to Maroon Creek, tributary to the Roaring Fork River, tributary to the Colorado
River, for water diverted through the Willow Creek Ditch to the reservoir; Maroon Creek, tributary to the Roaring Fork River,
tributary to the Colorado River, for water diverted through the Herrick Ditch and into the Willow Creek Ditch and then to the
reservoir; Unnamed tributaries of Maroon Creek and the Roaring Fork River for local runoff captured by the reservoir; Maroon Creek
and Willow Creek for return flow from irrigation water diverted by the Herrick and Willow Creek Ditches. Decreed uses: irrigation,
recreation, and fish and wildlife. Water rights to be used for augmentation: Stapleton Brothers’ Ditch. Applicant acquired 12 acre-feet
of historical consumptive use (HCU) credits in the Stapleton Brothers’ Ditch, which is a portion of the HCU credits quantified and
decreed for augmentation use in Case No. 99CW306, Water Division No. 5, and the pro rata diversion rate of 0.436 c.f.s. Applicant’s
12 acre-feet of HCU credits are associated with the dry-up of 7.42 acres of land historically irrigated by the Stapleton Brothers’ Ditch.
As stated in the decree, the quantification of HCU credits in Case No. 99CW306 shall be res judicata as to conditions existing prior to
entry of the decree. Original and relevant subsequent decrees: Original decree entered on October 16, 1933 in Case No. CA 3000,
Pitkin County District Court. In Case No. 99CW306, District Court, Water Division No. 5, the Court decreed a change of water right
for the Stapleton Brothers’ Ditch to consumptive use credits for augmentation use, adjudicating a total of 220 acre-feet per year of
consumptive use credits for the water right. Type of water right: surface / consumptive use credits. Legal description: The point of
diversion is located on the West Bank of Maroon Creek at a point whence the North 1/4 corner of Section 11, Township 10 South,
Range 85 West of the 6th
P.M., bears North 11°40’ East a distance of 8,049.6 feet. See water right location map attached hereto as
Exhibit A and incorporated herein by reference. Source of water: Maroon Creek, tributary to the Roaring Fork River, tributary to the
Colorado River. Appropriation date: June 30, 1904. Amount decreed: 8.0 c.f.s., absolute; 220 acre-feet per year of consumptive use
credits. Amount to be used in this Plan for Augmentation: 12 acre-feet per year of consumptive use credits and 0.436 c.f.s. pro rata
direct flow right. Decreed uses: Irrigation, augmentation. Colorado River Water Conservation District supplies. Applicant has
obtained Water Supply Contract No. CW13004 from the Colorado River Water Conservation District (the “River District”) for 12.9
acre-feet of annual contract water to augment evaporative losses from the Maroon Creek Development Corporation Reservoir Nos. 1-
4. Pursuant to the Contract, the River District will provide releases of augmentation water from the sources of supply described
below. References below to the “Water Court” mean the District Court in and for Colorado’s Water Division No. 5 as said Division is
defined in C.R.S. § 37-92-201(1)(e). Colorado River Supply Sources. A. Wolford Mountain Reservoir. The River District owns and
operates Wolford Mountain Reservoir (f/k/a Gunsight Pass Reservoir) which has the following water rights. Case No. 87CW283:
Decree Date: November 20, 1989. 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. Source: Muddy Creek and its tributaries. 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. Appropriation Date: December 14, 1987. Use: All beneficial uses, including but not limited to domestic, municipal,
agricultural and recreational uses, which uses satisfy the requirements of the Windy Gap Settlement made with the Municipal
Subdistrict of the Northern Colorado Water Conservancy District; use to meet the water requirements of the inhabitants of the River
District for all uses, including uses in the Middle Park area; and use to meet the terms of a lease agreement executed March 3, 1987
between the River District and the City and County of Denver. Case No. 95CW281: Decree Date: August 26, 1997. 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. Source: Muddy Creek and its tributaries. Amount: 6,000 acre feet
conditional. Appropriation Date: January 16, 1995. Use: All beneficial uses by and for the benefit of the inhabitants of the Colorado
River Water Conservation District, including but not limited to domestic, municipal, industrial, irrigation, agricultural, piscatorial and
recreational; such uses will include environmental mitigation, including environmental mitigation requirements associated with the
DECEMBER 2014 RESUME
WATER DIVISION 5 PAGE 42
Wolford Mountain Project; such uses will be made directly or by substitution, augmentation, or exchange. None of the water stored in
the exercise of the right will be delivered directly or by exchange, substitution, or otherwise for use outside of Colorado Water
Division No. 5. Case No. 98CW237: Decree Date: July 6, 2000. Legal Description of place of storage: Same as for 95CW281. Source:
Muddy Creek and its tributaries. Amount: 30,000 acre feet conditional with 15,895 acre feet being absolute for recreational and
piscatorial and flood control. Appropriation Date: November 17, 1998. Use: Certain of the beneficial uses previously adjudicated for
Wolford Mountain Reservoir in Case No. 87CW283, District Court for Colorado Water Division No. 5 (November 20, 1989 Judgment
and Decree), and Case No. 95CW281, District Court for Colorado Water Division No. 5 (August 26, 1997 Judgment and Decree).
