division 5 water court- december 2017 resume substitute water supply plan notification ... ·...

DIVISION 5 WATER COURT- DECEMBER 2017 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 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: 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, 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, or e-mail to:

[email protected].

Any 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 2017. 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.

17CW20 PITKIN COUNTY- UNNAMED TRIBUTARY (a/k/a DICK CREEK) OF THE CRYSTAL RIVER, TRIBUTARY

TO THE ROARING FORK RIVER, TRIBUTARY TO THE COLORADO RIVER. Paige & Margie Meredith; 10830 Hwy. 133;

Carbondale, CO 81623 (970)963-2021. Dooley Ditch, First Enlargement-Application for Absolute Water Rights (Surface). Location:

NW¼NE¼ of Sec. 21, T.9S., R.88W. of the 6th

P.M. 1,271 ft. from the north sec. line and 3,050 ft. from the west sec. line.

Appropriation: Aug. 1, 2010. Amount: 0.5 c.f.s., absolute. Use: hydropower electrical generation, a non-consumptive beneficial use.

YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2018 to file with the Water Clerk a

verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be

granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the

applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5,

CRCP. (Filing Fee: $158.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs,

CO 81601.




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.

17CW21 (10CW228) GARFIELD COUNTY-BEAVER CREEK TRIBUTARY TO THE COLORADO RIVER. Samuel R.

mailto:[email protected]

http://water.state.co.us/


DECEMBER 2017 RESUME WATER DIVISION 5

PAGE 2

Rubin; 6395 Walnut Dr.; Pinson, AL 35126 (205)914-7944. Hooker Spring (n/k/a Rubin Spring)-Application for Finding of

Reasonable Diligence. Location: NW¼SW¼ of Sec. 13, T.7S, R.94W. of the 6th

P.M. 1,418 ft. from the south sec. line and 736 ft.

from the west sec. line. Appropriation: Sept. 27, 2010. Amount: 0.011 c.f.s., conditional. Use: Livestock and wildlife watering and

domestic use in one cabin.






CO 81601.






17CW22 (10CW222) EAGLE COUNTY- FRYING PAN RIVER TRIBUTARY TO THE ROARING FORK RIVER

TRIBUTARY TO THE COLORADO RIVER. Michael Bair; 829 Frying Pan Road, Basalt, CO 81621 (970)948-2449. Bair Hydro-

Application to Make Absolute in Whole or in Part. Location: NE¼SW¼ of Sec. 8, T.8S., R.86W. of the 6th

P.M. 2,575 ft. from the

north sec. line and 2,166 ft. from the west sec. line. Appropriation: July 20, 2008. Amount: 25.0 c.f.s., absolute. Use: power generation

for a non-consumptive hydroelectric system. Name of Land Owner on which structure is located: Trish Meyer, 23655 Two Rivers Rd.,

Basalt, CO 81621. An outline of work performed during the diligence period is included in the application.






CO 81601.






17CW3236 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: Philip Lopez, Assistant Attorney

General, Natural Resources and Environment Section, Colorado Department of Law, 1300 Broadway, 7th

Floor, Denver, CO 80203.

Telephone: (720) 508-6312. E-mail: [email protected]. APPLICATION FOR INSTREAM FLOW WATER RIGHTS TO

PRESERVE THE NATURAL ENVIRONMENT TO A REASONABLE DEGREE IN EAGLE COUNTY, COLORADO. 2. Name

of water right: Piney River Instream Flow Water Right. 3. Legal Description: The Piney River Instream Flow Water Right is located

in the natural stream channel of Piney River from the confluence with Grape Creek to the confluence with the Colorado River, a

distance of approximately 7.83 miles. A map depicting the approximate location of the Piney River Instream Flow Water Right reach

is attached as Exhibit 1. A. Upstream Terminus: Confluence with Grape Creek: 1. UTM: Northing: 4405229.97; Easting: 366932.04

(NAD 1983 Zone 13 North) 2. Lat/Long: latitude 39° 47' 11.85"N and longitude 106° 33' 14.57"W B. Downstream Terminus:

Confluence with Colorado River: 1. UTM: Northing: 4412971.89 Easting: 359556.85 (NAD 1983 Zone 13 North) 2. Lat/Long:

latitude 39° 51' 18.59"N and longitude 106° 38' 30.50"W C. The Universal Transverse Mercator (UTM) of the upstream and

downstream termini will be used as the legal description for the decree in this matter. The Lat/Long coordinates are provided as cross-

reference locations only. The UTM and Lat/Long locations for the upstream and downstream termini were derived from CWCB GIS

using the National Hydrography Dataset (NHD). 4. Source: Piney River, tributary to Colorado River. 5. A. Date of initiation of

appropriation: January 24, 2017. B. How appropriation was initiated: Appropriation and beneficial use occurred on January 24,

2017, 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. (2017). C. Date

applied to beneficial use: January 24, 2017. 6. Amount of water claimed: Instream flow of 4 cfs (12/01 - 03/31), 16 cfs (04/01 -

04/30), 55 cfs (05/01 - 07/15), 16 cfs (07/16 - 08/15), and 8 cfs (08/16 - 11/30), absolute. 7. Proposed Uses: 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. (2017), 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. (2017). As an instream flow water right, the CWCB’s appropriation does not require diversion structures or storage. See Colo.


PAGE 3

River Water Conservation Dist. v. Colo. Water Conservation Bd., 594 P.2d 570, 574 (Colo. 1979); § 37-92-103(4)(c), C.R.S. (2017).

As a surface water right, the CWCB’s appropriation of instream flow water rights does not involve construction of a well. The CWCB

has an existing instream flow water right on the Piney River from the confluence with the North Fork Piney River to the confluence

with the Colorado River, in the amount of 9.0 cfs (1/1 – 12/31), decreed in Case No. 86CW0229 with an appropriation date of

1/16/1986. The flow rates sought herein are in addition to the amount of the existing instream flow water right. 9. Remarks: This

appropriation by the CWCB, on behalf of the people of the State of Colorado, is made pursuant to sections 37-92-102(3) & (4) and 37-

92-103(3), (4) & (10), C.R.S. (2017). The purpose of the CWCB’s appropriation is to preserve the natural environment to a reasonable

degree. At its regular meeting on May 17, 2017, the CWCB determined, pursuant to section 37-92-102(3)(c), C.R.S. (2017), that the

natural environment of Piney River 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 rights herein, if granted; and

that such environment can exist without material injury to water rights.






CO 81601.






17CW3237 District Court, Water Division No. 5, State of Colorado, 109 8th Street, Suite 104, Glenwood Springs, CO, 81601.

Concerning The Application For Water Rights Of Galloway, Inc., D/B/A Blue Valley Ranch, In THE BLUE RIVER OR ITS

TRIBUTARIES, IN GRAND COUNTY, COLORADO. APPLICATION TO MAKE CONDITIONAL WATER RIGHTS

ABSOLUTE OR, IN THE ALTERNATIVE FOR A FINDING OF REASONABLE DILIGENCE. 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, Steven J. Bushong, Porzak Browning & Bushong LLP, 2120 13th Street,

Boulder, Colorado, 80302, (303) 443-6800. 2. Name of structures: King Creek Upper Spring Enlargement, King Creek Lower Spring

Collection System Enlargement, and King Creek Exchange. 3. Description of conditional water rights: The King Creek Upper Spring

Enlargement, King Creek Lower Spring Collection System Enlargement, and King Creek Exchange were all decreed conditional

water rights by decree of this Court entered in Case No. 10CW277 dated December 28, 2011. A. King Creek Upper Spring

Enlargement (“Upper Spring Enlargement”). i. Legal Description: NE1/4 SE1/4 of Section 24, T. 1 S., R.80 W., of the 6th

P.M., at a

point 3,090 feet from the West section line and 1,535 feet from the South section line of said Section 24. ii. Source: Spring water

tributary to King Creek, tributary to the Blue River, tributary to the Colorado River. iii. Amount: 0.011 c.f.s., conditional. iv. Uses:

Stock watering and wildlife watering. v. Appropriation Date: November 30, 2010. B. King Creek Lower Spring Collection System

Enlargement (“Lower Spring Enlargement”). i. Legal Description: SE ¼ SE ¼ of Section 23, T. 1 S., R. 80 W., of the 6th

P.M., Grand

County, Colorado. The Lower Spring consists of three separate diversion points, the location of which are as follows: a. 165 feet from

the East section line and 848 feet from the South section line of said Section 23. b. 93 feet from the East section line and 620 feet from

the South section line of said Section 23. c. 228 feet from the East section line and 228 feet from the South section line of said Section

23. ii. Source: Spring water tributary to King Creek, tributary to the Blue River, tributary to the Colorado River. iii. Amount: 0.1

c.f.s., conditional. iv. Uses: Stock watering and wildlife watering. v. Appropriation Date: November 30, 2010. C. King Creek

Exchange. i. Downstream Terminus: a. Downstream Terminus: the Confluence of the Blue River and King Creek, which is described

as in the SW1/4 of the NE1/4 of Section 28, T. 1 N., R. 80 W., 6th

P.M. at a point approximately 2,020 feet from the East section line

and 2,900 feet from the South section line of said Section 28. b. Upstream Termini: 1. Upper Spring Enlargement: NE1/4 SE1/4 of

Section 24, T. 1 S., R.80 W., of the 6th

P.M., at a point 3,090 feet from the West section line and 1,535 feet from the South section line

of said Section 24. 2. Lower Spring Enlargement: SE ¼ SE ¼ of Section 23, T. 1 S., R. 80 W., of the 6th

P.M., Grand County,

Colorado. The Lower Spring consists of three separate diversion points, the location of which are as follows: a. 165 feet from the East

section line and 848 feet from the South section line of said Section 23. b. 93 feet from the East section line and 620 feet from the

South section line of said Section 23. c. 228 feet from the East section line and 228 feet from the South section line of said Section 23.

ii. Rate of Exchange: 0.111 c.f.s., conditional. iii. Uses: stock watering and wildlife watering. iv. Appropriation Date: November 30,

2010. 4. Claim to Make Conditional Water Rights Absolute. As set forth more fully in the engineering memorandum prepared by

George M. Fosha, a copy of which is attached hereto as Exhibit A, Applicant (a) diverted the conditional water rights decreed to the

Upper Spring Enlargement and Lower Spring Enlargement at their full decreed rate, in priority, and placed the water to the decreed

uses on March 26, 2017, and at other times, and (b) exercised the King Creek Exchange at its full decreed rate on October 6, 2017,

October 23, 2017, and at other times, for its decreed uses. Accordingly, Applicant seeks the make the subject conditional water rights

absolute. 5. Alternative Claim for Findings of Reasonable Diligence. In the alternative, Applicant seeks a finding of reasonable


PAGE 4

diligence with respect to any aspects of the subject conditional water rights that are not made absolute in this proceeding. Applicant’s

diligence activities include those set forth in Exhibit A attached hereto. (5 pages + exhibit)






CO 81601.






17CW3238 District Court, Water Division No. 5, State of Colorado, Garfield County Courthouse, 109 8th

Street, Suite 104, Glenwood

Springs, CO 81601. In the Matter of The Application for Water Rights Of American Gypsum Company, In Eagle County, Colorado.

APPLICATION FOR FINDING OF REASONABLE DILIGENCE. 1. Name, address and telephone number of applicant:

American Gypsum Products, P.O. Box 1630, Eagle, Colorado 81631. (970)524-9700. Direct all pleadings to: Michael F. Browning,

Steven J. Bushong, Porzak Browning & Bushong LLP, 2120 13th Street, Boulder, Colorado 80302. 2. Name of structure: Eagle

Gypsum Reservoir No. 1. 3. Description of conditional water right: (a) Decree: Decreed by the District Court in and for Water

Division No. 5 in Case No. 89CW132 on July 13, 1990. Prior diligence decrees were entered in Case Nos. 96CW198, 02CW300, and

10CW295. (b) Decreed location: The dam will be located in the NW1/4NE1/4 and NE1/4NW1/4 of Section 5, T.5 S., R. 85 W., of the

6th

P.M. The right abutment of the dam will be located at a point whence the witness corner to the NW corner of said Section 5 bears

N. 68 degrees 07’ W. a distance of 3,024 feet. This point can be plotted as 1,082 feet from the North section line and 2,468 feet from

the East section line of said Section 5. (c) Source: Surface and groundwater tributary to the Eagle River. (d) Appropriation date: June

28, 1989. (e) Amount: 40 acre feet, with the right to fill and refill the reservoir continually whenever the right is in priority, however

no more than 242 acre feet of cumulative storage shall occur in any given calendar year. (f) Use: Industrial, landscape irrigation,

recreational, piscatorial and augmentation. 4. Detailed outline of work done to complete project and apply water to beneficial use:

Applicant has undertaken the following specific activities over the last six years that demonstrate its diligence with regard to the

subject conditional right: The subject conditional right is part of an overall water augmentation plan originally decreed in Case No.

89CW132, as amended and restated by a decree in Case No. 02CW391 entered on May 1, 2005. The subject conditional water storage

right will allow releases of on-site augmentation water to replace depletions from Applicant’s well system in the event of an extended

call from water rights on the Eagle River. Such an extended call has not yet occurred but may in the future. (a) Applicant engaged

engineers to dig test pits at the pond site to analyze soil properties, water table levels, and other local conditions, and to prepare

preliminary designs for the pond, dam, spillway and outlets. (b) By decree in Case No. 11CW58 entered on March 13, 2013,

Applicant obtained findings of reasonable diligence with respect to both he Applicants’ Eagle Gypsum Wellfield, which wells would

among the structures to be augmented by the subject conditional water storage right, and the Eagle River Intakes which would divert

water for storage in the Eagle River Reservoir No. 1. (c) By decree in Case No. 17CW3118 entered on November 12, 2017, Applicant

obtained findings of reasonable diligence with respect to the Eagle Gypsum Exchange which would also provide water for storage in

the Eagle Gypsum Reservoir No. 1. (d) Applicant continues to operate and improve the water supply system of which the subject right

is an integral feature. (e) Applicant has maintained in full force and effect contracts for 270 acre feet of water each from Green

Mountain Reservoir and Wolford Mountain Reservoir, which can be stored in the subject reservoir by exchange. (4 pages)






CO 81601.






17CW3239 COLORADO RIVER, MESA COUNTY, APPLICATION FOR CHANGE OF WATER RIGHT, Ute Water

Conservancy District, acting by and through the Ute Water Activity Enterprise (“Applicant”);Attn: Steve Ryken, Assistant Manager,

2190 H ¼ Road, Grand Junction, CO 81505, 970-242-7491, [email protected]. c/o Kirsten M. Kurath, 744 Horizon Court, Suite

115, Grand Junction, CO 81506, 970-242-6262, [email protected] and Mark A. Hermundstad, General Counsel, Ute Water




PAGE 5

Conservancy District, P.O. Box 460, Grand Junction, CO 81502, 970 256-2856, [email protected] Structure: Bridges

Switch Pumping Plant and Pipeline (Bridges Switch Right”). Original Decree: January 25, 1982; Case No: 81CW222; District Court,

Water Div. 5. Relevant Subsequent Decrees: Decrees finding diligence have been entered as required by statute since the original

decree was entered for this water right. The last diligence decree was entered on March 8, 2012, in Case No. 11CW53, District Court,

Water Div. 5. Legal Description: The point of diversion is located on the North bank of the Colorado River at a point whence the

Northwest Corner of Section 8, T. 1 S., R. 2 E., Ute Meridian, bears N. 00°23’11” W. 2,699.5 feet. The decreed location of the point

of diversion is shown on Figure 1, attached to the Application. Source: Colorado River. App. Date: June 2, 1981. Amount: 30.0

c.f.s., conditional. Uses: Municipal, domestic, irrigation, mechanical, manufacturing, generation of power, fire protection, sewage

treatment, street sprinkling, watering of parks, lawns and grounds, and maintaining municipal reserves. Amount Applicant Intends to

Change: 30.0 c.f.s., conditional. Description of Proposed Changes: Ute Water Conservancy District (“District”) is a water

conservancy district located in Mesa County, Colorado, organized and existing under the Water Conservancy Act, Sections 37-45-101

et seq., C.R.S. The Ute Water Activity Enterprise (“Enterprise”) is a water activity enterprise established by the District for the

purpose of pursuing, continuing and conducting all of the water activities of the District. The Applicant in this case is the District,

acting by and through the Enterprise. Applicant requests that the decree for the Bridges Switch Right be changed to allow the Bridges

Switch Right to be diverted at the following alternate point of diversion (the “Alternate POD”): A point on the Colorado River located

approximately 1,519 feet South of the North section line and 319 feet West of the East section line of Section 3, Township 11 South,

Range 98 West, 6th Principal Meridian. The UTM coordinates for the Alternate POD are as follows: Northing: 4334833.892 meters;

Easting: 731315.003 meters. These coordinates are based on the UTM, Zone 12, NAD83 coordinate system and were developed

using Trimble survey- grade GPS equipment. The location of the Alternate POD is shown on Figure 2, attached to the Application.

The Alternate POD is located at Applicant’s Colorado River pumping station, identified in the records of the Division of Water

Resources as the Rapid Creek Pumping Plant, Structure ID No. 1329. The water diverted at the Alternate POD will be used within the

boundaries of the District, as such boundaries may be expanded in the future, in Mesa County, Colorado, and within the boundaries of

other political subdivisions within Mesa County, Colorado, with which the District has or may have agreements to provide water or

water service. A map showing the District’s current boundaries is attached to the Application as Figure 3. The water diverted at the

Alternate POD will be used for the purposes described in the original decree for the Bridges Switch Right, entered in Case No.

81CW222. It is not known at this time precisely how the boundaries of the District may be expanded in the future, but Section 37-45-

136, C.R.S., provides that the boundaries may be changed and additional areas, either contiguous or noncontiguous to the District,

may be included within the District for service. In addition, Section 37-83-106, C.R.S., provides that a water conservancy district may

enter into cooperative agreements with other political subdivisions for the lease or exchange of water for use outside of the district’s

boundaries. The Colorado Water Conservation Board (“CWCB”) holds an instream flow water right in the amount of 581 c.f.s. for the

period from July 1 through September 30 of each year, adjudicated by decree entered on September 2, 1997, in Case No. 92CW286,

District Court, Water Division 5 (“ISF Right). The ISF Right includes a portion of the Colorado River between the Original POD for

the Bridges Switch Right and the Alternate POD. In order to prevent injury to the ISF Right from the change requested in this

Application, Applicant agrees that it will not divert water under the Bridges Switch Right at the Alternate POD during the period from

July 1 through September 30 of each year when and to the extent that such diversion would cause the flows in the Colorado River

between the Original POD and the upper terminus of the ISF Right (the “Affected ISF Reach”) to be less than 581 c.f.s. For purposes

of this limitation, flows in the Affected ISF Reach shall be measured at a location within the Affected ISF Reach designated by

CWCB at which a gage or other measuring device approved by the Division Engineer is located. The current point of measurement

for the ISF Right is located at the USGS Gaging Station No. 09106150, Colo River Below Grand Valley Div Nr Palisade, CO. Any

new or replacement gage or measuring device for the measurement and administration of the ISF Right in the Affected ISF Reach

shall be subject to the requirements of the Division Engineer, as set forth in the decree for the ISF Right. The provisions of this

Paragraph 3.D. shall not modify, amend, supersede or otherwise affect any of the provisions of the decree for the ISF Right entered in

Case No. 92CW286. The Bridges Switch Right is a conditional water right. Accordingly, there have not historically been any

diversions under the Bridges Switch Right. Names and addresses of owners of the land upon which 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: The Alternate POD for the Bridges Switch Pumping Plant and Pipeline is

located on land owned by the Colorado Department of Transportation, Region 3, 222 South 6th Street, Grand Junction, CO 81501.

Applicant requests that the Court enter a decree approving the changes to the Bridges Switch Right and granting such other relief as

the Court deems proper. (9 pages)






CO 81601.





PAGE 6



affected rights must appear to object and protest within the time provided by statute, or be forever barred. 17CW3240 IN GARFIELD COUNTY, COLORADO. APPLICATION FOR CORRECTION OF AN ESTABLISHED BUT

ERRONEOUSLY DESCRIBED POINT OF DIVERSION. Concerning the Application for Water Rights of Dancing Bear Ranch,

LLC. Name and Address of Applicant: Dancing Bear Ranch, LLC, 353 Rosery Rd., Bellair, FL 33756. Please direct all pleadings and

correspondence to: Anne Marie McPhee, Oates, Knezevich, Gardenswartz, Kelly & Morrow, P.C., 533 E. Hopkins Ave., 3rd

Floor,

Aspen, CO 81611, [email protected], (970) 920-1700. Name of Structure: Dancing Bear Spring No. 1. Date of Original Decree:

3/29/2004. Case No. 02CW387. Court Water Div. 5. Legal Description: The point of diversion is in the SE 1/4, NW 1/4, Sec. 34, T. 9

S., R. 86 W. of the 6th P.M. at a point 1480 ft from the N. section line and 2165 ft from the W. section line in Pitkin County,

Colorado. Source: A spring tributary to Snowmass Creek, tributary to the Roaring Fork River, tributary to the Colorado

River. Approp. Date: 11/19/2002. Decreed Amt: 0.25 cfs, cond. Use: Irrigation of ten acres located in the E1/2, NW 1/4 and W1/2,

NE 1/4 of Section 34, T. 9 S., R. 86 W of the 6th P.M. Detailed description of proposed correction to an established but erroneously

described point of diversion: Applicant seeks to correct the described point of diversion for the Dancing Bear Spring No. 1, which has

been determined to be more than 200 feet from its decreed location. Corrected point of diversion: The SW 1/4, NW 1/4, of Section

35, T. 9 S., R. 86 W., of the 6th PM, with UTM coordinates of 329821 easting and 4343945 northing, located in Zone 13. Street

Address of Property: 8500 Snowmass Creek Rd, Snowmass, CO 81654. Name and address of owner of the land upon which any

modification to any existing diversion structure is constructed: Applicant.






CO 81601.






17CW3241 EAGLE COUNTY Amended Application for Reasonable Diligence. Name and Address of Applicant: Town of

Eagle; please direct all correspondence to Applicant’s attorney: Mary Elizabeth Geiger, Garfield & Hecht, P.C., 901 Grand Ave., Suite

201, Glenwood Springs, CO 81601, (970) 947-1936, [email protected]; Applicant requests findings of reasonable

diligence with regard to the following water right. Town of Eagle, Colorado, Brush Creek Intake Prior Decrees: Case No. W-3678,

District Court in and for Water Division No. 5, originally entered by this Court on December 16, 1982. Subsequent findings of

reasonable diligence: Case Nos. 10CW215, 03CW328, 96CW104, 89CW250 and 85CW300, District Court in and for Water Division

No. 5. Location: Point of Diversion No. 1 is located on East Brush Creek in Section 18, Township 6 South, Range 83 West of the 6th

P.M., at a point whence the Northeast Corner of said Section 18 bears N. 79°00’ East 3,340 feet. Such location is also described as a

point in the NW ¼ NE ¼ of Section 18, Township 6 South, Range 83 West of the 6th

P.M., approximately 670 feet from the North

Section line and 3270 feet from the East section line of said Section 18 (Section 18 is an irregular section). Point of Diversion No. 2

is located on West Brush Creek in Section 18, Township 6 South, Range 83 West of the 6th

P.M, at a point whence the Northeast

Corner of said Section 18 bears N. 79°30’ East 6,300 feet. Such location is also described as a point in the NW ¼ NW ¼ of Section

18, Township 6 South, Range 83 West of the 6th

P.M. approximately 1210 feet from the North Section line and 1260 feet from the

West Section line of said Section 18 (Section 18 is an irregular section). Appropriation Date: November 30, 1977. Source: East Brush

Creek and West Brush Creek, tributary to Brush Creek, tributary to the Eagle River, tributary to the Colorado River. Amount: 10 c.f.s.,

conditional, at each point. Uses: municipal, irrigation, domestic, manufacturing, commercial, industrial, mechanical, fire protection,

power generation, fish and wildlife propagation and recreational purposes. Name and address of owner of land upon which wells will

be located: Point of Diversion No. 1 is located on property of the State Board of Land Commissioners, 1127 Sherman Street, Suite

300, Denver, CO 80203. Point of Diversion No. 2 is located on property of the Colorado State Parks, 1313 Sherman Street, Suite 618,

Denver, CO 80203. Applicant requests findings of reasonable diligence with regard to the following conditional water right: Town of

Eagle, Colorado, Gravity Water System, Second Enlargement. Prior Decrees: Case No. W-3362, District Court in and for Water

Division No. 5, originally entered by this Court on December 30, 1977. Subsequent findings of reasonable diligence: Case Nos.

11CW17, 03CW156, 96CW023, and 89CW193, District Court in and for Water Division No. 5. Location: the point of diversion is

located at a point on the easterly bank of Brush Creek, whence Corner No. 4 of Tract 86, Sections 35 and 36, Township 5 South,

Range 84 West of the 6th

P.M. bears N. 26°49’20”E, 1062.99 feet; also described as a point in the NW ¼ NE ¼ of Section 1,

Township 6 South, Range 84 West of the 6th

P.M. at a point approximately 940 feet from the North Section line and 2630 feet from

the East Section line. Source: Brush Creek, tributary to the Eagle River, tributary to the Colorado River. Appropriation date: January

28, 1977. Amount: 7.0 c.f.s., conditional, of which 0.6 c.f.s. was made absolute in Case No. 96CW23 and an additional 1.64 c.f.s. was




PAGE 7

made absolute in Case No. 11CW17 leaving 4.76 c.f.s. conditional. Uses: all municipal uses including irrigation, domestic, industrial,

commercial, recreational, fish and game and wildlife propagation, mechanical, fire protection, maintenance of municipal system

storage reserves, and exchange and replacement purposes. Owner of land upon which point of diversion will be located: Applicant.

Remarks: The water rights decreed to the Town of Eagle, Colorado, Gravity Water System, First Enlargement were made fully

absolute by decree entered by this Court in Case No. 96CW23. The Amended Application includes a detailed description of activities

undertaken during the diligence period toward the application of the above described water rights to beneficial use: The Town of

Eagle, Colorado, Brush Creek Intake and Town of Eagle, Colorado, Gravity System, Second Enlargement are components of the

integrated water supply system for the Town of Eagle such that diligence on any one component counts as diligence toward all. (6

pages)






CO 81601.






17CW3242 EAGLE COUNTY. Application for Findings of Reasonable Diligence; Name and Address of Applicant: Town of

Eagle; please direct all correspondence to Applicant’s attorney: Mary Elizabeth Geiger, Garfield & Hecht, P.C., 901 Grand Ave.,

Suite 201, Glenwood Springs, CO 81601, (970) 947-1936, [email protected]; Applicant requests findings of reasonable

diligence with regard to the following water right. Hat Creek Feeder Canal. Prior Decrees: Civil Action No. 1529, District Court in

and for Water Division No. 5, originally entered by this Court on July 9, 1979. Subsequent findings of reasonable diligence: Case Nos.

10CW216, 03CW239, 95CW49 and 88CW85, District Court in and for Water Division No. 5. Location: the point of diversion is at a

headgate located at a point on the right bank of Hat Creek whence the South one quarter corner of Section 22, Township 6 South,


P.M. bears South 87°01’ Easst a distance of 1,442 feet. Such location is also described as a point in the SW

¼ SW ¼ of Section 22, Township 6 South, Range 83 West of the 6th

P.M. approximately 60 feet from the South section line and 1190

feet from the West section line. Appropriation Date: June 10, 1966. Source: Hat Creek, tributary to East Brush Creek, tributary to

Brush Creek, tributary to the Eagle River, tributary to the Colorado River. Amount: 27.0 c.f.s., conditional. Uses: to supply water for

storage for irrigation, domestic, municipal, industrial and other beneficial uses and purposes. Name and address of owner of land upon

which point of diversion will be located: U.S.F.S., White River National Forest, 900 Grand Ave., Glenwood Springs, CO 81601.

Applicant requests findings of reasonable diligence with regard to the following conditional water right: Nolan Creek Feeder

Canal. Prior Decrees: Civil Action No. 1529, District Court in and for Water Division No. 5, originally entered by this Court on July

9, 1979. Subsequent findings of reasonable diligence: Case Nos. 10CW216, 03CW239, 95CW49 and 88CW85, District Court in and

for Water Division No. 5. Location: the Nolan Creek Feeder Canal has two alternate points of diversion and two headgates, located as

follows: (1) Headgate No. 1, located at a point on the left bank of Nolan Creek whence the Southwest corner of Section 15, Township

6 South, Range 83 West of the 6th

P.M. bears South 88°25’ West a distance of 1,810 feet. Such location is also described as a point in

the SE ¼ SW ¼, Section 15, Township 6 South, Range 83 West of the 6th

P.M. approximately 70 feet from the South section line and

1810 feet from the West section line. (2) Headgate No. 2, located at a point on the left bank of an unnamed tributary of East Brush

Creek whence the South one quarter corner of Section 22, Township 6 South, Range 83 West of the 6th

P.M. bears South 50°12’ West

a distance of 1,087 feet. Such location is also described as a point in the SW ¼ SE ¼, Section 22, Township 6 South, Range 83 West

of the 6th

P.M. approximately 710 feet from the South section line and 1810 feet from the East section line. Source: Nolan Creek and

an unnamed tributary to East Brush Creek, both tributary to East Brush Creek, tributary to Brush Creek, tributary to the Eagle River,

tributary to the Colorado River. Appropriation date: June 10, 1966. Amount: 38.0 c.f.s., conditional. Uses: to divert water for storage

for irrigation, domestic, municipal, industrial and other beneficial uses and purposes. Owner of land upon which points of diversion

will be located: U.S.F.S. White River National Forest, 900 Grand Ave., Glenwood Springs, CO 81601. Applicant requests findings of

reasonable diligence with regard to the following water right. Yeoman Park Reservoir. Prior Decrees: Case No. 81CW348, District

Court in and for Water Division No. 5, originally entered by this Court on June 18, 1986. Subsequent findings of reasonable diligence:

Case Nos. 11CW99, 02CW303 and 96CW164, District Court in and for Water Division No. 5. Location: the dam intersects the right

abutment at a point whence the N ¼ corner of Section 27, Township 6 South, Range 83 West of the 6th

P.M. bears North 35°45’ West

1652 feet also being described as 1318 feet from the North section line and 1649 feet from the East section line of said Section 27.

Appropriation Date: July 29, 1981. Source: the direct flow of East Brush Creek and tributaries of the same upstream from said

damsite, diverted flow from Nolan Creek and unnamed tributaries of East Brush Creek through the Nolan Feeder Canal and Hat Creek

through the Hat Creek Feeder Canal, tributary to the Eagle River, tributary to the Colorado River. Amount: 6700 acre feet, conditional.

Proposed uses: irrigation, recreation, municipal, domestic and industrial purposes.



PAGE 8

Name and address of owner of land upon which point of diversion will be located: U.S.F.S., White River National Forest, 900 Grand

Ave., Glenwood Springs, CO 81601. The Application includes a detailed description of activities undertaken during the diligence

period toward the application of the above described water rights to beneficial use. The Hat Creek Feeder Canal, Nolan Creek Feeder

Canal and Yeoman Park Reservoir are components of the integrated water supply system for the Town of Eagle such that diligence on

any one component counts as diligence toward all.






CO 81601.





affected rights must appear to object and protest within the time provided by statute, or be forever barred. 17CW3243 (07CW226) APPLICATION FOR FINDINGS OF REASONABLE DILIGENCE AND TO MAKE CONDITIONAL

WATER RIGHT PARTIALLY ABSOLUTE. In SUMMIT COUNTY. 1. Applicant: Board of County Commissioners of Summit

County (“SUMMIT COUNTY”), c/o Scott Vargo, County Manager, Post Office Box 68, Breckenridge, Colorado 80424. Copies of

all pleadings to: Charles B. White, Thomas W. Korver, Petros & White, LLC, 1999 Broadway, Suite 3200, Denver, CO 80202, Phone:

(303) 825-1980. Claim for Findings of Reasonable Diligence. 2. Name of water right: Summit County Old Dillon Reservoir

Exchanges. 3. Description of conditional rights of exchange: Pursuant to §§ 37-80-120, 37-83-104 & 37-92-302(1)(a), C.R.S.,

Summit County has adjudicated conditional appropriative rights of exchange whereby water in storage that is available to Summit

County is delivered to the Blue River in order to supply downstream appropriators, and an equivalent amount of water is diverted at

the headgate of the Dillon Ditch on Salt Lick Gulch, tributary to the Blue River, for storage in an enlarged Old Dillon Reservoir, as

more fully described herein (the “Exchanges”).A. Date of original decree: The original decree for the Exchanges was issued on

December 28, 2011 in Case No. 07CW226, District Court, Water Division No. 5 (the “Decree”). B. Subsequent diligence decree:

n/a. C. Appropriative rights of exchange: The upstream and downstream termini of the Exchanges are depicted on the map attached

to the application as Exhibit A, available for inspection at the office of the Division 5 water clerk or Colorado Courts E-Filing. i.

Location of structures and exchange reach: Upstream Terminus: The upstream terminus of the Exchanges is the point of diversion for

the Dillon Ditch, located on the south bank of Salt Lick Gulch at a point whence the SE corner of Section 14, T.5 S., R.78 W. of the

6th

P.M. bears South 81 degrees 58’ East 1832 feet; also described as a point located in the SW ¼ of the SE ¼ of Section 14, Township

5 South, Range 78 West of the 6th

P.M., approximately 260 feet from the South section line and 1,910 feet from the East section line

of said Section 14. The exchanged water diverted at the Dillon Ditch headgate will be stored in Old Dillon Reservoir, located in the

SW1/4 SE1/4 and SE1/4 SW1/4 of Section 13, T.5 S., R.78W. of the 6th

P.M. in Summit County, Colorado. Downstream terminus:

The downstream terminus of the Exchanges is the confluence of Salt Lick Gulch and the Blue River, in the SW1/4 SE1/4 of Section

12, T.5.S., R.78 W. of the 6th

P.M., Summit County, Colorado, at a point approximately 995 feet from the South line and 2305 feet

from the East line of said Section 12. ii. Source of Water for Exchanges. The substitute/replacement source for the Exchanges is

water from three sources: a. Water stored in Clinton Gulch Reservoir, pursuant to Applicant’s shares in the Clinton Ditch &

Reservoir Company. The water right for Clinton Gulch Reservoir was initially decreed by the District Court in and for Water Division

No. 5 in Case No. W-2559 for 4,250 acre feet for industrial, domestic, irrigation, recreation, and fish and wildlife propagation uses.

An additional right was subsequently decreed in Case No. 92CW65 for an enlarged use and second filling for domestic, municipal,

irrigation, industrial, snowmaking, recreation, fish and wildlife propagation, and augmentation purposes. The Clinton Gulch

Reservoir is operated pursuant to and entitled to the benefits of the Clinton Reservoir-Fraser River Water Agreement dated July 21,

1992 (the “Clinton Agreement”) between Summit County, Denver Water, and other parties. The source of Clinton Gulch Reservoir is

Clinton Creek, tributary to Ten Mile Creek, a tributary of the Blue River, and the dam is located at a point in the SW1/4 NW1/4 of

Section 25, T.7.S., R.79W., 6th P.M. at a point whence the North quarter corner of said Section 25 bears N. 3351’50” E. 2840.44 feet.

As the owner of 1,550 shares of stock in the Clinton Ditch & Reservoir Company, Summit County is entitled to the annual release of

155 acre feet of water from Clinton Gulch Reservoir. Additional shares of stock in the Company that are now owned by Summit

County are not a decreed source of the Exchanges and are not subject to this application. b. Water stored in Dillon Reservoir, to

which the applicant is entitled pursuant to agreements between the Applicant and Denver Water. The storage right was decreed by the

District Court of Summit County, Water District No. 36, in Civil Action Nos. 1805 and 1806, dated March 10, 1952, and confirmed

by the United States District Court for the District of Colorado in Consolidated Case Nos. 2782, 5016 and 5017, dated October 12,

1955, in the amount of 252,678 acre feet for irrigation and municipal uses, including domestic use, mechanical use, manufacturing

use, fire protection, street sprinkling, watering of parks, lawns and grounds. The sources of water stored in Dillon Reservoir are the

Blue River, the Snake River, and Ten Mile Creek, all tributaries of the Colorado River. A refill right for the Dillon Reservoir was

adjudicated in Case No. 87CW376, District Court in and for Water Division No. 5, dated February 13, 1997, in the amount of 175,000


PAGE 9

acre feet for all municipal uses, including domestic use, mechanical use, manufacturing use, fire protection, street sprinkling, watering

of parks, lawns and grounds, and flood control. Summit County is entitled to 35.31 acre feet of said Dillon Reservoir storage water

pursuant to Paragraph 6(b) of the agreement dated September 18, 1985 between Summit County and Denver Water, as amended by

letter agreement dated November 13, 1986 (the “Summit County Agreement”), recorded at Reception No. 357033 of the Summit

County real property records. In addition, pursuant to the Clinton Agreement and to the Future Dillon/6(B) Agreement dated

December 3, 2003 between Summit County and Denver Water, Summit County has converted 98.14 acre feet of the water available to

it under the Summit County Agreement to Dillon Reservoir storage water. The release of the Applicant’s Dillon Reservoir water for

exchange use under this Ruling and Decree is subject to the Applicant’s compliance with the relevant requirements of the Clinton

Agreement, the Summit County Agreement, and the Future Dillon/6(b) Agreement. Denver Water will not release from Dillon

Reservoir for use in the Exchanges any water described in this paragraph 3.C.ii.b that, during the same water year, has been

specifically committed, and is necessary, to replace upstream out-of-priority depletions to Dillon Reservoir pursuant to the Applicant’s

augmentation plan decree in Case No. 95CW122, Water Division No. 5. Additional water stored in Dillon Reservoir to which Summit

County is entitled pursuant to other agreements with Denver Water is not a decreed source of the Exchanges and is not subject to this

application. c. Water stored in the “West Slope Account” of the Upper Blue Reservoir, to which Applicant may be entitled pursuant

to the terms of the May 15, 2003 Memorandum of Agreement between Applicant, Colorado Springs Utilities, and other parties,

subject to the terms of any decree that may be entered in Case No. 03CW320, Water Division No. 5; and one or more contracts

between Applicant and the Colorado River Water Conservation District. Summit County is entitled to contract for the release of up to

100 acre feet of said Upper Blue storage water pursuant to the aforementioned Agreement. The dam of Upper Blue Reservoir is

located across the channel of the Blue River, a natural stream, tributary to the Colorado River in Water District No. 36. The initial

point of survey is located a point whence the Northeast corner of Section 3, Township 8 South, Range 78 West of the 6th Principal

Meridian bears North 66 30’ East 3,728 feet. Water exchanged from this source may include reusable effluent and return flows from

the use of this water by the County or its contractees. D. Appropriation date: December 11, 2007. E. Amount: 8 c.f.s., conditional,

with a total volumetric limit on the exchange of 388 acre feet per year, conditional. F. Use: The water diverted by exchange will be

used for municipal, domestic, commercial, irrigation, industrial, snowmaking, augmentation, replacement, exchange, recreation,

piscatorial, and wildlife watering, with the right of reuse, successive use, and disposition to extinction. Use of the water right for

augmentation shall only occur pursuant to a substitute supply plan approved by the State Engineer or a plan for augmentation

approved by the Water Court. 4. Terms and conditions. Applicant’s operation of the Exchanges shall be subject to the following

additional terms and conditions: A. Live stream. The Exchanges may be operated only when there is a live surface stream within the

entire applicable exchange reach; provided, however, that the Exchanges can call out any diversions junior to such exchanges to

maintain a live stream. B. Amount of exchange/transmission losses. The amount of water diverted by exchange by Summit County

shall be equal to the amount of water released for replacement, less a reasonable deduction for loss, if any there be, to be determined

by the State Engineer pursuant to C.R.S. § 37-83-104. The Exchanges shall be limited to the amount of consumable water available

from the sources listed in paragraphs 6.B.i-iii, not to exceed 8 c.f.s. at any time, and 388 acre feet annually. C. Water quality. The

replacement water shall be of a quality and continuity to meet the requirements of use to which the senior appropriation involved in

the exchange has normally been put. D. Accounting. Applicant, either individually or as a member of the Old Dillon Reservoir

Water Authority (“Authority”), shall install and properly maintain at Summit County’s or the Authority’s expense such meters or

other measuring devices as may be reasonably required by the Division Engineer. The Authority, on behalf of Summit County, shall

maintain accurate accounting on a daily basis of all water exchanged pursuant to the Decree and submit reports as reasonably

requested by the Division Engineer, but no less frequently than annually. E. Accounting Year. The accounting year for administration

of the water rights adjudicated in the Decree shall be April 1 through March 31 of the following year, unless modified by agreement of

the Applicant and Division Engineer. F. Notification. Applicant shall notify the Water Commissioner and Denver Water prior to

initiating and terminating the Exchanges. 5. Limitations on use of water. In accordance with a stipulation between Summit County

and the Upper Blue Sanitation District (“the District”) in Case No. 07CW226, the appropriative rights of exchange adjudicated in the

Decree are subject to the following limitations: A. The Decree does not adjudicate any right of exchange from Old Dillon Reservoir

to points located in the Blue River basin upstream of Dillon Reservoir. B. Summit County will not use water stored in Old Dillon

Reservoir pursuant to the appropriative rights of exchange that are the subject of the Decree as a source of the rights of exchange to

any point of diversion or depletion in the Upper Blue River basin and Swan River basin that were adjudicated in paragraphs 6.a.(i)-(iv)

and 6.b.(i)-(iv) of the Summit County plan for augmentation in Case No. 95CW122, Water Division No. 5, on May 10, 2004. Summit

County will not use water stored in Old Dillon Reservoir pursuant to the appropriative rights of exchange that are the subject of the

Decree as a source of replacement water for any diversion or depletion in the Swan River basin or the Upper Blue River basin above

Dillon Reservoir unless a separate right of exchange of such water has been adjudicated in accordance with subparagraph C below. C.

Any use of water stored in Old Dillon Reservoir pursuant to the appropriative rights of exchange that are the subject of the Decree as a

source of exchange or replacement water for any diversion or depletion in the Swan River basin or the Upper Blue River basin above

Dillon Reservoir will be: (a) the subject of a separate water court application, which the District would have an opportunity to oppose;

and (b) junior in priority to (1) the minimum stream flow water rights held by the Colorado Water Conservation Board in the Blue

River and (2) the District’s water rights decreed in Case Nos. 92CW300 and 96CW255. Any such exchange or replacement must

provide the replacement water in the time, place and amount to prevent injury to any senior water right. 6. Evidence of Reasonable

Diligence: The Exchanges are part of an integrated system for supplying the water demands of Summit County. Other elements of


PAGE 10

the integrated system include the replacement water sources described above, associated water rights and contract rights, and the water

rights and conditional water rights decreed to Old Dillon Reservoir in Case Nos. 93CW288, 07CW223, 08CW201, 08CW202, and

12CW171, Water Division No. 5. The application contains a summary of specific projects and work undertaken during the diligence

period (from January 1, 2012 to December 31, 2017) in furtherance of the Exchanges and is available for inspection at the office of the

Division 5 water clerk or via Colorado Courts E-Filing. The list is not intended to be all inclusive and may be supplemented by

additional evidence at any hearing in this matter. 7. Can and will. The remaining conditional amounts of the Exchanges can and will

be diverted, stored, or otherwise captured, possessed, and controlled, and will be beneficially used, with diligence in a reasonable time.

C.R.S. § 37-92-305(9)(b). Claim to Make Conditional Rights of Exchange Partially Absolute. 8. Exercise and beneficial use of

conditional rights of exchange: A. Date, amount, and use of water applied to beneficial use: The Exchanges were applied to

beneficial use in the amount of 7.35 c.f.s. of the decreed 8 c.f.s. and 153.4 acre-feet of the decreed 388 acre-feet, for all decreed

purposes as of November 30, 2017. B. The application shall include supporting evidence that applicant diverted water in-priority and

applied such water to the beneficial uses claimed in the amounts claimed. (For example, diversion records, call records, capacity

tables, etc.) Exhibit B, attached to the application and is available for inspection at the office of the Division 5 water clerk or via

Colorado Courts E-Filing, contains accounting records reflecting the exercise of the Exchanges. C. Description of place of use where

water is applied to beneficial use. Water stored pursuant to stored pursuant to the Exchanges is used in Summit County, Colorado. D.

As provided in C.R.S. § 37-92-301(4)(e), the conditional water right for Exchanges shall be made absolute for all decreed purposes to

the extent of the volume of the appropriation that has been captured, possessed, and controlled at the decreed storage structure. 9.

Names, and addresses of owners or reputed 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: Old Dillon Reservoir is located on land owned by the United States Forest Service, Dillon

Ranger District, P.O. Box 620, Silverthorne, CO 80498. WHEREFORE, Summit County respectfully requests that this Court enter

Findings of Fact, Conclusions of Law, and a Judgment and Decree: (1) finding that Summit County has been reasonably diligent in the

development of the Exchanges as described in the preceding paragraphs; (2) making the Exchanges absolute in the amount of 7.35

c.f.s. of the decreed 8 c.f.s., and 153.4 acre-feet of the decreed 388 acre-feet, for all decreed purposes; (3) continuing the remaining

conditional rights of exchange in full force and effect; and (4) granting such other relief as may be appropriate.






CO 81601.






17CW3244 SUMMIT COUNTY. Town of Dillon, 275 Lake Dillon Drive, PO Box 8, Dillon, Colorado 80435, (970) 262-3408 c/o

Steven P. Jeffers, Madoline Wallace-Gross, Lyons Gaddis Kahn Hall Jeffers Dworak & Grant, PC, 363 Centennial Parkway, Suite

110, Louisville, Colorado 80027, (720) 726-3671. APPLICATION FOR CONDITIONAL APPROPRIATIVE RIGHTS OF

EXCHANGE. 2. Name of conditional appropriative rights of exchange: a. 2017 Dillon Exchange to Blue River Intake; b. 2017 Dillon

Exchange to Laskey Gulch Diversion; c. 2017 Dillon Exchange to Dillon Ditch; 3. Description of exchanges: Applicant seeks to

adjudicate appropriative rights of exchange pursuant to Sections 37-80-120, 37-83-104, and 37-92-302(1)(a), C.R.S. by delivering

water to the Blue River and diverting an equivalent amount of water at the Dillon Blue River Intake, Dillon Laskey Gulch Diversion

and Straight Creek Diversion, and Dillon Ditch. 4. Location of structures and exchange reaches: All structures and exchange reaches

are located in Summit County. A map showing the general location of the structures and exchange reaches is attached as EXHIBIT A.

5. Legal Description of each structure: a. 2017 Dillon Exchange to Blue River Intake: The exchange will be located on the Blue

River. Water may be diverted at the Dillon Blue River Intake in exchange for water delivered from Old Dillon Reservoir to Salt Lick

Gulch and then to the Blue River, or from Old Dillon Reservoir directly to the Blue River at Dillon Reservoir. i. The downstream

terminus of the exchange is the confluence of the Blue River and Salt Lick Gulch, which is located in the SW¼ SE¼ of Section 12,

T5S, R78W, 6th

P.M, 1,017 feet from the south line and 2,946 feet from the west line of Section 12. ii. The upstream terminus is the

Dillon Blue River Intake, decreed at a point or points within the high waterline of Dillon Reservoir as the Blue River passes through

Dillon Reservoir. The decreed location is in the S½ SE¼ of Section 7, the S½ SW¼ of Section 8, the N½ NE¼ of Section 17, or the

N½NE¼ of Section 18, T5S, R77W, all of the 6th

P.M. b. 2017 Dillon Exchange to Laskey Gulch Diversion: The exchange will be

located on the Blue River, Straight Creek and Laskey Gulch. Water will be diverted at the Town’s Laskey Gulch Diversion or

Straight Creek Diversion in exchange for water delivered from Old Dillon Reservoir to Salt Lick Gulch or from Old Dillon Reservoir

directly to the Blue River, or water released from Clinton Gulch Reservoir or Dillon Reservoir to the Blue River. i. The downstream

terminus is the confluence of the Blue River and Salt Lick Gulch described above. ii. The upstream terminus is the Town of Dillon


PAGE 11

Laskey Gulch Diversion located at a point on the right bank of Laskey Gulch, a tributary of Straight Creek, whence the W¼ corner of

Section 4, T5S, R77W of the 6th

P.M. bears S4346’55”W a distance of 1,457.90 feet. This point is in the SW¼ NW¼ of Section 4,

T5S, R77W of the 6th

P.M. approximately 1,587 feet from the north line and 1,009 feet from the west line of Section 4. iii. Applicant

may also divert water at the Town of Dillon Straight Creek Diversion Point located within the exchange reach at a point on the south

bank of Straight Creek whence the SW corner of §4, T5S, R77W, 6th

P.M., bears S1830’W a distance of 2,650 feet. This diversion is

located in the NW¼ SW¼ of Section 4, T5S, R77W of the 6th

P.M., at a point approximately 2,517 feet from the south line and 828

feet from the west line of Section 4. c. 2017 Dillon Exchange to Dillon Ditch: The exchange will be located on Salt Lick Gulch.

Water will be diverted through the Dillon Ditch in exchange for water released to the Blue River from Clinton Gulch Reservoir and

from Dillon Reservoir. i. The downstream terminus is the confluence of the Blue River and Salt Lick Gulch described above. ii. The

upstream terminus is the headgate of the Dillon Ditch located on the south or right bank of Salt Lick Creek at a point whence the SE

corner of Section 14, T 5 S, R 78 W of the 6th

P.M. bears S81o58’E 1,832 feet. This headgate is also described as being in the SW¼

SE¼ of Section 14, T5S, R78W of the 6th

P.M. at a point approximately 260 feet from the south line and 1,910 feet from the east line

of Section 14. Water may be delivered through the Dillon Ditch for direct use of for storage in Old Dillon Reservoir, including any

enlargements. 6. Water and Water Rights to be used for Exchange: The sources of water available to Applicant for exchange

include the following: a. Old Dillon Reservoir Third Enlargement: Old Dillon Reservoir Third Enlargement was decreed for 30 acre-

feet, conditional, in Case No. 08CW201, District Court, Water Division No. 5 on December 29, 2011. Applicant owns 26.25% of this

water right, which is 7.875 acre-feet, pursuant to deed dated July 2, 2012. The decreed filling rate is 10 cfs through the Dillon Ditch.

The reservoir is located in the SW¼ SE¼ and SE¼ SW¼ of Section 13, T5S, R78W of the 6th

P.M. The approximate location of the

SW end of Dam No. 1 is at a point whence the South quarter corner of said Section 13 bears South 27 degrees 30' East a distance of

600 feet, approximately 528 feet from the South section line and 2,346 feet from the West section line of said Section 13. The

approximate location of the SW end of Dam No. 2 is at a point whence the South quarter corner of said Section 13 bears South 64

degrees 30' West a distance of 250 feet, approximately 2,397 feet from the East section line and 111 feet from the South section line of

said Section 13. The source of water is Salt Lick Gulch, a/k/a Salt Lick Creek and precipitation and runoff flowing into Old Dillon

Reservoir. The appropriation date is December 16, 2008. The decreed uses are municipal, domestic, commercial, irrigation,

industrial, snowmaking, augmentation, replacement, exchange, recreation, piscatorial, and wildlife watering, with the right of reuse,

successive use, and disposition to extinction. Use of the water rights decreed herein for augmentation shall only occur pursuant to a

substitute supply plan approved by the State Engineer or a plan for augmentation approved by the Water Court. b. Old Dillon

Reservoir Fourth Enlargement: Old Dillon Reservoir Fourth Enlargement was decreed for 17.27 acre-feet, conditional, in Case No.

12CW171, District Court, Water Division No. 5 on August 19, 2013. Applicant owns 26.25% of this water right, which is 4.534 acre-

feet, pursuant to decree in Dillon’s name and agreement with Summit County and the Town of Silverthorne. The decreed filling rate

is 10 cfs through the Dillon Ditch. The location of Old Dillon Reservoir is described above. The source of water is Salt Lick Gulch,

a/k/a Salt Lick Creek and precipitation and runoff flowing into the reservoir. The appropriation date is October 15, 2010. The

decreed uses are the same as those decreed to the Third Enlargement. c. Old Dillon Reservoir Refill: Old Dillon Reservoir Refill was

decreed for 45 acre-feet, conditional, in Case No. 08CW201, District Court, Water Division No. 5 on December 29, 2011. Applicant

owns 26.25% of this water right, which is 11.8125 acre-feet, pursuant to deed dated July 2, 2012. The decreed filling rate is 10 cfs

through the Dillon Ditch. The location of Old Dillon Reservoir is described above. The source of water is Salt Lick Gulch, a/k/a Salt

Lick Creek and precipitation and runoff flowing into the reservoir. The appropriation date is December 16, 2008. The decreed uses

are the same as those decreed to the Third Enlargement. d. Clinton Gulch Reservoir: Clinton Gulch Reservoir was decreed by this

Court in Case No. W-2559 for 4,250 acre feet, conditional, from Clinton Creek, with an appropriation date of June 25, 1946, for

industrial, domestic, irrigation, recreation and fish and wildlife purposes. The water right was decreed absolute in Case No. 79CW049.

In Case No. 92CW065, this Court also decreed a use enlargement and second filling for Clinton Gulch Reservoir in the amount of

4,250 acre feet, conditional, from Clinton Creek, with an appropriation date of March 1, 1990, for domestic, municipal, irrigation,

industrial, snowmaking, recreation, fish and wildlife propagation and augmentation. Applicant is entitled to delivery of up to 24.45

acre-feet of water pursuant to its shares in the Clinton Gulch Reservoir Company, 4.45 acre-feet of which is included in this exchange.

Clinton Gulch Reservoir is located in the SW¼ NW¼ of Section 25, T7S, R79W, 6th

P.M., at a point whence the north quarter corner

of Section 25 bears N33°51’50”E 2,840.44 feet. That location is 2,260 feet from the north line and 900 feet from the west line of

Section 25. e. Dillon Reservoir: Pursuant to the Colorado River Cooperative Agreement (“CRCA”) with the City and County of

Denver acting by and through its Board of Water Commissioners (“Denver Water”), Applicant is entitled to delivery of up to 150

acre-feet of water per year from Dillon Reservoir under certain terms and conditions. Dillon Reservoir was decreed by the District

Court of Summit County, Water District No. 36, in Civil Action Nos. 1805 and 1806, dated March 10, 1952, and confirmed by the

United States District Court for the District of Colorado in Consolidated Case Nos. 2782, 5016 and 5017, dated October 12, 1955, for

252,678 acre feet for irrigation and municipal uses, including domestic use, mechanical use, manufacturing use, fire protection, street

sprinkling, watering of parks, lawns and grounds. The sources of Dillon Reservoir are the Blue River, the Snake River and Ten Mile

Creek, all tributaries of the Colorado River. A refill right for the Dillon Reservoir was adjudicated in Case No. 87CW376, District

Court in and for Water Division No. 5, dated February 13, 1997, in the amount of 175,000 acre feet for all municipal uses, including

domestic use, mechanical use, manufacturing use, fire protection, street sprinkling, watering of parks, lawns and grounds, and flood

control. Dillon Dam is located generally in portions of the NE¼ Section 13, T 5S, R 78W, and NW¼ Section 18, T 5S, R 77W, of the

6th

P.M. Applicant is required to provide Denver Water with replacement water for 105 acre-feet of the water as described in Articles


PAGE 12

III.A.4 and III.B.14 of the CRCA. The other 45 acre-feet does not require replacement. 7. Date of appropriation for all exchanges:

December 19, 2017. 8. How appropriations were initiated: Dillon initiated each of these conditional water rights by participating in

the formation of the Old Dillon Reservoir Water Authority, obtaining permits, designing and constructing the enlarged Old Dillon

Reservoir, adjudicating new storage rights for the enlarged capacity, and obtaining a deed for Dillon’s ownership interest in those

storage water rights. Dillon also participated in negotiations that resulted in the Colorado River Settlement with Denver Water and

Dillon’s right to additional water from Dillon Reservoir and Clinton Reservoir. The Dillon Town Council approved a resolution on

December 19, 2017, confirming its intent to initiate these appropriations and to authorize the filing of this application. 9. If a claim to

make absolute, date water applied to beneficial use: N/A. 10. Amount claimed: Each exchange is 5 cfs, conditional. The annual

volume for each exchange is: a. 2017 Dillon Exchange to Blue River Intake: 24.2215 acre-feet. b. 2017 Dillon Exchange to Laskey

Gulch Diversion: 178.665 acre-feet. c. 2017 Dillon Exchange to Dillon Ditch: 154.45 acre-feet. 11. Use or proposed use: All

municipal purposes, including domestic, commercial, irrigation, industrial, fire protection, recreation, piscatorial, wildlife watering,

lake level maintenance, augmentation, replacement, exchange, and all other municipal uses, including the right of reuse, successive

use, and disposition to extinction. Dillon claims the water for all such uses within its current and future town boundaries and all other

areas that may use the water by contract. 12. Names and addresses of owners of the land upon which the subject structures are

located: City and County of Denver, Denver Water Board, 1600 W. 12th

Avenue, Denver, CO 80204, United States Forest Service,

Rocky Mountain Region, 740 Simms St., Golden, CO 80401 ; United States Forest Service, Dillon Ranger District, P.O. Box 620

Silverthorne, CO 80498 13. Remarks: Dillon may also divert the water released from Clinton Gulch Reservoir or available in Dillon

Reservoir directly through the Dillon Blue River Intake or an intake structure from Dillon Reservoir to Old Dillon Reservoir without

the need for an exchange. WHEREFORE, Applicant respectfully requests the Court to enter a decree approving the conditional rights

of exchange.






CO 81601.






17CW3245 PITKIN COUNTY – CAPITOL CREEK, TRIBUTARY TO SNOWMASS CREEK AND ROARING FORK AND

COLORADO RIVERS. Scott Miller, Esq. and Danielle Van Arsdale, Esq., Patrick, Miller & Noto, P.C., 229 Midland Ave., Basalt,

CO 81621 (970) 920-1030. APPLICATION FOR CONDITIONAL WATER STORAGE RIGHT AND PLAN FOR

AUGMENTATION INCLUDING EXCHANGE. First Claim (Conditional Storage Right): Abundant Acres Pond. Legal: Section 4,

Township 9 S., Range 86 W. of the 6th

P.M.; UTM coordinates: Easting 0327889, Northing 4352385 (Zone 13). Source: Capitol

Creek, tributary to Snowmass Creek and Roaring Fork and Colorado Rivers, via Boram and White Ditch. Fill rate: 1.083 c.f.s.

Appropriation Date: July 21, 2016. Amount: 1.5 acre-feet conditional with right to fill and re-fill. Use: Irrigation of approximately 33

acres, recreation, aesthetic, fire protection and piscatorial; and irrigation control structure. Surface area: 0.28 acre. Height: Less than

10 ft. Length: 300 ft. Capacity: 1.5 acre-feet, 1.25 active and 0.25 dead storage. Second Claim (Augmentation Plan): Structures:

Abundant Acres Pond. Water Rights Used: Basalt Water Conservancy District allotment contract utilizing the District’s water

marketing supplies comprised of 0.7 acre-foot of the following: Green Mountain Reservoir, Reudi Reservoir, Troy Ditch and Edith

Ditch water rights, and/or the Robinson Ditch water rights all as more fully described in the Application. Statement of plan for

augmentation: Background: Applicant owns the 36.8 acre property shown on Figure 1 and described as Pitkin County Parcel No.

26450400005. It is in the process of constructing improvements to the property that include the Abundant Acres Pond described in the

First Claim above. Applicant plans to fill the pond under its junior priority each spring with water diverted out of Capitol Creek and

delivered via the Boram and White Ditch laterals currently located on Applicant’s property. Applicant will then continue to use water

delivered from the ditch to refill, provide freshening flows to, and replace evaporative losses at the pond. Whenever a valid and

administered call occurs on Capitol Creek, Applicant shall augment or administer the pond pursuant to this plan for augmentation.

Evaporation depletions: The total open surface area of the LD Pond is 0.28 acre. The average total annual evaporation from the pond

is 0.964 acre-feet. A summary of the evaporation calculation is on file with the court as Table 1. The pond will be lined if it is found to

intercept groundwater, and will therefore not create any delayed evaporation depletions. Operation of plan for augmentation: The

primary source of a potential mainstem call on the Colorado River is the “Cameo Call” for irrigation and agricultural water rights.

During a dry year, the Cameo Call can go on call for 7 days in April, May, and November; 14 days in June; and all of July-October.

Whenever a valid and administered call is made by a water right on the mainstem of the Colorado River below its confluence with the

Roaring Fork River, or on the Roaring Fork River below its confluence with the Fryingpan River, Applicant shall augment by

exchange all out-of-priority depletions at the Abundant Acres Pond through up to approximately 0.7 acre-foot of total releases


PAGE 13

(including a 10% transit loss) from the various BWCD water rights described above pursuant to its Water Allotment Contract. An

augmentation schedule is on file with the court as Table 2. The Third Claim below is for an appropriative right of exchange for the

reaches between the point of depletion on Capitol Creek and the downstream points of replacement on the Roaring Fork and/or

Colorado Rivers. Local calls: To date, neither Capitol Creek nor Snowmass Creek has ever been placed on call. However, senior

agriculture water rights on Capitol and Snowmass Creeks and/or the Colorado Water Conservation Board’s (CWCB’s”) instream flow

water rights on Snowmass Creek may begin to place calls in dry years going forward. Whenever a valid and administered call occurs

on Capitol Creek, Snowmass Creek, or the Roaring Fork River above its confluence with the Fryingpan River, Applicant shall curtail

all filling of the Abundant Acres Pond under its junior priority. Applicant shall equip the pond with a low level outlet to regulate the

volume of water storage, and an overflow spillway to convey excess flows back to the supply ditch. It shall also develop a stage-

capacity curve for the pond once it is constructed. Under the local call scenario, Applicant shall administer the pond by lowering the

pond level commensurate with evaporation as shown on Table 2, on file with the court, so that no out of priority consumption occurs

under the junior priority. Third Claim: Abundant Acres Pond Exchange. Downstream Termini: The points of replacement on the

Roaring Fork and/or Colorado Rivers of the BWCD’s water rights listed in paragraph 21 of the Application and described with

particularity as follows: For the exchange of Green Mountain Reservoir water: The confluence of the Roaring Fork and Colorado

Rivers, located in the SE ¼ NW ¼ of Section 9, Township 6 S., Range 89 W. of the 6th P.M., at a point approximately 2,200 feet from

the North section line and 2,350 feet from the West section line (Summit County). For the exchange of Ruedi Reservoir and/or Troy

and Edith Ditch water: The confluence of the Roaring Fork and Frying Pan Rivers located in the SW ¼ SE ¼ of Section 7, Township

8 S., Range 86 W. of the 6th P.M., at a point 647 feet from the South section line and 1,475 feet from the East section line (Eagle and

Pitkin Counties). For the exchange of Robinson Ditch water: The point of diversion for the Robinson Ditch on the Roaring Fork

River, located in the NW ¼ SE ¼ of Section 11, Township 8 S., Range 87 W. of the 6 P.M., at a point 2,307 feet from the South

section line and 2,309 feet from the East section line (Eagle County). Upstream Terminus: The headgate of the Boram and White

Ditch, described in paragraph 2.B.i above. A map of the exchange reaches is attached as Figure 2. Source: BWCD marketing supplies

described above. Appropriation Date: July 21, 2016. Field inspection, legal and engineering analysis, formulation of intent to apply

water to beneficial use. Rate: 0.01 c.f.s. conditional. Volume: 1.0 acre-feet per year. Plan of operation: The plan for augmentation

described in the Second Claim includes an appropriative right of exchange of the augmentation water released pursuant to a BWCD

Water Allotment Contract, extending from the lower termini to the upper terminus. Applicant shall operate the exchange only when it

is in priority. Remark: The Abundant Acres Pond Exchange and Abundant Acres Pond are component parts of an integrated water

supply project for Applicant’s property. Landowners where water is or will be put to beneficial use: Applicant. Maps of the above

water rights are on file with the court as Figure 1. Map of Exchange is on file with the court as Figure 2.






CO 81601.






17CW3246 MESA COUNTY. 1. Applicant. JASON AND ERIN ARTHUR (“Applicants”), 529 ½ Oakbrush Cir., Collbran, CO

81624, (970) 487-3037. Attorneys: John P. Justus, Karoline M. Henning, HOSKIN FARINA & KAMPF, Professional Corporation,

200 Grand Avenue, Suite 400, Post Office Box 40, Grand Junction, Colorado 81502. APPLICATION FOR CONDITIONAL

WATER RIGHT. 2. Name of Structure: Castle Peak Diversion. 3. General description of system: Water will be diverted from

Spring Creek into an underground pipeline constructed entirely on the Applicants’ property. The water will then flow through a micro-

hydroelectric generator which will be located approximately five feet from Spring Creek at the point of return. Water will then

naturally return to Spring Creek at UTM Zone 12, Easting 750174.37, Northing 4340998.73. 4. Legal description of alternative

points of diversion: a. UTM: Zone 12, Easting 750300.81, Northing 4340812.15; PLSS: SE1/4SE1/4 of Section 16, Township 10

South, Range 96 West of the Sixth Principal Meridian. b. UTM: Zone 12, Easting 750306.87, Northing 4340842.14; PLSS:

SE1/4SE1/4 of Section 16, Township 10 South, Range 96 West of the Sixth Principal Meridian. The approximate locations of the

alternative points of diversion from, and return to, Spring Creek are illustrated in the figure attached as Exhibit A to the Application.

An aerial photograph of Applicant’s property is attached as Exhibit B to the Application. 5. Source: Spring Creek, tributary to Plateau

Creek, tributary to the Colorado River. 6. Appropriation: a. Date of appropriation: December 29, 2017. b. How appropriation

was initiated: Appropriation was initiated by filing this Application for Conditional Water Right on December 29, 2017. 7. Amount

of water claimed: 0.5 cfs, conditional. 8. Use: Year-round non-consumptive hydroelectric power generation. 9. Name(s) and

address(es) of owner(s) or reputed owners of the land upon which any new diversion structure, or modification to any existing


PAGE 14

diversion structure is or will be constructed: The diversion structure will be constructed entirely on property owned by Applicants.

Therefore, notice to owners pursuant to C.R.S. §37-92-302(2)(b)(II) is not required. Application is three pages in length.






CO 81601.






17CW3247 EAGLE COUNTY. Application for Correction to Established but Erroneously Described Pt. of Diversion Pursuant to

C.R.S. 37-92-305(3.6). Applicants: James A. Fitzsimmons Trust, dated 11/12/1993, and the Carol V. Fitzsimmons Trust, dated

11/12/1993 (“Fitzsimmons Trusts”); c/o Balcomb & Green, P.C.; P.O. Drawer 790, Glenwood Springs, CO 81602; 970-945-6546.

Decreed water right for which correction is sought: Erickson No. 2 Ditch. Original and relevant subsequent decrees: Dist. Court for

Eagle County in C.A. 446 under Priority No. 237 for 1.00 cfs for irr. purposes with an adj. date of 6/4/1907 and an approp. date of

10/30/1901. A separate priority was decreed in C.A. 294 under Priority No. 237EX for 1.416 cfs for irr. purposes with an adj. date of

6/7/1915, and an approp. date of 12/31/1914. The source is Miller Gulch Creek, a trib. of Gypsum Creek. Amt: Applicants own

66% of the two decreed priorities, being 0.66 cfs of Priority No. 237 and 0.9345 cfs of Priority No. 237EX, for a total of 1.5945 cfs.

Legal desc. of structure as described in most recent decree that adjudicated the location: the headgate of said ditch is situated on the

left bank of the Miller Gulch Creek, from which stream said ditch derives and diverts its supply of water at a pt. whence the corner of

Sec. 14-15-22 and 23 in T. 6 S., R. 85 W., 6th

P.M. bears S 40° 36’ East 4332.6 ft. Detailed desc. of proposed correction: Applicants

request a correction to an established but erroneously described pt. of diversion of the Erickson No. 2 Ditch pursuant to C.R.S. § 37-

92-305(3.6)(a) & (b). Applicants have at all times diverted water pursuant to their decreed water rights in C.A. 446. Applicants

reasonably believe the pt. of diversion described in C.A. 446 to be in error. Water Commissioner plotted the location of the pt. of

diversion from the Decree in C.A. 446. The Decree states that the headgate for the Erickson No. 2 Ditch is on the bank of Miller Creek

Gulch. As plotted in the Decree, the pt. of diversion is not in Miller Creek Gulch, and cannot ever have been the pt. of diversion for

the Erickson No. 2 Ditch. The decreed location is more than 500 ft. from the historical pt. of diversion. Applicants reasonably believe

the historical pt. of diversion has been in use since at least the time the Erickson No. 2 Ditch was adjudicated on 6/4/1907, thereby

creating a rebuttable presumption of having been located at the same physical location since its inception. Applicants’ request for a

correction is limited to the Applicants’ 66% share of the adjudicated water rights in the Erickson No. 2 Ditch as described by water

rights agreement signed on 7/13/2007 and recorded in the Eagle County records at Reception No. 200723457. The legal desc. of the

correct pt. of diversion in UTM format: Easting 0336590; Northing 4376277; Zone 13 via hand-held Garmin GPS (accurate within 2

meters). Legal Desc. Using the Public Land Survey System (PLSS): SW1/4, NE1/4, Sec. 23, T. 6 S. R. 85 W., 6th

P.M., 1436 ft. from

North sec. line; 2397 ft. from East sec. line. Name(s) and address(es) of owner(s) or reputed owners of the land: The historical

headgate is located on lands owned by: Gypsum Creek Outpost Trust; c/o Darren E. Flamik, Trustee; 9601 Interstate 630, Exit 7;

Little Rock, AR 72205.






CO 81601.






17CW3248 EAGLE COUNTY – EAGLE RIVER. The Town of Gypsum, c/o Kevin L. Patrick, Esq. and Jason M. Groves, Esq.,

Patrick, Miller & Noto, P.C., 229 Midland Ave., Basalt, CO 81621. (970) 920-1030. APPLICATION FOR WATER RIGHTS,

CHANGES OF WATER RIGHTS, APPROPRIATIVE RIGHTS OF EXCHANGE, AND AUGMENTATION PLANS. First Claim:

Gypsum River Dance Intake. Pump and Pipeline. Legal: SW ¼, NE ¼ of Section 2, Township 5 South, Range 86 West of the 6th

P.M.,

at a point approximately 1,930 feet from the East section line and 2,330 feet from the North section line. Source: Eagle River, tributary

to Colorado River. Appropriation Date: April 1, 2017, by forming intent to appropriate, field location and by submittal of a Substitute


PAGE 15

Water Supply Plan to CO DWR. Date of Beneficial Use: 0.14 c.f.s. April 1, 2017; remaining 0.11 c.f.s. conditional. Amount: 0.25

c.f.s. (0.14 c.f.s. absolute & 0.11 c.f.s. conditional). Use: Municipal, including but not limited to, domestic, irrigation of 3.5 acres,

commercial and fire protection. Second Claim: Gypsum River Dance Intake Alternate Point of Diversion. Pump and Pipeline. Legal:

SW ¼, NE ¼ of Section 2, Township 5 South, Range 86 West of the 6th

P.M., at a point approximately 1,910 feet from the East

section line and 2,315 feet from the North section line. Source: Eagle River, tributary to Colorado River. Appropriation Date: April 1,

2017, by forming intent to appropriate, field location and by submittal of a Substitute Water Supply Plan to CO DWR. Date of

Beneficial Use: 0.14 c.f.s. April 1, 2017; remaining 0.11 c.f.s. conditional. Amount: 0.25 c.f.s. (0.14 c.f.s. absolute & 0.11 c.f.s.

conditional). Use: Municipal, including but not limited to, domestic, irrigation of 3.5 acres, commercial and fire protection. Third

Claim: Gypsum River Dance Well Field. Legal: beginning at a point whence the northeast corner of Section 2, Township 5 South,


Principal Meridian bears N 39⁰37’30.47” E a distance of 2,731.93 feet to the point of beginning. Thence S

18⁰36’53.45” E a distance of 101.45 feet; thence S 63⁰40’43.79” W a distance of 396.27 feet; thence N 88⁰43’1.58” W a distance of

582.15 feet; thence N 61⁰51’3.83” W a distance of 312.81 feet; thence N 00⁰16’51.64” E a distance of 70.97 feet; thence S

88⁰39’33.15” E a distance of 919.89 feet; thence N 76⁰43’38.30” E a distance of 267.89 feet to the point of beginning (Eagle County),

comprising 4.92 acres more or less. Source: Groundwater tributary to Eagle River. Depth: 10 – 100 ft. Appropriation Date: December

29, 2017, by location of the well field, field inspection, formation of intent to apply water to beneficial use, filing this application.

Amount: 0.25 c.f.s. cumulative for all wells and 66.1 acre-feet per year conditional. Use: Commercial, domestic, irrigation of 3.5

acres, municipal and fire protection. Fourth Claim: Applicant owns a water storage contract and applied for a contract from the

Colorado River Water Conservation District for water stored in Wolford Reservoir. Water will replace depletions from Town’s

satellite water supply system and serve River Dance by exchange to Points of Diversion described in First through Third Claims.

Water Right for Exchange: Wolford Reservoir releases. Legal: Downstream terminus: Confluence of the Eagle and Colorado Rivers

located in Eagle County. Upstream termini #1: The Gypsum River Dance Intake described in the First Claim. Upstream termini #2:

The Gypsum River Dance Intake Alternate Point of Diversion described in the Second Claim. Upstream termini #3: The Gypsum

River Dance Well Field described in the Third Claim. Source: Colorado and Eagle Rivers. Appropriation Date: December 29, 2017,

by forming intent to appropriate and filing this application. Amount: 0.25 c.f.s. up to 17.0 acre-feet conditional. Use: Replacement of

depletions described in Sixth Claim. Fifth Claim (Change): Wolcott Pump and Pipeline. Original Decree: Civil Action No. 1529,

Eagle County District Court, July 9, 1979. Applicant changed 6.5 c.f.s. to the Eagle River Pumping Pipeline in Case No. 93CW326,

Division 5 Water Court, November 13, 1995. Legal: NW ¼ 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 nears North 37°30´ West a distance of 1,730 feet. Source: Eagle River.

Appropriation Date: April 27, 1966. Amount: 7.5 c.f.s. of which 0.25 c.f.s. is involved herein. Use: Municipal, industrial, domestic,

irrigation, stock watering, power generation, recreation and all other beneficial uses. Amount to be changed: 0.25 c.f.s. Description of

change: This application requests to make the Gypsum River Dance Intake, its alternate point of diversion, and the Gypsum River

Dance Well Field, described in the first three claims, alternate points of diversion for 0.25 c.f.s of this 6.5 c.f.s. Sixth Claim

(Augmentation): Summary: The River Dance development consists of commercial and RV Park uses with one caretaker residence.

The development will be served by this municipal satellite plan for augmentation until the Town’s potable infrastructure is in

proximity to and available to the development pursuant to agreements between the Global and the Town. Global will design, construct

and operate a domestic and commercial potable water system augmented herein to serve the inside uses of the project, which consist

of commercial and domestic uses. In addition, Global will design, construct and operate a raw water irrigation system augmented

herein to serve the exterior uses of the project, which consist of 3.5 acres of sprinkler irrigated lawn and approximately 250 trees that

are drip irrigated. Structures to be augmented: Gypsum River Dance Intake (First Claim); Gypsum River Dance Intake Alternate Point

of Diversion (Second Claim); Gypsum River Dance Well Field (Third Claim). Water rights to be used for augmentation: Water

Supply Contracts: Colorado River Water Conservation District Supply. Applicant owns CRWCD Contract # CW03026 for 200 acre-

feet and has applied for a contract for 30 acre-feet. Copies of CRWCD contract CW03026 is on file with the court as Exhibit D. The

additional CRWCD contract will be filed with the Court when available. Description: Wolford Mountain Reservoir. Case No.

87CW283, Division 5 Water Court; November 20, 1989. Legal: SW ¼ of the NE ¼ of Section 25, Township 2 North, Range 81 West

of the 6th

P.M. The intersection of the dam axis with the right abutment occurs at a point bearing South 54°54’20” East a distance of

3,716.46 feet from the NW corner of Section 25. Appropriation Date: December 14, 1987. Source: Muddy Creek and its tributaries.

Amount: 59,993 acre-feet conditional, of which the Court made 32,986 acre-feet absolute for piscatorial and recreational uses in Case

No. 95CW251, and made the full amount absolute for all purposes in Case No. 02CW107. Uses: All beneficial uses, including but not

limited to domestic, municipal, agriculture and recreations, in satisfaction of 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 with the City and County of Denver. Case No. 95CW281; Division 5 Water Court, August 26, 1997. Legal: SW ¼ of

the NE ¼ of Section 25, Township 2 North, Range 81 West of the 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 River District, Wolford Mountain Project, Ritschard Dam

construction drawing “Dimensional Dam Layout” sheet 8 of 94, occurs at a point bearing South 53°24’56” East a distance of 3,395.51

feet from the NW corner of Section 25; the bearing of said dam axis from Sta. 19+35.61 to Sta. 0+00 being South 75°28' 29" East.

Appropriation Date: January 16, 1995. Source: Muddy Creek and its tributaries. Amount: 6,000 acre-feet conditional. Uses: All

beneficial uses by and for the benefit of the inhabitants of the River District, including but not limited to domestic, municipal,


PAGE 16

industrial, irrigation, agricultural, piscatorial and recreational. Such uses include environmental mitigation, including environmental

mitigation requirements associated with the Wolford Mountain Project. Such uses can 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 5. Case No. 98CW237; Division 5 Water Court, July 6, 2000. Legal

description: Same as for Case No. 95CW281. Date of appropriation: November 17, 1998. Source: Muddy Creek and its tributaries.

Amount: 30,000 acre-feet conditional, of which the Court made 15,895 acre-feet absolute for recreational, piscatorial and flood

control purposes. Uses: Certain of the beneficial uses previously adjudicated for Wolford Mountain Reservoir in Case No. 87CW283,

November 20, 1989, and Case No. 95CW281, August 26, 1997. Case No. 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 involves all uses, including but not limited to domestic, municipal, agriculture, and recreation. 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. Case

No. 95CW281: All beneficial uses by and for the benefit of the inhabitants of the River District, including but not limited to domestic,

municipal, industrial, irrigation, agriculture, piscatorial and recreation. Such uses include environmental mitigation, including

environmental mitigation requirements associated with the Wolford Mountain Reservoir Project. LEDE Reservoir, Town

Enlargement: Original decree: Case No. 05CW292, Water Division 5, October 1, 2007. Legal: NE ¼ of the NW ¼ of Section 9,


P.M., Eagle County Colorado, being more particularly described as follows: Beginning at

the said existing valve operator whence the Southeast Corner of Section 2, in said Township 7 South, Range 84 West of the 6th

P.M., a

stone found in place, bears N84°04’45”E a distance of 931.74 feet, more or less. All bearings being relative to the bearing between

said Southeast Corner of Section 2 and the Northwest Corner of Section 25, Township 6 South, Range 85 West of the 6th

P.M. an

aluminum cap found in place using a bearing of N64°50’35”W, more or less, between said monuments. Source: Deliveries from the

LEDE Ditch, Town Enlargement water right, which diverts from Antones Cabin Creek, a tributary of the Eagle River, tributary to the

Colorado River. Appropriation date: October 7, 1998. Uses: Storage for recreational, aesthetic, piscatorial purposes, domestic,

commercial, industrial, street cleaning/washing, fire protection, all other municipal uses, augmentation and exchange. Amount: 400

acre-feet, conditional. Amount to be included in this augmentation plan: up to 8.02 acre-feet. Stratton and Company Return Flow

Exchange: Applicant owns unconsumed Stratton and Company Ditch, Priority 1 consumptive use credits as decreed in Case No.

03CW325. Applicant will dedicate a portion of these unconsumed credits to augment depletions from the structures described in

Claims One through Three when a water right on the Eagle River would otherwise place a call on the water rights decreed to those

structures. Original decree: Case No. 03CW325, Water Division 5, February 20, 2009. Legal: See Case No. 03CW325, Water

Division 5, February 20, 2009. 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: 0.25 cfs up to 8.02 acre-feet of consumptive use credits, conditional. Uses: 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

satellite municipal supply system and a raw water irrigation system owned and operated by Global for use upon the development

known as River Dance. Water Demands: Demands for Inside (potable) Uses. Water will be diverted to supply up to 124.7 Equivalent

Residential Units (“EQR”) of demand. Each EQR is assumed to require 350 gallons per day of demand on file with the court as

Exhibit E. The mix of uses for inside (domestic and commercial) may be changed as long as the EQR values augmented herein are not

exceeded. Table 1, Exhibit E describes the demands for the development, which presently consist of 260 RV spaces, one caretaker

dwelling, a main event building, a swimming pool, laundry facility and community shower and sanitary facilities. Demands for

Outside (irrigation) Uses. Water will be diverted to supply up to 3.5 acres of sprinkler lawn irrigation and to supply up to 250 trees by

drip irrigation. Table 1, Exhibit E describes the irrigation demands for the development. Depletions. An onsite wastewater treatment

and disposal facility is planned for the River Dance development. Ninety-five percent (95%) of the water supplied for inside uses

(commercial and domestic use) are assumed to return to the Eagle River by discharge. Irrigation efficiencies for the 3.5 acres of lawns

is assumed to be eighty percent (80%) consistent with sprinkler irrigation while an efficiency of ninety percent (90%) is assumed for

drip irrigation. Table 1 Exhibit E, on file with the court, summarizes depletions. Out of Priority Depletions. There may be times when

the water rights described in Claims One, Two, Three and Five, described above are subject to curtailment for a call that is recognized

and administered by the Division 5 Engineer. Applicant will augment out-of-priority 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. Colorado River

augmentation supplies may be exchanged pursuant to the exchange applied for in the Third Claim hereof. Releases from Wolford

Reservoir 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. To the extent a Colorado River mainstem call is on when an Eagle River call is also in effect, Eagle River

sources, as described in paragraphs 49B (LEDE Reservoir) and 49C (Stratton and Company Return Flow Exchange consumptive use

credits) will also satisfy those calls when satisfying the Eagle River call. In the event of a call by a water right on the mainstem of the

Colorado River, depletions will be satisfied by the exchange of releases from Wolford Reservoir, releases from LEDE Reservoir,

and/or use the Stratton and Company Return Flow Exchange credits described above. The choice of augmentation source shall be at

the Applicant’s election and accounted for with the Division of Water Resources. Eagle River Mainstem Call: To the extent needed,


PAGE 17

Applicant will apply its available Eagle River historic consumptive use credits to replace out-of-priority depletions. Applicant’s

available Stratton and Company Return Flow Exchange consumptive use credits to replace depletions in the event of a call by a water

right on the Eagle River. Any remaining depletions to the Eagle River that are required to be replaced due to a call from a water right

on the Eagle River will be replaced by releases from LEDE Reservoir. Maps of the above water rights are on file with the court as

Exhibit A. Irrigation acreage is shown on Exhibit B, on file with the court. Gypsum River Dance Intake and Gypsum River Dance

Intake APOD are on land owned by Global Asset Recovery, LLC, 6530 Constitution Drive, Fort Wayne, IN 46804; Wolcott Pump

and Pipeline is on land owned by Gypsum Trail Gulch, Ltd., 1595 N. Central Expy, Richardson, TX 75080; Wolford Reservoir is on

land owned by Colorado River Water Conservation District, 201 Centennial, Glenwood Springs, CO 81601; and LEDE Reservoir,

Town Enlargement is on land owned by the USFS, Mr. Scott Fitzwilliams, 802 Grand Ave., Glenwood Springs, CO 81601.

Landowner and the Town have entered into an Annexation Agreement and Raw Water Agreement which requires the Town to secure

a legal water supply to be owned by the Town which will serve River Dance until such time that the Town’s municipal infrastructure

is extended to the property. The water will be beneficially used within the land described in Exhibit B and the Town of Gypsum’s

water service area once potable water infrastructure is extended to the property. A current map of the Town’s service area, which

adjusts overtime pursuant to the Town’s annexation and service policies, is on file with the court as Exhibit C. The above water rights

are component parts of the Town of Gypsum’s integrated municipal water supply system.






CO 81601.






17CW3249 EAGLE COUNTY- EAGLE RIVER - APPLICATION FOR CHANGE OF WATER RIGHT, PLAN FOR

AUGMENTATION AND APPROPRIATIVE RIGHT OF EXCHANGE, AND SURFACE WATER RIGHT. CJC Properties Limited

Partnership (“CJC”), Attn: Constance S. Jouflas , 1111 Horizon Drive, #807 Grand Junction, CO 81506. Direct all pleadings to:

Kirsten M. Kurath, Williams, Turner & Holmes, P.C.,744 Horizon Court, Suite 115, Grand Junction, CO 81506, (970) 242-6262,

[email protected]. Eagle River Water & Sanitation District (“District”),c/o Manager, 846 Forest Road, Vail, CO 81657,(970)

476-7480. Direct all pleadings to: Glenn E. Porzak, Kristin H. Moseley, Cassidy L. Woodard, Porzak Browning & Bushong LLP,

2120 13th Street, Boulder, CO 80302, (303) 443-6800, [email protected], [email protected], [email protected].

Summary of Application: With Resolution No. 2013-102, the Board of Eagle County Commissioners approved the Preliminary Plan

for the Wolcott Planned Unit Development (“Wolcott PUD”) consisting of approximately 373 acres. CJC owns 135 acres of the land

(“CJC Property”) that will be included in the Wolcott PUD. See Exhibit A. The District will provide treated water to the Wolcott

PUD, which is located within the District's Wolcott Service Area, provided sufficient water rights for the Wolcott PUD are dedicated

to the District pursuant to the District’s November 16, 2017, Water Dedication Policy, or as said policy may be updated in the future

by the District (“District Water Policy”). The District Water Policy requires dedication of historical consumptive use credits that are

decreed for diversion and municipal use at the District’s diversion points and for use within the District’s water system. The

Applicants seek to quantify the historical consumptive use of certain CJC water rights which have been historically used on the CJC

Property and to change such water rights for use by the District to provide water to the Wolcott PUD and other land within its Wolcott

Service Area. Applicants also seek a plan for augmentation using certain CJC water rights to augment out-of-priority depletions

caused by the District’s diversion of water within the Wolcott Service Area during the historical season of use of such water rights,

and an appropriative right of exchange for the replacement of the historical lagged groundwater return flows associated with the

change of water rights described above outside the historical season of use. Finally, CJC seeks to decree a new surface water right for

non-potable use on the CJC Property. First Claim: Change of Water Right: Structure: O’Neill and Holland Ditch, Priority 279; Decree:

Civil Action No. 524, July 26, 1909; Decreed Point of Diversion: The decreed location of the headgate is located on the west bank of

the Eagle River, at a point whence the southeast corner of Section 26, T. 4 S., R. 83 W. of the 6th P.M., bears North 40º West 900

feet; Source: Eagle River, tributary to the Colorado River; App. Date: June 8, 1897; Amount: 8.0 cfs, absolute. CJC owns 3.0 cfs of

this water right, and it is only CJC’s 3.0 cfs that is the subject of this Application. This portion of the water right will be hereinafter

referred to as the “O&H Senior Right;” Decreed and Historic Use: Irrigation; Amount to be Changed: The historical consumptive use

(“HCU”) of the O&H Senior Right has been determined. The HCU associated with the irrigation diversions made under the O&H

Senior Right was assessed for the representative period of 1974 through 1994. HCU for the O&H Senior Right averaged 116.8 acre-

feet annually during the months of May through September. Exhibit B attached to the Application provides Applicants’ HCU

calculation and the associated monthly return flows. The historically irrigated acreage is shown on Exhibit C attached to the

Application; O'Neill and Holland Ditch, First Enlargement: CJC also owns 4.94 c.f.s. of the O’Neill and Holland Ditch, First






PAGE 18

Enlargement, decreed by the Eagle County District Court in Civil Action No. 963 for irrigation purposes with an adjudication date of

October 3, 1936, and an appropriation date of June 8, 1907 (“O&H First Enlargement”). The HCU analysis of the historical irrigation

of the CJC Property determined that the irrigation water requirements were met by the O&H Senior Right, which the Applicants seek

to change in this case. Therefore, it is appropriate that if a decree is entered quantifying the HCU of the O&H Senior Right, CJC’s

interest in the O&H First Enlargement shall be cancelled. Statement of Change: Applicants seek to change the O&H Senior Right and

quantify the HCU for use by the District to provide treated water to the Wolcott PUD and to other lands located within the District’s

Wolcott Service Area. CJC intends to continue to irrigate the land historically irrigated by the O&H Senior Right until such time as

HCU credits decreed herein are dedicated to the District. At such time, a proportionate area of historically irrigated land will be

identified and will no longer be irrigated with the O&H Senior Right; Change in Use: Applicants request that the O&H Senior Right

be changed to municipal, domestic, irrigation, commercial, industrial, recreational, augmentation, replacement and exchange uses by

direct diversion, storage, or exchange; Change in Place of Use: Applicants request that the place of use for the O&H Senior Right be

changed to include the District’s Wolcott Service Area as the same may be modified in the future. A map of the current District

Wolcott Service Area is attached to the Application as Exhibit D. Second Claim: Plan for Augmentation and Appropriative Right of

Exchange: Structures to be Augmented (See Exhibit E attached to the Application)and locations: i) Wolcott Treatment Plant Intake,

located on the westerly bank of the Eagle River in the SE1/4 of the NE1/4 of Section 16, T. 4 S., R. 83 W. of the 6th P.M. within 200

feet of a point 635 feet from the east section line and 1,680 feet from the north section line., ii) Vail-Jouflas Eagle River Diversion,

located in the NW1/4 of the SE1/4 of Section 15, T. 4 S., R. 83 W. of the 6th P.M. at a point 1,540 feet from the south section line and

1,710 feet from the east section line; iii) Vines at Vail Pump and Pipeline No. 1, located in the NW1/4 of the SE1/4 of Section 15, T. 4

S., R. 83 W. of the 6th P.M., at a point 2,987 feet from the west section line and 1,883 feet from the south section line; iv) Vines at

Vail Pump and Pipeline No. 2, located in the NE1/4 of the SW1/4 of Section 15, T. 4 S., R. 83 W. of the 6th P.M., at a point 2,395 feet

from the west section line and 1,909 feet from the south section line; v) Vines at Vail Pump and Pipeline No. 3, located in the NW1/4

of the SW1/4 of Section 14, T. 4 S., R. 83 W. of the 6th P.M., at a point 640 feet from the west section line and 1,609 feet from the

south section line. These structures were originally decreed by the Water Court in and for Water Division No. 5 on July 1, 2010 in

Case No. 08CW77 with an April 26, 2008 appropriation date; Source: Eagle River, tributary to the Colorado River; Amount: 116.8

average annual historical consumptive use credits from the O&H Senior Right as described above; Uses: municipal, domestic,

irrigation, commercial, industrial, recreational, augmentation, replacement, and exchange by direct diversion, storage or exchange;

Water Rights to be Used as the Source of Augmentation Water: HCU of the O&H Senior Right changed in this Application as

described above. Description of the Plan for Augmentation and Appropriate Right of Exchange: The O&H Senior Right was

historically used to irrigate 135 acres on the CJC Property. By this Application, Applicants seek to augment out-of-priority depletions

from the alternate points of diversion described above, during the months of May through September, which is the historical season of

use of the O&H Senior Right, with HCU quantified in this Application from the O&H Senior Right. Augmentation of out-of-priority

depletions from the points of diversion described above outside the historical season of use of the O&H Senior Right are augmented

by the decree in Water Court Case No. 08CW77. Historical return flows from the O&H Senior Right outside of the historical season

of use will be replaced directly by releases of replacement water from the Eagle Park Reservoir or Homestake Reservoir described in

below or replaced by exchange from Wolford Mountain Reservoir or Ruedi Reservoir, below. Exchange Plan and Reaches: Lagged

groundwater return flows associated with the HCU quantified in the First Claim, above, shall be replaced by exchange when there is a

valid call placed on the Colorado River by a downstream senior water right during the months of October through December by

release of reservoir water supplies; Location: A map of the exchange reach is attached to the Application as Exhibit F. The upstream

terminus of the exchange is the upstream most portion of the CJC Property historically irrigated area described as a point on the Eagle

River located in the NE1/4 of the SW1/4 of Section 23, T. 4S., R. 83 W. of the 6th P.M., at 2,200 feet east of the west section line and

2,000 feet north of the south section line. The downstream terminus of the Ruedi Reservoir exchange is the confluence of the Roaring

Fork and Colorado Rivers at a point located in the SE1/4 NW1/4 of Section 9, T. 6 S., R. 89 W. of the 6th P.M. at a point 2,300 feet

from the west line and 2,150 feet from the north line. The downstream terminus of the Wolford Mountain Reservoir exchange is at

the confluence of the Colorado and Eagle Rivers at a point located in the SW1/4 NE1/4 of Section 5, T. 5 S., R. 86 W. of the 6th P.M.

at a point 2,020 feet from the east line and 2,625 from the north line; Rate of Exchange: 0.25 cfs, conditional; Priority Date: December

29, 2017; Operation: The exchange will operate only when in priority and only when the calling right originates on the Colorado River

below the Eagle River confluence; Depletion Factors: The amount of depletions resulting from the use of water diverted at the

structures described above is as follows: i) 5% of all in-building domestic/commercial diversions will be consumed because all

domestic wastewater will be centrally treated; ii) Irrigation use will be 80% consumptive; and iii) 5% of all industrial diversions used

within the District’s Wolcott water and wastewater treatment plant will be consumed. All other industrial uses will be metered and

considered 100% consumptive unless a lower consumption rate is demonstrated by the measurement in and measurement out of the

industrial use, whereupon the consumptive use will be the measured difference. Historical Irrigation Return Flows: The monthly

historical irrigation returns flow of the O&H Senior Right shown on Exhibit B will be left in the stream during the months of May

through September. Deficits from lagged groundwater return flows in the months of October through December will be replaced by

augmentation and exchange when there is a valid call placed on the Colorado River or Eagle River by a downstream senior water right

by the following augmentation sources: i) Wolford Mountain Reservoir, Case Nos. 87CW283, 95CW281, and 98CW237 in District

Court for Water Division No. 5. The dam is located in the SW1/4 of the NE1/4 of Section 25, T. 2 N., R. 81 W. of the 6th P.M., Grand

County, Colorado. The source of Wolford Mountain Reservoir is Muddy Creek and its tributaries, all tributary to the Colorado River.


PAGE 19

Collectively, the District and the Upper Eagle Regional Water Authority have the contractual right to 1,000 acre-feet of water from

Wolford Mountain Reservoir pursuant to Contract Nos. CW08010 and CW08011, hereinafter and collectively referred to as the

“Wolford Contracts”; ii) Alternately, the Wolford Mountain Reservoir water available to the District for the augmentation by

exchange contemplated herein may be delivered from Ruedi Reservoir when the call is below the confluence of the Roaring Fork and

Colorado Rivers. Ruedi Reservoir was decreed by 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, T. 8 S., R. 84 W., 6th P.M., in Eagle and

Pitkin Counties, and derives its water supply from the Fryingpan River. At times when deficits from lagged groundwater return flows

from the O&H Senior Right in the months of October through December cannot be replaced by augmentation and exchange, they shall

be replaced directly by the following upstream water sources: i) Eagle Park Reservoir, Case Nos. 92CW340, 93CW301, and

97CW288 in District Court for Water Division No. 5. The north abutment of the dam crest is located approximately 160 feet north of

the south section line and 650 feet east of the west section line of Section 28, T. 7 S., R. 79 W. of the 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 including the East Fork Pump Station, and water from the Ten Mile Creek drainage, a

tributary of the Blue River diverted through the Chalk Mountain Interceptor as further described in Case No. 08CW77; and ii)

Homestake Reservoir, also known as Elliott-Weers Reservoir, was decreed for 126,843.68 acre-feet conditional, of which 43,504.70

acre-feet has been made absolute. Homestake Reservoir is located on Homestake Creek with a dam whence the NW Corner of Section

31, Township 7 South, Range 80 West, 6th P.M. bears North 58° 30.6' E. 24,659 feet from the East dam abutment and North 62° 25.8'

E. 25,746 feet from the West dam abutment in Eagle County, CO. The sources of supply of said reservoir are (1) French Creek, Fancy

Creek, Missouri Creek, and Sopris Creek via the Homestake Conduit (aka Missouri Tunnel); (2) East Fork of Homestake Creek via

the East Fork Conduit; and (3) Middle Fork of Homestake Creek. Homestake Reservoir also conveys water from the Homestake

Conduit and the East Fork Conduit to Homestake Tunnel; Measurement Devices: To ensure the operation of the augmentation and

exchange plan, Applicants 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. Third Claim: Surface Water Right: Structure:

CJC Wolcott Diversion; Legal Description: Water will be diverted out the following alternative points of diversion: i) Alternate Point

No. 1 is located in the SE1/4 of NW1/4 of Section 23, T. 4 S. , R. 83 W. of the 6th P.M., at a point 2,200 feet east of the west section

line and 1,400 feet south of the north section line; ii) Alternate Point No. 2 is located in the NE1/4 of the NW1/4 of Section 23, T. 4 S.,

R. 83 W. of the 6th P.M., at a point 1,600 feet east of the west section line and 600 feet south of the north section line and iii)

Alternate Point No. 3 is located in the NE1/4NW1/4 of Section 36, T. 4 S., R. 83 W. of the 6th P.M. at a point approximately 1,350

feet from the west section line and 1,300 feet from the north section line. See Exhibit E. Source: Eagle River; App. Date: December

29, 2017; How Appropriation was Initiated: Physical location and inspection of the alternate points of diversion, together with the

formation of the intent to appropriate water as described herein and other acts in furtherance of the appropriation including but not

limited to the filing of this Application; Amount Claimed: 0.5 c.f.s., conditional; Uses: Irrigation, wildlife watering, and fire

protection. At least 14 acres of land will be irrigated as open space and there will also be irrigation of lawns, gardens and other areas,

including but not limited to the CJC Property historically irrigated with the O&H Senior Water. The land to be irrigated will be

portions of up to approximately 135 acres in the SW1/4 of Section 14, T. 4 S., R. 83 W. of the 6th P.M. and the NW1/4 of Section 23,

T. 4 S., R. 83 W. of 6th P.M. See Exhibit C. The water from the CJC Wolcott Diversion may be used directly for these uses, and/or it

may be stored in Chris Jouflas Lake and/or Lake Constance decreed in Case No. 93CW330 in District Court, Water Division No. 5 or

in a reservoir to be developed on the CJC Property or within the Wolcott PUD. Name and Address of Owner of the Land Upon Which

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: The headgate of the Wolcott Treatment

Plant Intake will be located on land owned by the District. The headgate of the Vail-Jouflas Eagle River Diversion will be located on

land owned by P. John Jouflas, G. Gregory Jouflas, M. James Jouflas, and Jan Marie Jouflas, 113 Mira Monte Road, Grand Junction,

Colo. 81507-1731. An easement for the Vail-Jouflas Eagle River Diversion is owned by Vail Resorts, c/o Bill Kennedy, P.O. Box 7,

Vail, Colo. 81658. The headgate of the Vines at Vail Pump and Pipeline No. 1 will be located on land owned by P. John Jouflas, G.

Gregory Jouflas, M. James Jouflas, and Jan Marie Jouflas, 113 Mira Monte Road, Grand Junction, Colo. 81507-1731. The headgate of

the Vines at Vail Pump and Pipeline No. 2 will be located on land owned by P. John Jouflas, G. Gregory Jouflas, M. James Jouflas,

and Jan Marie Jouflas, 113 Mira Monte Road, Grand Junction, Colo. 81507-1731. The headgate of the Vines at Vail Pump and

Pipeline No. 3 will be located on land owned by CJC. The headgate of the CJC Wolcott Diversion Alternate Points of Diversion No. 1

& No.2 will be located on land owned by CJC. The headgate of the CJC Wolcott Diversion Alternate Point of Diversion 3 will be

located on land owned by Cordillera Property Owners Association, Inc., P.O. Box 1077, Edwards, CO 81632-1077. Applicants

request that the Court enter a decree approving this Application, granting the relief requested and and granting such other and further

relief as this Court deems just and proper. (18 pages)





PAGE 20



CO 81601.





affected rights must appear to object and protest within the time provided by statute, or be forever barred. 17CW3250 EAGLE COUNTY – EAGLE RIVER. Town of Gypsum, Colorado, c/o Kevin L. Patrick, Esq. and Jason M. Groves,

Esq., Patrick, Miller & Noto, P.C., 229 Midland Ave., Basalt, CO 81621. (970) 920-1030. APPLICATION FOR WATER RIGHTS,

APPROPRIATIVE RIGHT OF EXCHANGE, AND AUGMENTATION PLAN. First Claim: Gypsum Dry Lake MX Well Field.

Legal: SW1/4 of Section 18, Township 4 South, Range 85 West of the 6th P.M., described as beginning at a point whence the

southwest corner of Section 18, Township 5 South, Range 85 West of the 6th Principal Meridian bears S 60⁰26’37.50” W a distance

of 1237.33 feet to the point of beginning. Thence N 35⁰43’6.72” E a distance of 1278.73 feet; thence N 47⁰45’25.06” W a distance of

333.00 feet; thence N 44⁰28’27.78” E a distance of 244.85 feet; thence S 46⁰46’5.38” E a distance of 541.36 feet; thence S

36⁰7’25.33” W a distance of 1502.15 feet; thence N 50⁰45’13.23” W a distance of 232.96 feet to the point of beginning consisting of

10 acres. Source: Groundwater tributary to Colorado River. Appropriation Date: October 4, 2016, by forming intent to appropriate,

field inspection, filing a monitoring well permit application and geohydrology testing. Amount: 0.05 c.f.s. and 7.752 acre-feet

annually, cumulative. Use: Municipal, including but not limited to, domestic, irrigation of 5.92 acres, commercial, recreation, dust

suppression, and fire protection. Second Claim (Exchange): Gypsum Dry Lake MX Exchange. Applicant has applied for water storage

contract from the Colorado River Water Conservation District for water stored in Wolford Reservoir. Water will replace depletions

from Town’s satellite water supply system serving Dry Lake MX Recreation Park by exchange to the point of diversion described in

First Claim. Water Right for Exchange: Water Supply Contracts. Colorado River Water Conservation District Supply. Applicant owns

CRWCD Contract # CW03026 for 200 acre-feet and has applied for a contract for 30 acre-feet. Copies of CRWCD contract CW03026

is on file with the court as Exhibit D. The additional CRWCD contract will be filed with the Court when available. Description:

Wolford Mountain Reservoir. Case No. 87CW283, Division 5 Water Court; November 20, 1989. Legal: SW ¼ of the NE ¼ of Section

25, Township 2 North, Range 81 West of the 6th

P.M. The intersection of the dam axis with the right abutment occurs at a point

bearing South 54°54’20” East a distance of 3,716.46 feet from the NW corner of Section 25. Appropriation Date: December 14, 1987.

Source: Muddy Creek and its tributaries. Amount: 59,993 acre-feet conditional, of which the Court made 32,986 acre-feet absolute for

piscatorial and recreational uses in Case No. 95CW251, and made the full amount absolute for all purposes in Case No. 02CW107.

Uses: All beneficial uses, including but not limited to domestic, municipal, agriculture and recreations, in satisfaction of 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 with the City and County of Denver. Case No. 95CW281;

Division 5 Water Court, August 26, 1997. Legal: SW ¼ of the NE ¼ of Section 25, Township 2 North, Range 81 West of the 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 River

District, Wolford Mountain Project, Ritschard Dam construction drawing “Dimensional Dam Layout” sheet 8 of 94, occurs at a point

bearing South 53°24’56” East a distance of 3,395.51 feet from the NW corner of Section 25; the bearing of said dam axis from Sta.

19+35.61 to Sta. 0+00 being South 75°28' 29" East. Appropriation Date: January 16, 1995. Source: Muddy Creek and its tributaries.

Amount: 6,000 acre-feet conditional. Uses: All beneficial uses by and for the benefit of the inhabitants of the River District, including

but not limited to domestic, municipal, industrial, irrigation, agricultural, piscatorial and recreational. Such uses include environmental

mitigation, including environmental mitigation requirements associated with the Wolford Mountain Project. Such uses can be made

directly or by substitution, augmentation, or exchange. Case No. 98CW237; Division 5 Water Court, July 6, 2000. Legal description:

Same as for Case No. 95CW281. Date of appropriation: November 17, 1998. Source: Muddy Creek and its tributaries. Amount:

30,000 acre-feet conditional, of which the Court made 15,895 acre-feet absolute for recreational, piscatorial and flood control

purposes. Uses: Certain of the beneficial uses previously adjudicated for Wolford Mountain Reservoir in Case No. 87CW283,

November 20, 1989, and Case No. 95CW281, August 26, 1997. Case No. 87CW283:. Legal: Downstream terminus: Confluence of the

Trail Gulch and the Colorado River at a point in the NW1/4 of the SW1/4 of Section 26, Township 3 South, Range 86 West of the 6th

P.M. at a point 1,575 feet from the South section line and 225 feet from the West section line. Upstream terminus: The Gypsum Dry

Lake MX Well Field. Source: Colorado River. Appropriation Date: December 29, 2017, by forming intent to appropriate and filing

this application. Amount: 0.05 c.f.s. up to 7.6 acre-feet conditional. Use: Replacement of depletions described in Third Claim. Third

Claim (Augmentation): Town of Gypsum submits this application to confirm a well field water right and a new appropriative right of

exchange, and develop an augmentation plan to serve a satellite municipal water supply system which is part of the Town’s municipal

water supply system. System will serve Dry Lake Gypsum MX Park, tributary to Trail Gulch and Colorado River. Structures to be

augmented. Gypsum Dry Lake MX Well Field. Water rights to be used for augmentation: Water Supply Contracts: See Second Claim.

Water Demands: Demands for Inside (potable) Uses. Diverted to supply up to 4 Equivalent Residential Units (“EQR”) of demand.

Each EQR is assumed to require 350 gpd of demand described in Exhibit E on file with the court. Mix of uses for inside may be


PAGE 21

changed as long as the EQR values augmented are not exceeded. Table 1, Exhibit E describes demands for development, which

presently consists of dust suppression, irrigation, drinking water and sanitary facilities. Demands for Outside Uses. Applied up to 5.92

acres within the developed 145 acres as Exhibit B. Due to geology and topography, all irrigation and dust suppression is assumed to be

one-hundred percent consumptive. See Table 1, Exhibit E. Depletions: All domestic and sanitary use will be treated by onsite non-

evapotranspirative septic type disposal units which are considered 85% consumptive with 15% of diversions returning to the stream.

Irrigation and dust suppression are considered 100% consumptive. Table 1, Exhibit E summarizes depletions. Delayed pumping

effects were calculated for the Gypsum Dry Lake MX Well Field using the Glover analysis. Aquifer parameters for the analysis were

estimated based on a pump test of one well adjacent to the well field performed between November 7, 2017 and November 8, 2017

with recovery monitored until November 12, 2017. Delayed depletions are shown in Column 10 of Table 1, of Exhibit E. The Gypsum

Dry Lake MX Well Field has been determined to be tributary to the Colorado River and to impact the river at a point described at or

below a point on the Colorado River in Section 10, Township 4 South, Range 86 West of the 6th P.M., being 250 feet from the North

Section line of said section and 2,560 feet from the West Section line of said section. Applicant will provide augmentation water to

replace such depletive effect at that location directly through releases from Wolford Reservoir. In the alternative, and to the extent

depletions are hereafter found to impact Trail Gulch, Applicant may augment the Gypsum Dry Lake MX Well Field by exchange. Out

of Priority Depletions. There may be times when Applicant’s depletions from the Gypsum Dry Lake MX Well Field water right

described above is subject to curtailment for a call that is recognized and administered by the Division 5 Engineer. Applicant will

augment out-of-priority depletions from this structure in time, place, and amount by the release of stored water using the rights above.

Colorado River augmentation supplies may be exchanged pursuant to the exchange applied for in the Second Claim. A transit loss of

10% has been assumed for releases from Wolford Reservoir to the point of depletion described in Application. A proposed

replacement schedule is shown in Column 13 of Table 1, Exhibit E. Maps of the above water rights are on file with the court as

Exhibit A. Irrigation acreage is shown on Exhibit B, on file with the court. Gypsum Dry Lake MX Well Field is on land owned by

Applicant. Wolford Reservoir is on land owned by Colorado River Water Conservation District, 201 Centennial, Glenwood Springs,

CO 81601. The water will be beneficially used within the land described in Exhibit B and the Town of Gypsum’s water service area

once potable water infrastructure is extended to the property. A current map of the Town’s service area, which adjusts overtime

pursuant to the Town’s annexation and service policies, is on file with the court as Exhibit C. The above water rights are component

parts of the Town of Gypsum’s integrated municipal water supply system.






CO 81601.






17CW3251 PITKIN COUNTY – ROARING FORK RIVER ALLUVIUM, TRIBUTARY TO COLORADO RIVER.

ShadowWood LLC c/o Paul L. Noto, Esq. and John M. Sittler, Esq., Patrick, Miller & Noto, P.C., 197 Prospector Road, Suite 2104A,

Aspen, CO 81611 (970) 920-1030. APPLICATION TO MAKE WATER RIGHTS ABSOLUTE AND FOR FINDINGS OF

REASONABLE DILIGENCE. First Claim (Diligence & Absolute): Shimer Well. Original Decree: November 29, 1973; Case No.

W-1894, Water Division 5. Legal: SW ¼ of the SW ¼ of Section 17, Township 10S, Range 84W of the 6th

P.M., at a point whence the

Witness Corner, to the West Quarter Corner of said Section 17 bears N. 05°35’ W, 1122 feet. Source: Roaring Fork River Alluvium.

Appropriation Date: May 21, 1973. Diligence claim: Amount: 0.11 c.f.s. Use: Commercial. Absolute claim: Date of Beneficial Use:

June 1, 2013. Amount: 0.1 c.f.s. Use: Domestic. Depth: 150 ft. Second Claim (Absolute): Shimer Well Irrigation Right. Original

Decree: December 28, 2011; Case No. 11CW40, Water Division 5. Legal: Same as First Claim. Source: Roaring Fork River

Alluvium. Appropriation Date: June 30, 1974. Amount: 0.011 c.f.s. absolute, 0.099 c.f.s. conditional. Depth: 150 ft. Absolute claim:

Date of Beneficial Use: June 1, 2013. Amount: 0.099 c.f.s. Use: Irrigation. Place of Beneficial Use: One-half acre of irrigation is

within Applicant’s property in the NW ¼ of the SW ¼ of Section 17, Township 10S, Range 85W of the 6th

P.M. Map of the above

water rights and irrigation area are on file with the court as Exhibit A. Detailed information on work done towards completion of

appropriation of above water rights for beneficial use is included in the Application filed with the court. Applicant owns the land

where the above water rights are located and are or will be put to beneficial use.






PAGE 22


CO 81601.






17CW3252 PITKIN COUNTY – FALL CREEK AND CASTLE CREEK, TRIBUTARY TO ROARING FORK RIVER. Casa

Cascade, LLC c/o Paul L. Noto, Esq. and Danielle Van Arsdale, Esq., Patrick, Miller & Noto, P.C., 197 Prospector Road, Suite 2104A,

Aspen, CO 81611 (970) 920-1030. APPLICATION FOR SURFACE WATER RIGHT, WATER STORAGE RIGHTS AND PLAN

FOR AUGMENTATION INCLUDING EXCHANGE. First Claim: Casa Cascade Ditch System. Legal: SW 1/4 NW 1/4 of Section

20, Township 11 S., Range 84 W. of the 6th

P.M., at a point approximately 1800 feet from the North section line and 200 feet from the

West section line. Source: Fall Creek. Appropriation Date: September 30, 2016 with field inspection, survey, landscape design

development, formation of intent to apply water to beneficial use. Amount: 0.5 c.f.s. conditional. Use: Irrigation of 3.4 acres and to fill

Casa Cascade Irrigation Pond System. Total surface area: 0.09 acre. Second Claim: Casa Cascade Irrigation Pond System. Legals:

SW 1/4 NW 1/4 of Section 20, Township 11 S., Range 84 W. of the 6th

P.M., at a point approximately 2130 feet from the North

section line and 135 feet from the West section line. SW 1/4 NW 1/4 of Section 20, Township 11 S., Range 84 W. of the 6th P.M., at a

point approximately 2345 feet from the North section line and 230 feet from the West section line. Source: Fall Creek via deliveries

from Casa Cascade Ditch System. Appropriation Date: September 30, 2016 with field inspection, survey, landscape design

development, formation of intent to apply water to beneficial use. Amount: 1.73 acre-feet. Fill Rate: 0.5 c.f.s. conditional. Use:

Irrigation of 2.0 acres, irrigation control as a pumping forebay, aesthetic, piscatorial, fire protection and recreation. Surface Aea: 0.4

acre. Dam Height: 10 ft. Dam Length: 300 ft. Capacity: 1.8 acre-feet conditional. Third Claim: Casa Cascade Pond No. 2. Legal: SW

1/4 NW 1/4 of Section 20, Township 11 S., Range 84 W. of the 6th

P.M., at a point approximately 2355 feet from the North section

line and 140 feet from the West section line. Source: Castle Creek. Appropriation Date: September 12, 1979 with storage and

application of water to beneficial use. Amount: 0.5 acre-foot absolute. Fill Rate: 0.5 c.f.s. absolute. Use: aesthetic, piscatorial, fire

protection and recreation. Surface Area: 0.11 acre. Dam Height: 2 ft. Dam Length: 20 ft. Capacity: 0.5 acre-foot. Fourth Claim

(Augmentation Plan): Structures to be augmented: Water rights from First through Third Claims. Water rights used: Basalt Water

Conservancy District Contract for 6.2 acre-feet. Green Mountain Reservoir. Source: Blue River, tributary to the Colorado River.

Legal: NE ¼ SE ¼ of Section 15, Township 2 S., Range 80 W. of the 6th P.M., at a point approximately 2312 feet from the South

section line and 992 feet from the East section line. Adjudication date: October 12, 1955. Appropriation date: August 1, 1935. Case

Nos.: Civil Action 2782, 5016, and 5017, U.S. District Court of Colorado; and Case No. 88CW022, Division 5 Water Court. Amount:

154,645 acre-feet, with a refill right for 3,856 acre-feet absolute and 150,789 acre-feet conditional. Use: 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.

Ruedi Reservoir: Source: Frying Pan River. Legal: NW ¼ NW ¼ of Section 18, Township 8 South, Range 84 West, of the 6th P.M., at

a point approximately 324 feet from the North section line and 984 feet from the West section line. Adjudication date: June 20, 1958.

Appropriation date: July 29, 1957. Case No.: Civil Action 4613, Garfield County District Court. Amount: 102,369 acre-feet. Uses:

Generation of electric energy, domestic, municipal, industrial, irrigation, piscatorial, and stock watering. Troy Ditch and Edith

Ditch water rights:

STR

UCT

URE

PRIORI

TY

COU

RT

CASE

NO.

ADJ

DATE

APP

DATE

DECREE

D

AMOUN

T

(CFS)

US

E

(4)

AMOUNT SOLD,

TRANSFERRED OR RESERVED

AMOUNT

REMAINING (10)

(5) (6) (7) (8) (9) CFS AF

Troy

Ditc

h (1)

370 3082 08/25/19

36

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

Ditc

h 1st

Enlg

427 3082 08/25/19

36

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

Ditc

h

2nd

Enlg

669 4613 06/20/19

58

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


PAGE 23

Edit

h

Ditc

h

353 3082 08/25/19

36

05/01/19

04

2.72 I 0.11

0

0.13

20

0.05

0

0.00

0

0.01

8

2.410 N/A

Edit

h

Ditc

h 1st

Enlg

673 4613 06/20/19

58

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

Ditc

h

Wate

r

Syst

em

aka

Low

er

Head

gate

(2) W-

2281

15.50(3)

I,D,

M

C,P

0.11

0

0.13

20

0.52

0

0.27

5

0.19

0

14.27

3

412.8

9

Case No. W-2281, Division 5 Water Court, decreed 453 acre-feet of annual HCU credits and 300 acre-feet stored in an unnamed

reservoir. BWCD owns 412.89 acre-feet of the 453 acre-feet, and makes the water rights available to contract allottees for use

pursuant to an approved substitute supply plan or decree of Court. The Troy and Edith augmentation water can be delivered to the

Frying Pan, Roaring Fork or Colorado Rivers by by-passing water at the headgate on the Frying Pan River. Legal descriptions: Troy

Ditch: NW ¼ NE ¼ of Section 14, Township 8 S., Range 84 W. of the 6th P.M., at a point approximately 285 feet from the South

section line and 967 feet from the East section line. Edith Ditch: SW ¼ SW ¼ of Section 12, Township 8 S., Range 84 W. of the 6th

P.M., at a point approximately 326 feet from the South section line and 981 feet from the West section line. Robinson Ditch water

rights:

STRUCTURE DECREED

AMOUNT/

(cfs)

AMOUNT

OWNED BY

BWCD

(cfs)(1)

ADJ. DATE APP. DATE PRI

ORITY

CASE

NO. (2)

ROBINSON

DITCH

5.00 1.21 05/1

1/1889

06/1

5/1882

38 132

ROBINSON

DITCH

2.50 0.60 05/1

1/1889

04/1

5/1886

140 132

ROBINSON

DITCH

2.00 0.48 05/1

1/1889

11/1

5/1886

167 132

ROBINSON

DITCH

10.70 2.59 12/2

9/1903

04/2

5/1899

212

C

1061

ROBINSON

DITCH

20.06 4.85 08/2

5/1936

04/2

5/1900

326 3082

Legal descriptions: NW ¼ SE ¼ of Section 11, Township 8 S., Range 87 W. of the 6th P.M., at a point approximately 2307 feet from

the South section line and 2309 feet from the East section line.

Historic Use: Irrigation of approximately 137.2 acres of hay and pasture under the BWCD’s interest in the Robinson Ditch water

rights. Case No. 93CW319, Division 5 Water Court, decreed that 360 acre-feet of annual HCU credits are associated with said

irrigation. In that case, the Court also decreed a change of use of the 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. Statement of

plan for augmentation: Background: Applicant owns approximately 20 acres shown on Exhibit A. Applicant intends to utilize water

diverted at the Casa Cascade Ditch System and stored in the Casa Cascade Irrigation Pond System to sprinkler irrigate up to a total of

3.4 acres of lawns and gardens on this property. It also intends to utilize the Casa Cascade Irrigation Pond System and Casa Cascade

Pond No. 2 for aesthetic, piscatorial, and recreational purposes. This plan for augmentation replaces out-of-priority depletions

associated with the irrigation water use and the evaporative losses from the surface of the ditch system and ponds. Irrigation

depletions: Applicant’s engineer used the modified Blaney-Criddle methodology approved by the State Engineer to calculate the

consumptive use rate for irrigation of bluegrass on Applicant’s property at 1.72 acre-feet per acre. The irrigation depletions associated

with 3.4 irrigated acres are thus 5.84 acre-feet, as shown on Table 1 on file with the court. Evaporation depletions: Applicant’s


PAGE 24

engineer calculated the annual gross evaporation from the Casa Cascade Ditch System, Casa Cascade Irrigation Pond System, and

Casa Cascade Pond No. 2 using NOAA Technical Report NWS 33, and then distributed gross evaporation on a monthly basis using

the S.B. 120 guidelines for reservoirs located at over 6,500 feet of elevation. Net evaporation is equal to gross evaporation adjusted to

account for icing temperatures. No adjustment for effective precipitation was made given that the ditch and ponds are all off-channel.

The total combined open surface area is 0.60 acre, including 0.09 acre for the Casa Cascade Ditch System, 0.40 acre for the Casa

Cascade Irrigation Pond System, and 0.11 acre for Casa Cascade Pond No. 2 and inlet ditch. The net evaporation rate is 30.54 inches

(2.545 feet) and the total evaporative depletion is 1.53 acre-feet per year. A summary of the calculation is shown on Table 1.

Downstream call: The primary source of a potential mainstem call on the Colorado River is the “Cameo Call” for irrigation and

agricultural water rights. During a dry year, the Cameo Call can go on call for 7 days in April, May, and November; 14 days in June;

and all of July-October. Under this plan for augmentation, Applicant will obtain a BWCD Allotment Contract for 6.2 acre-feet to

augment by exchange the Cameo Call, and any other administered call with a point of diversion located below the confluence of the

Roaring Fork and Fryingpan Rivers, by replacing out-of-priority irrigation and evaporation depletions through releases of the BWCD

water rights described above. Applicant’s demands, depletions, and augmentation requirement schedule are outlined on Table 1.

Applicant’s Fifth Claim below describes an appropriative right of exchange for the reaches between the points of depletion on Fall and

Castle Creeks and the downstream points of replacement on the Roaring Fork and Colorado Rivers. Local call: In the event of an

administered senior call on Fall Creek, Castle Creek, or the Roaring Fork River above the confluence with the Frying Pan River,

Applicant will curtail all diversions at the Casa Cascade Ditch System and all filling of the Casa Cascade Irrigation Pond and Casa

Cascade Pond No. 2. Fifth Claim (Exchange): Casa Cascade Exchange. Legal: Colorado River Exchange Reach: Downstream

terminus: SE ¼ NW ¼ of Section 9, Township 6 S., Range 89 W. of the 6th

P.M., at a point approximately 2200 feet from the North

section line and 2350 feet from the West section line. Upstream termini: First and Third Claim points of diversion. Fryingpan River

Exchange Reach: Downstream terminus: SW ¼ SE ¼ of Section 7, Township 8 S., Range 86 W. of the 6th P.M., at a point

approximately 750 feet from the South section line and 1440 feet from the East section line. Upstream termini: First and Third Claim

points of diversion. Source: BWCD water rights. Appropriation date: September 30, 2016 by field inspection, survey, landscape

design development, and formation of intent to apply water to beneficial use. Rate: 0.03 c.f.s. Volume: 6.2 acre-feet. Maps of the

above water rights and irrigation areas are on file with the court as Exhibit A. First, Second and Fifth Claims are component parts of

an integrated water supply plan for Applicant’s property. Applicant owns the land where the above water rights are located and are or

will be put to beneficial use.






CO 81601.






17CW3253 PITKIN COUNTY, ROARING FORK RIVER. Tagert Lakes Family Trust and 3282 Beach Club Drive Family Trust

c/o Mark E. Hamilton, Esq. and Tarn Udall, Esq., Holland & Hart LLP, 600 E. Main St., Suite 104, Aspen, CO 81611-1991, (970)

925-3476, [email protected], [email protected]. Names of structures: Tagert Lake, Tagert Lake First

Enlargement, Tagert Pond, Tagert Pond First Enlargement, Callicotte Ditch Enlargement. Decree information: Case Nos: 80CW469

(Tagert Lake and Tagert Pond enlargements), 80CW551 (Callicotte Ditch Enlargement); Court: Div. 5; Date: July 21, 1981 (both

decrees); Subsequent decrees: 85CW192, 95CW148, 02CW025, 09CW136. Locations: (1) Tagert Lake and Tagert Lake First

Enlargement are located in the SE ¼ SW ¼ SE ¼ of Sec. 34, T. 10 S., R. 84 W. of the 6th P.M. and in Sec. 3, T. 11 S., R. 84 W. of the

6th P.M. The southerly end of the dam is located at a point whence the SE Corner of said Sec. 34 bears N. 82°30’ E. a distance of

1630 feet. This location is also described as at a point in the SW1/4 SE1/4 of Section 34, Township 10 South, Range 84 West of the 6th

P.M., at a point 90 feet from the south section line and 1,450 feet from the east section line of said Section 34, Pitkin County,

Colorado, based on BLM PLSS. UTM Coordinates NAD 83, Zone 13, Easting: 348365.33, Northing: 4332680.23. (2) Tagert Pond and

Tagert Pond First Enlargement are located in the SW¼ SW ¼ SE¼ of Sec. 34, T. 10 S., R. 84 W. of the 6th P.M. The initial point of

survey of the pond is located at a point whence the SE Corner of said Sec. 34 bears S. 75°10’ E. a distance of 2555 feet. This location

is also described as at a point in the SW 1/4 SE1/4 of Section 34, Township 10 South, Range 84 West of the 6th

P.M., at a point 850

feet from the south section line and 2,370 feet from the east section line of said Section 34, Pitkin County, Colorado, based on BLM

PLSS. UTM Coordinates NAD 83, Zone 13, Easting: 348089.72, Northing: 4332916.13. (3) Callicotte Ditch First Enlargement: the

point of diversion is located in the NW¼ NE¼ NW¼ of Sec. 3, T. 11 S., R. 84 W. of the 6th P.M. at a point whence the NE Corner of said

Section 3 bears N. 59°45’ E. a distance of 995 feet. This location is also described as at a point in the NE1/4 NE1/4 of Section 3, Township

11 South, Range 84 West of the 6th P.M., at a point 450 feet from the north section line and 675 feet from the east section line of said




PAGE 25

Section 3, Pitkin County, Colorado, based on BLM PLSS. UTM Coordinates NAD 83, Zone 13, Easting: 348599.24, Northing:

4332512.23. Source: Roaring Fork River (via Callicotte Ditch), tributary to the Colorado River. Amounts, uses and appropriation dates:

(1) Tagert Lake: 22.3 acre-feet, absolute for irrigation, livestock water, recreation and fish and wildlife propagation with an appropriation

date of September 4, 1890; 22.3 acre-feet conditional for municipal and commercial with an appropriation date of June 3, 1980; (2) Tagert

Lake First Enlargement: 13.1 acre-feet, conditional for irrigation, domestic, municipal, commercial, recreational, fish and wildlife

propagation with an appropriation date of November 10, 1980; (3) Tagert Pond: 19.63 acre-feet, absolute for irrigation, livestock water,

recreation, and fish and wildlife propagation with an appropriation date of September 4, 1890; 19.63 acre-feet conditional for municipal and

commercial with an appropriation date of June 3, 1980; (4) Tagert Pond First Enlargement: 30.0 acre-feet conditional for irrigation,

domestic, municipal, commercial, recreation and fish and wildlife propagation with an appropriation date of November 10, 1980 (2.0 acre-

feet made absolute in Case No. 80CW155 for irrigation, recreation, fish and wildlife propagation); (5) Callicotte Ditch Enlargement: 3.6

c.f.s., absolute to fill Tagert Lake and Tagert Pond for irrigation, livestock water, recreation, and fish and wildlife with an appropriation date

of September 4, 1890; 3.6 c.f.s. conditional to fill same structures for municipal and commercial with an appropriation date of June 3, 1980.

All structures are on Applicants’ property. A detailed outline of activity during the diligence period is included in the Application. (6 pages)






CO 81601.





affected rights must appear to object and protest within the time provided by statute, or be forever barred. 17CW3254 EAGLE COUNTY, EAST LAKE CREEK. Application for Simple Change in Surface Point of Diversion. 2005 KLB

Revocable Trust, c/o Jeff Houpt & Ryan Jarvis of Beattie, Chadwick & Houpt, 932 Cooper Avenue, Glenwood Springs, 970-945-

8659. Applicant requests a simple change to her interest in the Bailey Ditch to a new point of diversion. Bailey Ditch: Original decree

entered on 10/03/1936 in Eagle County District Court CA 963. Decreed point of diversion: The copy of the decree in Civil Action No.

963 maintained online by the Division of Water Resources is partially illegible. The following legal description is repeated from said

decree and contains blanks where the decree is illegible: The headgate is located on the left bank of East Lake Creek at a point whence

the ___ Quarter Corner of Section 20, Township 5 South, Range 82 West of the 6th

P.M., bears ___ 28°11’ 1,992._3 feet. According

to Division of Water Resources records, the UTM Coordinates (NAD 83 – UTM Zone 13) are as follows: UTM Easting: 362403;

UTM Northing: 4384482. Decreed source of water: East Lake Creek. Appropriation date: 06/01/1900. Decreed amount to structure:

1.5 cfs, absolute. Decreed use: Irrigation. Amount of water Applicant intends to change: 0.375 cfs, absolute. Statement of proposed

change: Applicant seeks to change the point of diversion of only Applicant’s interest in the water right decreed to the Bailey Ditch.

The proposed new point of diversion of Applicant’s interest is located on Applicant’s property, which is downstream of the originally-

decreed point of diversion. The simple change to surface point of diversion requested will not result in the diversion of a greater flow

or amount of water than decreed to the Bailey Ditch, or that is physically and legally available at the Bailey Ditch. Additionally, the

requested change will not injuriously affect the owner of or persons entitled to use water under a vested water right or a decreed

conditional water right. Legal description of changed point of diversion: In the SW¼ of the NW¼, Sec 20, T 5 S, R 82 W, 6th

PM,

1,395 ft from N sec line and 615 ft from W sec line of said Sec 20. UTM Coordinates (NAD 83 – UTM Zone 13), UTM Easting:

362085.6, UTM Northing: 4385162.5. Owner of land upon which point of diversion is located: Applicant. (4 pages)






CO 81601.





affected rights must appear to object and protest within the time provided by statute, or be forever barred. 17CW3255 EAGLE COUNTY, LAKE CREEK. Application for Absolute Water Storage Right. 2005 KLB Revocable Trust, c/o

Jeff Houpt & Ryan Jarvis of Beattie, Chadwick & Houpt, 932 Cooper Ave, Glenwood Springs, 970-945-8659. Earl’s Hole: Legal

description: In the SW¼ of the NW¼ of Sec 20, T 5 S, R 82 W, 6th

PM, 1,580 ft from N Sec line and 685 ft from W Sec line of said


PAGE 26

Sec 20. UTM Coordinates (NAD 83 – UTM Zone 13): UTM Easting: 362104.0; UTM Northing: 4385105.8. Source: East Lake Creek.

Structure used to fill reservoir: Earl’s Hole Pump: Legal description: In the SW¼ of the NW¼, Sec 20, T 5 S, R 82 W, 6th

PM, 1,395

ft from N sec line and 615 ft from W sec line of said Sec 20. UTM Coordinates (NAD 83 – UTM Zone 13): UTM Easting: 362085.6;

UTM Northing: 4385162.5. Appropriation date: 06/01/87. Appropriation initiated: Construction and filling of the pond. Date water

applied to beneficial use: 06/01/87. Amount: 2 af, absolute. Rate of diversion: 0.375 cfs, absolute. Uses: Fire protection, piscatorial,

stockwater, wildlife watering, aesthetic, and recreation. Surface area: 0.36 acres. Vertical height: 8 ft. Length: 335 ft. Total capacity: 2

af. Active capacity: 0 af. Dead storage: 2 af. This pond is lined with a synthetic liner. Owner of land: Applicant. (4 pages)






CO 81601.





affected rights must appear to object and protest within the time provided by statute, or be forever barred. 17CW3256 SUMMIT, GARFIELD, PITKIN AND EAGLE COUNTIES. Application for Finding of Reasonable Diligence and to

Confirm Cond. Water Rights Absolute In Part. The Basalt Water Conservancy District (“District”), c/o Balcomb & Green, P.C., P.O.

Drawer 790, Glenwood Springs, CO 81602; (970) 945-6546. Summary: The District respectfully requests a finding of reasonable

diligence in its development of cond. appropriative rights of exchange for Areas A-1, A-2, and A-4, as decreed in Case No. 02CW77,

Ruling 1 of 2, (“Subject Water Rights”), and confirmation that portions of them are absolute. Introduction: The District is a Water

Conservancy District formed under C.R.S. § 37-45-101 et seq. The District contracts with water users to provide legal water supplies.

Contracts are organized into Area A or Area B. Area A includes regions located near the Fryingpan or Roaring Fork Rivers, or on trib.

creeks, where the District’s water rights provide a dependable legal supply for diversion at alternate pts. owned by its contractees or

through aug. of those alternate pts., directly or by exchange. Area B includes locations where intervening water rights prevent the

District’s rights, standing alone, from providing a legal supply for use at alternate pts. of diversion or through aug. of those alternate

pts. In Case No. 02CW77, the Court adjudicated an umbrella aug. plan (“Umbrella Plan”) for the District’s Area A. The Umbrella

Plan allows contractees to utilize District water rights for operation of their qualifying diversions and for replacement of associated

out-of-priority depletions. The qualifying diversions operate as alternate pts. of diversion for the District’s water rights in and to the

Basalt Conduit When the Basalt Conduit is out of priority, the District uses its aug. supplies incl. through the Subject Water Rights, to

allow its contractees to continue diversions. The Subject Water Rights operate as part of the Umbrella Plan to the extent that any aug.

replacement is introduced to the river system at a pt. downstream of the pt. of diversion augmented under the Umbrella Plan. There

were two separate rulings in Case No. 02CW77, Ruling 1 and Ruling 2. Ruling 1 addressed claims for three subsections of Area A:

Areas A-1; A-2; and A-4. Ruling 2 addressed claims for a fourth subsection of Area A: Area A-3. This Application requests a finding

of diligence for the Subject Water Rights decreed in Ruling 1 of 2 for Areas A-1 (generally the Fryingpan River drainage between the

inlet and outlet of Ruedi Reservoir), A-2 (generally the Fryingpan River drainage below the outlet of Ruedi Reservoir), and A-4

(generally the Roaring Fork River drainage below its conf. with the Fryingpan River. Any reference herein to Ruling 2 of 2 or Area A-

3 is only to provide context for claims in this Application. Claim for Finding of Reasonable Diligence: The Subject Water Rights are

operated as part of the Umbrella Plan within the three sub-areas described below and depicted in maps attached to application as

Exhibits A and B. Each sub-area has a unique exchange regime, described below. Previous Decree Info.: Case No. 02CW77, entered

on 12/12/2011 in District Court, Water Division 5. Approp. Date: 7/2/2001. Use: pursuant to the Umbrella Plan to replace out-of-

priority depletions associated with diversions by District contractees within Areas A-1, A-2, and A-4. Exchange Supplies: The water

rights used for aug. by exchange (as described in Exhibit C to Application and printed here) are interests in the Robinson Ditch, Troy

& Edith Ditch, Favre Dom. Pipeline Springs Nos. 1 & 2, Ruedi Reservoir, and Green Mountain Reservoir described as follows. Info.

for Ruedi Reservoir: Source: Fryingpan River, trib. of Colorado River. Legal Description: An on-channel reservoir located in Sec. 7,

8, 9, 11, and 14 through 18, T. 8 S., R. 84 W., 6th P.M. The reservoir is located in portions of Eagle and Pitkin counties. Adj. Date:

6/20/1958. Approp. Date: 7/29/1957. Case No.: C.A. 4613. Court: Garfield County Dist. Court. Decreed Amt.: 102,369 AF (Orig.

decreed for 140,697.3 AF; reduced to 102,369 AF in Case No. W-789-76). The full Amt. was made absolute in Case No. 88CW85.

Decreed Uses: Generation of electric energy, dom., mun., pisc., ind., and irr. Refill: By decree of the Water Court in Case No.

81CW34, Ruedi Reservoir was decreed a refill right in the amt. of 101,280 AF, cond. In Water Court Case No. 95CW95, 44,509 AF

of the refill right was made absolute. In Water Court Case 01CW269, an add’l 25,257 AF of the refill right was made absolute, for a

total of 69,766 AF absolute in the refill right. District Interest: The District holds contract numbers 2-07-70-W0546, 009D6C0014,

039F6C0012, and 139D6C0099 with the United States Bureau of Reclamation. These four contracts collectively entitle the District to

delivery of 1790 AF of water annually from the regulatory capacity of Ruedi Reservoir. Info. for Green Mtn Res.: Source: Blue River,

trib. of Colorado River. Legal Description: Located approx. 16 miles S.E. of the Town of Kremmling in Summit County, Colorado,


PAGE 27

and more particularly in all or parts of Sec. 11, 12, 13, 14, 15, and 24 of T. 2 S., R. 80 W., and in Sec. 17, 18, 19, 20, 21, 28, 29, and

34, T. 2 S., R. 79 W., 6th P.M. Adj. Date: 10/12/1955. Approp. Date: 8/1/1935. Case Nos.: 2782, 5016, and 5017. Court: United States

Dist. Court, Dist. of Colorado. Decreed Amt.: 154,645 AF. Decreed Uses: In accordance with paragraph 5(a), (b), and (c) of the Sec.

entitled “Manner of Operation of Project Facilities and Auxiliary Facilities" in Senate Document 80. Dist. Interest: The Dist. holds

Contract No. 8-07-60-W0727 with the United States Bureau of Reclamation. This contract entitles the Dist. to delivery of 1000 AF of

water annually from the marketable yield of Green Mtn. Res. . Info. for Troy Ditch and Edith Ditch rights:

S

T

R

U

C

T

U

R

E

PRIORIT

Y

CASE

NO.

ADJ.

DAT

E

APP.

DATE

DECREED

AMT.

(CFS.)

USE

(4)

AMT. SOLD, TRANSFERRED OR

RESERVED

AMT. REMAINING FOR

DIST. (10)

(5) (6) (7) (8) (9

)

CFS AF

T

r

o

y

D

it

c

h (1

)

370 3082 08/2

5/19

36

05/01/19

06

5.10 I 0.000 0.000 0.095 0.0

64

0.

03

5

4.906 N/A

T

r

o

y

D

it

c

h

1

s

t

E

n

l

g

427 3082 08/2

5/19

36

05/01/19

28

10.80 I 0.000 0.000 0.200 0.1

34

0.

07

3

10.393 N/A

T

r

o

y

D

it

c

h

2

n

d

E

n

l

g

669 4613 06/2

0/19

58

06/01/19

42

6.20 I 0.000 0.000 0.115 0.0

77

0.

04

2

5.966 N/A


PAGE 28

S

T

R

U

C

T

U

R

E

PRIORIT

Y

CASE

NO.

ADJ.

DAT

E

APP.

DATE

DECREED

AMT.

(CFS.)

USE

(4)


RESERVED

AMT. REMAINING FOR

DIST. (10)

E

d

it

h

D

it

c

h

353 3082 08/2

5/19

36

05/01/19

04

2.72 I 0.110 0.1320 0.050 0.0

00

0.

01

8

2.410 N/A

E

d

it

h

D

it

c

h

1

s

t

E

n

l

g

673 4613 06/2

0/19

58

07/01/19

46

3.23 I 0.000 0.000 0.060 0.0

00

0.

02

2

3.148 N/A


PAGE 29

S

T

R

U

C

T

U

R

E

PRIORIT

Y

CASE

NO.

ADJ.

DAT

E

APP.

DATE

DECREED

AMT.

(CFS.)

USE

(4)


RESERVED

AMT. REMAINING FOR

DIST. (10)

T

r

o

y

D

it

c

h

W

a

t

e

r

S

y

s

t

e

m

a

.

k

.

a

.

L

o

w

e

r

H

e

a

d

g

a

t

e

(2) W-

2281

15.50(3)

I, D,

M, C,

P

0.110 0.1320 0.520 0.2

75

0.

19

0

14.273 412.89

(1) Orig. diverted from Miller Creek. All others orig. diverted from Fryingpan River. (2) Alt. point for all priorities of Troy and Edith

Ditches. (3) Combined Amt. limited to 15.5 cfs. and 453 AF of consumptive use, 300 AF of which can be stored. (4) I = Irr., D = Dom.,

M = Mun., C = Ind. 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 S. Shores plan for aug. (8) Deeded to Joan Wheeler in 1987 for

diversion at the Troy Ditch 1st and 2nd Enlargement (16.9 AF assumed to be included). (9) Reserved for aug. of Cap K Ponds with

5.52 AF. Case No. 91CW220. (10) A total of 40.11 AF of the orig. 453.00 AF has been sold or transferred. In Case No. W-2281,

Division 5, the Court decreed that 453 AF of annual consumptive-use credits were available to these ditches, and that 300 AF could be

stored in an unnamed reservoir. Applicant owns 412.89 AF of the 453 AF, and makes the water rights available to contract allottees for

use pursuant to an approved substitute supply plan or decree of Court. This Court changed the use of the 412.89 AF to include aug. and

exchange in Case Nos. 98CW26 and 98CW89 (Consolidated). The Troy and Edith aug. water can be delivered to the Fryingpan,

Roaring Fork or Colorado rivers by bypassing water at the headgate on the Fryingpan River. Info. for Robinson Ditch rights:


PAGE 30

STRUCTURE DECREED

AMT./

(CFS)

AMT.

OWNED BY

DIST.

(CFS)(1)

ADJ. DATE APP. DATE PRIORI

TY

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 Dist. 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) Dist. Court

in and for Garfield County. Legal Description: The pt. of diversion, as decreed, is located on the N. bank of the Roaring

Fork River one-half mile below the mouth of Sopris Creek in Sec. 11, T. 8 S., R. 87 W., 6th P.M. Historical Use: Irr. of

approx.137.2 acres of hay and pasture under District’s interest in the Robinson Ditch water rights. In Case No. 93CW319,

the Court decreed that 360 AF of annual consumptive-use credits are associated with said irr. In that case, the Court also

decreed a change of use of District’s Robinson Ditch rights to include aug. The District makes the credits available to

contract allottees for use pursuant to an approved substitute supply plan or decree of Court. The Dist. applies the credits

principally to the aug. of Blue Creek and the Roaring Fork River. Info. for Favre Dom. Pipeline Springs:

STRUC

TURE

AMT.1

(CFS)

ADJ. DATE APP. DATE PRIORITY CASE

NO.2

FAVRE

DOM.

PL. SP.

NO. 1

0.50 06/20/1958 08/11/1937 649 4613

FAVRE

DOM.

PL.

SP. NO.

2

0.50 06/20/1958 04/15/1912 666 4613

(1) Amt.: Each spring is decreed for 0.50 cfs, but the use of both has a combined limit of 0.50 cfs. (2) Dist. Court in and for Garfield

County. Legal Description: Favre Dom. Pipeline - Spring No. 1: Located at a point whence the E1/4 corner, Sec. 34, T. 7 S., R. 87

W., 6th P.M. bears S. 34 deg. 26' E., 890.9 ft. Favre Dom. Pipeline - Spring No. 2: Located at a point whence the E1/4 corner, Sec.

34, T. 7 S., R. 87 W., 6th P.M. bears S. 37 degrees 24' E. 721.4 ft. Source: Blue Creek, trib. to Roaring Fork River. Decreed Use:

Dom. and aug. Historical Use: The Dist. owns the Favre Dom. Pipeline rights. The springs historically provided a majority of the dom.

water supply for El Jebel, a community of 364 Equivalent Residential Units (“EQR”), consisting of 291 single-family residential units,

irr. of 12.5 acres of lawn and landscape, and comm. development. In Case No. 93CW319, the Court decreed that 142.82 AF of

historical consumptive-use credits were available to Blue Creek as a result of such historical use; and that 67.2 AF of historical

consumptive-use credits were available to the Roaring Fork River as a result of such historical use. In 93CW319, the Court also

decreed a change of use of said credits to include aug. The District makes the credits available to contract allottees for use pursuant to

an approved substitute supply plan or decree of Court. Location of Exchange Reaches and Operation: Area A-1 Exchanges: Area A-1

has 3 exchange reaches. The reach for water supplied under the Troy and Edith Ditch or Ruedi Reservoir is from the outlet of Ruedi

Reservoir up the Fryingpan River and its trib. sources to the upstream boundaries of Area A-1, as more fully described below. The

reach for water supplied from Green Mtn. Res. is from the conf. of the Colorado and Roaring Fork rivers up the Roaring Fork River to

its conf. with the Fryingpan River and then up the Fryingpan River to the upstream boundaries of Area A-1. The reach for water

supplied under the Robinson Ditch and Favre Dom. Pipeline Spring Nos. 1 & 2 is from the conf. of the Roaring Fork River and Blue


PAGE 31

Creek up the Roaring Fork River to its conf. with the Fryingpan River and up the Fryingpan River to the upstream boundaries of Area

A-1. Area A-1 Exchange Amt.: 0.5 c.f.s., cond., for use within Area A-1; not to exceed 0.25 c.f.s. within any one trib. within Area A-

1. Area A-2 Exchanges: Area A-2 has 3 exchange reaches. The reach for water supplied under the Troy and Edith Ditch or from

Ruedi Reservoir is from the Fryingpan River, between the outlet of Ruedi Reservoir and its conf. with the Roaring Fork River (the

Sec. of Fryingpan River in Area A-2 where these supplies are physically present), up the trib. sources to the Fryingpan River to the

upstream boundaries of Area A-2, as more fully described below. The reach for water supplied from Green Mtn. Res. is from the conf.

of the Colorado and Roaring Fork rivers up the Roaring Fork River to its conf. with the Fryingpan River and then up the Fryingpan

River to the upstream boundaries of Area A-2. The exchange reach for water supplied under the Robinson Ditch and Favre Dom.

Pipeline Spring Nos. 1 & 2 is from the conf. of the Roaring Fork River and Blue Creek up the Roaring Fork River to its conf. with the

Fryingpan River and up the Fryingpan River to the upstream boundaries of Area A-2. Area A-2 Exchange Amt.: 1.0 c.f.s., Cond., for

use within Area A-2; not to exceed 0.5 c.f.s. within any one trib. within Area A-2. This Amt. does not include the Amt. of the Approp.

exchange for Area A-1, which is upstream of, and trib. to, Area A-2, and which is in addition to the Amt. of Approp. exchange for use

within Area A-2. Area A-4 Exchanges. Area A-4 has 3 exchange reaches. The reach for water supplied under the Troy and Edith

Ditch or from Ruedi Reservoir is from the Roaring Fork River, between its conf. with the Fryingpan River and its conf. with the

Colorado River (the Sec. of the Roaring Fork River in Area A-4 where these supplies are physically present), up the trib. sources to

the Roaring Fork River to the upstream boundaries of Area A-4, as more fully described below. The reach for water supplied from

Green Mtn. Res. is from the conf. of the Colorado and Roaring Fork rivers up the Roaring Fork River and its trib. sources to the

upstream boundaries of Area A-4. The reach for water supplied under the Robinson Ditch and Favre Dom. Pipeline Spring Nos. 1 & 2

is from the Roaring Fork River between its conf. with Blue Creek and its conf. with the Colorado River (the Roaring Fork River Sec.

in Area A-4 where these supplies are physically present), up the trib. sources to the Roaring Fork River to the upstream boundaries of

Area A-4. Area A-4 Exchange Amt.: 3.75 c.f.s., cond., for use within Area A-4; not to exceed 1.0 c.f.s. within any one trib. within

Area A-4. This Amt. does not include the Amt. of the Approp. exchanges for Areas A-1, A-2 and A-3, all of which are upstream of,

and trib. to, Area A-4, and are in addition to the amt. of exchange for use within Area A-4. The replacement water rights utilized

through the Subject Water Rights as described in Exhibit C included above. The exchanges operating in sub-areas A-1, A-2 and A-4

are summarized in the following table. The Amt. of the exchanges represent the instantaneous rates of depletion for structures

augmented by exchange under the Umbrella Plan within Areas A-1, A-2, and A-4.

Sub-Area Approp.

Date

Administration

Date

Exchange

Rate (cfs)

Trib.

Rate (cfs)

A-1 7/2/2001 2002 max 0.5 cond. max 0.25 cond.



Cumulative exchanges through A-2 (combined rates for A-1 + A-2)

7/2/2001

2002

max 1.5 cond.

N/A

Cumulative exchanges through A-4 (combined rates for A-1 +A-2 + A-4)

7/2/2001

2002

max 5.25 cond.

N/A

Authorized Pt. of Diversion. Pursuant to paragraph 15.c.viii of Case No. 02CW77 Ruling 1 of 2, the District hereby notifies all

potentially interested parties that the augmented structures and alternate pts. of diversion identified in Table 2 of Exhibit E to the

Application, have been included for operation under the Umbrella Plan. Table 2 of Exhibit E identifies included augmented

structures and alternate pts. of diversion with particularity, incl. their location, so as to notify all potentially interested parties of the

operation of the Umbrella Plan as it continues to be implemented. Info. From Table 2, Exhibit E is included as text below in the

following order: District Sub-area #; Trib. Source; Contract #; Contract Amt. in AF; Diversion Amt. in cfs; Structure Name or Well

Permit #; PLSS/Legal Description. Using the first contract listed below, Contract 507, as an example, the augmented structure is

located in Area A-1, diverts from the Fryingpan River, has a Contract Amt. of 1.1 AF with diversion rate of 0.033 cfs, is identified by

Well Permit 66667-F, and is located in SE1/4, NW1/4, Sec. 6, T8S, R84W, 6th P.M., a dist. of 2,475 ft. from the N. Sec. line and

1,900 ft. from the W. Sec. line. NOTE that contracts no. 632, 193b, 02, 41b, 205, 313a, 343b, 427a, 522, 541a, 574, 586a, 620, 621,

650, 663, 665, 666 and 679 serve more than one augmented structure (which may have different diversion rates and trib. sources). The

included structures are: A-1; Fryingpan River; 507; 1.10; 0.033; 66667-F; SE1/4, NW1/4, Sec. 6, T8S, R84W, 6th P.M., a dist. of

2,475 ft. from the N. Sec. line and 1,900 ft. from the W. Sec. line. A-1; Dry Gulch; 509a; 13.30; 0.067; 212422; SW1/4, SE1/4, Sec.

6, T8S, R84W, 6th P.M., a dist. of 1,175 ft. from the S. Sec. line and 1,400 ft. from the E. Sec. line. A-1; Ruedi Creek; 632; 2.40;

0.076; Ruedi RST Pond; SW1/4, NW1/4, Sec. 6, T8S, R84W, 6th P.M., a dist. of 1,745 ft. from the N. Sec. line and 525 ft. from the

W. Sec. line; and Eureka Ditch NW1/4, NE1/4, Sec. 1, T8S, R85W, 6th P.M. A-2; Fryingpan River; 10; 1.50; 0.086; Dallenbach Well

Pond; 64075-F; SW1/4 NE1/4, Sec. 9, T. 7 S., R. 86 W., 6th P.M. at a pt. 1,570 ft. from the N. and 2,320 ft. from the E. A-2; Seven

Castles Creek; 115f; 0.70; 0.033; Proposed Well; A well to be located in the NW1/4 SE1/4, Sec. 2, T8S, R86W., 6th P.M. A-2;

Fryingpan River; 193b; 25.30; 0.500; Henke Diversion No. 1 (Pipeline); A pt. located on the left bank Fryingpan River in Sec. 9, T. 8

S., R. 85 W., 6th P.M. at a pt. approx. 295 ft. W. E. Sec. line and 1,320 ft. S. N. Sec. line of said Sec. 9. A-2; Frenchmans Creek;

193b; 25.30; 0.450; Henke Diversion No. 2 (Ditch); A pt. located on the bank of Frenchmans Creek, in Sec. 10, T8S, R85W, 6th P.M.

at a pt. 2,000 ft. E. W. Sec. line and 150 ft. S. N. Sec. line of said Sec. 10. This structure is not a Basalt Conduit APOD. A-2;


PAGE 32

Fryingpan River; 193b; 25.30; 0.250; Henke Diversion No. 3 (Well); A pt. located in Sec. 10, T. 8 S., R. 85 W. 6th P.M. at a pt.

approx. 1,400 ft. E. W. Sec. line and 1,510 ft. S. N. Sec. line of said Sec. 10. A-2; Taylor Creek; 459a; 0.40; 0.056; 63318-F; NE1/4,

SW 1/4, Sec. 30, T7S, R85W, 6th P.M., 1,475 ft. from the S. Sec. line and 2,315 ft. from the W. Sec. line, 6th P.M. A-2; Fryingpan

River; 474a; 8.10; 0.111; Pease Diversion; NW1/4, NW1/4 of Sec. 8, T8S, R85W, 6th P.M. at a dist. 475 ft. from the N. Sec. line and

1,245 ft. from the W. Sec. line. A-2; Fryingpan River; 501; 0.70; 0.033; 66005-F; NW1/4, NE1/4, Sec. 7, T8S, R85W, 6th P.M., 550

ft. from the N. Sec. line and 1,995 ft. from the E. Sec. line. A-2; Fryingpan River; 538; 0.90; 0.033; Big Hat Infl. Gallery; SW1/4,

SW1/4 of Sec. 6, T8S, R85W, 6th P.M., located approx. 47 ft. from the S. Sec. line and 22 ft. from the W. Sec. line. A-2; Fryingpan

River; 539a; 2.10; 0.111; 7800 Pump & Pipeline; NW1/4, NW1/4, Sec. 8, T8S, R85W, 6th P.M., located approx. 382 ft. from the N.

Sec. line and 1,190 ft. from the W. Sec. line. A-2; Fryingpan River; 542; 2.20; 0.067; 68983-F; SE1/4 SW1/4 of Sec. 1, T8S, R86W.,

6th P.M. at a pt. 612 ft. from the S. Sec. line and 1,928 ft. from the W. Sec. line. A-2; Fryingpan River; 547; 0.40; 0.033; 67403-F;

SE1/4, SW1/4, Sec. 4, T8S, R86W, 6th P.M., a dist. of 1,280 ft. from the S. Sec. line and 3,580 ft. from the E. Sec. line. A-2;

Fryingpan River; 558a; 0.50; 0.033; 198624; SE1/4, SE1/4, Sec. 6, T8S, R85 W, 6th P.M., 450 ft. from the S. Sec. line and 1,000 ft.

from the E. Sec. line. A-2; Fryingpan River; 572; 17.20; 0.056; Lot 1 King Ranch Reservoir; NW1/4, NW 1/4 of Sec. 7, T8S, R85W.,

6th P.M., approx. 804 ft. from the N. Sec. line and 1,240 ft. from the W. Sec. line. A-2; Seven Castles Creek; 607; 2.10; 0.056; Pearce

Pipeline; NE1/4, SW1/4, Sec. 2, T8S, R86W, 6th P.M., at a pt. 2,079 ft. from the S. Sec. line and 2,454 ft. from the W. Sec. line. A-2;

Seven Castles Creek; 610; 4.70; 0.078; Daniels Division; NE1/4, SW 1/4, Sec. 2, T8S, R86W., 6th P.M., at a pt. 1,872 ft. from the S.

Sec. line and 2,333 ft. from the W. Sec. line. A-2; Seven Castles Creek; 613; 1.00; 0.045; Campbell Diversion; NE1/4, SW1/4, Sec. 2,

T8S, R86W, 6th P.M., 2,062 ft. from the S. Sec. line and 2,438 ft. from the W. Sec. line. A-2; Seven Castles Creek; 614; 3.10; 0.056;

Rupinski Diversion; NE1/4, SW1/4, Sec. 2, T8S, R86W, 6th P.M., at a pt. 2,112 ft. from the S. Sec. line and 2,451 ft. from the W. Sec.

line. A-2; Seven Castles Creek; 623; 2.60; 0.056; Ostrander Diversion; NE1/4, SW1/4, Sec. 2, T8S, R86W, 6th P.M., at a pt. 2,080 ft.

from the S. Sec. line and 2,455 ft. from the W. Sec. line. A-2; Seven Castles Creek; 625; 0.30; 0.009; Popish Diversion; NE1/4,

SW1/4, Sec. 2, T8S, R86W., 6th P.M. at a pt. 1,505 ft. from the S. Sec. line and 2,345 ft. from the W. Sec. line. A-2; Fryingpan River;

669; 3.80; 0.033; 80372-F; SE1/4, SW 1/4, Sec. 2, T8S, R86W, 6th P.M., at a pt. 984 ft. from the S. Sec. line and 2,538 ft. from the E.

Sec. line. A-2; Toner Creek; 672; 1.80; 0.033; 80044-F; NW1/4, SE 1/4, Sec. 3, T8S, R86W, 6th P.M., at a pt. 2,263 ft. from the S.

Sec. line and 1,688 ft. from the E. Sec. line. A-2; Fryingpan River; 695; 1.00; 0.033; 63581-F; SE1/4, SW1/4, Sec. 2, T8S, R86W, 6th

P.M. at a pt. 1,300 ft. from the S. Sec. line and 1,800 ft. from the W. Sec. line. A-4; Roaring Fork River; 02; 8.60; 0.100; 32548-F;

NW1/4, NE1/4 of Sec. 31, T7S, R87W at a pt. 250 ft. from the N. Sec. line and 1,900 ft. from the E. Sec. line; and, 24323-FR;

NW1/4, NE1/4 of Sec. 31, T7S, R87W at a pt. 600 ft. from the N. Sec. line and 2,625 ft. from the E. Sec. line; and, 32547-F, NW1/4,

NE1/4 of Sec. 31, T7S, R87W at a pt. 617 ft. from the N. Sec. line and 2,625 ft. from the E. Sec. line. A-4; Red Canyon Creek; 41b;

15.80; 1.300; 32908-F; NE1/4, SE1/4 of Sec. 24, T6S, R89W., 6th P.M. at a pt. 2,150 ft. from the S. Sec. line and 75 ft. from the E.

Sec. line; and, 58657-F; NW1/4, SE1/4, Sec. 23, T6S, R89W, 6th P.M., 2,639 ft. from the S. Sec. line and 2,418 ft. from the E. Sec.

line. A-4; Blue Creek; 108c; 2.00; 0.033; 66137-F; SW1/4, SE1/4, Sec. 28, T7S, R88W., 6th P.M., a dist. of 3,980 ft. from the N. Sec.

line and 2,622 ft. from the E. Sec. line. A-4; Blue Creek; 109e; 0.70; 0.033; 66137-F; SW1/4, SE1/4, Sec. 28, T7S, R88W., 6th P.M., a

dist. of 3,980 ft. from the N. Sec. line and 2,622 ft. from the E. Sec. line. A-4; Roaring Fork River; 205; 3.70; 0.400; 61338-F; NE1/4,

NW1/4, Sec. 30, T6S, R88W, 6th P.M. a dist. of 245 ft. from the S. Sec. line and 860 from the W. Sec. line; and, 41374-F; NE1/4,

NW1/4, Sec. 30, T6S, R88W, 6th P.M., a dist. of 4,850 ft. from the S. Sec. line and 3,400 ft. from the E. Sec. line; and, 41375-F;

NE1/4, NW1/4, Sec. 30, T6S, R88W, 6th P.M., 4,300 ft. from the S. Sec. line, 3,100 ft. from the E. Sec. line; and, 41376-F; SE1/4,

NW1/4, Sec. 30, T6S, R88W, 6th P.M., a dist. of 3,600 ft. from the S. Sec. line and 2,900 ft. from the E. Sec. line; and, 41377-F;

SE1/4, NW1/4, Sec. 30, T6S, R88W, 6th P.M., a dist. of 3,350 ft. from the S. Sec. line and 3,100 ft. from the E. Sec. line. A-4; Crystal

Spring Creek; 217b; 2.20; 0.033; 42712-F; NE1/4, NE1/4, Sec. 25, T7S, R88W., 6th P.M at a pt. 500 ft. from the N. Sec. line and 600

ft. from the E. Sec. line. A-4; Roaring Fork River; 218a; 0.70; 0.033; Proposed Well; Sec. 33, T7S, R87W., 6th P.M. A-4; Roaring

Fork River; 232; 1.50; 0.230; Town of Carbondale Municipal System Town of Carbondale Municipal System (Contract for Winter

Depletions), Hendrick Ranch PUD. A-4; Roaring Fork River; 246; 2.70; 0.067; Town of Carbondale Municipal System Town of

Carbondale Municipal System, River Valley Ranch Subdivision. A-4; Roaring Fork River; 286c; 0.30; 0.033; 54528-F; SW1/4, SE1/4,

Sec. 33, T7S, R87W, 6th P.M., 480 ft. from S. Sec. line and 1,560 ft. from E. Sec. line. A-4; Red Canyon Creek; 295a; 0.20; 0.033;

50536-F; SW1/4, NW1/4, Sec. 26, T6S, R89W, 6th P.M., at a pt. 3,000 ft. from the S. Sec. line and 4,325 ft. from the E. Sec. line. A-

4; Roaring Fork River; 313a; 2.20; 0.133; 77365-F; SE1/4, SE1/4, Sec. 3, T8S, R87W, 6th P.M., 9 ft. from the S. Sec. line and 568 ft.

from the E. Sec. line; and, 38018-F; SE1/4, NE1/4, Sec. 10, T8S, R87W, 6th P.M., 1,430 ft. from the N. Sec. line and 4,988 ft. from

the W. Sec. line. A-4; Roaring Fork River; 343b; 9.20; 0.234; 53232-F; SE1/4, NW1/4 of Sec. 31, T7S, R87W, 6th P.M., at a pt. 1,603

ft. from the N. Sec. line and 2,220 ft. from the W. Sec. line; and, 58810-F; SE1/4, NW1/4 of Sec. 31, T7S, R87W, 6th P.M., at a pt.

1,750 ft. from the N. Sec. line and 1,940 ft. from the W. Sec. line; and, 53322-F; SE1/4, NW1/4 of Sec. 31, T7S, R87W, 6th P.M., at a

pt. 1,826 ft. from the N. Sec. line and 1,934 ft. from the W. Sec. line. A-4; Roaring Fork River; 349a; 0.40; 0.033; 68724-F; SE1/4,

SE1/4, Sec. 33, T7S, R87W, 6th P.M., 150 ft. from the S. Sec. line and 915 ft. from the E. Sec. line. A-4; Roaring Fork River; 356;

0.60; 0.033; Mineral Spring; NW1/4, NW 1/4, Sec. 2, T8S, R88W, 6th P.M. A-4; Spring Valley; 402; 0.10; 0.033; B-R Hopkins

Spring; SW1/4, NW1/4 of Sec. 28, T6S, R88W, 6th P.M. at a pt. whence the N. Quarter Corner of Sec. 29, said T. and R. bears N. 57

deg. 37’ 27” W 3,159.65 ft. A-4; Cattle Creek; 411c; 1.80; 0.056; 60669-F; SE1/4, SE1/4, Sec. 7, T7S, R88W, 6th P.M., 400 ft. from

S. Sec. line and 825 ft. from the E. Sec. line. A-4; Roaring Fork River; 427a; 22.90; 0.290; 61251-F; SW1/4, NE1/4 , Sec. 31, T7S,

R87W, 6th P.M., 1,931 ft. from the N. Sec. line and 2,058 ft. from the E. Sec. line; and, 61252-F; NW1/4, SE1/4, Sec. 31, T7S,


PAGE 33

R87W, 6th P.M., 2,657 ft. from the N. Sec. line and 1,972 ft. from the E. Sec. line; and, 61253-F; NW1/4, SE1/4, Sec. 31, T7S,

R87W, 6th P.M, 3,020 ft. from the N. Sec. line and 2,597 ft. from the E. Sec. line; and, 61254-F; NW1/4, SE1/4, Sec. 31, T7S, R87W,

6th P.M., 3,163 ft. from N. Sec. line and 2,045 ft. from E. Sec. line. A-4; Roaring Fork River; 443d; 0.40; 0.033; 68021-F; SE1/4,

SW1/4 of Sec. 30, T7S, R87W., 6th P.M. at a pt. 80 ft. from the S. Sec. line and 2,270 ft. from the W. Sec. line. A-4; Crystal Spring

Creek; 465; 0.20; 0.033; 41391; NE1/4, SW 1/4, Sec. 23, T7S, R88W, 6th P.M., 2,500 ft. from the W. Sec. line and 1,650 ft. from the

S. Sec. line. A-4; Crystal Spring Creek; 494; 0.40; 0.033; 64598-FR; SW1/4, NW 1/4, Sec. 25, T7S, R88W., 6th P.M., 2,526 ft. from

the N. Sec. line and 687 ft. W. Sec. line. A-4; Blue Creek; 495b; 0.50; 0.033; 263815; NW1/4, SE1/4, Sec. 21, T7S, R87W, 6th P.M.,

2,340 ft. from the S. Sec. line and 1,980 ft. from the E. Sec. line. A-4; Roaring Fork River; 503; 4.50; 0.067; 68972-F; SE1/4, SE 1/4,

Sec. 4, T8S, R87W, 6th P.M., 200 ft. from the S. Sec. line and 1,186 ft. from E. Sec. line. A-4; Blue Creek; 504a; 2.40; 0.033; 66798-

FR; NW1/4, NE1/4, Sec. 34, T7S, R87W, 6th P.M., at a dist. of 4,250 ft. from the S. Sec. line and 1,925 ft. from the E. Sec. line. A-4;

Roaring Fork River; 505; 0.20; 0.033; 93294-VE; NW1/4, NW1/4, Sec. 27, T7S, R88W, 6th P.M., 70 ft. from the N. Sec. line and

1090 ft. from the W. Sec. line, 6th P.M. A-4; Roaring Fork River; 506; 0.10; 0.033; 154861; SW1/4, NW1/4, Sec. 35, T7S, R88W, 6th

P.M., at a dist. of 1,647 ft. from the N. Sec. line and 100 ft. from the W. Sec. line. A-4; Roaring Fork River; 518a; 6.80; 0.067; 67194-

F; NW1/4, SW1/4, Sec. 33, T7S, R87W, 6th P.M., at a dist. of 1,950 ft. from the S. Sec. line and 725 ft. from the W. Sec. line. A-4;

Roaring Fork River; 519a; 1.30; 0.033; 66011-F; NW1/4, SW1/4, Sec. 28, T7S, R88W, 6th P.M., 2,645 ft. from the S. Sec. line and

4,420 ft. from the E. Sec. line, 6th P.M. A-4; Roaring Fork River; 522; 4.80; 0.033; 66981-F; NW1/4, SW1/4, Sec. 11, T8S, R87W,

2,278 ft. from the S. Sec. line and 607 ft. from the W. Sec. line, 6th P.M.; and, 66982-F; NW1/4, SW1/4, Sec. 11, T8S, R87W, 2,214

ft. from the S. Sec. line and 638 ft. from the W. Sec. line, 6th P.M. A-4; Roaring Fork River; 523; 1.30; 0.033; Surface Diversion;

NW1/4, SE1/4, Sec. 1, T7S, R89W, 6th P.M., 1,750 ft. from the S. Sec. line and 1,950 ft. from the E. Sec. line. A-4; Roaring Fork

River; 525; 0.20; 0.033; 69023-F; NW1/4, NW1/4, Sec. 32, T7S, R87W, 6th P.M., at a dist. of 1,144 ft. from the N. Sec. line and 836

ft. from the W. Sec. line. A-4; Blue Creek; 527b; 1.20; 0.033; Proposed Well; NW1/4, SE1/4, Sec. 21, T7S, R87W, 6th P.M., 1,900 ft.

from the S. Sec. line and 2,385 ft. from the E. Sec. line. A-4; Blue Creek; 533; 4.10; 0.033; Proposed Well; SE1/4, SE1/4, Sec. 28,

T7S, R87W, 6th P.M., 12 ft. from the S. Sec. line and 1,130 ft. from the E. Sec. line. A-4; Roaring Fork River; 536; 0.40; 0.033;

67140-F; SW1/4, NW 1/4, Sec. 1, T7S, R89W, 6th P.M., 3,720 ft. from S. Sec. line, 1,580 ft. from the E. Sec. line, 6th P.M. A-4;

Roaring Fork River; 537; 0.60; 0.033; 66774-F; SW1/4, NW 1/4, Sec. 36, T7S, R88W, 6th P.M., 2,560 ft. from N. Sec. line and 500

ft. from W. Sec. line. A-4; Roaring Fork River; 541a; 1.00; 0.003; Home Supply Ditch; NW1/4 SW1/4 of Sec. 17, T8S, R86W, 6th

P.M. at a pt. 2,609 ft. from the S. Sec. line and 735 ft. from the W. Sec. line; and, WJWJ N. Pond; SE1/4, SW 1/4, Sec. 11, T8S,

R87W, 6th P.M., at a pt. 162 ft. from the S. Sec. line and 2295 ft. from the W. Sec. line; and, 2701 Pond; SE1/4, SW1/4 of Sec. 11,

T8S, R87 W, 6th P.M. at a pt. 1,196 ft. from the S. Sec. line and 1,463 ft. from the W. Sec. line. A-4; Roaring Fork River; 543a; 1.00;

0.033; 66915-F; NW1/4, SE1/4, Sec. 34, T7S, R88W, 6th P.M., 2,2120 ft. from the S. Sec. line and 2,100 from the E. Sec. line. A-4;

Roaring Fork River; 552; 1.00; 0.033; 67725-F; SE 1/4, NE 1/4, Sec. 3, T8S, R87W, 6th P.M., 2,750 ft. from the S. Sec. line and 400

ft. from the E. Sec. line. Contract 89 also served by this well. A-4; Blue Creek; 554; 0.60; 0.033; 35484; NW1/4, SE 1/4, Sec. 27, T7S,

R87W, 6th P.M., 2,620 ft. from S. Sec. line and 2,420 ft. from the E. Sec. line. A-4; Roaring Fork River; 556; 1.80; 0.033; 67391-F;

NW1/4, NW1/4, Sec. 13, T8S, R87W, 6th P.M., 450 ft. from the N. Sec. line and 1,330 ft. from the W. Sec. line. A-4; Roaring Fork

River; 565a; 3.60; 0.167; Proposed Wells; Wells for 5 lots located in Sec. 10, T8S, R87W, 6th P.M. A-4; Spring Valley; 569c; 1.30;

0.033; 69083-F; SE1/4, SW 1/4, Sec. 28, T6S, R88W, 6th P.M., 550 ft. from the S. Sec. line and 3295 ft. from the E. Sec. line. A-4;

Roaring Fork River; 574; 1.30; 0.067; 68877-F; Sec. 7, T8S, R86W, in the 6th P.M., at a pt. 1,659 ft. from the E. line and 1,124 ft.

from the S. line of Sec. 7; and, 68878-F; Sec. 7, T8S, R86W, in the 6th P.M. at a pt. 1,656 ft. from the E. line and 1,038 ft. from the S.

line of Sec. 7. A-4; Blue Creek; 575; 0.30; 0.033; Proposed Well; NE1/4 SW 1/4, Sec. 27, T7S, R87W, 6th P.M., at a pt. 2,553 ft.

from the W. Sec. line and 1,371 ft. from the S. Sec. line. A-4; Roaring Fork River; 580; 0.80; 0.033; 80525-F; NE1/4, SW1/4, Sec. 28,

T7S, R88W, 6th P.M., 1,837 ft. from the S. Sec. line and 2,125 ft. from the W. Sec. line. A-4; Cattle Creek; 582a; 1.00; 0.033; 81002;

SW1/4, NE 1/4, Sec. 17, T7S, R88W, 6th P.M., 1,410 ft. from the N. Sec. line and 2,690 ft. from the E. Sec. line. A-4; Roaring Fork

River; 583; 1.00; 0.033; 74636-F; SW1/4, NW 1/4, Sec. 28, T7S, R88W, 6th P.M., a dist. of 3,200 ft. from the S. Sec. line and 500 ft.

from the W. Sec. line, 6th P.M. A-4; Roaring Fork River; 586a; 33.00; 0.500; Basin Ditch; NW1/4, SW1/4 of Sec. 33, T7S, R87W,

6th P.M., at a pt. 1,530 ft. from the S. Sec. line and 1,235 ft. from the W. Sec. line; and, 78443-F; SW1/4, SE 1/4, Sec. 26, T7S,

R88W, 6th P.M., 1170 ft. from the S. Sec. line and 1585 ft. from the E. Sec. line; and, 78444-F; NE1/4, SE 1/4, Sec. 26, T7S, R88W,

6th P.M., 1790 ft. from the S. Sec. line and 1130 ft. from the E. Sec. line. A-4; Roaring Fork River; 604; 0.30; 0.033; 41048; SW1/4,

SE1/4, Sec. 11, T8S, R87W, 6th P.M., at a pt. 164 ft. from the S. Sec. line and 1,217 ft. from the E. Sec. line. A-4; Roaring Fork

River; 605; 0.40; 0.010; Launsbury Ditch and Pipeline; Pond Evaporation and Livestock - Whence the SW corner of Sec. 31, T7S,

R87W., 6th P.M. bears S. 63 deg., 41 min. W. A-4; Spring Valley; 606; 0.70; 0.033; 67700-F; NW1/4, NE1/4, Sec. 29, T6S, R88W.,

6th P.M. at a pt. 50 ft. from the N. Sec. line and 1,857 ft. from the E. Sec. line. A-4; Roaring Fork River; 616; 1.00; 0.033; 79328-F;

NW1/4, SE1/4 of Sec. 35, T7S, R88W, 6th P.M. at a pt. 2,356 ft. from the S. Sec. line and 1,588 ft. from the E. Sec. line. A-4;

Roaring Fork River; 620; 1.00; 0.033; Romeo's Well 75551; SW1/4, SE1/4, Sec. 11, T8S, R87W, 6th P.M., 500 ft. from the S. Sec.

line and 1500 ft. from the E. Sec. line; and, Noto Pond System Pond evaporation; Centroid at SE1/4, SE1/4, Sec. 11, T8S, R87W, 6th

P.M. at a pt. 500 ft. from S. Sec. line and 400 ft. from E. Sec. line. A-4; Roaring Fork River; 621; 1.60; 0.067; Gabossi Lot 5A Well;

SW1/4, SE1/4, Sec. 33, T7S, R87W., 6th P.M. at a pt. approx. 730 ft. from the S. Sec. line and 2,249 ft. from the E. Sec. line; and,

Gabossi Lot 5B Well; SW1/4, SE1/4, Sec. 33, T7S, R87W., 6th P.M. at a pt. approx. 890 ft. from the S. Sec. line and 2,410 ft. from

the E. Sec. line. A-4; Roaring Fork River; 626a; 0.50; 0.033; 77983-F; SW1/4, NW 1/4, Sec. 26, T6S, R89W, located 2,013 ft. from


PAGE 34

the N. Sec. line and 713 ft. from the W. Sec. line. A-4; Cattle Creek; 627; 0.60; N/A; Reinarz Water Collection System; SW1/4,

SW1/4 of Sec. 8, T7S, R88W., 6th P.M. at a pt. 619 ft. from the S. Sec. line and 684 ft. from the W. Sec. line. A-4; Roaring Fork

River; 628a; 23.60; 0.111; 78716-F; NW1/4, NW1/4, Sec. 14, T8S, R87 W., 6th P.M, 866 ft. from the N. Sec. line and 838 ft. from the

W. Sec. line. A-4; Roaring Fork River; 631; 0.90; 0.033; 79499-F; SE1/4, NE1/4 of Sec. 1, T7S, R89W., 6th P.M. at a pt. 2,800 ft.

from the S. Sec. line and 160 ft. from the E. Sec. line. A-4; Roaring Fork River; 639; 2.30; 0.067; 78596-F; NW1/4, NW1/4 of Sec.

31, T7S, R87W., 6th P.M. at a pt. 1070 ft. from the N. Sec. line and 548 ft. from the W. Sec. line. A-4; Roaring Fork River; 640; 1.00;

0.067; 80810-F; NW1/4, NE1/4 of Sec. 4, T8S, R87W., 6th P.M. at a pt. 1276 ft. from the N. Sec. line and 2,002 ft. from the E. Sec.

line. A-4; Roaring Fork River; 645; 0.40; 0.045; 80422-F; NE1/4, NE1/4 of Sec. 29, T7S, R88W, 6th P.M. at a pt. 69 ft. from the N.

Sec. line and 390 ft. from the E. Sec. line. A-4; Cattle Creek; 650; 4.40; 0.067; 45185-FR; SW1/4, SW1/4 of Sec. 8, T7S, R88W, 6th

P.M. at a pt. 1,251 ft. from the S. Sec. line and 338 ft. from the W. Sec. line; and, Proposed Well; SW1/4, SW1/4, Sec. 8, T7S, R88W,

6th P.M. at a pt. 1,251 ft. from the S. Sec. line and 238 ft. from the W. Sec. line. A-4; Roaring Fork River; 652; 1.00; 0.033; 79070-F;

NE1/4, SW 1/4, Sec. 35, T6S, R89W, 6th P.M., at a location 1612 ft. from the S. Sec. line and 1559 ft. from the W. Sec. line. A-4;

Roaring Fork River; 653; 0.90; 0.033; 79070-F; NE1/4, SW1/4 of Sec. 35, T6S, R85W, 6th P.M. at a pt. 2,410 ft. from the S. Sec. line

and 2,560 from the W. Sec. line. A-4; Roaring Fork River; 657; 0.60; 0.067; Tuttle Surface Diversion; NW1/4, SE1/4 of Sec. 1, T7S,

R89W, 6th P.M. at a pt. 2,181 ft. from the N. Sec. line and 2,146 ft. from the E. Sec. line. A-4; Roaring Fork River; 658; 1.00; 0.033;

64195-F; SW1/4, NE1/4 of Sec. 32, T7S, R87W, 6th P.M. at a pt. 2,310 ft. from the N. Sec. line and 1,980 ft. from the E. Sec. line. A-

4; Roaring Fork River; 661a; 1.00; 0.033; 79394-F; NE1/4, SE1/4, Sec. 32, T7S, R87W, 6th P.M., 2590 ft. from the S. Sec. line and

945 ft. from the E. Sec. line. A-4; Roaring Fork River; 662b; 1.00; 0.033; 79381-F; NE1/4, SE1/4, Sec. 32, T7S, R87W, 6th P.M., at a

pt. 2350 ft. from the S. Sec. line and 340 ft. from the E. Sec. line. A-4; Roaring Fork River; 663; 16.70; 0.134; 78425-F; SE1/4, SE1/4,

Sec. 4, T8S, R87W, 6th P.M. 800 ft. from the S. Sec. line and 700 ft. from the E. Sec. line; and, 79426-F; SE1/4 NE1/4 Sec. 4, T8S,

R87W, 6th P.M. 2,690 ft. from the S. Sec. line and 657 ft. from the E. Sec. line; and, Home Supply Ditch; SE1/4 SW1/4 NW1/4 of

Sec. 17, T8S, R86W 6th P.M. at pt. where the SW1/4 of Sec. 17 bears S. 16 deg. 30 min. W. 2,700 ft. A-4; Roaring Fork River; 665;

1.40; 0.033; 80004-F; NE1/4, SW1/4 of Sec. 33, T7S, R87W, 6th P.M. at a pt. 1,700 ft. from the S. Sec. line and 2,150 ft. from the W.

Sec. line; and, Arlian Ditch No. 1; Southerly bank of Blue Creek whence the SW Corner, Sec. 34, T7S, R87W, 6th P.M. bears S. 34

deg. 23.5’ W. 2,975.62 ft.; and, Arlian Ditch No. 2; Southerly bank of Blue Creek whence the S.W. Corner, Sec. 34, T7S, R87W, 6th

P.M. bears S. 29 deg. 47’ W. 2,811.33 ft. A-4; Roaring Fork River; 666; 2.10; 0.033; 79818-F; SE1/4 SW1/4 of Sec. 30, T7S, R87W,

6th P.M. at a pt. 882 ft. from the S. Sec. line and 1,938 ft. from the W. Sec. line; and, 80710-F; SE 1/4, SW 1/4, Sec. 30, T7S, R87W,

6th P.M., 952 ft. from S. Sec. line and 1985 ft. from W. Sec. line. A-4; Roaring Fork River; 667a; 0.40; 0.033; 79762-F; SE1/4, SE1/4

of Sec. 28, T7S, R88W, 6th P.M. at a pt. 161 ft. from the S. Sec. line and 508 ft. from the E. Sec. line. A-4; Roaring Fork River; 668a;

1.50; 0.033; 80311-F; SE1/4, SE1/4, Sec. 28, T7S, R88W, 6th P.M., 361 ft. from the S. Sec. line and 419 ft. from the E. Sec. line. A-4;

Red Canyon Creek; 671; 12.10; 0.116; 80675-F; NW1/4, SW1/4, of Sec. 3, T7S, R88W, 6th P.M. at a pt. 2,500 ft. from the S. Sec.

line and 125 ft. from the W. Sec. line. A-4; Roaring Fork River; 673; 0.50; 0.033; Strook Well No. 1; NW1/4, SW1/4 of Sec. 22, T7S,

R88W, 6th P.M. at a pt. 1,833 ft. from the S. Sec. line and 1,120 ft. from the W. Sec. line. A-4; Roaring Fork River; 677; 1.00; 0.033;

Surface Diversion; NW1/4, SE1/4 of Sec. 1, T7S, R89W, 6th P.M. at a pt. 1919 ft. from the S. Sec. line and 2044 ft. from the E. Sec.

line. A-4; Roaring Fork River; 678; 0.70; 0.033; 50236-F; NW1/4, SE1/4 of Sec. 35, T6S, R85W, 6th P.M. at a pt. 1,700 ft. from the

S. Sec. line and 1,950 ft. from the E. Sec. line. A-4; Roaring Fork River; 679; 2.00; N/A; Aspen Glen Well No. 2; NW1/4, NE1/4, Sec.

29, T7S, R88, 6th P.M., 768 ft. from N. Sec. line and 2200 ft. from E. Sec. line; and, Aspen Glen Well No. 3; NW1/4, NE1/4, Sec. 29,

T7S, R88W, 6th P.M., 508 ft. from the N. Sec. line and 1784 ft. from E. Sec. line; and, Aspen Glen Well No. 4; NW 1/4, NE 1/4, Sec.

29, T7S, R88W, 6th P.M., 788 ft. from the N. Sec. line and 2462 ft. from the E. Sec. line. A-4; Roaring Fork River; 680; 1.70; 0.033;

178788; NE1/4, SE1/4 of Sec. 12, T8S, R87W, 6th P.M. at a pt. 1,400 ft. from the S. Sec. line and 710 ft. from the E. Sec. line. A-4;

Roaring Fork River; 681; 0.10; 0.033; Pump & Pipeline; NW1/4, SE1/4, Sec. 1, T7S, R89W, 6th P.M., at a pt. 1,448 ft. from the S.

Sec. line and 2,064 ft. from the E. Sec. line. A-4; Roaring Fork River; 682; 0.60; 0.033; Mineral Spring and Ditch; NW1/4, NW1/4,

Sec. 2, T8S, R88W, 6th P.M., at a pt. 701 ft. from the N. Sec. line and 725 ft. from the W. Sec. line. A-4; Roaring Fork River; 685;

0.60; 0.029; 80894-F; SW1/4, SE 1/4, Sec. 35, T7S, R88W, 6th P.M., 580 ft. from S. Sec. line and 1653 ft. from E. Sec. line. A-4;

Roaring Fork River; 687; 0.40; 0.033; 81099-F; SW1/4, NW1/4 of Sec. 27, T7S, R88W, 6th P.M. at a pt. 1,718 ft. from the N. Sec.

line and 220 ft. from the W. Sec. line. A-4; Roaring Fork River; 688; 1.00; 0.033; 81417-F; NW1/4, NW1/4 of Sec. 20, T7S, R88W,

6th P.M. at a pt. 227 ft. from the N. Sec. line and 1,065 ft. from the W. Sec. line. A-4; Roaring Fork River; 689; 1.20; 0.033; 81109-F;

SE1/4, SW1/4 of Sec. 28, T7S, R88W, 6th P.M. at a pt. 1,198 ft. from the S. Sec. line and 2,509 ft. from the W. Sec. line. A-4;

Roaring Fork River; 692; 1.60; 0.067; Haftel Pump & Pipeline; NW1/4, SE1/4 of Sec. 1, T7S, R89W 6th P.M. at a pt. 1,610 ft. from

the S. Sec. line and 2,020 ft. from the E. Sec. line. A-4; Roaring Fork River; 694; 6.80; 0.134; RFP2 Pump & Pipeline; SE1/4, NW1/4

of Sec. 36, T7S, R88W 6th P.M. at a pt. 1,926 ft. from the N. Sec. line and 1,660 ft. from the W. Sec. line. Map Exhibits A and B

depict these augmented structures and alternate pt. of diversion. District’s Service Area within Area A, Sub-Areas A-1, A-2, and A-4:

For purposes of the Umbrella Plan approved in Ruling 1 of 2, the Court divided the District’s Area A into three sub-areas A-1, A-2

and A-4, as depicted in Exhibits A and B. Each sub-area contains a portion of either the Roaring Fork River or Fryingpan River, and

designated tribs., in which the District provides service under the Umbrella Plan, incl. through operation of the Subject Water Rights.

Area A-1 Description: Area A-1 includes structures that divert water from within that portion of Area A encompassing all areas trib.

to the Fryingpan River and its tribs. in a stream reach from the outlet of Ruedi Reservoir to an upstream terminus at the inlet of Ruedi

Reservoir, a distance of approx. 4 miles. The outlet of Ruedi Reservoir is in Pitkin County on the Fryingpan River just upstream from


PAGE 35

its conf. with Rocky Fork Creek in the NW1/4, Sec. 18, T. 8 S., R. 84 W. of the 6th P.M. The inlet of Ruedi Reservoir is in Pitkin

County on the Fryingpan River just upstream from its conf. with Miller Creek, in the NW1/4 NE1/4, Sec. 14, T. 8 S., R. 84 W. of the

6th P.M. Legal Description of Lands Included within Area A-1: T. 7 S., R. 84 W., 6th P.M.: Sec. 26: W1/2W1/2; Sec. 27; Sec. 28:

E1/2; SW1/4; Sec. 31: SW1/4; Sec. 32: E1/2E1/2; Sec. 33: W1/2W1/2; E1/2E1/2; Sec. 34. T. 8 S., R. 84 W., 6th P.M.: Sec. 2:

W1/2W1/2; Sec. 3 through 10; Sec. 11: W1/2; Sec. 14: W1/2; SE1/4; Sec. 15 through 17; Sec. 18: NE1/4; Sec. 20: NE1/4; Sec. 21

through 23; Sec. 24: W1/2W1/2; Sec. 25: W1/2W1/2; Sec. 26; Sec. 27: N1/2; Sec. 28: NE1/4; Sec. 35; Sec. 36: W 1/2. T. 8 S., R. 85

W., 6th P.M.: Sec. 1; Sec. 12: NE1/4. T. 9 S., R. 83 W., 6th P.M.: Sec. 6: S1/2; Sec. 7: N1/2. T. 9 S., R. 84 W., 6th P.M.: Sec. 1: S1/2;

NW1/4; Sec. 2: E1/2; Sec. 12: NE1/4. Major Tributaries to the Fryingpan River Included within Area A-1: Miller Creek: from its

conf. with Ruedi Reservoir and the Fryingpan River in the NW1/4, Sec. 14, T. 8 S., R. 84 W. of the 6th P.M. upstream to its

headwaters, incl. all areas trib. to Miller Creek and the Fryingpan River. Two-by-Four Creek: from its conf. with the Fryingpan River

in the SW1/4, Sec. 11, T. 8 S., R. 84 W. of the 6th P.M. upstream to its headwaters, incl. all areas trib. to Two-by-Four Creek and the

Fryingpan River. Freeman Creek: from its conf. with Ruedi Reservoir and the Fryingpan River in the SW1/4, Sec. 9, T. 8 S., R. 84 W.

of the 6th P.M. upstream to its headwaters, incl. all areas trib. to Freeman Creek and the Fryingpan River. Smith Creek: Div. Water

Res. Stream ID # 41, from its conf. with Ruedi Reservoir and the Fryingpan River in the SE1/4, Sec. 8, T. 8 S., R. 84 W. of the 6th

P.M. upstream to the headgate of the Irondale Ditch located in the SW1/4 NE1/4 NE1/4, Sec. 5, T. 8 S., R. 84 W. of the 6th P. M.,

incl. all areas trib. to Smith Creek and the Fryingpan River within this reach. That portion of Smith Creek and its tribs. above the

headgate of the Irondale Ditch is in Area B and not included within the Umbrella Plan. Pond Creek: from its conf. with Ruedi

Reservoir and the Fryingpan River in the NE1/4, Sec. 7, T. 8 S., R. 84 W. of the 6th P.M. upstream to the headgate of the Pond No. 2

Ditch located in the NW1/4 SW1/4 SW1/4, Sec. 32, T. 7 S., R. 84 W. of the 6th P.M., incl. all areas trib. to Pond Creek and the

Fryingpan River within this reach. That portion of Pond Creek and its tribs. above the headgate of the Pond No. 2 Ditch is in Area B

and not included within the Umbrella Plan. Ruedi Creek: Div. Water Res. Stream ID # 37, from its conf. with Ruedi Reservoir and the

Fryingpan River in the NE1/4, Sec. 7, T. 8 S., R. 84 W. of the 6th P.M. upstream to the headgate of the Eureka Ditch located in the

NE1/4 NW1/4 NE1/4, Sec. 1, T. 8 S., R. 85 W. of the 6th P.M., incl. all areas trib. to Ruedi Creek and the Fryingpan River within this

reach. That portion of Ruedi Creek and its tribs. above the headgate of the Eureka Ditch is in Area B and not included within the

Umbrella Plan. Area A-2 Description: Area A-2 includes structures that divert water from within that portion of Area A

encompassing all areas trib. to the Fryingpan River and its tribs. in a stream reach extending from the conf. of the Fryingpan River

with the Roaring Fork River to an upstream terminus at the outlet of Ruedi Reservoir, a distance of approximately 18 miles. The conf.

of the Fryingpan River and the Roaring Fork River, is located in Pitkin County within the Town of Basalt, Colorado in the SE1/4, Sec.

7, T. 8 S., R. 86 W. of the 6th P.M., the outlet of Ruedi Reservoir, is in Pitkin County on the Fryingpan River just upstream from its

conf. with Rocky Fork Creek in the NE1/4, Sec. 18, T. 8 S., R. 84 W. of the 6th P.M. Legal Description of Lands Included within

Area A-2: T. 7 S., R. 86 W., 6th P.M.: Sec. 24: S1/2; NW1/4; Sec. 25; Sec. 24: E1/2; Sec. 28: SW1/4SW1/4; Sec. 29: SE1/4SE1/4;

Sec. 32: SE1/4SE1/4; Sec. 33: W1/2; SE1/4; Sec. 33; Sec. 35: E1/2; SE1/4SW1/4; Sec. 36. T. 8 S., R. 86 W., 6th P.M.: Sec. 1; Sec. 2;

Sec. 3: S1/2; NW1/4; Sec. 4; Sec. 5: S1/2; Sec. 7 through 11: E1/2E1/2. T. 7 S., R. 85 W., 6th P.M.: Sec. 30: SW1/4; Sec. 31: W1/2;

Sec. 33: SE1/4SE1/4; Sec. 35: SE1/4; Sec. 36: SW1/4SW1/4; SE1/4SE1/4. T. 8 S., R. 85 W., 6th P.M.: Sec. 1; Sec. 2; Sec. 3: SE1/4;

SW1/4; Sec. 4: E1/2; SW1/4; Sec. 5: W1/2; SE1/4; SE1/4; Sec. 6: SE1/4SE1/4; W1/2; Sec. 7: NE1/4NE1/4; NW1/4NW1/4; Sec. 8;

Sec. 9: W1/2; NE1/4; Sec. 10 through 15; Sec. 16: W1/2; Sec. 17: N1/2; Sec. 22: NE1/4; Sec. 23: N1/2; Sec. 24; Sec. 25: NE1/4. T. 8

S., R. 84 W., 6th P.M.: Sec. 18: W1/2; Sec. 19; Sec. 20: S1/2; Sec. 27: S1/2; Sec. 28; Sec. 29: N1/2; SE1/4; Sec. 30: N1/2; Sec. 32:

E1/2E1/2; Sec. 33; Sec. 34; Sec. 35: W1/2. T. 9 S., R. 84 W. 6th P.M.: Sec. 3; Sec. 4: E1/2; NE1/4NW1/4; Sec. 9: NE1/4; Sec. 10

through 12. Major Tributaries to the Fryingpan River Included within Area A-2: Frenchman Creek: Division of Water Resources

Stream Identification No. 35, beginning from its conf. with the Fryingpan River in the NW1/4, Sec. 10, T. 8 S., R. 85 W. of the 6th

P.M. upstream to the headgate of the Frenchman Ditch No. 3 located in the SE1/4 NE1/4 SW1/4, Sec. 3, T. 8 S., R. 85 W. of the 6th

P.M., incl. all areas trib. to Frenchman Creek and the Fryingpan River within this reach. That portion of Frenchman Creek and its

tribs. above the headgate of the Frenchman Ditch No. 3 is in Area B and not included within the Umbrella Plan. Downey Creek: Div.

Water Res. Stream ID # 33, from its conf. with the Fryingpan River in NE1/4, Sec. 8, T. 8 S., R. 85 W., 6th P.M. upstream to the

headgate of the Downey Ditch No. 1 located in the NE1/4 SW1/4 SE1/4, Sec. 5, T. 8 S., R. 85 W. of the 6th P.M. and the headgate of

the Downey Ditch No. 2 located in the NW1/4 SW1/4 SE1/4, Sec. 5, T. 8 S., R. 85 W. of the 6th P.M., incl. all areas trib. to Downey

Creek and the Fryingpan River within this reach. That portion of Downey Creek and its tribs. above the headgates of the Downey

Ditch Nos. 1 & 2 is in Area B and not included within the Umbrella Plan. Otto Creek: Div. Water Res. Stream ID # 31, from its conf.

with the Fryingpan River in the NE1/4, Sec. 7, T. 8 S., R. 85 W. of the 6th P.M. upstream to the headgate of the Horn Ditch in the

SW1/4 SW1/4 SE1/4, Sec. 6, T. 8 S., R. 85 W. of the 6th P.M., incl. all areas trib. to Otto Creek and the Fryingpan River within this

reach. That portion of Otto Creek and its tribs. above the headgate of the Horn Ditch is in Area B and not included within the

Umbrella Plan. Taylor Creek: Div. Water Res. Stream ID # 29, beginning from its conf. with the Fryingpan River in the NE1/4, Sec.

12, T. 8 S., R. 86 W. of the 6th P.M. upstream to the headgate of the Shehi Ditch located in NE1/4 NW1/4 NW1/4, Sec. 30, T. 7 S., R.

85 W. of the 6th P.M., incl. all areas trib. to Taylor Creek and the Fryingpan River within this reach. That portion of Taylor Creek and

its tribs. above the Shehi Ditch is in Area B and not included within the Umbrella Plan. Seven Castles Creek: From its conf. with the

Fryingpan River in the SW1/4, Sec. 2, T. 8 S., R. 86 W. of the 6th P.M. up to its headwaters incl. all areas trib. to Seven Castles Creek

and the Fryingpan River. Toner Creek: Div. Water Res. Stream ID # 27, from its conf. with the Fryingpan River in the NE1/4, Sec. 10,

T. 8 S., R. 86 W. of the 6th P.M. upstream to the headgate of the Smith Toner Creek Ditch No. 2 located in the NE1/4 NW1/4 SW1/4,


PAGE 36

Sec. 3, T. 8 S., R. 86 W. of the 6th P.M., incl. all areas trib. to Toner Creek and the Fryingpan River within this reach. That portion of

Toner Creek and its tribs. above the headgate of the Smith Toner Creek Ditch No. 2 is in Area B and not included within the Umbrella

Plan. Box Canyon Creek and Watershed areas trib. to the Fryingpan River: Watershed areas located N. and directly trib. to the

Fryingpan River at locations downstream of the conf. with Toner Creek in the NE1/4, Sec. 10, T. 8 S., R. 86 W., of the 6th P.M. and

upstream of the conf. with the Roaring Fork River in the SE1/4, Sec. 7, T. 8 S., R. 86 W. of the 6th P.M. Rocky Fork Creek: From its

conf. with the Fryingpan River in the NW1/4, Sec. 18, T. 8 S., R. 84 W. of the 6th P.M. upstream to its headwaters incl. all areas trib.

to Rocky Fork Creek and the Fryingpan River. Bear Creek: From its conf. with the Fryingpan River in the NW1/4, Sec. 13, T. 8 S., R.

85 W. of the 6th P.M. upstream to its headwaters incl. all areas trib. to Bear Creek and the Fryingpan River. Tie Camp Gulch: From its

conf. with the Fryingpan River in the NW1/4, Sec. 10, T. 8 S., R. 85 W. of the 6th P.M. upstream to the headgate of the Burke Ditch

and Tie Camp Ditch Headgate No. 2 located in the SW1/4, Sec. 10, T. 8 S., R. 85 W. of the 6th P.M., incl. all areas trib. to Tie Camp

Gulch and the Fryingpan River within this reach. That portion of Tie Camp Gulch and its tribs. above the headgate of the Burke Ditch

and Tie Camp Ditch Headgate No. 2 is in Area B and not included within the Umbrella Plan. Huffman Gulch: From its conf. with the

Fryingpan River in the NW1/4, Sec. 7, T. 8 S., R. 85 W. of the 6th P.M. upstream to the headgate of the King Ranch Spring and

Pipeline Headgate No. 2 located in the NW1/4, Sec. 7, T. 8 S. R. 85 W. of the 6th P.M., incl. all areas trib. to Huffman Gulch and the

Fryingpan River within this reach. That portion of Huffman Gulch and its tribs. above the headgate of the King Ranch Spring and

Pipeline Headgate No. 2 is in Area B and not included within the Umbrella Plan. Center Creek: From its conf. with the Fryingpan

River in the NE1/4, Sec. 8, T. 8 S., R. 86 W. of the 6th P.M. up to the headgate of the Dan German Ditch located in the NW1/4 NE1/4

SE1/4, Sec. 5, T. 8 S., R. 86 W. of the 6th P.M., incl. all areas trib. to Center Creek and the Fryingpan River within this reach. That

portion of Center Creek and its tribs. above the headgate of the Dan German Ditch is in Area B and not included within the Umbrella

Plan. Area A-4 Description: Area A-4 includes structures that divert water from within that portion of Area A encompassing all areas

trib. to the Roaring Fork River and its tribs. in a stream reach extending from the conf. of the Roaring Fork River and the Colorado

River to an upstream terminus located at the conf. of the Roaring Fork and Fryingpan rivers, excluding the Crystal River and all tribs.

W. of the Roaring Fork River located downstream of the conf. of the Roaring Fork and Crystal rivers. The conf. of the Roaring Fork

and Colorado rivers, is located in Garfield County within the City of Glenwood Springs, Colorado in the NW1/4, Sec. 9, T. 6 S., R. 89

W. of the 6th P.M. The conf. of the Roaring Fork and Fryingpan rivers, is located in Pitkin County within the Town of Basalt,

Colorado in the SE1/4, Sec. 7, T. 8 S., R. 86 W. of the 6th P.M. Legal Description of Lands Included within Area A-4: T. 6 S., R 89

W., 6th P.M.: Sec. 1: S1/2; Sec. 2; Sec. 3: E1/2; SW1/4; Sec. 9; Sec. 10 through 15; Sec. 16: E1/2; SE1/4 SW1/4; Sec. 21: NE1/4

NE1/4; NW1/4; Sec. 22 through 27; Sec. 34: NE1/4 NE1/4; SE1/4 SE1/4; Sec. 35; Sec. 36. T. 7 S., R. 89 W., 6th P.M.: Sec. 1: E1/2;

NE1/4 NW1/4; Sec. 12: E1/2 E1/2. T. 6 S., R. 89 W., 6th P.M.: Sec. 7: SW1/4; Sec. 17: SW1/4; Sec. 18; Sec. 19; Sec. 20: W1/2; SE1/4

SE1/4; Sec. 21: S1/2; SE1/4 NE1/4; Sec. 22; Sec. 23: W1/2 W1/2; Sec. 27 through 33; Sec. 34: W1/2. T. 7 S., R. 88 W., 6th P.M.: Sec.

3: N1/2; SW1/4; Sec. 4; Sec. 5; Sec. 6; Sec. 7; Sec. 8: W1/2; NW1/4 NE1/4; Sec. 17: W1/2; Sec. 18: Sec. 19: NE1/4 NE1/4; Sec. 20;

Sec. 21: S1/2; S1/2 N1/2; Sec. 22: S1/2; S1/2 N1/2; Sec. 23: SW1/4; Sec. 25; Sec. 26: W1/2; Sec. 27; Sec. 28; Sec. 29: N1/2; SW1/4;

Sec. 30; Sec. 31: N1/2; Sec. 32: NW1/4 NW1/4; Sec 33: NW1/4; Sec. 34 through 36. T. 7 S., R. 87 W., 6th P.M.: Sec. 20: SE1/4; Sec.

21: SW1/4; Sec. 22: SW1/4; SW1/4 SE1/4; Sec. 25: SE1/4; SW1/4 SW1/4; Sec. 27; Sec. 28; Sec. 29: S1/2; NE1/4; Sec. 30: S1/2; Sec.

31 through 34; Sec. 35: S1/2; NW1/4; Sec. 36. T. 8 S., R. 87 W., 6th P.M.: Sec. 1 through 5; Sec. 6: N1/2; Sec. 8: E1/2; Sec. 9 through

12; Sec. 13: N1/2; Sec. 14 through 16; Sec. 17: E1/2; NE1/4 NW1/4; Sec. 20: NE1/4 NE1/4; Sec. 21. T. 8 S., R. 87 W., 6th P.M.: Sec.

6: NW1/4 NW1/4; SW1/4; Sec. 7; Sec. 18. Major Tributaries to the Roaring Fork River Included within Area A-4: Red Canyon Creek:

Div. Water Res. Stream ID # 111, from its conf. with the Roaring Fork River in the NE1/4 SE1/4, Sec. 27, T. 6 S., R. 89 W. of the 6th

P.M. upstream to its headwaters incl. all areas trib. to Red Canyon Creek and the Roaring Fork River, but excluding all areas on

Landis Creek located above the Landis No. 1 Ditch located in the SW1/4 SW1/4 SE1/4, Sec. 20, T. 6 S., R. 88 W. of the 6th P.M.

Those areas on Landis Creek and its tribs. above the headgate of the Landis No. 1 Ditch are in Area B and not included within the

Umbrella Plan. Cattle Creek: Div. Water Res. Stream ID # 3, from its conf. with the Roaring Fork River in the NE1/4, Sec. 12, T. 7 S.,

R. 89 W. of the 6th P.M. upstream to the headgate of Mason Ditch located in the NE1/4 SW1/4 NE1/4, Sec. 17, T. 7 S., R. 88 W. of

the 6th P.M., incl. all areas trib. to Cattle Creek and the Roaring Fork River within this reach. That portion of Cattle Creek and its

tribs. above the headgate of the Mason Ditch (which ditch headgate is located downstream of the conf. of Cattle Creek with Fish

Creek and therefore also downstream of the Colorado Water Conservation Board instream flow segments described in Case Nos.

85CW626 and 97CW273) is in Area B and not included within the Umbrella Plan. Therefore, the Colorado Water Conservation

Board’s instream flow rights on Cattle Creek decreed in Case Nos. 85CW626 and 97CW273 are not affected in any manner by the

relief sought herein. Crystal Spring Creek: Div. Water Res. Stream ID # 85, from its conf. with the Roaring Fork River in the SE1/4,

Sec. 27, T. 7 S., R. 88 W. of the 6th P.M. upstream to the headgate of the Foley Ditch located in the SE1/4 SW1/4, Sec. 26, T. 7 S., R.

88 W. of the 6th P.M., incl. all areas trib. to Crystal Spring Creek and the Roaring Fork River within this reach. That portion of Crystal

Spring Creek and its tribs. above the headgate of the Foley Ditch is in Area B and not included within the Umbrella Plan. Stauffacher

Gulch: from its conf. with the Roaring Fork River in the SW1/4, Sec. 31, T. 7 S., R. 87 W. of the 6th P.M. upstream to the headgate of

the McCarthy Waste Water Ditch located in the SW1/4 NE1/4 SW1/4, Sec. 30, T. 7 S., R. 87 W. of the 6th P.M., incl. all areas trib. to

Stauffacher Gulch and the Roaring Fork River within this reach. That portion of Stauffacher Gulch and its tribs. above the headgate of

the McCarthy Waste Water Ditch is in Area B and not included within the Umbrella Plan. Blue Creek: Div. Water Res. Stream ID # 7,

from its conf. with the Roaring Fork River in the NW1/4 SE1/4 Sec. 27, T. 7 S., R. 88 W. of the 6th P.M. at a pt. 1,520 feet from the

S. Sec. line and 1,420 from the E. Sec. line of said Sec. 27 upstream to the pt. of diversion of the Favre Spring No. 5 located in the


PAGE 37

NW1/4 SW1/4 NW1/4, Sec. 35, T. 7 S., R. 87 W. of the 6th P.M., incl. all areas trib. to Blue Creek and the Roaring Fork River within

this reach. That portion of Blue Creek and its tribs. above the pt. of diversion of the Favre Spring No. 5 is in Area B and not included

within the Umbrella Plan. Lucksinger Gulch: from its conf. with the Roaring Fork River in the SW1/4, Sec. 7, T. 8 S., R. 86 W. of the

6th P.M. upstream to the headgate of the Lucksinger Ditch located in the NE1/4 SE1/4 NW1/4, Sec. 7, T. 8 S., R. 86 W. of the 6th

P.M., incl. all areas trib. to Lucksinger Gulch and the Roaring Fork River within this reach. That portion of Lucksinger Gulch and its

tribs. above the headgate of the Lucksinger Ditch is in Area B and not included within the Umbrella Plan. Diligence Activities: As

decreed in Case No. 02CW77, the Subject Water Rights are individual components of the District’s integrated water supply system to

provide legal water supply to its constituents in combination with other water rights it owns or contractually controls. Consequently,

work on any one feature of the District’s supply system shall be considered in finding that reasonable diligence has been shown in the

development of water rights for all features of the District’s water supply system. (See C.R.S. § 37 92-301(4)(b)). Diligence activities

performed during the period from 12/1/2011 to 12/29/2017 toward completion of the appropriation and application of the Subject

Water Rights to beneficial use are listed in the Application on file with the water court. Claim to Confirm Absolute in Part: The

District augmented out-of-priority depletions through use of the Subject Water Rights for the benefit of those actively operated

structures served under the District contracts operating under the Umbrella Plan, listed in Table 1a-c of Exhibit D. The District seeks

confirmation that portions of the Subject Water Rights have been made absolute as follows. Area A-1 Exchange Reach: Date

Applied to Beneficial Use: 8/31/17 -9/28/17. Use: Aug., by exchange, of out-of-priority depletions under active Area A-1 contracts

identified in Table 1a of Exhibit D. Amt.: 0.006 c.f.s., which is the cumulative maximum instantaneous rate of depletion from actively

operated structures augmented under the Umbrella Plan using the Subject Water Rights in Area A-1 between 8/31/17 and 9/28/17.

Area A-2 Exchange Reach. Date Applied to Beneficial Use: 8/31/17 - 9/28/17. Use: Aug., by exchange, of out-of-priority depletions

under active Area A-2 contracts identified in Table 1b of Exhibit D. Amt.: 0.072 c.f.s., which is the cumulative maximum

instantaneous rate of depletion from actively operated structures augmented under te Umbrella Plan using the Subject Water Rights in

Area A-2 between 8/31/17 and 9/28/17. Area A-4 Exchange Reach. Date Applied to Beneficial Use: 8/31/17 - 9/28/17. Use: Aug., by

exchange, of out-of-priority depletions under active Area A-4 contracts identified in Table 1c of Exhibit D. Amt.: 0.362 c.f.s., which

is the cumulative maximum instantaneous rate of depletion from actively operated structures augmented under the Umbrella Plan

using the Subject Water Rights in Area A-4 between 8/31/17 and 9/28/17.






CO 81601.






17CW3257 GARFIELD COUNTY. PARACHUTE CREEK AND ROARING FORK RIVER, BOTH TRIBUTARIES TO

THE COLORADO RIVER. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO CONFIRM COND.

WATER RIGHTS AS ABSOLUTE, IN PART. Applicant: Solvay Chemicals, Inc. (“Solvay”), c/o Balcomb & Green, P.C., P.O.

Drawer 790, Glenwood Springs, CO 81602; 970-945-6546. Summary: Applicant respectfully requests a finding of reasonable

diligence for three cond. approp. rights of exchange (“Subject Water Rights”) decreed in Case No. 05CW289, and confirm portions of

them as absolute, in part, for Exchange Reach 1 and Exchange Reach 2. Applicant further requests that the Court recognize the

Subject Water Rights as features of Applicant’s integrated water system. In Case No. 05CW289, the Court approved an amendment of

the Applicant’s plan for aug. that, among other matters, authorizes replacements, including by exchange, of out-of-priority diversions

under various priorities stored within Applicant’s Storm Water Retention Pond structure. As part of this approved plan for aug. the

Court granted Applicant the cond. approp. rights of exchange that are the subject of this Application. There are three exchange

reaches, each based on the replacement source. Claim for Finding of Reasonable Diligence. Decree Information for Cond. Approp.

Rights of Exchange. Orig. Decree: Case No. 05CW289 entered on 12/27/2011 in District Court, Water Division 5. Approp. Date:

12/30/2005. Replacement Supplies: In Case No. 05CW289, the Court approved the following decreed water rights as replacements

supplies to be used through the exchanges. The Applicant owns portions of the replacement supplies, which are also fully described in

Case No. 05CW289, paragraphs 7 through 28. See Exhibits 1 and 2 for a general location of the replacement supplies. Parachute

Creek Reservoir. See Exhibit 3 for a description of this right. Parachute Creek drainage water rights. See Exhibit 4 for a description

of these rights, including associated consumptive use credits. Roaring Fork drainage water rights. See Exhibit 5 for a description of

these rights, including associated consumptive use credits. Augmented Structure: Applicant uses the exchanges to augment out-of-

priority diversions into the American Soda Storm Water Retention Pond, as decreed in Case No. 05CW289 and described as follows:

Legal Description of Location of Dam: The S.W. corner of the pond is located 406.25 ft. E. of the W. Sec. line and 375 ft. N. of the S.

Sec. line of Sec. 35, T. 6 S., R. 96 W., 6th P.M., Garfield County. The pond is located on Applicant’s property. Sources: Parachute


PAGE 38

Creek and surface water trib. thereto, which is captured by the pond during precip. events. Approp. Date: 12/30/2005. Amount: 30.9

AF, absolute, with the right to fill and refill in priority. Use: General ind. mining, processing, retorting, refining and comm. purposes,

including (without limiting the generality of the foregoing) any and all uses (including storm water retention in connection with all

aspects of Applicant’s project to extract nacholite and other minerals (including oil shale) and also and development of oil and gas

resources at existing and future well, refining and processing locations in Garfield and Rio Blanco counties within the Colorado River

and Piceance Creek basins. The Applicant’s uses of water stored are 100% consumptive. Surface Area of High-Water Line: 3.0 acres.

Max. Height of Dam: N/A. The pond is an excavated structure. Length of Dam: N/A. Total Capacity: 30.9 AF. Rate of Diversion in

c.f.s. for Filling Reservoir: When serving its ind. flood control function as a storm water retention pond, which captures surface flows

trib. to Parachute Creek via a system of ditches, trenches and culverts. The rate of filling will be variable. Applicant’s engineering

consultant estimated a likely max. diversion rate based on the max. precip. event of record, which was 2.15 in. of rain in 24 hours, as

measured in Rifle, Colorado on 8/9/1930. Under that extreme condition, the rate of inflow to the Storm Water Retention Pond from

the 62.8 trib. acres would be 4.25 cfs. This rate of inflow assumes a 75% run off factor (i.e. – 75% of precip. is diverted into the pond),

which is higher than would occur during average precip. events. Remarks: Under its 2005 administrative priority decreed in Case No.

05CW289, the pond operates as a storm water retention facility and flood control device to control surface runoff from Applicant’s

ind. campus, and is in this regard a requisite component of Applicant’s ind. operation. The pond is also used as a supply source for

Applicant’s ind. operations. Applicant’s interests in the Parachute Creek Reservoir, Parachute Creek drainage water rights and

Roaring Fork drainage water rights may also be stored in this structure as decreed in Case No. 05CW289, paragraphs 7 through 29, as

follows: Storage of Applicant’s interest in the priority decreed to Parachute Creek Reservoir will, as to water native to Parachute

Creek, occur through capture of surface water trib. to Parachute Creek in the Storm Water Retention Pond. The rate of diversion will

vary with precip. events. Storage of Applicant’s interest in the priority decreed to Parachute Creek Reservoir may also be

accomplished with water delivered to the reservoir from the Colorado River through the Pumping Pipeline of Union Oil Company

pursuant to the decree in Case No. W-252. Delivery of water through the Pumping Pipeline of Union Oil Company (“Pumping

Pipeline”) shall be limited to Applicant’s interest (which is currently 10 c.f.s.) in said pipeline. Storage of Applicant’s interests in the

Parachute Creek drainage water rights and Roaring Fork drainage water rights, described in the Decree in Case No. 05CW289 in

paragraphs 7 through 29, will be made through delivery of those priorities through the Pumping Pipeline described in paragraph 31

therein. The rate of diversion of these water rights will be limited to the max. instantaneous rate of diversion for hist. consumptive use

credits decreed to the diverted priority or priorities as shown in Tables 1 and 2, far right column entitled “Max instantaneous diversion

rate / HCU credits (cfs)”. Diversion of Applicant’s interests in the Parachute Creek drainage water rights in this manner is further

limited to periods when the approp. right of exchange described in this Application below is in priority. The rate of diversion into

storage of any of the foregoing water rights shall be limited to the lesser of their combined rates of diversion or the amount of said

water rights available in priority at their orig. decreed location, and subject to the max. instantaneous rate of diversion of any

consumptive use credits. Further, the total rate of diversion to the Storm Water Retention Pond through the Pumping Pipeline under

any combination of the foregoing water rights shall be limited to Applicant’s interest (which is currently 10 c.f.s.) in said pipeline.

Legal Descriptions of Exchange Reaches. Exchange Reach 1: The exchange reach for aug. using Applicant’s Parachute Creek

Reservoir water right and Parachute Creek drainage water rights, as described in Exhibits 3 and 4, extends from its lower terminus at

a pt. on Parachute Creek, at which surface water captured by the Storm Water Retention Pond would accrue to Parachute Creek,

located in the NE1/4 NE1/4, Sec. 3, T7S, R96W, 6th P.M., 269 ft. from the N. line and 472 ft. from the E. line of said Sec. 3 to its

upper terminus at the pt. of diversion and storage for the Storm Water Retention Pond as described above. Exchange Reach 2: The

exchange reach for aug. using Applicant’s Roaring Fork drainage water rights, as described in Exhibit 5, extends from its lower

terminus at the confluence of Parachute Creek and the Colorado River at a pt. located in the SW1/4 NE1/4, Sec. 13, T7S, R96W, 6th

P.M., 1846 ft. from the N. Sec. line and 1374 ft. from the E. Sec. line of said Sec. 13, up Parachute Creek to a pt. on Parachute Creek,

at which surface water captured by the Storm Water Retention Pond would accrue to Parachute Creek, located in the NE1/4 NE1/4,

Sec. 3, T7S, R96W, 6th P.M., 269 ft. from the N. line and 472 ft. from the E. line of said Sec. 3, and then to its upper terminus at the

pt. of diversion and storage for the Storm Water Retention Pond. Exchange Reach 3: Applicant may also divert by exchange under the

plan for aug. decreed in Case No. 05CW289 the hist. consumptive use credits decreed to Applicant’s Parachute Creek drainage water

rights, as described in Exhibit 4, at the Pumping Pipeline for delivery to Parachute Creek for replacement use as described in

paragraph 37.C.(3) of Case No. 05CW289. This exchange extends from its lower terminus at the confluence of Parachute Creek and

the Colorado River at a pt. located in the SW1/4 NE1/4, Sec. 13, T7S, R96W, 6th P.M., 1846 ft. from the N. Sec. line and 1374 ft.

from the E. Sec. line of said Sec. 13, up the Colorado River to the decreed pt. of diversion of the Pumping Pipeline at a pt. on the

Westerly or North Westerly bank of the Colorado River, whence the Sec. corner common to Secs. 6 and 7, T7S, R95W of the 6th

P.M., and Secs. 1 and 12, T7S, R96W, 6th P.M. bears S. 89° 05' W. 3,364.65 ft. Rates of Exchange: The rate of exchange varies,

based upon the nature of the out-of-priority depletion that is being augmented by exchange. The applicable rate of exchange is limited

to the lesser of: 1) the amts. of augmented out-of-priority diversions listed below; 2) the amount of water legally available in priority

at the orig. decreed location for the supply used by exchange; or 3) the amount of water available in Parachute Creek under the 2005

exchange priorities. When augmenting by exchange under Exchange Reach 1 and Exchange Reach 2, the out-of-priority diversions of

surface flows trib. to Parachute Creek (i.e. – when the Storm Water Retention Pond is serving its ind. flood control function), the max.

rate of exchange will be equivalent to the rate of inflow. The exchange rate associated with Applicant’s interests in the hist.

consumptive use credits decreed to its Parachute Creek drainage water rights shall be limited to the max. instantaneous rate of


PAGE 39

diversion for hist. consumptive use credits decreed to the replacement priority or priorities as shown in Table 1, attached as Exhibit 6,

far right column entitled “Max instantaneous diversion rate / HCU credits (c.f.s.).” The exchange rate associated with Applicant’s

interests in the hist. consumptive use credits decreed to its Roaring Fork drainage rights is limited to the max. instantaneous rate of

diversion for hist. consumptive use credits decreed to the replacement priority or priorities as shown in Table 2, attached as Exhibit 7,

far right column entitled “Max instantaneous diversion rate / HCU credits (c.f.s.).” When augmenting by exchange under Exchange

Reach 3 through diversion of Applicant’s interests in the hist. consumptive use credits decreed to its Parachute Creek drainage water

rights at the Pumping Pipeline, the rate of exchange is limited to the max. instantaneous rate of diversion for hist. consumptive use

credits decreed to the replacement priority or priorities as shown in Table 1, attached as Exhibit 6, far right column entitled “Max

instantaneous diversion rate / HCU credits (c.f.s.).” Claim for Confirming Exchanges as Part of an Integrated Water System. The

Subject Water Rights are an integral feature of the existing and future water system to supply Applicant’s projects and related uses. As

described above, the subject approp. rights of exchange provide replacement water for out-of-priority diversions into the Storm Water

Retention Pond under the Applicant’s amended plan for aug.. The augmented structure is a storm water retention facility and flood

control device used to control surface runoff within Applicant’s ind. campus. The structure is also used as a supply source for the

Applicant’s ind. operations. The replacement supplies used to operate the exchanges (i.e. – Parachute Creek Reservoir, Parachute

Creek drainage water rights, and Roaring Fork drainage water rights) are also water sources decreed for use in the Applicant’s mining

and processing facilities. Because of this connection, the exchanges are a feature of the Applicant’s water system. “When a project or

integrated system is comprised of several features, work on one feature of the project or system shall be considered in finding that

reasonable diligence has been shown in the development of water rights for all features of the entire project or system.” C.R.S. § 37-

92-301 (4)(b). Claim for Finding of Reasonable Diligence. A complete list of diligence activities completed during the diligence

period is on file with this court. Claim to Confirm as Absolute in Part. On 9/24/2017, Applicant experienced a precip. event of 0.98

in., which generated an estimated 1.94 c.f.s. of flow into the Storm Water Retention Pond. Records maintained by the Colorado

Division of Water Resources indicate that an administrative call was enforced for the benefit of the priority decreed to the Grand

Valley Canal water right on this date. Applicant augmented this out-of-priority diversion by exchange through use of its Parachute

Creek drainage rights and Roaring Fork drainage water rights, pursuant to the Applicant’s plan for aug. Therefore, the Applicant

seeks confirmation that portions of the Subject Water Rights have been made absolute for Exchange Reach 1 (through use of the

Parachute Creek drainage rights) and Exchange Reach 2 (through use of the Roaring Fork River drainage rights) as follows:

Exchange Reach No. 1: Date Applied to Beneficial Use: 9/24/2017. Amount: 0.71 c.f.s., which was within the max. instantaneous

rate of diversion for hist. consumptive use credits decreed available under the Parachute Creek drainage rights for replacement use

available on this date as shown in Table 1, Exhibit 6, far right column entitled “Max instantaneous diversion rate / HCU credits (cfs).”

Use: Aug., by exchange, of out-of-priority diversions into the Storm Water Retention Pond. Exchange Reach No. 2: Date Applied to

Beneficial Use: 9/24/2017. Amount Made Absolute: 1.23 c.f.s., which was within the max. instantaneous rate of diversion for hist.

consumptive use credits decreed available under the Roaring Fork River drainage rights for replacement use available on this date as

shown in Table 2, Exhibit 7, far right column entitled “Max instantaneous diversion rate / HCU credits (cfs).” Use: Aug., by

exchange, of out-of-priority diversions into the Storm Water Retention Pond. Names and addresses of owners or reputed 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: Applicant. EXHIBIT 3

of the Application contains the decree information for Parachute Creek Reservoir. Original decree: Case No. W-252, entered on

7/26/1971, District Court, Water Division 5. Subsequent decrees finding diligence: Case Nos. W-252-72, W-252-76, 80CW459,

84CW660, 88CW167, 96CW011, 02CW210, 09CW50 and 16CW3045. Decreed legal description: The intersection of center line of

the dam axis with the center line of Parachute Creek which is located at a point whence the S. quarter corner of Sec. 36, T. 5 S., R. 96

W. of the 6th P.M., bears N. 6° 42' E. a dist. of 9,049.8 ft. Source: Parachute Creek and all its trib., all of which are trib. to the

Colorado River, and the Colorado River from which water will be diverted and carried to said reservoir by means of Applicant's

interest in the Pumping Pipeline of Union Oil Company of California. Pursuant to the decree entered in Case No. W-2206, and

confirmed in Case No. 99CW300, the reservoir can also be filled and refilled with certain hist. consumptive-use credits assoc. with irr.

in the Parachute Creek drainage and the Roaring Fork River drainage, see Exhibits 4 and 5. Approp. date: 12/15/1966. Decreed amt.:

33,773 AF (cond.), of which Applicant owns 3,366 AF (Applicant owns an undivided 19.93% interest as a tenant-in-common with

Caerus Piceance LLC in one-half of the Reservoir). Decreed uses: In W-252, this Court decreed as uses of this water right mining,

retorting, refining, power, mun., ind., mechanical, dom. and purposes for which water may be required in connection with the

production of shale oil and its products. In Case No. 99CW300, this Court entered a decree confirming that this water right “may be

used for general ind., mining, processing, retorting, refining and comm. purposes, including (without limiting the generality of the

foregoing) any and all uses in connection with all aspects of Applicant’s project to extract nacholite and other minerals (including oil

shale). Hist. use: N/A. In Case No. 99CW300, this Court decreed that the prior decrees contemplated that this water right would be

used in the Colorado River basin and Piceance Creek basin. The water right was a component in the oil shale project for Unocal, the

Applicant’s predecessor in interest. See Case No. W-252. As such, ind. uses contemplated by Unocal’s oil shale project, including use

in oil shale and nacholite production in the Colorado and Piceance basins, were contemplated to be 100 % consumptive. See Case No.

83CW349, Page 4, paragraph 9. Land ownership: Parachute Creek Reservoir is located on lands owned by Caerus Piceance LLC and

Chevron Shale Oil Company. EXHIBIT 4 of the Application contains the following information for Parachute Creek drainage rights.

Applicant has acquired all of the Parachute Creek drainage rights that were changed in Case No. W-2206 and included in the plan for


PAGE 40

aug., including exchange, decreed in Case No. W-2206 (see e.g., pages 32-41 of the W-2206 decree). In Case No. 99CW300, this

Court confirmed that these water rights “may be used for general ind., mining, processing, retorting, refining and comm. purposes,

including (without limiting the generality of the foregoing) any and all uses in connection with all aspects of Applicant’s project to

extract nacholite and other minerals (including oil shale).” See Case No. 99CW300, paragraph 17. In Case No. 99CW300, this Court

recognized that the prior decrees decreed that these water rights, as previously changed, could be used in the Colorado River basin and

Piceance Creek basin. Ind. uses of these water rights, including use in oil shale and nacholite production in the Colorado and Piceance

basins, were contemplated to be 100% consumptive. See Case No. 99CW300, paragraph 26. The allocation of the consumptive-use

credits by ditch is set forth in Table 1 in Exhibit “C” to the Decree in Case No. W-2206 and is reproduced in Table 1 attached as

Exhibit 6. This Court affirmed these consumptive use credits in Exhibit B to the decree entered in Case No. 99CW300. These rights

are more particularly described in the following paragraphs. For purposes of this resume, the decree information for the following

water rights are listed by structure name, case number, adjudication date, priority date, amount of each priority, by priority (if

applicable), decreed pt. of diversion. All cases referenced herein were adjudicated in District Court, Garfield County, except for Cases

No. 99CW300 and 05CW289, which were adjudicated in District Court, Water Division No. 5. Starkey Gulch Ditch. W-248;

7/26/1971; 8/1/1901; 4.32 cfs. Out of Parachute Creek, with headgate located at a pt. on the S. bank of Starkey Gulch, whence the

N.W. corner of Sec. 33, T. 6 S., R. 96 W., 6th

P.M., bears N. 60° 27' E. a dist. of 1,073 ft. Charley Dere Ditch. Priority 205; CA-3124;

1/4/1937; 10/1/1914; 0.25 cfs; Priority 207a; CA-3124; 1/4/1937; 3/1/1926; 0.58 cfs.; Out of the middle fork of Parachute Creek, with

headgate being located on the W. bank of said creek at a pt. from which the W¼ corner of Lot 9, Sec. 18, T. 5 S., R. 95 W. of the 6th

P.M., bears S. 60° 00' W. 559 ft. Parachute Ditch; Priority 9; CA-103 - orig. decreed to the Daisy Ditch and transferred to the

Parachute Ditch by decree dated 4/23/1910, in Case No. 1413, for use through the Vieweg Ditch.; 5/11/1889; 5/17/1883; 0.30 cfs.;

Priority 131; CA-103; 5/11/1889l; 4/1/1888; 2.37 cfs.; Priority 145; CA-469; 4/27/1892; 4/25/1890; 1.30 cfs.; Priority 149; CA-469;

4/27/1892; 11/9/1891; 0.035 cfs.; Priority 207Q; CA-3124; 1/4/1937; 3/1/1926; 19.72 cfs; As decreed in Case No. W-2910, correct

surveyed headgate location and pt. of diversion: The headgate is situated in Lot 12 of Sec. 34, T. 6 S., R. 96 W., 6th

P.M. located at a

pt. whence the S¼ corner of said Sec. 34 bears S. 56° 04'47" E. a dist. of 1569.99 ft., and the diversion pt. is situated in Lot 12 of Sec.

34, T. 6 S., R. 96 W. of the 6th

P.M. located at a pt. whence the S¼ corner of said Sec. 34 bears S. 53°16'18" E. a dist. of 2019.35 ft.

Vieweg Ditch; Priority 152A; CA-745; 11/9/1897; 1.60 cfs.; As decreed in Case No. W-2910, correct surveyed headgate location and

pt. of diversion: The headgate and diversion pt. is situated in Lot 12 of Sec. 34, T. 6 S., R. 96 W., 6th

P.M. located at a pt. whence the

S¼ corner of said Sec. 34 bears S. 57° 48'14" E. a dist. of 1501.90 ft. P.L.R. Ditch: Priority 206; CA-3124; 1/4/1937; 5/1/1922; 0.45

cfs.; Priority 207E; CA-3124; 1/4/1937; 3/1/1926; 1.05 cfs.; Priority 202; CA-3124; 1/4/1937; 5/1/1913; 0.38 cfs.; Priority 207F; CA-

3127; 1/4/1937; 3/1/1926; 0.87 cfs; Priority 204; CA-3124; 1/4/1937; 5/1/1914; 1.04 cfs.; Priority 207D; CA-3124; 1/4/1937;

5/1/1914; 2.42 cfs.; Priority Nos. 206 and 207E were orig. decreed to the Zelmo Ditch and were transferred by decree dated 7/15/1968

to the P.L.R. Ditch in Case No. 6316. Priority Nos. 202 and 207F were orig. decreed to the Bessie Ditch and were transferred by

decree dated 7/15/1968 to the P.L.R. Ditch in Case No. 6316. As decreed in Case No. W-2910, correct surveyed headgate location and

pt. of diversion: The headgate and diversion pt. is situated in the NE¼ SW¼, Sec. 29, T. 5 S., R. 95 W., 6th

P.M. located at a pt.

whence the W¼ corner of said Sec. 29 bears N. 75° 52'36" W. a dist. of 1531.53 ft. E. Fork Ditch: Priority 179BB; CA-2011;

3/27/1920; 8/1/1912; 0.44 cfs.; Priority 207G; CA-3124; 1/4/1937; 3/1/1926; 3.47 cfs.; Priority 126A; CA-1059; 12/29/1903;

3/3/1888; 0.80 cfs.; Priority 154BB; CA-1059; 12/29/1903; 4/20/1885; 1.85 cfs.; A. Priority Nos. 126A and 154BB were orig.

decreed to the Parachute Highline Ditch and were transferred by decreed dated 7/15/1968 to the E. Fork Ditch in Case No. 6316. As

decreed in Case No. W-2910, correct surveyed headgate location and pt. of diversion: The headgate and diversion pt. is situated in Lot

15 of Sec. 30, T. 5 S., R. 95 W., 6th

P.M. located at a pt. whence the witness corner to the S¼ of said Sec. 30 bears S. 30°49'00" E. a

dist. of 164.26 ft. Davenport Ditch: Priority 143C; CA-723; 6/16/1898; 5/1/1889; 2.0 cfs.; Priority 207C; CA-3124; 1/4/1937;

3/1/1926; 5.69 cfs.; Priority 199; CA-3124; 1/4/1937; 5/1/1888; 1.33 cfs.; Priority 207H; CA-3124; 1/4/1937; 3/1/1926; 3.09 cfs.;

Priority nos. 199 and 207H were orig. decreed to the Highline Ditch and were transferred by decree dated 7/15/1968 to the Davenport

Ditch in Case No. 6316. As decreed in Case No. W-2910, correct surveyed headgate location and pt. of diversion: The headgate and

diversion pt. is situated in Lot 4 of Sec. 30, T. 5 S., R. 95 W., 6th

P.M. located at a pt. whence the N.W. corner of said Sec. 30 bears N.

04°15'54" W. a dist. of 1450.09 ft. C.C.D. Ditch: Priority 203; CA-3124; 1/4/1937; 4/1/1914; 0.76 cfs.; Priority 207B; CA-3124;

1/4/1937; 3/1/1926; 1.77 cfs.; As decreed in Case No. W-2910, correct surveyed headgate location and pt. of diversion: The headgate

and diversion pt. is situated in Lot 2 of Sec. 19, T. 5 S., R. 95 W. of the 6th

P.M. located at a pt. whence the witness corner to the W.

corner common to Sec. 18 and Sec. 19, said T. and R., bears N. 03°23'32" W. a dist. of 3382.28 ft. W. Fork Ditch. Priority 168A;

CA-2011; 3/27/1920; 5/18/1903; 1.30 cfs.; As decreed in Case No. W-2910, correct surveyed headgate location and pt. of diversion:

The headgate and diversion pt. is situated in the SE¼ NW¼, Sec. 25, T. 5 S., R. 96 W., 6th

P.M. located at a pt. whence the N.W.

corner of Sec. 30, T. 5 S., R. 95 W. of the 6th

P.M. bears N. 50°23'08" E. a dist. of 3539.31 ft. Spring Ditch. Priority 177AA; CA-

2011; 3/27/1920; 11/1/1909; 0.12 cfs. As decreed in Case No. W-2910, correct surveyed headgate location and pt. of diversion: The

headgate and diversion pt. is situated in the SE¼ NE¼, Sec. 25, T. 5 S., R. 96 W., 6th

P.M. located at a pt. whence the N.W. corner of

Sec. 30, T. 5 S., R. 95 W. of the 6th

P.M. bears N. 00°05'14" E. a dist. of 1621.30 ft. Granlee Ditch: (Amount and priority of diversion:

7.49 c.f.s. out of the following priorities: Priority 143AA; CA-781; 2/20/1900; 4/1/1889; 0.24 c.f.s. out of priority no 143AA (decreed

for 0.4 cfs). Priority 154A: CA-781; 2/20/1900; 4/15/1895; 2.16 c.f.s. out of priority no. 154A (decreed for 3.6 cfs). Priority 158AA;

CA-1345; 2/4/1909; 5/6/1900; 0.6 c.f.s. out of priority no. 158AA (decreed for 1.0 cfs). Priority 161AA; CA-1345; 2/4/1909;

11/5/1901; 0.96 c.f.s. out of priority no. 161AA (decreed for 1.6 c.f.s.). Priority 207I; CA-3124; 1/4/1937; 3/1/1926; 3.53 c.f.s. out of


PAGE 41

priority no. 207I (decreed for 6.09 cfs). As decreed in Case No. W-2910, correct surveyed headgate location and pt. of diversion: The

headgate is situated in Lot 1 of Sec. 4, T. 6 S., R. 96 W., 6th

P.M. located at a pt. whence the W¼ corner of said Sec. 4 bears S.

35°19'27" W. a dist. of 3145.60 ft., and the diversion pt. is situated in Lot 1 of Sec. 4, T. 6 S., R. 96 W., 6th


whence the W¼ corner of said Sec. 4 bears S. 35° 17'16" W. a dist. of 3195.56 ft. Riley Ditch: Priority 141A; CA-1357; 4/16/1909;

7/1/1888; 0.80 cfs. Priority 200; CA-3124; 1/4/1937; 6/1/1891; 0.20 cfs.; Priority 207P; CA-3124; 1/4/1937; 3/1/1926; 0.30 cfs.; As

decreed in Case No. W-2910, correct surveyed headgate location and pt. of diversion: The headgate and diversion pt. is situated in

Lot 1 of Sec. 4, T. 7 S., R. 96 W., 6th

P.M. located at a pt. whence the N.E. corner of said Sec. 4 bears N. 74°08'07" E. a dist. of 524.04

ft. Benson and Barnett Ditch: Amount and priority of diversion: 4.917 c.f.s. out of the following priorities; Priority 144BBBB; CA-

947; 2/24/1902; 3/25/1890; 1.317 c.f.s. out of priority no. 144BBBB (decreed for 2.3 cfs).; Priority 207J; CA-3124; 1/4/1937;

3/1/1926; 3.6 c.f.s. out of priority no. 207J (decreed for 6.21 cfs).; As decreed in Case No. W-2910, correct surveyed headgate

location and pt. of diversion: The headgate and diversion pt. is situated in Lot 11 of Sec. 4, T. 6 S., R. 96 W., 6th


whence the S.W. corner of said Sec. 4 bears S. 58°58'56" W. a dist. of 972.72 ft. Low Cost Ditch: Amount and priority of diversion:

22.89 c.f.s. out of the following priorities: Priority 83; CA-103; 5/11/1889; 1/4/1887; 4.35 c.f.s. out of priority no. 83 (decreed for 5.0

cfs). Priority 132; CA-103; 5/11/1889; 4/1/1888; 7.82 c.f.s. out of priority no. 132 (decreed for 9.0 cfs). Priority 207O; CA-3124;

1/4/1937; 3/1/1926; 10.72 c.f.s. out of priority no. 207O (decreed for 12.34 cfs). As decreed in Case No. W-2910, correct surveyed

headgate location and pt. of diversion: The headgate and diversion pt. is situated in Lot 13 of Sec. 17, T. 6 S., R. 96 W., 6th

P.M.

located at a pt. whence the S¼ corner of said Sec. 17 bears S. 18°11'00" W. a dist. of 789.61 ft. Historical use of Parachute Creek

drainage rights: The Parachute Creek drainage rights were hist. used to irr. the lands identified in Exhibit “C” to the decree in Case

No. W-2206. This Court decreed in Case No. W-2206 that the total consumptive use resulting from the irrigation diversions was

1380.3AF in an average year. The decree entered in Case No. W-2206 states that a total of 1395.9 AF of consumptive use was

associated with the rights identified in Exhibit “C” of that decree. The consumptive use credits associated with the Ida Dere Ditch

were not included in change application in Case No. 05CW289 nor were they included in Case No. 99CW300 (the historical

consumptive use of which was 15.6 acre ft.). The allocation of the consumptive-use credits by ditch is set forth in Table 1 in Exhibit

“C” to the decree in Case No. W-2206 and Table 1, attached as Exhibit 6 hereto. This Court affirmed these consumptive use credits

in Exhibit B to the decree entered in Case No. 99CW300. EXHIBIT 5 of the Application contains the following information for the

Roaring Fork drainage rights. Applicant acquired all of the Roaring Fork drainage rights that were assoc. with the dry up of lands

within the historical Kinsall Ranch, Wulfsohn Ranch and Sanders Ranch that were permanently removed from irr. prior to 1975. For

the Sanders Ranch, Applicant’s dry up is assoc. with lands that were removed from irr. as a result of the construction widening

Highway 82. These lands are identified in Exhibit “B” to the Decree in Case No. W-2206. For purposes of this resume, the decree

information for the following water rights are listed by structure name, case number, adj. date, priority date, amount of each priority,

by priority (if applicable), decreed pt. or diversion. All cases were adjudicated in District Court, Garfield County. Weaver &

Leonhardy Ditch and Rockford Ditch. Priority 117; CA-132; 5/11/1889; 4/20/1885; 1.96 cfs.; Priority 399; CA-3082; 8/25/1936;

6/4/1915; 3.04 cfs. Priority no. 117 was orig. decreed to Weaver & Leonhardy Ditch and transferred in Case No. 2316 by decree dated

3/20/1923 to the Rockford Ditch and from there to the Southard & Cavanaugh by decree dated 10/11/1966 in Case No. 5967. Priority

no. 399 was orig. decreed to the Rockford Ditch and from there to the Southard & Cavanaugh by decree dated 10/11/1966 in Case No.

5967. As decreed in Case No. W-2910, correct surveyed headgate location and pt. of diversion: The headgate is situated in Lot 6 of

Sec. 33, T. 7 S., R. 88 W., 6th P.M. located at a pt. whence the N.W. corner of said Sec. 33 bears N. 52°27'17" W. a dist. of 3214.47

feet, and the diversion pt. is situated in Lot 6 of Sec. 33, T. 7 S., R. 88 W., 6th

P.M. located at a pt. whence the N.W. corner of said

Sec. 33 bears N. 51°31'22" W. a dist. of 3299.29 feet. Hist. use: The Weaver & Leonhardy Ditch and Rockford Ditch were hist.ly used

to irr. 60 acres of what was known as the Kinsall Ranch, resulting in an avg. annual consumptive use of 109.8 AF, as described and

quantified in the decree in W-2206 and confirmed by this Court in Case No. 99CW300, entered 1/26/2004, and summarized in Table 2

attached as Exhibit 7 hereto. Staton Ditch: Priority 53; CA-132; 5/11/1889; 2/15/1883; 0.06 cfs.; Priority 79; CA-132; 5/11/1889;

3/1/1884; 0.06 cfs.; Priority 299; CA-3082; 8/25/1936; 4/15/1890; 0.17 cfs. As decreed in Case No. W-2910, correct surveyed

headgate location and pt. of diversion: The headgate and diversion pt. is situated in Tract 37 of Sec. 16, T. 7 S., R. 88 W., 6th P.M.

located at a pt. whence the N.W. corner of said Sec. 16 bears N. 25°34'11" W. a dist. of 818.74 feet. Hist. use: The Staton Ditch water

rights were hist. used to irr. part of the 20 acres of what is known as the Sanders Ranch, resulting in an avg. annual consumptive use of

10.37 AF, as described and quantified in the decree in Case No. W-2206 and confirmed by this Court in Case No. 99CW300, entered

1/26/2004, and summarized in Table 2 attached as Exhibit 7 hereto. Case No. W-2206 recognized a total of 22 AF of avg. annual hist.

consumptive use was assoc. with these 20 acres of irr. Of these 22 AF of consumptive use credits, 11.63 AF (22 AF total less the

10.37 AF) were changed in Case No. 90CW156 for aug. of the Coryell Ponds. The 11.63 AF changed in Case No. 90CW156 are

separate and distinct from the 10.37 AF owned by the Applicant and included in this Decree. Atkinson Canal: Priority 105A; CA-

1056; 3/18/1909; 12/20/1884; 2.03 cfs. Priority 107A; CA-1225; 2/15/1907; 3/25/1885; 0.48 cfs. Priority 228; CA-1388; 10/30/1909;

4/12/1909; 3.39 cfs. Priority 594; CA-4033; 10/24/1952; 3/19/1950; 5.81 cfs. As decreed in Case No. W-2910, correct surveyed

headgate location and pt. of diversion: The headgate is situated in the NW¼ SW¼ of Sec. 22, T. 6 S., R. 89 W., 6th

P.M. located at a

pt. whence the N.W. corner of said Sec. 22 bears N. 32° 49'36" W. a dist. of 1481.51 feet, and the diversion pt. is situated in the

NW¼ SW¼ of Sec. 22, T. 6 S., R. 89 W. of the 6th

P.M. located at a pt. whence the N.W. corner of said Sec. 22 bears N. 48° 25'08"

W. a dist. of 1875.80 feet. Hist. use: The Atkinson Ditch water rights were hist. used to irr. 78 acres on what is known as the Wulfsohn


PAGE 42

Ranch, resulting in an avg. annual consumptive use of 142.7 AF, as described and quantified in the decree in Case No. W-2206 and

confirmed by this Court in Case No. 99CW300, entered 1/26/2004, and summarized in Table 2 attached as Exhibit 7 hereto.






CO 81601.






17CW3258 PITKIN AND EAGLE COUNTIES. Snowmass Water and Sanitation District (SWSD), c/o Mark E. Hamilton, Esq. and

Tarn Udall, Esq., Holland & Hart LLP, 600 E. Main St., Suite 104, Aspen, CO 81611-1991, (970) 925-3476,

[email protected], [email protected]. Application for Conditional Surface Water Right, Approval of Plan for

Augmentation, and Conditional Appropriative Rights of Exchange. FIRST CLAIM (Conditional Surface Water Right): SWSD

Roaring Fork Intake Pipeline. (1) Location: NW 1/4 of NE 1/4 of Sec. 21, T. 9 S., R. 85 W. 6th P.M., at a point approx. 1789 ft. W.

of the E. Sec. line, and 371 ft. S. of the N. Sec. line; UTM: NAD 83, Zone 13N, 4347491m N, 337408m E. (2) Source: Roaring Fork

River, tributary to the Colorado River. (3) Amount: 9.0 c.f.s. (4) Approp. date: December 31, 2017. (5) Uses/proposed uses:

municipal, including but not limited to domestic, commercial, irrigation, recreation, industrial and other beneficial uses associated

with SWSD’s provision of potable water service to its customers in and around the Town of Snowmass Village, Colorado. (6)

Names/address of owners of land upon which structure would be located: Anthony and Kathryn Grant, P.O. Box 50235, Austin, TX

78763. (7) Additional explanation of claim for conditional surface water right: SWSD seeks to develop a supplemental physical

source of supply from the Roaring Fork River for use when the quantity or quality of water available to SWSD from Snowmass Creek,

which historically has been its principal source of water supply, is limited due to events such as droughts, landslides, forest fires,

avalanches, physical equipment failures or other emergencies. During periods when a senior water right located below the confluence

of the Roaring Fork and Fryingpan Rivers places a valid call on the Roaring Fork River, this water right would operate pursuant to the

plan for augmentation and exchange described below. SECOND CLAIM (Plan for Augmentation): (1) Water Rights to be

Augmented: SWSD Roaring Fork Intake Pipeline (as described above in First Claim). (2) Water Right to be Used for Augmentation:

Ruedi Reservoir: water rights and supplies available to SWSD pursuant to Contract No. CW 12004 with the U.S. Bureau of

Reclamation for 500 acre-feet of annual supply from the marketable yield of Ruedi Reservoir, and any additional amounts that SWSD

may obtain in the future pursuant to additional or supplemental contracts with the Bureau. Source: Fryingpan River, tributary of

Colorado River. Legal Desc.: an on-channel reservoir located in Secs. 7, 8, 9, 11, and 14 through 18, T. 8 S., R. 84 W. of the 6th P.M.

in Eagle and Pitkin Counties. The dam 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. Decree info.: (i) Case No.: C.A. 4613. Decree date: June 20, 1958. Court:

Garfield County District Court. Approp. date: July 29, 1957. Amount: 102,369 acre feet (originally decreed for 140,697.3 acre feet;

reduced to 102,369 acre feet in Case No. W-789-76.) The full amount was made absolute in Case No. 88CW85. Decreed uses:

domestic, municipal, irrigation, industrial, generation of electrical energy, stock watering and piscatorial. (ii) Case No. 81CW34.

Decree date: April 8, 1985. Court: District Court, Water Div. 5. Approp. date: January 22, 1981. 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 Colorado River Water Projects

Enterprise Water Rights Descriptions August 2008 Page 4 of 9 made absolute in Case No. 01CW269, for a total of 69,766 acre feet

absolute in the refill right. Decreed uses: 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. In accordance with C.R.S. § 37-92-305(8)(c), SWSD may use alternative or additional sources of water

for augmentation, substitution, replacement and exchange pursuant to the final decree entered for this application and shall comply

with all statutory requirements in place at the time SWSD seeks to use alternative or additional replacement supplies. (3) Statement of

Plan for Augmentation: this plan for augmentation intends to allow SWSD to continue to operate the SWSD Roaring Fork Intake

Pipeline water right (described above in the First Claim) when the Roaring Fork or Colorado River systems are under administration

due to senior calls originating below the confluence of the Roaring Fork and Fryingpan Rivers by providing replacement water

released from Ruedi Reservoir. To determine the amount of out-of-priority depletions to be augmented pursuant to this plan, domestic

consumption within the SWSD service area will be calculated using the difference between the flow measuring devices at SWSD’s

water treatment plant and wastewater treatment plant effluent. Domestic use within the Brush Creek Metropolitan District (which

SWSD provides service to by contract) will be assumed to be 15% consumptive due to the use of individual sewage disposal systems

(ISDS). Water used in either area for outdoor irrigation shall be assumed to be 80% consumptive. According to Glover analyses

completed by SWSD’s engineers, due to local geology and relative distances from the Brush Creek and the Roaring Fork River,

lagged return flows from ISDS and outdoor irrigation accrue evenly over 12 months (8.3% per month). SWSD will develop measuring




PAGE 43

and accounting systems acceptable to the Division Engineer to facilitate future administration of this plan. The Roaring Fork and

Colorado Rivers are subject to periodic water rights calls from downstream irrigation water rights after spring runoff each year. The

synthetic call used for purposes of developing this plan for augmentation assumes 14 call days in April, 7 call days in May, 15 call

days in June, and calls throughout July through October. The proposed augmentation plan will provide water released from storage in

Ruedi Reservoir in time and amount to replace all out-of-priority depletions that would otherwise result due to use of the SWSD

Roaring Fork Intake Pipeline during such downstream call periods. This plan will operate in conjunction with the SWSD Exchange

No. 2 described below in SWSD’s Third Claim. The Colorado Water Conservation Board (CWCB) holds instream flow water rights

on the Roaring Fork River from Maroon Creek to the Fryingpan River in the amount of 30.0 c.f.s. (October 1-March 31) and 55.0

c.f.s. (April 1-September 30). During periods of Roaring Fork River administration due to a valid call originating from these instream

flow water rights, or from any other senior water right located between the SWSD Roaring Fork Intake Pipeline and the Roaring

Fork/Fryingpan confluence (excepting the Pitkin County RICD, addressed below), SWSD shall curtail diversions pursuant to the

SWSD Roaring Fork Intake Pipeline water right unless and until local augmentation supplies are made available pursuant to a future

water court or substitute water supply plan approval. THIRD CLAIM (Appropriative Rights of Exchange): SWSD Exchange No. 1

(Snowmass Creek/Roaring Fork): (1) Upstream Termini (“exchange to” structures): (a) East Snowmass Brush Creek Ditch (Structure

ID 653). Decrees: C.A. 1321, C.A. 5884, W-2903. Decreed location: on the E. bank of East Snowmass Creek at a point about (80)

rods S. and up the creek above a point 44°27’ W. 6052 ft. from the S.W. corner of Sec. 2, T. 10 S., R. 86 W., 6th P.M. Surveyed

location (per SGM survey, July 30, 2014): SW 1/4 SW 1/4 of Sec. 10, T. 10 S., R. 86 W., 6th P.M., at a point 1145 ft. W. of the E.

Sec. line and 297 ft. N. of the S. Sec. line, UTM: NAD 83, Zone 13N, 4339693m N, 328522m E. Source: East Snowmass Creek. (b)

East Snowmass and Brush Creek Pipeline (Structure ID 1441). Decrees: C.A. 5884, W-2903, 92CW307. Decreed location: on the E.

bank of East Snowmass Creek at a point whence the NE corner of Sec. 10, T. 10, S., R. 86 W., 6th P.M., bears N. 39°25’ E. 6,495 ft.

Surveyed location (per SGM survey, July 30, 2014): SW 1/4 SW 1/4 of Sec. 10, T. 10 S., R. 86 W., 6th P.M., at a point 1178 ft. E. of

the W. Sec. line and 296 ft. N. of the S. Sec. line, UTM: NAD 83, Zone 13N, 4339692m N, 328532m E. Source: East Snowmass

Creek. (c) Snowmass Creek Pipeline (Structure ID 1442). Decrees: C.A. 5884, 92CW307, 93CW043. Decreed location: on the right

bank of Snowmass Creek at a point whence the SE corner of Sec. 3, T. 10 S., R. 86 W., 6th P.M., bears S. 57°34’ E. 3417 ft. PLSS

location (per CDSS): NE 1/4 of SW 1/4 of Sec. 3, T. 10 S., R. 86 W., 6th P.M., at a point approx. 2,744 ft. W. of the E. Sec. line, and

2,064 ft. N. of the S. Sec. line, UTM: NAD 83, Zone 13N, 4341830m N, 328989m E. Source: Snowmass Creek. (2) Downstream

Terminus: confluence of the Roaring Fork and Fryingpan Rivers, generally located in the SW1/4 SE1/4 of Sec. 7, T. 8 S., R. 86 W. of

the 6th P.M., at a point approximately 750 ft. from the S. sec. line and 1440 ft. from the E. sec. line. (3) Approp. date: December 31,

2017. (4) Rate and volume: 3.0 c.f.s., up to 400 acre-feet, conditional. (5) Uses: municipal, including but not limited to domestic,

commercial, irrigation, recreation, industrial, and other beneficial uses associated with SWSD’s provision of potable water service to

its customers and for any other purposes, and at any places of use, decreed to the “exchange to” structures. (5) Explanation of

exchange operation: SWSD is not filing for new water rights for the above-listed “exchange to” points, rather only to confirm

appropriative rights of exchange that will allow SWSD to supplement legal supply available from existing water rights when the

Roaring Fork River is under administration due to placement of a valid call below the confluence of the Roaring Fork and Fryingpan

Rivers. SWSD’s diversion of water at any one or combination of the three “exchange to” points pursuant to this exchange shall not

exceed a cumulative rate of 3.0 c.f.s. and shall be subject to all existing agreements regarding SWSD’s use of water at the these three

locations. Releases from Ruedi Reservoir will be delivered at the confluence of the Fryingpan and Roaring Fork Rivers. The subject

exchange will operate from this confluence up the Roaring Fork River, Snowmass Creek, and, if applicable, East Snowmass Creek, to

the “exchange to” locations. Water diverted at these locations by exchange may be used directly or stored in SWSD’s present or future

storage facilities for later use for the purposes described above. SWSD Exchange No. 2 (Roaring Fork). (1) Upstream Terminus:

SWSD Roaring Fork Intake Pipeline (as described above in First Claim). (2) Downstream Terminus: confluence of the Roaring Fork

and Fryingpan Rivers (location information described above in Exchange No. 1). Approp. date: December 31, 2017. (3) Rate and

volume: 4.0 c.f.s., up to 500 acre-feet, conditional. (4) Uses: municipal, including but not limited to domestic, commercial, irrigation,

recreation, industrial, and other beneficial uses associated with SWSD’s provision of potable water service to its customers. (5)

Explanation of exchange operation: releases from Ruedi Reservoir will be delivered at the confluence of the Fryingpan and Roaring

Fork Rivers. The SWSD Exchange No. 2 will operate from this confluence up the Roaring Fork River to the location of the SWSD

Roaring Fork Intake Pipeline in connection with operation of the plan for augmentation described above in SWSD’s Second Claim.

Additional information re both exchange claims: SWSD claims the right to conduct these exchanges (1) from the downstream

terminus upstream to any other point of diversion and/or storage located within the exchange reaches (including the terminus) that is

or becomes available for SWSD use and (2) within the exchange reaches from points of diversion and/or storage to other such points

that are or become available for SWSD’s use. However, these exchanges or any portions thereof shall not operate whenever a valid

call is placed by a senior water right within the exchange reach, including but not limited to any valid calls placed by the CWCB for

any existing decreed instream flow water rights located within the exchange reach. The cumulative rate and volume pursuant to the

SWSD Exchange No. 1 and the SWSD Exchange No. 2 shall not exceed 4.0 c.f.s. and 500 acre-feet. Additional information re

conditional water rights claims: Pursuant to Section 24.F of the Final Decree in Case No. 10CW305, the Pitkin County RICD water

right shall be subordinated in priority to water rights that (1) have points of diversion upstream of the RICD; (2) are not senior to the

Pitkin County RICD water right; and (3) are decreed between January 1, 2011 and the fifteenth anniversary of entry of a decree in

10CW305 or the date upon which a cumulative 3,000 acre-feet subordination is achieved. SWSD therefore requests confirmation that


PAGE 44

the conditional surface water right and appropriative rights of exchange that SWSD seeks to confirm in this proceeding qualify for this

subordination. The RICD Season depletion volume pursuant to the water rights claimed herein shall not exceed 500 acre-feet. SWSD

also seeks a determination that all of the above-described water rights are part of an integrated water system for purposes of

application of C.R.S. § 37-92-301(4)(b). (12 pages)






CO 81601.






17CW3233 PITKIKN COUNTY – WILLOW CREEK AND MAROON CREEK; TRIBUTARIES TO ROARING FORK

RIVER. Stage Road Homeowners Association c/o Paul L. Noto, Esq. and John M. Sittler, Esq., Patrick, Miller & Noto, P.C., 197

Prospector Road, Suite 2104A, Aspen, CO 81611 (970) 920-1030. APPLICATION TO MAKE WATER RIGHTS ABSOLUTE AND

FOR FINDINGS OF REASONABLE DILIGENCE. First Claim (Absolute): Structures: Bar Slash X Ranch Fathering Pond No. 1A;

Bar Slash X Ranch Fathering Pond No. 1B; Bar Slash X Ranch Fathering Pond No. 1C; Bar Slash X Ranch Fathering Pond No. 1D;

Bar Slash X Ranch Fathering Pond No. 1E; Bar Slash X Ranch Lot 2 Pond; Bar Slash X Ranch Lot 4 Pond; Bar Slash X Ranch Lot 5

Pond; Bar Slash X Ranch Lot 8 Pond. Original Decree: November 6, 2011; Case No. 04CW231 Water Division 5. Legal: Section 2,


P.M. in Pitkin County, Colorado, more specifically described in the following table:

Pond Name ¼, ¼ Section Distance from Section Lines

Fathering Pond No. 1A SE, NW W 1675’, N 2565’

Fathering Pond No. 1B NE, SW W 1675’, S 1940’

Fathering Pond No. 1C SE, SW W 2410’, S 554’

Fathering Pond No. 1D SE, NW W 2455’, N 1944’

Fathering Pond No. 1E NW, SE E 2548’ S 2258’

Lot 2 Pond SE, SW W 2664’, S 115’

Lot 4 Pond NE, SW W 2270’, S 1345’

Lot 5 Pond NE, SW W 2323’, S 1591’

Lot 8 Pond SW, NE W 2995’, S 2717’

Sources: Willow Creek, through Willow Creek Ditch; Maroon Creek, through Herrick Ditch; Tributaries to Maroon Creek (all

tributary to Roaring Fork River). Appropriation Date: August 1, 2003. Amount:

Structure Name Amount (acre-feet) Surface Area (acres) Height (ft) Length (ft)

Fathering Pond 1A 1.50 0.38 <5.0 400

Fathering Pond 1B 1.12 0.31 3.0 250

Fathering Pond 1C 0.32 0.16 4.0 280

Fathering Pond 1D 0.25 0.09 1 135

Fathering Pond 1E 0.30 0.05 5 200

Lot 2 Pond 0.02 0.06 5 200

Lot 4 Pond 0.20 0.06 5 200

Lot 5 Pond 0.20 0.06 5 200

Lot 8 Pond 0.40 0.083 5 200

TOTAL 4.31 acre-feet 1.253 acres

Use: Pond Nos. 1A through 1E: recreation, irrigation, aesthetic, wildlife watering, wetland creation, piscatorial, and augmentation.

Lots 2, 4, 5, and 8 Ponds: recreation, irrigation, aesthetic, wildlife watering, wetland creation, and piscatorial uses. Absolute claim:

Date of Beneficial Use: May 31, 2015. Amount: 4.31 acre-feet cumulative. Use: all decreed uses. Location of Beneficial Use: TS Bar

X, LLC c/o Garfield & Hecht, 601 Hyman Ave., Aspen, CO 81611 and the following: Bear Vista, LLC (Lot 8 Pond), 110 Oakwood

Dr. #100, Winston-Salem, NC 27103; Oyster Shores, LLC (Fathering Pond 1E), 400 E. Main St., Aspen, CO 81611; TJR Holdings,


PAGE 45

LLC (Fathering Pond 1B), 777 Woodward Ave., Suite 300, Detroit, MI 48226; Andrew David & Dana C. Stone (Fathering Pond 1C,

Lots 4 and 5 Ponds)

740 Park Ave., New York, NY 10021; W.L. & Gayle Hunt Aspen QPRT, W.L. & Gayle Hunt Living Trust, P.O. Box 12667, El Paso,

TX 79913; DDC Aspen, LLC (Lot 2 Pond), 1904 W 35th St., Austin, TX 78703; TS Bar X, LLC (Fathering Pond 1A), 625 E. Hyman

#201, Aspen, CO 81611; Two Stage Road, LLC (Fathering Pond 1D), 678 County Road 127, Glenwood Springs, CO 81601. Second

Claim (Diligence): Structures: Bar Slash X Ranch Fathering Pond No. 2; Bar Slash X Ranch Lot 1 Pond; Bar Slash X Ranch Lot 2

Pond; Bar Slash X Ranch Lot 3 Pond; Bar Slash X Ranch Lot 4 Pond; Bar Slash X Ranch Lot 5 Pond; Bar Slash X Ranch Lot 6 Pond;

Bar Slash X Ranch Lot 7 Pond; Bar Slash X Ranch Lot 9 Pond; Bar Slash X Ranch Lot 10 Pond; Bar Slash X Ranch Lot 11 Pond; Bar

Slash X Ranch Lot 12 Pond. Original Decree: November 6, 2011; Case No. 04CW231 Water Division 5. Legal: Township 10 South,

Range 85 West of the 6th P.M. in Pitkin County, Colorado, more specifically described in the following table:

Pond Name Section ¼ ¼ Section Distance from Section Lines

Fathering Pond No. 2 2 NE, SW W 2444’, S 2018’

Lot 1 Pond 11 NE, NW W 2575’, N 154’

Lot 2 Pond 2 SE, SW W 2664’, S 115’

Lot 3 Pond 2 SE, SW W 2720’, S 344’

Lot 4 Pond 2 NE, SW W 2270’, S 1345’

Lot 5 Pond 2 NE, SW W 2323’, S 1591’

Lot 6 Pond 2 NE, SW W 2093’, S 1798’

Lot 7 Pond 2 NW, SE W 3077’, S 2598’

Lot 9 Pond 2 SW, NE W 2822’, S 3028’

Lot 10 Pond 2 SE, NW W 2638’, S 3048’

Lot 11 Pond 2 SE, NW W 2405’, S 3219’

Lot 12 Pond 2 SE, NW W 2156’, S 3665’

Sources: Willow Creek, through Willow Creek Ditch; Maroon Creek, through Herrick Ditch; Tributaries to Maroon Creek (all

tributary to Roaring Fork River). Appropriation Date: August 1, 2003. Amount:

Structure Name Amount (acre-feet) Surface Area (acres) Height (ft) Length (ft)

Fathering Pond 2 10.59 1.44 <9.5 500

Lot 1 Pond 0.40 0.083 5 200

Lot 2 Pond 0.38 0.023 5 200

Lot 3 Pond 0.40 0.083 5 200

Lot 4 Pond 0.20 0.023 5 200

Lot 5 Pond 0.20 0.023 5 200

Lot 6 Pond 0.40 0.083 5 200

Lot 7 Pond 0.40 0.083 5 200

Lot 9 Pond 0.40 0.083 5 200

Lot 10 Pond 0.40 0.083 5 200

Lot 11 Pond 0.40 0.083 5 200

Lot 12 Pond 0.40 0.083 5 200

TOTAL 14.57 af 2.173 acres

Use: Bar Slash X Ranch Fathering Pond No. 2: recreation, irrigation, aesthetic, wildlife watering, wetland creation, and piscatorial

use. Bar Slash X Ranch Lot Pond Nos. 1, 2, 3, 4, 5, 6, 7, 9, 10, 11 & 12: recreation, irrigation, aesthetic, wildlife water ing, wetland

creation, and piscatorial purposes. Landowners where water is or will be put to beneficial use: Vann and Heidi Avedisian (Lot 12

Pond), 410 Sheridan Rd, Winnetka, IL 6009; Retreat Properties, LLC (Lot 11 Pond), 6825 N Lincoln Ave., Lincolnwood, IL 60712;

Mark Iola and Sarah J. Clark (Lot 10 Pond), 4332 Potomac Ave., Dallas, TX 75205; Bear Vista, LLC (Lot 9 Pond), 110 Oakwood Dr

#100, Winston-Salem, NC 27103; Oyster Shores, LLC (Lot 7 Pond), 400 E Main St., Aspen, CO 81611; TJR Holdings, LLC (Lot 6

Pond), 777 Woodward Ave, Suite 300, Detroit, MI 48226; TS Bar X, LLC (Fathering Pond No. 2), 625 E. Hyman #201, Aspen, CO

81611; Andrew David & Dana C. Stone (Lots 4 and 5 Ponds), 740 Park Ave., New York, NY 10021; W.L. & Gayle Hunt Aspen

QPRT (Lot 3 Pond) W.L. & Gayle G. Hunt Living Trust, P.O. Box 12667, El Paso, TX 79913; DDC Aspen, LLC (Lot 2 Pond), 1904

W 35th St., Austin, TX 78703; Michael Maggi (Lot 1 Pond), 9030 Sandringham Dr., Houston, TX 77024. Maps of the above water

rights are on file with the court as Exhibit A. Detailed information on work done towards completion of appropriation of above water

rights for beneficial use is included in the Application, on file with the court.


PAGE 46






CO 81601.

division 5 water court- december 2017 resume substitute water supply plan notification ... ·...

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