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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.






mailto:[email protected]


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.)






81601.






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)






81601.








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



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)






81601.






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



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).






81601.






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



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)






81601.






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



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)






81601.






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).






81601.






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:




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).






81601.






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



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






material injury to water rights. (6 pgs.)






81601.






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




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).






81601.





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



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






material injury to water rights. (6 pgs.)






81601.





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



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.)






81601.






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.)









81601.






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.)






81601.








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.)






81601.






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)








81601.





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.)






81601.






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,



(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)






81601.








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.)






81601.






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)








81601.






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



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.)






81601.





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



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.






81601.






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



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



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)






81601.






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 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



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



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


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


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,




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



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.)






81601.






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.



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



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)






81601.






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)






81601.






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



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)






81601.





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)






81601.





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;



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.)






81601.





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



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)






81601.






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




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)






81601.






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




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



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



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



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,



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



(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



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.)






81601.






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.)








81601.






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



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.)






81601.






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,


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




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,


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,


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



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



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



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.)






81601.






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.






81601.






14CW3142 APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND A DETERMINATION THAT

CONDITIONAL WATER RIGHTS HAVE BEEN MADE ABSOLUTE CONCERNING THE APPLICATION FOR WATER



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



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.)






81601

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