87CW283: The reservoir will be used to satisfy the requirements of the Windy Gap Settlement made with the Municipal Subdistrict of
the Northern Colorado Water Conservancy District. This will involve all uses, including but not limited to domestic, municipal,
agricultural, and recreational uses. The reservoir will also be used to meet the water requirements of the inhabitants of the River
District for all uses, including uses in the Middle Park area. 95CW281: All beneficial uses by and for the benefit of the inhabitants of
the Colorado River Water Conservation District, including but not limited to domestic, municipal, industrial, irrigation, agricultural,
piscatorial and recreational; such uses will include environmental mitigation, including environmental mitigation requirements
associated with the Wolford Mountain Reservoir Project; such uses will be made directly or by substitution, augmentation, or
exchange. Remarks: The Refill Right described herein will be exercised to provide supply for the Western Slope uses of water from
Wolford Mountain Reservoir described above, including flood control, other operational purposes, and environmental mitigation and
enhancement for the benefit of uses within the District. The Refill Right will not be used in conjunction with the Reservoir capacity
(24,000 a.f.) which is allocated for the supply of water to the Denver Board of Water Commissioners under Applicant's contractual
relationship with Denver, or the Reservoir capacity (6,000 AF) which is allocated for Colorado River endangered fish releases. B.
Ruedi Reservoir. The River District holds Contracts No. 009D6C0111, 009D6C0118, 039F6C0011, and 078D6C0106 from the United
States Bureau of Reclamation for 6,730 acre feet of annual supply from Ruedi Reservoir and may obtain additional contracts in the
future. This water will be used in addition to and substitution for Wolford Mountain Reservoir water in appropriate circumstances
where Ruedi water is physically equivalent to Wolford water. Legal description of place of storage: Ruedi Reservoir is located in
Sections 7, 8, 9, 11 and 14 through 18, T. 8 S., R. 84 W., 6th P.M., in Eagle and Pitkin Counties. The dam axis intersects the right
abutment at a point whence the SW corner of Section 7, T. 8 S., R. 84 W. of the 6th P.M. bears N. 82°10'W. a distance of 1,285 feet.
Source: Fryingpan River. Previous storage decrees: Civil Action No. 4613: Decree Date: June 20, 1958. Court: Garfield County
District Court. 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. Appropriation Date: July 29, 1957. Use: Domestic, municipal, irrigation,
industrial, generation of electrical energy, stock watering and piscatorial. Case No. 81CW34: Decree Date: April 8, 1985. Court:
District Court, Water Div. No. 5. 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. Appropriation Date:
Jan. 22, 1981. Use: Irrigation, domestic, municipal, generation of electrical energy, stock watering, industrial, piscatorial, recreation
and maintenance of sufficient storage reserves to fulfill contractual obligations and provide stored water for recreation in times of
drought. Statement of plan for augmentation: Nature and Purpose of Plan. Applicant owns water rights for the Maroon Creek
Development Corporation Reservoir Nos. 1-4, which are located on and used for golf course operations at the Maroon Creek Club golf
course. See the Ponds Location Map attached hereto as Exhibit B and incorporated herein by reference. The purpose of the plan for
augmentation is to augment out-of-priority evaporative depletions from the Maroon Creek Development Corporation Reservoir Nos.
1-4 so that the reservoirs may remain full throughout the golfing season. Out-of-priority evaporation from the reservoirs will be
augmented using Applicant’s interest in the Stapleton Brothers’ Ditch, described in Paragraph 3.A above, and using contract storage
water from the Colorado River Water Conservation District, described in Paragraph 3.B above. This plan will augment for a local call
on Maroon Creek and for a downstream call on the Roaring Fork River or Colorado River. Estimated Water Depletions. Depletions to
be augmented under this plan consist solely of evaporation from the Maroon Creek Development Corporation Reservoir Nos. 1-4.
The reservoirs have a combined surface area of 5.9 acres. Total evaporation losses for Applicant’s 5.9 acres of pond surface area are
estimated to be 16.59 acre-feet per year, calculated using the SEO method outlined in the General Guidelines for Substitute Water
Supply Plans for Sand and Gravel Pits and SEO Policy 2004-3. The annual gross free water surface evaporation is 38.5 inches based
on NOAA Technical Report NWS 33. Effective precipitation is zero and ice cover occurs mid-November through mid-March. The
evaporation rate and schedule of monthly depletions are shown on Table 1 attached hereto and incorporated herein by reference.
Augmentation Requirements. The lower Colorado River, the Roaring Fork River, and Maroon Creek are subject to water right calls or
potential future calls periodically during the year. The Applicant will augment out-of-priority evaporative depletions from the Maroon
Creek Development Corporation Reservoir Nos. 1-4 using Applicant’s River District contract water and Stapleton Brothers’ Ditch
HCU credits, including bypass of historical diversions from the Stapleton Brothers’ Ditch, based on the water right call location. Local
Call – Maroon Creek. Applicant will rely on bypass of historical diversions from its interest in the Stapleton Brothers’ Ditch to
augment a local call on Maroon Creek. The Stapleton Brothers’ Ditch diverts water from Maroon Creek, but return flows from
historical irrigation accrued downstream on the Roaring Fork River. Only a minimal amount of ditch seepage (approximately 5
percent of diversions) returned to Maroon Creek, resulting in 95 percent of Stapleton Brothers’ Ditch diversions being fully
consumptive as to Maroon Creek. Using the diversion amount associated with its 12 acre-feet of consumptive use credits, minus 5
percent for historical ditch seepage, Applicant has a local augmentation credit in the amount of 86.77 acre-feet per year, as detailed on
the schedule set forth on Table 2, attached hereto and incorporated herein by reference. According to the depletion schedule on Table
DECEMBER 2014 RESUME
WATER DIVISION 5 PAGE 43
2, up to 14.3 acre-feet of augmentation water would be needed to offset depletions to Maroon Creek during May through October.
Historically, a local call has not occurred on Maroon Creek, and Applicant’s consultants anticipate a potential future call would be
limited to August through October. Although Applicant only anticipates the potential for a local call from August through October, if
a call occurs during May through October, the bypass of historical diversions is more than sufficient to offset evaporative depletions
from the Maroon Creek Development Corporation Reservoir Nos. 1-4, as shown on Table 2. Roaring Fork River Call. There has never
been a call placed on the Roaring Fork River between Maroon Creek and the Colorado River. However, if a future senior call i s
placed on the Roaring Fork River between Maroon Creek and the Fryingpan River, Applicant will use its 12 acre-feet of HCU credits
to augment such a call. In the event that Applicant’s HCU credits are insufficient to fully offset evaporative depletions from the
Maroon Creek Development Corporation Reservoir Nos. 1-4, the reservoir levels will be allowed to drop commensurate with such
evaporation. Table 2 shows operation of the augmentation plan assuming a Roaring Fork River call upstream of the Fryingpan River
from August through October. Downstream Call. Applicant estimates that 11.65 acre-feet of its depletions could occur during times of
a downstream “Cameo” call on the Colorado River. Applicant will augment such out-of-priority depletions using its Stapleton
Brothers’ Ditch consumptive use credits, supplemented by Applicant’s contract with the River District for the augmentation storage
water identified in paragraph 3.B above. Applicant’s schedule of augmentation requirements for a downstream “Cameo” call is set
forth in Table 3, attached hereto and incorporated herein by reference. As shown by the schedule, during the months of April, August,
September, October and November, Applicant’s Stapleton Brothers’ Ditch credits are not sufficient to fully augment evaporation
losses against a “Cameo” call. Applicant will rely on its River District contract to provide supplemental augmentation supply at those
times. Including ten percent (10%) for transit losses associated with the delivery of reservoir storage water, the Applicant’s total
contract water purchase obligation under the plan for augmentation is 2.41 acre-feet per year. Accordingly, upon entry of a decree,
Applicant may reduce its current River District contract water allotment to an amount no less than 2.5 acre-feet per year. Claims for
Appropriative Rights of Exchange: Description of Storage Water Exchange: At times when a valid senior call against the Maroon
Creek Development Corporation Reservoir Nos. 1-4 originates downstream of the confluence of the Fryingpan and Roaring Fork
Rivers, water may be released from Ruedi Reservoir or Wolford Mountain Reservoir under Applicant’s Colorado River Water
Conservation District Water Supply Contract to satisfy the call. During such times, Applicant claims an appropriative right of
exchange associated with water released under Applicant’s Water Supply Contract. Location: The affected stream reaches of the
exchange include the Roaring Fork River from the confluence with the Colorado River or the Fryingpan River (downstream termini)
and Maroon Creek and/or Willow Creek up to the points of diversion of the Herrick Ditch and Willow Creek Ditch (upstream
termini). See the Exchange Reach Location Map attached hereto as Exhibit C and incorporated herein by reference. Downstream
termini: Confluence of the Roaring Fork and Colorado Rivers: located in the SE¼ of the NW¼ of Section 9, Township 6 South, Range
89 West of the 6th
P.M., at a point 2200 feet from the north section line and 2350 feet from the west section line. Confluence of the
Roaring Fork and Fryingpan Rivers: located in the SW¼ of the SE¼ of Section 7, Township 8 South, Range 86 West of the 6th
P.M. at
a point 750 feet from the south section line, and 1440 feet from the east section line. Upstream termini: The Herrick Ditch point of
diversion: located in the NW¼ of the NW¼ of Section 33, Township 10 South, Range 85 West of the 6th
P.M., at a point 1000 feet
from the north section line and 230 feet from the west section line of said Section 33, Pitkin County, Colorado. Legal: PLSS based on
BLM Section Lines. NAD 83 UTM Coordinates: Easting-336270 Northing-4334312. The Willow Creek Ditch point of diversion:
located in the SW¼ of the NE¼ of Section 21, Township 10 South, Range 85 West of the 6th
P.M., at a point 2240 feet from the north
section line and 1690 feet from the east section line of said Section 21, Pitkin County, Colorado. Legal: PLSS based on BLM Section
Lines. NAD 83 UTM Coordinates: Easting-337293 Northing-4337116. Date of Appropriation: June 24, 2013. How appropriation was
initiated: Completion of Water Supply Contract with the Colorado River Water Conservation District for augmentation supply and
formation of intent to appropriate water for the exchange. Rate of Exchange: 0.05 c.f.s. Uses: Recreation and fish and wildlife.
Remarks: The exchange will operate in accordance with the plan for augmentation described in Paragraph 4, above. Description of
Stapleton Brothers’ Ditch Exchange: At times when a valid senior call against the Maroon Creek Development Corporation Reservoir
Nos. 1-4 originates downstream of the Stapleton Brothers’ Ditch headgate, water will be bypassed at or diverted and returned from the
Stapleton Brothers’ Ditch headgate to satisfy the call. Applicant claims an appropriative right of exchange on Maroon Creek
associated with such augmentation releases. Location: The affected stream reaches of the exchange includes Maroon Creek from the
Stapleton Brothers Ditch headgate (downstream terminus) and/or Willow Creek up to the points of diversion of the Herrick Ditch and
Willow Creek Ditch (upstream termini). See the Exchange Reach Location Map attached as Exhibit C. Downstream terminus:
Stapleton Brothers’ Ditch headgate, located in the NE¼ of the NW¼, Section 14, Township 10 South, Range 85 West, 6 P.M., at a
point 990 feet from the north section line and 1330 feet from the west section line of said Section 14, Pitkin County, Colorado. Legal:
PLSS based on BLM Section Lines. NAD 83 UTM Coordinates: Easting-339841 Northing-4339097. Upstream termini: The Herrick
Ditch point of diversion: located in the NW¼ of the NW¼, Section 33, Township 10 South, Range 85 West, 6 P.M., at a point 1000
feet from the north section line and 230 feet from the west section line of said Section 33, Pitkin County, Colorado. Legal: PLSS based
on BLM Section Lines. NAD 83 UTM Coordinates: Easting-336270 Northing-4334312. The Willow Creek Ditch point of diversion:
located in the SW ¼ of the NE ¼, Section 21, Township 10 South, Range 85 West, 6 P.M., at a point 2240 feet from the north section
line and 1690 feet from the east section line of said Section 21, Pitkin County, Colorado. Legal: PLSS based on BLM Section Lines.
NAD 83 UTM Coordinates: Easting-337293 Northing-4337116. Date of Appropriation: October 28, 2014. How appropriation was
initiated: Purchase of Stapleton Brothers’ Ditch consumptive use credits for augmentation supply and formation of intent to
appropriate water for the exchange. Rate of Exchange: 0.05 c.f.s. Uses: Recreation and fish and wildlife. Remarks: The exchange
DECEMBER 2014 RESUME
WATER DIVISION 5 PAGE 44
will operate in accordance with the plan for augmentation described in Paragraph 4, above. Names and addresses of owners of the land
upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be
constructed or upon which water is or will be stored, including any modification to the existing storage pool: Stapleton Brothers’
Ditch headgate: Pitkin County, 530 East Main Street, #302, Aspen, CO 81611. Wolford Mountain Reservoir: Colorado River Water
Conservation District, P.O. Box 1120, Glenwood Springs, CO 81602. Ruedi Reservoir: U.S. Bureau of Reclamation, Eastern Colorado
Area Office, 11056 West County Road 18E, Loveland, CO 80537. Wherefore, the Applicant requests the Court to issue a decree
approving the plan for augmentation including appropriative rights of exchange requested herein. (40 pgs.)
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2015 to file with the Water Clerk a
verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be
granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the
applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5,
CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO
81601.
37. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES
COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER
CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2014. 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.
14CW3094 EAGLE COUNTY. EAGLE RIVER. Town of Gypsum, c/o Patrick, Miller, Kropf & Noto, P.C., Ramsey L. Kropf, Esq.
and Jason M. Groves, Esq., 197 Prospector Road, Suite 2104A, Aspen, CO 81601. (970) 920-1028. AMENDED COMBINED
APPLICATION. Applicant, through its attorneys, filed the original Combined Application in this case on July 31, 2014. Applicant
amends the original Combined Application by adding the following Fourth Claim for a Change of Water Right. All other claims in the
original Combined Application will remain unchanged. Fourth Claim: For Change of Water Right. Decreed water right for which
change is sought: Name of structure: Gypsum Well No. 2. Type: Well. Date of original decree: January 10, 1983. Case No.:
81CW473, Water Division 5. Decreed legal description: Tract 67, Section 5, Township 5 South, Range 85 West of the 6th
P.M. at a
point whence Angle Point No. 2 of said Tract 67 bears North 46°05’ West 710 feet in Eagle County, which correlates to the NE ¼,
NW ¼ of Section 5, 750 feet from the north section line and 1,330 from the west section line. Source: Groundwater tributary to the
Eagle River, tributary to the Colorado River. Appropriation date: December 15, 1981. Amount: 0.777 c.f.s. total decreed; 0.498 c.f.s.,
conditional (of the 0.777 c.f.s. total); 0.279 c.f.s. of the total 0.777 c.f.s. was decreed absolute to Gypsum Well No. 2 for all decreed
purposes in Case No. 99CW48, Water Division 5. Uses: Domestic, municipal, industrial, commercial, and fire protection purposes.
