division 5 water court- march 2020 resume 1. pursuant … 2… · division 5 water court- march...

DIVISION 5 WATER COURT- MARCH 2020 RESUME

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

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

CLERK FOR WATER DIVISION 5 DURING THE MONTH OF MARCH 2020. The water right claimed by this application may

affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to

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

20CW3032 APPLICATION FOR CONDITIONAL SURFACE WATER RIGHT AND CONDITIONAL WATER STORAGE

RIGHTS IN MESA COUNTY, COLORADO, by Lawrence W. Brach, 1035 Q ½ Road, Mack, CO 81525, [email protected],

970.260.0103. APPLICATION FOR CONDITIONAL SURFACE WATER RIGHT 1. Name of structure: Brach Wastewater Ditch 2.

Legal description of each point of diversion: a. Location information in UTM format: Easting 166812 Northing 4353055 Zone 13 (NAD

83). The street address of the property where the diversion structure will be located is 1760 10 Road, Mack, Colorado 51525. Attached

as Exhibit A to the application is an 8 ½ x 11 inch map illustrating the approximate location of the point of diversion for the Brach

Wastewater Ditch. b. Legal Description Using the Public Land Survey System (PLSS) (Optional): The Brach Wastewater Ditch will be

located in the NE1/4 of the NW1/4 of Section 7, Township 2 North, Range 3 West of the Ute Principal Meridian. 3. Source: surface

runoff and irrigation wastewater tributary to East Salt Creek, Tributary to Salt Creek, tributary to the Colorado River. 4. Appropriation:

Date of appropriation: March 3, 2020. How appropriation was initiated: By formation of intent to appropriate paired with the filing of

this application. 5. Amount claimed. Conditional 4 cubic feet per second of time (“cfs”). 6. List All Proposed Uses: Applicant proposes

to use water diverted by the Brach Wastewater Ditch to irrigate the approximately 50 acres located in the NW ¼ of Section 7, Township

2 North, Range 3 West of the Ute Principal Meridian, and shown in the figure attached as Exhibit A to theapplication. APPLICATION

FOR CONDITIONAL WATER STORAGE RIGHTS 7. Names of Reservoirs: a. Brach Wastewater Pond No. 1 and b. Brach

Wastewater Pond No. 2 8. Legal description of location of dam centerline for each pond. a. Brach Wastewater Pond No. 1: i. Location

information in UTM format: NAD 83, Zone 13, 166377 E, 4352939 N. Source of the UTM coordinates is DWR Map Viewer. The

street address of the property where the storage structure will be located is 1760 10 Road, Mack, Colorado 51525. Exhibit A to the

Application is a figure illustrating the approximate location of the Brach Wastewater Pond No. 1. ii. Legal Description Using the Public

Land Survey System (PLSS): Located in the SW1/4 of the NW1/4, Section 7, Township 2 North, Range 33 West, Ute P.M. b. Brach

Wastewater Pond No. 2: i. Location information in UTM format: NAD 83, Zone 13, 166244 E, 4352918 N. The street address of the

property where the storage structure will be located is 1760 10 Road, Mack, Colorado 51525. Source of the UTM coordinates is DWR

Map Viewer. Exhibit A to the Application is a figure illustrating the approximate location of the Brach Wastewater Pond No. 2. ii. Legal

Description Using the Public Land Survey System (PLSS): Located in the SW1/4 of the NW1/4, Section 7, Township 2 North, Range

33 West, Ute P.M. 9. Source(s): Surface runoff and irrigation wastewater tributary to East Salt Creek, Tributary to Salt Creek, tributary

to the Colorado River. 10. Point of Diversion: The Brach Wastewater Diversion described in paragraph 3 of this Application. 11.

Appropriation a. Date of appropriation: March 3, 2020. b. How appropriation was initiated: By formation of intent to appropriate paired

with the filing of this application. 12. Amount claimed: a. Brach Wastewater Pond No. 1 i. Amount of Storage Claimed for Brach

Wastewater Pond No. 1: 27.5 acre-feet, together with the right to fill, refill, and subsequently refill in priority. ii. Claimed rates of

diversion in cubic feet per second (cfs) for filling: 4 cfs b. Brach Wasteater Pond No. 2 i. Amount of Storage Claimed for Brach

Wastewater Pond No. 2: 27.5 acre-feet, together with the right to fill, refill, and subsequently refill in priority. ii. Claimed rates of

diversion in cubic feet per second (cfs) for filling: 4 cfs 13. List All Uses: Irrigation of approximately 50 acres located in the NW ¼ of

Section 7, Township 2 North, Range 3 West of the Ute Principal Meridian, and shown in the figure attached as Exhibit A to the

Application, recreational use, and fish and wildlife. 14. Pond Dimensions. a. Brach Wastewater Pond No. 1. i. Surface area of high water

line: ~2.75 Acres. ii. Vertical height of dam in feet measured vertically from the elevation of the lowest point of the natural surface of

the ground where that point occurs along the longitudinal centerline of the dam up to the crest of the emergency spillway of the dam:

~10 feet. iii. Length of dam in feet: ~400 feet. iv. Total capacity of reservoir: ~27.5 acre feet. b. Brach Wastewater Pond No. 2 i. Surface

area of high water line: ~3.45 Acres. ii. Vertical height of dam in feet measured vertically from the elevation of the lowest point of the

natural surface of the ground where that point occurs along the longitudinal centerline of the dam up to the crest of the emergency

spillway of the dam: ~8 feet. iii. Length of dam in feet: ~600 feet. iv. Total capacity of reservoir: ~27.5 acre feet. 15. Name(s) and

address(es) of owner(s) or reputed owner(s) of the land upon which any new or existing 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 is the owner of the lands on which all structures identified in the Application are located.

Application is 4 pages in length.

YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of MAY 2020 to file with the Water Clerk a verified

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

or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s

attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing

Fee: $192.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.






mailto:[email protected]


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20CW3033 (13CW3060) PITKIN COUNTY, TRIBUTARY TO CASTLE CREEK, TRIB. TO ROARING FORK RIVER, TRIB.

TO COLORADO RIVER. Application for Finding of Reasonable Diligence. Applicant: Arden House Trust dated October 7, 2010,

703 N. Arden Drive, Beverly Hills, CA 90210, c/o Garfield & Hecht, P.C., 901 Grand Ave., Suite 201, Glenwood Springs, CO 81601,

(970)947-1936. Name of structure: Berlin Pond. Decree Information: Original decree was entered on November 6, 2000 in Case No.

99CW238, District Court, Water Division No. 5. Subsequent decrees finding reasonable diligence and/or making the water right absolute

in part were entered on October 8, 2007 in Case No. 06CW240 and on March 9, 2014 in Case No. 2013CW3060. Legal Description:

The Berlin Pond is situated in the NE¼ NE¼ of Section 23, Township 10 South, Range 85 West of the 6 th P.M. in Pitkin County at a

point 50 feet south of the north section line and 975 feet west of the east section line of said Section 23. See map attached hereto as

Exhibit A and incorporated herein by reference. Source: Seeps and springs collected for the Berlin Pond, adjacent to Castle Creek,

tributary to the Roaring Fork River, tributary to the Colorado River. Date of appropriation: June 22, 1999. Amount: 2.0 acre-feet, of

which 0.63 acre-foot is conditional. Uses: Domestic and irrigation uses by augmentation and exchange, recreation, and fire protection.

Remarks: By decree entered in Case No. 89CW313, the Berlin Pond was decreed absolute for 2.0 acre-feet for irrigation, aesthetic, and

piscatorial uses. That absolute water right is in addition to the use enlargement decreed to the Berlin Pond in Case No. 99CW238, to

which this Application for Finding of Reasonable Diligence applies. The application includes a detailed description of what has been

done toward or for completion of the appropriation and application of water to beneficial use as conditionally decreed, including

expenditures. Owner of land on which the storage structure is or will be constructed: Applicant. The Applicant requests the Court to

enter a decree finding and concluding that the Applicant has shown reasonable diligence in the development of the remaining conditional

portion of the Berlin Pond water right and continuing such conditional water right in full force and effect.











20CW3034 EAGLE COUNTY; Application to Make Water Right Partially Absolute and/or for Findings of Reasonable

Diligence. Applicant: Town of Eagle; please direct all correspondence to Applicant’s attorney: Mary Elizabeth Geiger, Garfield &

Hecht, PC, 901 Grand Avenue, Suite 201, Glenwood Springs, CO 81601, (970) 947-1936; [email protected]; Applicant

requests the following water right be made partially absolute and for findings of reasonable diligence: Warm Springs Ditch. Original decree:

Case No. 07CW98, District Court, Water Division 5, March 9, 2014. Legal description of point of diversion: The Warm Springs Ditch point

of diversion is in the SE1/4 of the SW¼ Section 4, Township 5 South, Range 84 West of the 6th P.M. and is more particularly described

as 2110 feet from the West Section line and 75 feet from the South Section line as shown on Exhibit A attached hereto and incorporated

herein. Source: Springs, runoff, groundwater and other waters tributary to Brush Creek, tributary to the Eagle River, tributary to the

Colorado River. Date of initiation of appropriation: December 30, 2006. Date applied to beneficial use: May 15, 2008, for 0.86 c.f.s. (385

g.p.m.) as described below. Amount: 1.0 cf.s., conditional. Uses: All Municipal uses, including but not limited to, recreation, dust suppression,

compaction, irrigation and fire protection. Irrigation of 38.75 acres of the Town’s Land, as shown on Exhibit A located in the South ½ of

Section 4, Township 5 South Range 84 West 6th P.M. The area that has been irrigated thus far with this water right is shown on Exhibit B,

attached hereto and incorporated herein by this reference. Owner of land on which point of diversion is located: Applicant. Remark: This

water right is augmented pursuant to the Augmentation Plan approved in Case No. 05CW282. The Application includes a detailed

description of activities undertaken during the diligence period toward the application of the water right to beneficial use and the

application of a portion thereof to beneficial use. (5 pages).











20CW3035 GARFIELD COUNTY. GROUNDWATER TRIB. TO AN UNNAMED TRIB. OF THE ROARING FORK RIVER.

Application for Finding of Reasonable Diligence. Applicant: 893 Hunt Ranch, LLC, c/o Sara M. Dunn, Balcomb & Green, P.C., P.O.

Drawer 790, Glenwood Springs, CO 81602; 970-945-6546. Summary of Application: Applicant requests a finding of reasonable

diligence in the development of the cond. water rights for the Hunt Ranch Wells Nos. 3, 4, 5 and 6 (“Subject Water Rights”) A map



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(Figure 1) depicting the location of each of the structures is on file with the Water Court. Prior Decree Information: The Subject Water

Rights were originally decreed in Case No. 05CW301, entered in District Court, Water Division 5 on 10/31/2007. Findings of reasonable

diligence were entered on 3/9/2014 in Case No. 13CW3072, District Court, Water Division 5. Structures: Hunt Ranch Well No. 3. Legal

Description: NE1/4 SE1/4 Sec. 20, T. 7 S., R. 87 W., 6th P.M. at a pt. 1,471 ft. from the S. Sec. Line and 1,094 ft. from the E. Sec. Line

of said Sec. 20. Depth: 205 ft. Hunt Ranch Well No. 4. Legal Description: SE1/4 NE1/4 Sec. 20, T. 7 S., R. 87 W., 6th P.M. at a pt. 2,735

ft. from the S. Sec. Line and 35 ft. from the E. Sec. Line of Sec. 20. Depth: 235 ft. Hunt Ranch Well No. 5. Legal Description: NE1/4

NW1/4 Sec. 21, T. 7 S., R. 87 W., 6th P.M. at a pt. 1,135 ft. from the N. Sec. Line and 1,754 ft. from the W. Sec. Line of said Sec. 21.

Depth: approx. 250 ft. Hunt Ranch Well No. 6. Legal Description: NW1/4 NW1/4 Sec. 21, T. 7 S., R. 87 W., 6 th P.M. at a pt. 920 ft.

from the N. Sec. Line and 1,190 ft. from the W. Sec. Line of said Sec. 21. Depth: approx. 250 ft. Source for Hunt Ranch Well Nos. 3

through 6: Groundwater trib. to an unnamed trib. of the Roaring Fork River. Approp. Date for Hunt Ranch Well Nos. 3 through 6:

10/13/2005. Amount for Hunt Ranch Wells Nos. 3 through 6.: 50 g.p.m., cond. each; the combined cumulative max. pumping rate

between Hunt Ranch Well Nos. 3-6 shall not exceed 100 g.p.m. Uses for Hunt Ranch Well Nos. 3 through 6: Dom., fire prot., and irr.

of 1.1 acres, in conjunction with Hunt Ranch Well Nos. 4, 5, and 6, for lawn and garden areas of within the property described in Exhibit

A. A list of diligence activities and expenditures evidencing development of the Subject Water Rights is on file with this Court. Name

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











20CW3036 SUMMIT COUNTY, ROCK CREEK, TRIBUTARY TO THE BLUE RIVER, TRIBUTARY TO THE COLORADO

RIVER. Triple Creek Ranch, LLC, 4343 South Holly Street, Englewood, CO 80111, c/o Michael J. Sawyer, KARP NEU HANLON,

P.C., 201 14th Street, Suite 200, P. O. Drawer 2030, Glenwood Springs, CO 81602, (970) 945-2261. APPLICATION FOR FINDING

OF REASONABLE DILIGENCE. First Claim: Application for Finding of Reasonable Diligence. Triple Creek Ditch. Original

Decree: May 11, 1993, in Case No. 92CW255, in the District Court in and for Water Division No. 5. Subsequent decrees: Case Nos.

99CW89, 05CW180 and 13CW3016. Legal description: the point of diversion will be located in the NE1/4 SE1/4, Section 8, Township

4 South, Range 78 West, 6th P.M. at a point located 1,000 feet North of the South line and 200 feet West of the East line. Source: Middle

Rock Creek, tributary to Rock Creek, tributary to the Blue River, tributary to the Colorado River. Appropriation date: September 25,

1992. Amount: 0.25 c.f.s., conditional. Uses: Aesthetics, fish habitat and fire protection. Claim for diligence: Applicant requests a

finding of diligence for 0.25 c.f.s., conditional, for the Triple Creek Ditch for aesthetics, fish habitat and fire protection. Second Claim:

Application for Finding of Reasonable Diligence. Curran Ditch Enlargement. