division 5 water court- april 2020 resume 1. pursuant … 202… · division 5 water court- april...

DIVISION 5 WATER COURT- APRIL 2020 RESUME

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

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

CLERK FOR WATER DIVISION 5 DURING THE MONTH OF APRIL 2020. 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.

20CW3052 GRAND COUNTY, FRASER AND COLORADO RIVERS. Application for Finding of Reasonable Diligence and to

Make Partially Absolute. Kerry Investments, LLC, c/o Beattie, Houpt & Jarvis, 932 Cooper Ave, Glenwood Springs, 970-945-8659.

Shirley Well No. 1: Original decree entered 11/04/07 in 05CW45; subsequent decree entered 04/07/14 in 13CW3078. Location: In the

N½ of Sec 11, T 1 S, R 76 W, 6th PM, in Grand County, within building envelope depicted on Exhibit A. The well was constructed in

SE¼NW¼ of Sec 11, T 1 S, R 76 W, 6th PM, at a point 1,400 ft from N sec line and 2,730 ft from E sec line. This point is described as

UTM X 426546.8 and UTMY 4425545. Source: Groundwater trib to Crooked Creek and Fraser River, trib to Colorado River.

Appropriation date: 03/30/05. Amount: 15 gpm, conditional, ltd to 0.59 af per yr. Uses: Household purposes, irrigation, stock watering,

fire protection. Location of irrigated area: Applicant’s property in SE¼NW¼ of Sec 11, T 1 S, R 76 W, 6 th PM. Depth: 350 ft. Date

used: 05/01/16. Amount used: 1.0 gpm used for stockwatering and irrigation on Applicant’s property. The Application on file with the

court includes a list of activities demonstrating diligence. Owner of land: Applicant. (5 pages)

YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JUNE 2020 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: $192.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.






20CW3053 GRAND COUNTY. Moose Ridge Association, c/o Benjamin F. Blair, President, 2800 S. University Blvd. #145, Denver,

CO 80210. Applicant is represented by Kent Whitmer, The Whitmer Law Firm, LLC, PO Box 38, Hot Sulphur Springs, CO 80451,

(970) 725-3460. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. Name of Structure for Underground Water Rights:

Blair Well No. 1. Source: Groundwater from unconsolidated sand and gravel, and from bedrock formations, hydraulically connected to

Shadow Mountain Reservoir, tributary to the Colorado River. Well Location: Blair Well No. 1 is located in the NE 1/4 SE 1/4 of Section

12, Township 3 North, Range 76 West of the 6th P.M., 3160 feet from the North line of said Section 12 and 1060 feet from the East line

of said Section 12. Depth: 160 feet. Use: Domestic use for up to twelve single-family units, and outside irrigation not to exceed 3,000

square feet. Type of Structure: Well. Amount: 50 gallons per minute (“g.p.m.”), conditional, limited to 3.87 acre-feet per year.

Appropriation Date: October 11, 2005. Original Decree: December 31, 2007, Case No. 05CW203, Water Court Division No. 5.

Subsequent Decree Finding Diligence: April 7, 2014, Case No. 13CW3089, Water Court Division No. 5. Conditional Appropriative

Right of Exchange: As part of its original decree, Applicant was also granted a conditional right of exchange (Blair Well No. 1

Exchange). Rate of Exchange: 0.111 cubic feet per second (c.f.s.), limited to 3.87 acre-feet per year. Exchange Reach: Upstream

Terminus: Blair Well No. 1, located in the NE 1/4 SE 1/4 of Section 12, Township 3 North, Range 76 West of the 6 th P.M., 3160 feet

from the North line of said Section 12 and 1060 feet from the East line of said Section 12. Downstream Terminus: Colorado River to a

point where releases from Wolford Mountain Reservoir meet the Colorado River (confluence of Muddy Creek with the Colorado River).

Releases from Wolford Mountain Reservoir meet the Colorado River in the NW 1/4 NE 1/4 of Section 19, Township 1 North, Range

80 West of the 6th P.M., at a point approximately 2,000 feet from the East line of said Section 19 and 200 feet from the North line of

said Section 19. Additional Information: The original decree at Case No. 05CW203 sets forth additional terms and conditions, including

a plan for augmentation, that continue to be in effect for the water rights of this application. The application and attached exhibits contain

a detailed outline of the work performed during the diligence period (24 pages).











20CW3054 (13CW7, 02CW191, 96CW39, 89CW314). DISTRICT COURT, WATER DIVISION NO. 5, STATE OF

COLORADO, 109 8th Street, Suite 104, Glenwood Springs, Colorado 81601. IN THE MATTER OF THE APPLICATION FOR

WATER RIGHTS OF URSULA NISONOFF, IN GARFIELD COUNTY, COLORADO. APPLICATION FOR FINDING OF

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REASONABLE DILIGENCE. 1. Name, Address, and Telephone Number of Applicant: Ursula Nisonoff (“Applicant”), 1418 Moraine

Drive, Vail, Colorado 81657. Direct All Pleadings to: Porzak Browning & Bushong LLP, Glenn E. Porzak, Cassidy L. Woodard, 2120

13th Street, Boulder, CO 80302. 2. Name of Structure: McLean Ditch System. 3. Description of Conditional Water Right: A. Decrees:

The McLean Ditch System was originally decreed by the District Court in and for Water Division 5, State of Colorado (the “Water

Court”), on April 20, 1990, in Case No. 89CW314 (“89CW314 Decree”). Subsequent findings of reasonable diligence were made in

Water Court Case Nos. 96CW39 and 02CW191. In Water Court, Case No. 13CW7, decreed on April 7, 2014, a portion of the conditional

water rights decreed to the McLean Ditch System were made absolute with a finding of reasonable diligence entered for the remaining

conditional portions. B. Legal Description: The originally decreed point of diversion is on the left bank of Mason Creek in the NE1/4

SW1/4 of Section 26, Township 3 South, Range 87 West of the 6th P.M. at a point 1,710 feet North of the South line and 2,090 feet East

of the West line of said Section 26. In Water Court Case No. 06CW107, Applicant’s predecessor-in-interest obtained a decree

authorizing an alternate point of diversion located in the SW1/4 SW1/4 of Section 27, Township 3 South, Range 87 West of the 6th P.M.

at a point 333 feet East of the West section line and 968 feet North of the South section line of said Section 27. See Exhibit A. C. Source:

Mason Creek, a tributary of Sweetwater Creek, which is tributary to the Colorado River. D. Appropriation Date: September 11, 1989.,

D. Amount: 1.0 cfs, conditional, and 1.0 cfs, absolute. E. Uses: Irrigation, aesthetics, and fish and wildlife propagation. 4. Request for

Finding of Reasonable Diligence: Applicant seeks a finding that she has exercised reasonable diligence in the development of the

conditional water rights awarded to the McLean Ditch System in the amount of 1.0 cfs for irrigation, aesthetics, and fish and wildlife

propagation. 5. Outline of work done toward completion of the appropriation and application of water to beneficial use: Activities

supporting Applicant’s request for a finding of reasonable diligence include: A. Applicant continues to utilize water from the McLean

Ditch System in the amount of 1 cfs absolute in accordance with its decreed uses., B. Applicant intends to increase the amount of water

used to its full decreed right of 2 cfs., C. In 2018, during the last diligence period, Applicant, and her husband, acquired the property

upon which the McLean Ditch System Alternate Point of Diversion is located., D. Applicant continues to use her property and the

property she acquired in 2018 for agricultural purposes, including hay and horses. The McLean Ditch System remains an integral

component to those operations. 6. Owners of land upon which any new diversion or storage structure or modification to any existing

diversion or storage structure or existing storage pool is or will be upon or upon which water is or will be stored: A. Applicant.

WHEREFORE, Applicant respectfully requests that the Court enter a decree making a finding of reasonable diligence for the conditional

water right decreed in Paragraph 3, above, so that said conditional water right shall continue in full force and effect for all decreed

amounts and uses and granting such other and further relief as the Court deems just and proper. (4 pages + Exhibit)











20CW3055 PITKIN COUNTY – ROARING FORK RIVER. RUSSELL WIGHT c/o Paul L. Noto, Esq. and Danielle L. Van Arsdale,

Esq., Patrick, Miller & Noto, P.C., 197 Prospector Rd., Ste. 2104A., Aspen, CO 81611 (970) 920-1030. APPLICATION FOR FINDING

OF REASONABLE DILIGENCE. First Claim: Wight Pond. Original Decree: December 31, 2007, Case No. 05CW284, Division 5

Water Court. Legal Description: SW¼ of the SW¼ of Section 28, Township 10 South, Range 84 West of the 6 th P.M. within the

boundaries of Applicant’s property. Source: An unnamed tributary to the Roaring Fork River and the Roaring Fork River. Deliveries

via: A.R. Smith Ditch No. 1 in the SW ¼, of the SW ¼ of Section 28, Township 10 S., Range 84 West of the 6 th P.M., approximately

930 feet from the West Section line and 315 feet from the South Section line; and Difficult Pump in the SW ¼ of the SW ¼ of Section

28, Township 10 South, Range 84 West of the 6th P.M., approximately 1,137 feet from the West Section line and 325 feet from the South

Section line. Date of appropriation: December 27, 2005. Amount: 1.6 acre-feet, conditional. Rate: 0.25 c.f.s., conditional. Uses:

Irrigation of up to 6.75 acres, piscatorial, aesthetic, recreation, and augmentation (05CW283 Decree), with the right to fill and refill in

priority. Applicant owns the land where the structure is located and will be put to beneficial use. A description of Applicant’s property

and a map of structures and irrigated area are on file with the court as Exhibits A and B. Description of work done towards completion

of appropriation, including expenditures, is included in the Application.









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20CW3056 GARFIELD, GUNNISON, MESA & PITKIN COUNTIES, COLORADO. APPLICATION FOR FINDINGS OF

REASONABLE DILIGENCE AND TO MAKE ABSOLUTE. 1. The name, address, and telephone number of the Applicants are:

Colorado River Water Conservation District, c/o General Manager, P. O. Box 1120, Glenwood Springs, CO 81602, (970) 945-8522; &

West Divide Water Conservancy District, c/o Olszewski, Massih & Maurer, P.C., Edward B. Olszewski, Esq., P.O. Box 916, Glenwood

Springs, CO 81602. 2. This Application is filed for a finding of reasonable diligence for several conditional water rights known

collectively as the “West Divide Project”, an integrated water project, and to make a portion of those water rights absolute. The various

components of the West Divide Project are depicted on the map attached as Figure 1. 3. The Boards of Directors of the River District

and the West Divide District have maintained their intent to develop the conditional water rights. The rights involved in this Application

have been before this Court for reasonable diligence determinations in previous cases as indicated in the caption of this Application.

The most recent decree confirming reasonable diligence in the development of the conditional water rights that are the subject of this

Application was entered in Case No. 11CW93, Water Division No. 5 on April 7, 2014. Applicants claim they have been diligent in the

development of the following conditional water rights: CLAIM FOR FINDING OF REASONABLE DILIGENCE 4. Description of

Conditional Water Rights: A. Name of structure: Avalanche Canal and Siphon. i. Date of original decree, case number and court: June

20, 1958, Case No. 4613, Garfield County District Court. ii. Legal Description: a. As decreed: Avalanche Canal and Siphon: (1) Witness

Cor. At the SW Cor. Sec. 9, T.10S, R.88W bears N.03°09’W a distance of 546 feet; (2) W ¼ Cor. Sec. 28, T.9S, R.88W bears N.67°15’W

a distance of 4,538.1 feet. b. PLSS: (1) NE 1/4 of the NE 1/4 of Section 17, T. 10 S., R. 88 W., of the 6th P.M. at a point 44 feet west

of the east section line and 537 feet south of north section line; (2) SE 1/4 of the SE 1/4 of Section 28, T. 9 S., R. 88 W., of the 6th P.M.

at a point 1,081 feet north of the south section line and 1,042 feet west of the east section line. iii. Source: Crystal River and/or Avalanche

Creek. iv. Appropriation Date: April 22, 1957. v. Amount: 30 cfs. vi. Use: Power, Domestic, Municipal, Irrigation, Industrial, and

Stock. Remarks: A portion of these rights are claimed absolute as set forth below. The Applicants stipulated with various objectors in

Case No. 11CW093 to limit the use of 29.986 cfs of the Avalanche Canal and Siphon water right to locations below the confluence of

the Crystal River and the Roaring Fork River. B. Name of structure: Dry Hollow Feeder Canal. i. Date of original decree, case number

and court: April 27, 1981, W-3888, Water Division No. 5. ii. Legal Description: a. As decreed: SW Cor. Sec.4, T.6S, R.91W bears

S.04°00’W a distance of 1,300.0 feet. b. PLSS: SW 1/4 of the SW 1/4 of Section 4, T. 6 S., R. 91 W., of the 6th P.M. at a point 1,304

feet north of the south section line and 73 feet east of the west section line. iii. Source: Colorado River. iv. Appropriation Date: June

20, 1958. v. Amount: 250 cfs. vi. Use: Agriculture, Domestic, Industrial, Recreation, and all other beneficial uses. D. Name of structure:

Dry Hollow Reservoir. i. Date of original decree, case number and court: April 27, 1981, Case No. 79CW308, Water Division No. 5. ii.

Legal Description: a. As decreed: SW Cor. of Sec. 3, T.7S,R.92W, bears N.25°00’E a distance of 2,600 feet. b. PLSS: NW 1/4 of the

NW 1/4 of Section 3, T. 7 S., R. 92. W, of the 6th P.M. at a point 2378 feet south of the north section line and 1,094 feet east of the west

section line. iii. Source: East and West Divide Creeks, and Colorado River. iv. Appropriation Date: April 22, 1957. v. Amount: 45,000

AF. vi. Use: Agriculture, Domestic, Industrial, Recreation, Power and all other beneficial uses. E. Name of structure: Four Mile Canal

and Siphon. i. Date of original decree, case number and court: June 20, 1958, Case No. 4613, Garfield County District Court. ii. Legal

Description: a. As decreed: NE1/4 Sec. 9, T.9S, R.88W. b. PLSS: (Fourmile Creek) SE 1/4 of the SE 1/4 of Section 22, T. 7 S., R. 89

W., of the 6th P.M. at a point 60 feet north of the south section line and 150 feet west of the east section line (Threemile Creek) NW 1/4

of the NW 1/4 of Section 5, T. 7 S., R. 89 W., of the 6th P.M. at a point 875 feet east the west section line and 50 feet south of the north

section line. iii. Source: Four Mile and Three Mile Creeks. iv. Appropriation Date: April 22, 1957. v. Amount: 100 cfs (50 cfs from the

Four Mile Creek intake of the Four Mile Canal and Siphon and 50 cfs from Three Mile Creek intake of the Four Mile Canal and Siphon).

vi. Use: Power, Domestic, Municipal, Irrigation, Industrial, and Stock. vii. Remarks: A portion of these rights are claimed to made

absolute as set forth below. G. Name of structure: Horsethief Canal, Headgates 1-5. i. Date of original decree, case number and court:

July 9, 1965, Case No. 4954, Garfield County District Court. ii. Legal Description: a. As decreed: W1/4 Cor. Sec. 7, T.8S, R91W bears

N.68°26’W a Distance of 2,819.0 feet; PLSS: NE 1/4 of the SW 1/4 of Section 7, T. 8 S., R. 91 W., of the 6th P.M. at a point 1,755

feet north the south section line and 2,651 feet east of the west section line. b. As decreed: NE Cor. Sec. 32, T.7S, R.92W bears

N.19°40’E a distance of 5,527.0 feet; PLSS: SW 1/4 of the SE 1/4 of Section 32, T. 7 S., R. 92 W., of the 6th P.M. at a point 18 feet

north of the south section line and 1,746 feet west of the east section line. c. As decreed: S1/4 Cor. Sec. 33, T.6S, R.93W bears N.84°54’E

a distance of 14,815 feet; PLSS: SW 1/4 of the NE 1/4 of Section 1, T. 7 S., R. 94 W., of the 6th P.M. at a point 1,585 feet south of the

north section line and 1,595 feet west of the east section line. d. As decreed: NW Cor. Sec. 8, T.7S, R.94W bears N.38°59’W a distance

of 2,267 feet; PLSS: SE 1/4 of the NW 1/4 of Section 8, T. 7 S., R. 94 W., of the 6th P.M. at a point 1,744 feet south of the north section

line and 1,534 feet east of the west section line. e. As decreed: NE Cor. Sec. 15, T.7S, R.95W bears N.09°48’E a distance of 3,958 feet.

PLSS: NE 1/4 of the SE 1/4 of Section 15, T. 7 S., R. 95 W., of the 6th P.M. at a point 525 feet west of the east section line and 1,539

feet north of the south section line. iii. Source: a. West Divide Creek and Canal and Kendig Reservoir; b. East Mamm Creek; c. Beaver

Creek; d. Cache Creek; e. Battlement Creek. iv. Appropriation Date: April 22, 1957. v. Amount: a. 550 cfs; b. 50 cfs; c. 50 cfs; d. 50

cfs; e. 50 cfs. vi. Use: Irrigation, Domestic, Stock, Municipal, Industrial, and Power. H. Name of structure: Kendig Reservoir. i. Date

of original decree, case number and court: July 9, 1965, Case No. 4954, Garfield County District Court. ii. Legal Description: a. As

decreed: Section 7 & 18, T.8S, R.91W. b. PLSS: NW 1/4 of the SE 1/4 of Section 7, T. 8 S., R. 91 W., of the 6th P.M. at a point 1,784

feet west of the east section line and 1,818 feet north of the south section line. iii. Source: West Divide Creek and Canal. iv. Appropriation

Date: April 22, 1957. v. Amount: 15,450 AF; vi. Use: Power, Domestic, Municipal, Irrigation, Industrial, and Stock. I. Name of structure:

Kendig Reservoir 1st Enlargement. i. Date of original decree, case number and court: April 27, 1981, Case No. 79CW315, Water

Division No. 5. ii. Legal Description: a. As decreed: SE Cor. of Sec. 7, T.8S, R.91W bears N.42°55’W a distance of 2,550 feet. b. PLSS:

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NW 1/4 of the SE 1/4 of Section 7, T. 8 S., R. 91 W., of the 6th P.M. at a point 1,784 feet west of the east section line and 1,818 feet

north of the south section line. iii. Source: West Divide Creek, and Colorado Rivers. iv. Appropriation Date: June 18, 1979. v. Amount:

2,610 AF. vi. Use: Agriculture, Domestic, Industrial, Recreation, Power, and all other beneficial uses. J. Name of structure: West Divide

Canal. i. Date of original decree, case number and court: July 9, 1965, Case No. 4954, Garfield County District Court. ii. Legal

Description: a. As decreed: S ½ Sec. 33, T.6S, R.90W. PLSS: SE 1/4 of the SE 1/4 of Section 33, T. 6 S., R. 90 W., of the 6th P.M. at a

point 551 feet north of the south section line and 1,190 feet west of the east section line. b. As decreed: Sec. 36, T.6S, R.91W. PLSS:

NE 1/4 of the NE 1/4 of Section 1, T. 7 S., R. 91 W., of the 6th P.M. at a point 2225 feet west of the east section line and 0 feet north of

the south section line. c. As decreed: NE ¼ Sec. 22, T.7S, R.91W. PLSS: NE 1/4 of the NE 1/4 of Section 22, T. 7 S., R. 91 W., of the

6th P.M. at a point 590 feet west of the east section line and 1,645 feet south of the north section line. iii. Source: a. Garfield Creek and

Tunnel; b. Baldy Creek; c. East Divide Creek. iv. Appropriation Date: April 22, 1957. v. Amount: a. 50 cfs; b.50 cfs; c. 200 cfs vi. Use:

Irrigation, Domestic, Stock, Municipal, Industrial, Power. M. Name of structure: West Mamm Creek Reservoir. i. Date of original

decree, case number and court: July 9, 1965, Case No. 4954, Garfield County District Court. ii. Legal Description: a. As decreed:

Sections 13, 14, 23 and 24, T.7S, R.93W. b. PLSS: NW 1/4 of the NE 1/4 of Section 24, T. 7 S., R. 93 W., of the 6th P.M. at a point 28

feet south of the north section line and 2,537 feet west of the east section line. iii. Source: West Mamm Creek and Horsethief Canal. iv.

Appropriation Date: April 22, 1957. v. Amount: 6,500 AF. vi. Use: Power, Domestic, Municipal, Irrigation, Industrial, and Stock. 5.

Integrated Project. This Court has previously determined that the subject conditional water rights are part of an integrated project.

Pursuant to C.R.S. §37-92-301(4)(b), “when a project or integrated system is comprised of several features, work on one feature of the

project or system shall be considered in finding that reasonable diligence has been shown in the development of water rights for all

features of the entire project or system.” Where work on a component of a system is “necessary to the ultimate goal of putting the water

to beneficial use, it is considered part of an integrated system.” Metropolitan Suburban Water Users Ass’n v. Colorado River Water

Cons. Dist., 365 P.2d 273, 289 (Colo.1961). Each of the subject rights, therefore, should be considered an integrated component of the

whole, and work on any of these rights should be considered in finding that reasonable diligence has been shown in the development of

all these rights. 6. Provide a detailed outline of what has been done toward placing water to beneficial use, including expenditures.

Applicants have undertaken the following specific activities over the last six years that demonstrate their diligence. The explanation of

work accomplished during the diligence period is not all inclusive but is merely representative of the work accomplished. Applicants

have undertaken the following specific activities over the last six years that demonstrate their diligence with regard to the subject

conditional rights: A. Applicants have expended significant staff and consultant time managing, developing, and protecting the water

rights described above. B. During the diligence period, Applicant West Divide has been actively engaged in the operation of its water

marketing and augmentation programs. This marketing and augmentation program makes augmentation water available to contractees

utilizing the Fourmile Canal and Siphon and Avalanche Canal & Siphon water rights at alternate points of diversion. Applicant also

seeks to make a portion of the conditional exchange rights herein absolute. C. During the diligence period, the River District has been

actively engaged in the operation of its Water Marketing Program. The successful operation of the Water Marketing Program and the

receipt of lease revenues by the River District will assist the River District in the development of future water projects to benefit its

constituents, like the West Divide Project. D. During the diligence period, Applicants have monitored cases which could potentially

affect the conditional rights herein and opposed numerous water right applications during the diligence period in order to prevent or

mitigate adverse effects to their water rights. E. During the subject diligence period, Applicant West Divide diligently prosecuted

applications in Case Nos. 16CW3084, 05CW148 and 17CW3130, Water Division No. 5 adjudicating alternate points of diversion for

the Fourmile Canal and Siphon and diligence for exchanges which utilize the Avalanche Canal and Siphon. F. Applicant West Divide

identified and mapped owners of lands on which structures may be located or water may be stored. G. During the diligence period, in

2016, the Colorado Basin Roundtable and Applicant West Divide completed the Kendig Reservoir Feasibility Study with the following

objectives: 1) Identify existing and foreseeable water supply demands; 2) Quantify physical and legal water availability and evaluate

potential reservoir operations; 3) Identify environmental and permitting issues; and 4) Develop conceptual design and cost estimates of

storage alternatives. The water supply analysis utilized streamflow records for West Divide Creek in order to determine the physical

and legal availability of water to Kendig Reservoir. The analysis modeled two reservoir pools, an augmentation pool for domestic and

industrial uses as well as a supplemental irrigation pool. StateMod was used to model the reservoir operations. The study was conducted

by Wilson Water Group with geotechnical support from RJH Consultants, Inc. H. During the diligence period (from 2018 to present),

Applicant West Divide initiated the Kendig Reservoir Yield Study. The study is being conducted to assess the yield from other Project

water rights that could also be available to Kendig Reservoir and to meet irrigation demands in the region. Because the original Project

supplies from the Crystal River basin were abandoned, the District requires understanding of additional yield from other direct flow

project rights on the tributaries south of the Colorado River, specifically Garfield Creek, Baldy Creek, East Divide Creek, Beaver Creek,

Cache Creek and Battlement Creek. Temporary, seasonal stream gages have been and are being installed on the listed tributaries

upstream of irrigation diversions. This study is ongoing and is scheduled to be completed in 2023. I. During the diligence period

Applicant West Divide undertook a water demands study to identify water shortages that could be met using water from Kendig

Reservoir. The study included irrigation, domestic, industrial, environmental and recreational demands. J. Over the diligence period,

Applicant West Divide has expended $6,840 on legal expenses and $11,588 on hydrology expenses. In 2016, the Applicants received a

grant in the amount of $60,000 from the Colorado Water Conservation Board which required matching funds. West Divide and the

Colorado River District each provided $10,000 in matching funds for the 2016 Kendig Reservoir feasibility study. The total project cost

was $80,000. In 2019, the Districts received a Colorado Water Plan Grant to study the yield of various project water rights in the amount

of $80,260 with WDWCD providing an equivalent match for a total project cost of $160,520. To date, WDWCD has provided $9,144

as the required match on the Kendig yield study which is ongoing. K. Federal environmental legislation and related regulations on water

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development activities often make successful acquisition of needed federal permits one of the most predominant concerns regarding a

water development project. A significant concern regarding the development of projects in Colorado Water Division No. 5 is the status

of four native fish species which have been listed as “endangered” by the Fish and Wildlife Service pursuant to the federal Endangered

Species Act. Because water depletions in the Colorado River basin are alleged to jeopardize the continued existence of those fish

species, it is necessary for the Applicants and others who may need federal permit authorizations for their water projects to successfully

address the alleged jeopardy of those species. The River District extensively participated and partially funded a multi-phase study to

identify a source of the 10,825 acre feet of water necessary to satisfy the obligation of water users’ within the State of Colorado to the

recovery of the endangered fish. Due to these efforts the River District has obtained a contract with Bureau of reclamation for 5,412.5

acre feet of water in Ruedi Reservoir to satisfy the West Slope’s obligation. During the diligence period the River District has maintained

and administered that contract for the benefit of the endangered fish. These efforts are necessary and appropriate in order for the River

District and other water users within its boundaries to secure permitting approvals for the construction and operation of water projects,

including the Fraser Valley Project that is the subject of this Application. L. Throughout the diligence period, the River District has been

participating in, and is now administering, the Central Colorado Mountains River Basin Weather Modification Program. The program

is designed to increase snow fall, and thus improve water supplies, over the central Colorado mountains including areas in the vicinity

of the project that is the subject of this Application. M. The River District participates in the funding of United States Geological Survey

gauging stations throughout the River District in order to better assess the availability of water for development pursuant to its various

projects, including but not limited to funding gauging stations on the Colorado River. The River District spends approximately $500,000

per year on these efforts. N. Applicants reaffirmed their intent to develop the subject conditional water rights as claimed in the

Application at their respective April 2020 Board meetings. O. Applicants’ activities and expenditures establish that Applicants have

been reasonably diligent in the development of the conditional water right associated with the West Divide Project. CLAIM TO MAKE

CONDITIONAL WATER RIGHTS ABSOLUTE. 7. Claim to Make Absolute: Applicants seek a determination and decree that 0.460

cfs of the Four Mile Canal and Siphon and 1.121 cfs of the Avalanche Canal and Siphon water right have been made absolute for

Domestic, Municipal, Irrigation, Industrial, and Stock purposes at the Alternate Points of Diversion decreed in Case Nos. 02CW123,

16CW3084, 05CW148 and 17CW3130 Water Division No. 5 as evidenced by the diversion amounts attached hereto as Exhibit A. In

the alternative, Applicants seek a finding of reasonable diligence with regard to any portion of the Avalanche Canal and Siphon right

that is not made absolute as requested above. 8. Names and locations of the structures where water has been placed to beneficial use are

included in Exhibit A. 9. Names and addresses of owner of land on which structure is or will be located, upon which water is or will be

stored, or upon which water is or will be placed to beneficial use: The structures are or may be located and water is or may be stored

on land owned by the agencies, entities, and individuals identified in Exhibit B, attached hereto and incorporated herein by this reference.

The water will be placed to beneficial use within the extensive boundaries of the River District and/or the West Divide District. The

specific owners of land upon which the water rights will be placed to beneficial use will be determined at future dates as the projects are

developed. The water rights may be put to beneficial use on lands owned by many thousands of individuals and entities. Therefore, it is

not feasible to list at this time the names and addresses of the owners of land upon which water may be placed to beneficial use.

WHEREFORE, the Applicant requests: A. finding the Applicant has exercised reasonable diligence toward the development of the West

Divide Project water rights as described above. B. That 0.460 cfs of the conditional water rights decreed to the Four Mile Canal and

Siphon have been made absolute. C. That 1.121 cfs of the conditional water rights decreed to the Avalanche Canal and Siphon have

been made absolute. D. Such other and further relief as the Court may deem appropriate. (22 pages)











20CW3057 GARFIELD COUNTY, COLORADO RIVER. Application for Change of Water Rights. Parachute/Battlement Mesa

Park & Recreation District, c/o Ryan Jarvis & Jeff Houpt of Beattie, Houpt & Jarvis, 932 Cooper Ave, Glenwood Springs, 970-945-

8659. Applicant owns and operates the Battlement Mesa Golf Club, and in 05CW281, the Court, among other things, quantified the

historic consumptive use of the Huntley Ditch; Huntley Ditch, First Enlargement; Dobey Ditch, Priority 67; Dobey Ditch, Priority 108A;

and Dobey Ditch, Priority 116 (the “Subject Water Rights”) and decreed them for use on up to 120 acres at the Battlement Mesa Golf

Club. Currently, approx 106 acres of land at the Battlement Mesa Golf Club are irrigated. Applicant also owns and operates the Grand

Valley Recreation Center, which has approx 6 acres of irrigated area. Applicant is seeking a change of place of use of the Subject Water

Rights to permit use of the Subject Water Rights on the approx 6 acres of irrigated area at the Grand Valley Recreation Center. Pursuant

to the change in place of use requested herein, irrigation at the Battlement Mesa Golf Club and the Grand Valley Recreation Center with

the Subject Water Rights will be limited to a total of 120 acres so there will be no net increase in the acreage irrigated by the Subject

Water Rights as a result of the change. Huntley Ditch: Original decree entered on 05/05/1888 in CA89; subsequent decree entered in

05CW281. Location: At a point in the SE ¼ of the NW ¼ of Sec 15, T 7 S, R 95 W 6th PM at a point 1,580 ft from N sec line and 2,005

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ft from W sec line. Source: Battlement Creek, trib to Colo River. Appropriation date: 03/01/1885. Total amount: 1.67 cfs, absolute. Amount

owned by Applicant: 1.06 cfs, absolute. Use: Irrigation. Amount of water that Applicant intends to change: 1.06 cfs. Huntley Ditch, First

Enlargement: Original decree entered on 05/05/1888 in CA89; subsequent decree entered in 05CW281. Location: At a point in the SE

¼ of the NW ¼ of Sec 15, T 7 S, R 95 W 6th PM at a point 1,580 ft from N sec line and 2,005 ft from W sec line. Source: Battlement

Creek, trib to Colo River. Appropriation date: 03/10/1887. Total amount: 4.50 cfs, absolute. Amount owned by Applicant: 1.75 cfs,

absolute. Use: Irrigation. Amount of water that Applicant intends to change: 1.75 cfs. Dobey Ditch, Priority 67: Original decree entered

on 05/05/1888 in CA89; subsequent decrees entered in CA1093 and 05CW281. Location: At a point in the SW ¼ of the NE ¼ of Sec

15, T 7 S, R 95 W 6th PM at a point 1,780 ft from N sec line and 2,670 ft from W sec line. Source: Battlement Creek, trib to Colo River.

Appropriation date: 03/07/1887. Total amount: 1.975 cfs, absolute. Amount owned by Applicant: 1.975 cfs, absolute. Use: Irrigation.

Amount of water Applicant intends to change: 1.975 cfs. Dobey Ditch, Priority 108A: Original decree entered on 04/04/1898 in CA711;

subsequent decrees entered in CA1093 and 05CW281. Location: At a point in the SW ¼ of the NE ¼ of Sec 15, T 7 S, R 95 W 6 th PM

at a point 1,780 ft from N sec line and 2,670 ft from W sec line. Source: Battlement Creek, trib to Colo River. Appropriation date:

07/29/1888. Total amount: 1.00 cfs, absolute. Amount owned by Applicant: 1.00 cfs, absolute. Use: Irrigation. Amount of water

Applicant intends to change: 1.00 cfs. Dobey Ditch, Priority 116: Original decree entered on 07/11/1902 in CA977; subsequent decrees

entered in CA2134 and 05CW281. Location: At a point in the SW ¼ of the NE ¼ of Sec 15, T 7 S, R 95 W 6 th PM at a point 1,780 ft

from N sec line and 2,670 ft from W sec line. Source: Battlement Creek, trib to Colo River. Appropriation date: 06/29/1893. Total

amount: 3.00 cfs, absolute. Amount owned by Applicant: 3.00 cfs, absolute. Use: Irrigation. Amount of water Applicant intends to

change: 3.00 cfs. (8 pages)











20CW3058 GRAND COUNTY – ST. LOUIS CREEK, TRIBUTARY TO FRASER AND COLORADO RIVERS. BYERS PEAK

PROPERTIES, LLC, a Colorado limited liability company; and C. CLARK LIPSCOMB and MEREDITH C. LIPSCOMB c/o Kevin

L. Patrick, Esq. and Danielle L. Van Arsdale, Esq., Patrick, Miller & Noto, P.C., 229 Midland Ave., Basalt, CO 81623 (970) 920-1030.

APPLICATION TO MAKE ABSOLUTE IN PART AND FOR FINDINGS OF REASONABLE DILIGENCE. First Claim: Gaskill

Ditch, Byers Peak Enlargement. Original Decree: April 7, 2014, Case No. 10CW309, Division 5 Water Court. Legal Description: SE

¼, NW ¼ of Section 25, Township 1 S, Range 76 W. of the 6th P.M, 1,825 feet from the North section line and 1,686 feet from the West

section line. Alternate Point of Diversion No. 1: Beaver Dam Ditch, SE ¼, NW ¼ of Section 25, Township 1 S., Range 76 W. of the 6th

P.M, 1,460 feet from the North section line and 1,840 feet from the West section line. Alternate Point of Diversion No. 2: Clark’s Ditch

No. 1, NW¼, SW¼ of Section 19, Township 1 S., Range 75 W. of the 6th P.M, 2,430 feet from the South section line and 220 feet from

the West section line. Source: St. Louis Creek, tributary to the Fraser and Colorado Rivers. Map of diversion points is on file with the

court as Figure 1. Amounts and Uses: 3.5 c.f.s., absolute and 2.5 c.f.s., conditional for irrigation; 6.0 c.f.s. conditional for snowmaking.

Appropriation dates: July 1, 2010 and December 20, 2010. Annual volume: 1,590 acre-feet including amounts used to fill and re-fill

Second and Third Claims. Claim for absolute: 2.5 c.f.s. for irrigation and 5.15 c.f.s. for snowmaking. Dates of beneficial use: July 13,

2011 (irrigation) and October 24, 2019 (snowmaking). Applicant owns the land where water is and will be stored and put beneficial use.

Alternate points of diversion are on land owned by: Gaskill Ditch: Daniel D. and Anne O. Berkeley; 5046 W. Hinsdale Circle, Littleton,

CO 80128-6443; Beaver Dam Ditch: Gold Medal Ranch, LLC; 19 Devon Wood, San Antonio, TX 75257-2110; and Clark’s Ditch No.

1: The Lipscombs]. Second Claim: Byers Peak Properties Pond System. Original Decree: April 7, 2014, Case No. 10CW309, Division

5 Water Court. Legal Description: A pond system comprised of one or more ponds, with a lower terminus located in the SE ¼, SE ¼ of

Section 19, Township 1 S., Range 75 W. of the 6th P.M., 603 feet from the South section line and 898 feet from the East section line;

and a upper terminus located in the NW ¼ SW ¼ of Section 19, Township 1 S., Range 75 W. of the 6th P.M., 1,790 feet from the South

section line and 1,069 feet from the West section line. Source: St. Louis Creek, tributary to the Fraser and Colorado Rivers, via deliveries

from First Claim. Rate: 6.0 c.f.s. Amounts and Uses: 232.0 acre-feet, conditional, with the right to fill and refill in priority, for

snowmaking, augmentation, irrigation, piscatorial, recreation, aesthetic, and fire protection. Appropriation date: December 20, 2010.

Surface area high water line: 25.50 acres cumulative. Total capacity: 232.0 acre-feet, active. Claim for absolute: 53.29 acre-feet for all

above uses. Date of beneficial use: August 2, 2017. Applicant Byers Peak owns the land where water is and will be stored and put

beneficial use. An as-built survey of the Byers Peak Pond System is on file with the court as Exhibit C. Third Claim: Ike’s Pond No.

1. Original Decree: April 7, 2014, Case No. 10CW309, Division 5 Water Court. Legal Description: NW ¼ SW ¼ of Section 19 Township

1 S., Range 75 W. of the 6th P.M., 2,429 feet from the South section line and 784 feet from the West section line. Source: St. Louis

Creek, tributary to the Fraser and Colorado Rivers, via deliveries from First Claim. Rate: 6.0 c.f.s. Amounts and Uses: 26.0 acre-feet,

conditional, with the right to fill and refill in priority, for augmentation, irrigation, piscatorial, recreation, aesthetic, and fire protection.

Appropriation date: December 20, 2010. Surface area high water line: 3.0 acres. Total capacity: 26.0 acre-feet, active. Applicants the

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Lipscombs own the land where water is and will be stored and put beneficial use. A map of water rights and a map of irrigated areas on

Applicants’ properties are on file with the court as Figures 1, 2 and 3. Description of work done towards completion of appropriation,

including expenditures, is on file with the court as Exhibit A. Records evidencing beneficial use are on file with the court as Exhibit B.










object and protest within the time provided by statute or be forever barred

20CW3059 EAGLE COUNTY – EAGLE RIVER OR ITS TRIBUTARIES. THE TOWN OF GYPSUM c/o Kevin L. Patrick, Esq.

and Jason M. Groves, Esq., Patrick, Miller & Noto, P.C., 229 Midland Ave., Basalt, CO 81623 (970) 920-1030. APPLICATION FOR

FINDINGS OF REASONABLE DILIGENCE AND CLAIM TO MAKE ABSOLUTE IN PART. First Claim: LEDE Ditch, Town

Enlargement. Original Decree: October 1, 2007, Case No. 05CW292, Division 5 Water Court. Legal Description: 1150 feet south of the

north line, and 2,860 feet east of the west line of Section 16, Township 7 South, Range 84 West, 6th P.M. Source: Antones Cabin Creek,

a tributary of Brush Creek, a tributary of the Eagle River, a tributary to the Colorado River. Appropriation date: October 7, 1988.

Amount: 30.0 c.f.s., conditional. Uses: Domestic, irrigation, commercial, industrial, street washing, fire protection and all other

municipal purposes including augmentation and exchange. The water delivered will be used by direct usage and by storage within LEDE

Reservoir pursuant to the Town’s Eye Lake/Wolcott Reservoir enlargement water right decreed in Case No. 00CW325, Division 5 Water

Court and the LEDE Reservoir, Town Enlargement water right described in the Second Claim. Absolute claim: Date of beneficial use:

July 1, 2019. Amount & Uses: 2.27 c.f.s., absolute for all decreed uses. Applicant requests the balance be continued conditional in

nature. Second Claim: LEDE Reservoir, Town Enlargement. Original Decree: October 1, 2007, Case No. 05CW292, Division 5 Water

Court. Legal Description: 128 feet south of the north line, and 2,110 feet east of the west line of Section 9, Township 7 South, Range

84 West, 6th P.M. The inlet of the LEDE Reservoir is located 1,530 feet south of the north line, and 2,475 feet east of the west line of

Section 9, Township 7 South, Range 84 West, 6th P.M. Source: Deliveries from LEDE Ditch, Town Enlargement as described in First

Claim. Appropriation date: October 7, 1988. Amount: 400 acre-feet, conditional, with right to fill and re-fill in priority. Uses: Storage

for recreational, aesthetic, piscatorial purposes, domestic, commercial, industrial, street cleaning/washing, fire protection, all other

municipal uses, augmentation and exchange. Surface area at high water: 33 acres; Max dam height: 49 feet (original decree), 57 feet

(dam improvement plan); Max dam length 355 feet (original decree), 825 feet (dam improvement plan). Total capacity: 400 acre-feet,

active. Absolute claim: Date of beneficial use: July 28, 2019. Amount & Uses: 254.8 acre-feet, absolute for all decreed uses. Applicant

requests the balance be continued conditional in nature. Landowner information for both claims: The United States Forest Service, c/o

Mr. Scott Fitzwilliams, Forest Supervisor, 900 Grand Avenue, Glenwood Springs, CO 81601, owns the land where this headgate is

located. Applicant has Special Use Permit, EAG152, Amended 5-15-13. A map of water rights is on file with the court as Exhibit A.

Place of use for both claims: Within the Town’s service area including areas served extraterritorially by contract as such service area

may be enlarged from time to time. The Town’s water service area is shown on Exhibit B, on file with the court. Description of work

done towards completion of appropriation, including expenditures, is on file with the court as Exhibit C. Records evidencing diversions

and beneficial use are on file with the court as Exhibit D.










object and protest within the time provided by statute or be forever barred

19CW10 GRAND COUNTY – UNNAMED TRIBUTARY TO THE BLUE RIVER TRIBUTARY TO THE COLORADO

RIVER. F & L Hester Holdings, LLC; P.O. Box 433; Kremmling, CO 80459 (970)724-3868. Hester’s Spring – Amended Application

for Surface Water Rights and for Approval of Plan for Augmentation. Applicant is now amending the original application filed in Div.

5 Water Court on August 2, 2019 to include a request for approval of a plan for augmentation for Hester’s Spring. Explanation of the

Plan for Augmentation: The purpose of the plan for augmentation is to replace the out of priority diversions associated with Hester’s

Spring, which is located in the NW¼NW¼ of Sec. 28, T.1S., R.80W. of the 6th P.M. 938 ft. from the north sec. line and 821 ft. from the

west sec. line, with UTM coordinates of Easting 383102.92 Northing 4431522.98 Zone 13. Applicant has applied and obtained approval

for a contract with the Colorado River Water Conservation District in the amount of 0.10 acre feet per year. The out of priority diversions

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PAGE 8

associated with Hester’s Spring are 0.053 acre feet per year. Description of the water right to be used for augmentation: Gunsight Pass

Reservoir (now a/k/a Wolford Mountain Reservoir). Location of the dam: SW¼NE¼ of Sec. 25, T.2N, R.81W. of the 6th P.M. the

intersection of the dam axis with the right abutment will occur at a point which bears S.54’54’20” E. a distance of 3,716.46 ft. from the

NW corner of said Sec. 25. Appropriation date: Dec. 13, 1987. Decreed uses: domestic, municipal, agricultural, recreation uses, also

used to meet the requirements of the inhabitants of the River District for all uses, including the Middle Park area. Names and addresses

of owner on which structures are located: Bureau of Land Management; P.O. Box 68; Kremmling, CO 80459 and Colorado Parks &

Wildlife; P.O. Box 216; Hot Sulphur Springs, CO 80451.
















19CW3124 DIS 37, EAGLE CTY, WATER TRIB TO EAGLE RIVER TRIB TO COLORADO RIVER. App: KIWA

ASSOCIATES, LLC, c/o Sherry A. Caloia, PO Box 443, Glenwood Springs, CO 81602, Amended App to amend legal desc of well

field: B. In sec 15, T4S, R83W 6th P.M. more particularly starting 2,404 ft from W sec line and 2,148 ft from S Sec Line then traveling

N 119 ft, then E 605 ft, then N 232 ft, then E 681 ft, then S 512 ft, then W 372 ft, then N 89 ft, then W 696 ft in area of approx 9.0 acres,

all as depicted on Figure 1 attached to Application.











20CW4 (13CW3087) GRAND COUNTY- GROUNDWATER HYDRAULICALLY CONNECTED TO THE COLORADO

RIVER. Guy & Linda Shingleton; P. O. Box 70; Castle Rock, CO 80104. (303)898-1267. Tibbetts Well No. 1 and Warner Exchange-

Application for Finding of Reasonable Diligence. Location: Tibbetts Well No. 1 - SE¼, Sec. 23, T.3N, R.76W. of the 6th P.M. as follows:

beginning at the E¼ corner of Sec. 23, T.3N, R.76W. of the 6th P.M.: thence N89˚27’00” W a distance of 1,130 ft. to the True Point of

the beginning: thence South 400 ft. Warner Exchange- Upstream Terminus- from the location of Tibbetts Well No. 1 SE¼, Sec. 23,

T.3N, R.76W. of the 6th P.M. in the NE¼ SE¼ at a point 2,240 ft. from South sec. line and 1, 130 ft. from east sec. line. Downstream

Terminus – Colorado River to Granby Reservoir spillway in the SE¼NE¼, Sec. 11, T.2N, R.76W, of the 6th P.M., at a point 2,500 ft.

from the north sec. line and 400 ft. from the east sec. line. Granby Reservoir occupies parts of T.2 and 3N., R.75/76 of the 6th p.m.

Appropriation: 4.13.94 Amount: 15.0 g.p.m., conditional, 0.5 a.f./yr. for exchange, conditional. Use: In-house domestic use for one

single family residence. Application contains an outline of work completed during the diligence period.









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20CW3001 EAGLE COUNTY. YARMONY CREEK, TRIB. TO THE COLORADO RIVER. Application to Correct Decreed

Location of Water Rights. Applicant: Andrea J. Reiman, c/o Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602;

970-945-6546. Summary of Application: Applicant requests to correct to the decreed location of the Bailey Mesa Ponds No. 1 & 2

(“Subject Water Rights”). Prior Decree Info.: The Subject Water Rights were orig. decreed in Case No. 03CW295, entered in District

Court, Water Division 5 on 8/20/2007. A finding of reasonable diligence was entered on 1/24/2014 in Case No. 13CW3035, District

Court, Water Division 5. Structure: Bailey Mesa Pond No. 1 Decreed legal description: NE1/4NE1/4 of Sec. 8, T. 2 S., R. 83 W. of the

6th P.M. at a pt. 825 ft. from the N. Line and 420 ft. from the E. Line of said Sec. 8. Source: Yarmony Creek, trib. to the Colorado River.

Date of Approp.: 8/31/1997. Uses: Aesthetic, rec., fire prot. and pisc. Amt.: 1.68 a.f. absolute. If off-channel reservoir, rate of diversion

for filling the reservoir: 1.0 c.f.s., via the Bailey Mesa Ditch First Enlargement. Surface area of high water line: 0.40 acre. The surface

area considers 0.06 acre, which is attributable to appurtenant water features of the pond. Max. height of dam in ft.: 10 ft. Length of

dam in ft.: 350 ft. Total capacity of reservoir in AF: 1.68 a.f. Active capacity: 1.68 a.f. Dead storage: 0.0 a.f. Corrected legal description:

The outlet at the center of the dam is located in the NW1/4 NW1/4 of Sec. 9, T. 2 S., R. 83 W., 6th P. M., at a pt. 780 ft. from the N.

Line and 140 ft. from the W. Line of said Sec. 9. See attached Exhibit A to Application. Structure: Bailey Mesa Pond No. 2. Decreed

Legal Description: NE1/4 NE1/4 of Sec. 8, T. 2 S., R. 83 W., 6th P.M. at a pt. 625 ft. from the N. Line and 400 ft. from the E. Line of

said Sec. 8. Source: Yarmony Creek, trib. to the Colorado River. The Bailey Mesa Pond No. 2 fills using the Bailey Mesa Ditch 1st

Enlargement as decreed in Case No. 03CW295 at the rate of 1.0 c.f.s. Approp. Date: 10/31/2003. Amt: 6.0 AF, cond. Use: Aesthetic,

rec. and pisc. Surface area of high water line: 0.80 acre. Max. height of dam: 10 ft. Length of dam: 450 ft. Capacity Active capacity:

6 AF Dead storage: 0.0 AF Corrected legal description: The outlet at the center of the dam is located in the NE1/4 NE1/4 of Sec. 8, T.

2 S., R. 83 W., 6th P.M. at a pt. 715 ft. from the N. Line and 180 ft. from the E. Line of said Sec. 8. See attached Exhibit A to Application.

Name and address of owner of the land upon which the structure is located, or upon which water is or will be placed to beneficial use:

Applicant. 5 pgs.






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