Detailed description of proposed changes: Applicant requests a change in the decreed location of Gypsum Well No. 2 for the entire
amount and for all uses originally decreed. The Gypsum Well No. 2 will be changed to a location on property owned by the Applicant,
which was the Applicant’s original intent. A map of the proposed Gypsum Well No. 2 location is on file with the Court. The changed
location for Gypsum Well No. 2 is legally described as: SE ¼, NW ¼ of Section 5, Township 5 South, Range 85 West of the 6th
P.M.,
1,640 feet from the west section line and 2,350 feet from the north section line in Eagle County. Amount: Applicant proposes to
change the entire 0.777 c.f.s. (0.498 c.f.s, conditional plus 0.279 c.f.s., absolute) originally decreed to the new location. However, to
the extent the Applicant uses water from decreed alternate points of diversion, those uses will stay the same. Uses: Domestic,
municipal, industrial, commercial, and fire protection purposes. Applicant owns the property where the Gypsum Well No. 2 and/or its
alternate points will be located. The Gypsum Well No. 2 water right will be beneficially used within the service area of the Town of
Gypsum, as the same may change from time to time. Currently, the decreed location for the undrilled Gypsum Well No. 2 is described
on property that may be owned by the following entities: Corda Family Trust Riverview LLC, whose address is 1310 E. Treasure
Cove Drive, Gilbert, AZ 85234; American Gypsum Co., whose address is c/o Rod Cummickel, 3811 Turtle Creek Blvd., Ste. 1100,
Dallas, TX 75219. However, once this change is decreed, the location will be on land owned by the Applicant.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2015 to file with the Water Clerk a
verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be
granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the
applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5,
CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO
81601.
38. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES
COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER
CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2014. 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.
14CW3142 APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND A DETERMINATION THAT
CONDITIONAL WATER RIGHTS HAVE BEEN MADE ABSOLUTE CONCERNING THE APPLICATION FOR WATER
DECEMBER 2014 RESUME
WATER DIVISION 5 PAGE 45
RIGHTS OF THE CALHOUN RANCH LTD IN EAGLE COUNTY. The Calhoun Ranch, Ltd. (Applicant) by and through
undersigned counsel, hereby submits this Application for Finding of Reasonable Diligence and a Determination that Conditional
Water Rights Have Been Made Absolute (Application) pursuant to C.R.S. § 37-92-301(4). 1. Name, Address and Telephone Number
of Applicant The Calhoun Ranch, Ltd. c/o Larry Calhoun, President P.O. Box 1854 Edwards, CO 81632 Tel: 970-926-3318 Please
direct all correspondence or inquiries regarding this matter to the attorneys for the Applicant: Olivia D. Lucas, Esq. Faegre Baker
Daniels LLP 3200 Wells Fargo Center 1700 Lincoln Street Denver, Colorado 80203 Telephone: (303) 607-3500 2. Name of
Structures. Calhoun- Buddy’s Well, Calhoun-Gary’s Well, Calhoun Cabin Well Nos. 1-3, Bert Hyde Ditch Pond Fill Right, Calhoun
Buddy’s Pond and Calhoun B&B Pond. These structures comprise an integrated water system used to supply water to a guest ranch
development on Applicant’s property. 3. Description of Conditional Water Rights. 3.1 Calhoun- Buddy’s Well 3.1.1 Location.
Located in the Northeast ¼ of the Southeast ¼ of Section 6, Township 5 South, Range 82 West of the 6th P.M., at a point 1,710 feet
from the South Section line and 660 feet from the East Section line of said Section 6. Calhoun-Buddy’s well is within 100 feet of
Lake Creek. 3.1.2 Source. Ground water tributary to Lake Creek. 3.1.3 Appropriation Date. January 27, 1999. 3.1.4 Well Permit. Well
permit no. 67188-F. 3.1.5 Decreed Amount. 0.033cfs (15gpm) conditional. 3.1.6 Uses. Domestic and commercial for in-house uses for
a large residence, which may also be used as a bed and breakfast inn, with a projected capacity of 8 persons. The annual appropriation
from the well for these purposes is estimated at 0.75 acre-feet. Because Calhoun-Gary’s Well is within 100 feet of Lake Creek, no
delayed impacts will result from the diversions, and the right can be administered as a surface right. 3.2 Calhoun – Gary’s Well 3.2.1
Location. Located in the Northeast ¼ of the Southeast ¼ of Section 6, Township 5 South, Range 82 West of the 6th P.M. at a point
2,150 feet from the South Section line and 500 feet from the East Section line of said Section 6. Calhoun-Gary’s Well is within 100
feet of Lake Creek. 3.2.2 Source. Ground water tributary to Lake Creek. 3.2.3 Appropriation Date. June 1, 1989. 3.2.4 Well Permit.
Well Permit No. 67300-F. 3.2.5 Decreed Amount. 0.033 cfs (15 gpm) conditional. 3.2.6 Uses. Domestic in a single-family home. The
annual estimated appropriation of the well for such purposes is 0.60 acre-feet. Because Calhoun-Gary’s Well is within 100 feet of
Lake Creek, no delayed impacts will result from the diversions, and the right can be administered as a surface right. 3.3 Calhoun
Cabin Well Nos. 1-3 (unconstructed) 3.1 Location. Calhoun Cabin Well Nos. 1-3 are each within 100 feet of Lake Creek. 3.3.1.1
Calhoun Cabin Well No. 1 is located in the Northeast ¼ of the Southeast ¼ of Section 6, Township 5 South, Range 82 West of the 6th
P.M. at a point 1,820 feet from the South Section line and 850 feet from the East Section line of said Section 6. 3. 3.1.2 Calhoun Cabin
Well No. 2 is located in the Northeast ¼ of the Southeast ¼ of Section 6, Township 5 South, Range 82 West of the 6th P.M. at a point
1,830 feet from the South Section line and 730 feet from the East Section line of said Section 6. 3.3.1.3 Calhoun Cabin Well No. 3 is
located in the Northeast ¼ of the Southeast ¼ of Section 6, Township 5 South, Range 82 West of the 6th P.M. at a point 2,350 feet
from the South Section line and 640 feet from the East Section line of said Section 6. 3.3.2 Source. Groundwater tributary to Lake
Creek. 3.3.3 Appropriation Date. January 27, 1999. 3.3.4 Decreed Amount. 0.099 cfs (45 gpm) conditional, combined diversion from
any one or combination of the Calhoun Cabin Wells No. 1 through 3. 3.3.5 Uses. Domestic and commercial in-house uses. Because
Calhoun Cabin Well Nos. 1-3 are each within 100 feet of Lake Creek, no delayed impacts will result from the diversions, and the right
can be administered as a surface right. 3.4 Bert Hyde Ditch Pond Fill Right. 3.4.1 Location. The headgate for this diversion is located
on the right bank of Lake Creek at a point whence the N.E. corner of Section 7, Township 5 South, Range 82 West of the 6th P.M.
bears North 76º35'00 East, 859.39 feet. 3.4.2 Source. Lake Creek, tributary of Eagle River, tributary of Colorado River. 3.4.3
Appropriation Date. January 1, 1999. 3.4.4 Decreed Amount. 0.5 cfs, conditional. 3.4.5 Uses. To fill and re-fill Calhoun-Buddy’s
Pond, as conditionally decreed in 99CW323 and 2007CW17 and as described in paragraph 3.5 below. To fill and re-fill Calhoun B&B
Pond, as conditionally decreed in 99CW323 and 2007CW17 and described in paragraph 3.6 below. 3.5 Calhoun Buddy’s Pond 3.5.1
Location. An off-channel pond located in the Northeast ¼ of the Southeast ¼ of Section 6, Township 5 South, Range 82 West of the
6th P.M. at a point 1,640 feet from the South Section line and 670 feet from the East Section line of said Section 6. 3.5.2 Source.
Local waste and seeps, and surface runoff; diversions from Lake Creek under the Bert Hyde Ditch Pond Fill Right and historic
consumptive use credits associated with the Bert Hyde Ditch. 3.5.3 Appropriation Date. May 1, 1992. 3.5.4 Decreed Amount. 0.5
acre-feet absolute for stockwater, aesthetic and piscatorial purposes; conditional for augmentation purposes. 3.5.5 Uses. Absolute uses:
stockwatering, aesthetic and piscatorial. Conditional use: Augmentation purposes. 3.6 Calhoun B&B Pond (unconstructed) 3.6.1
Location. An off-channel pond located in the Northeast ¼ of the Southeast ¼ of Section 6, Township 5 South, Range 82 West of the
6th P.M. at a point 1,690 feet from the South Section line and 520 from the East Section line of said Section 6. 3.6.2 Source. Lake
Creek. 3.6.3 Appropriation Date. January 27, 1999. 3.6.4 Decreed Amount. 0.30 acre-feet, conditional. 3.6.5 Uses. Aesthetic,
piscatorial, and wildlife. 4. Amount of Conditional Water Rights Made Absolute 4.1 Calhoun- Buddy’s Well. The water meter
installed in 2008 demonstrates that the full decreed amount was put to beneficial use as of October 30, 2014. The water was put to the
decreed domestic and commercial in-house uses. 4.2 Calhoun-Gary’s Well. The water meter installed in 2008 demonstrates that the
full decreed amount was put to beneficial use as of October 30, 2014. The water was put to the decreed domestic use. 5. Additional
Diligence. 5.1 The structures described in this Application comprise an integrated water system used to supply water to a guest ranch
development on Applicant’s property. Work on one feature of this integrated system is a factor towards finding that reasonable
diligence has been shown in the development of water rights of all features of the system. C.R.S. § 37-92-301(4)(b). 5.2 Diligence for
the remaining structures with continuing conditional rights – Calhoun Cabin Wells 1-3, Calhoun Buddy’s Pond conditional
augmentation use, and Calhoun B&B Pond – is evidenced by Applicant’s diligent efforts to develop the land and residential
structure(s) to which these water structures will provide water. 5.3 In the diligence period at issue here, Applicant has moved forward
with county authorizations for the development. The county has required the planned location for some of the structures to be moved
DECEMBER 2014 RESUME
WATER DIVISION 5 PAGE 46
elsewhere on the property. Applicant has considered revised plans for the development according to this information. 5.4 During the
diligence period, Applicant invested approximately $120,000 in maintenance and refurbishing of one of the residential structures in
the guest ranch development. 5.5 Applicant filed a statement of opposition in Case No. 09CW160, Water Division 5, to protect its
interest in the above-described water rights. 5.6 Applicant perfected the water rights for Calhoun-Buddy’s Well and Calhoun-Gary’s
Well, including purchasing and installing water meters. 5.7 Applicant paid substantial property taxes during the period for the property
and water rights that are the subject of this Application. WHEREFORE, Applicant The Calhoun Ranch, Ltd. requests that the Court
enter a decree finding that its conditional water rights for the following structures have been made absolute: 15 gpm (0.033 cfs) (0.75
acre-feet, annually) from Calhoun-Buddy’s Well for domestic and in-house commercial uses; and 15 gpm (0.033 cfs) (0.60 acre-feet,
annually) from Calhoun-Gary’s Well for domestic uses. Further, Applicant requests the Court enter a decree finding reasonable
diligence was performed during the diligence period in development of all other conditionally decreed water rights discussed in this
Application and continuing these conditional rights in full force and effect. (7 pgs.)
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2015 to file with the Water Clerk a
verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be
granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the
applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5,
CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO
81601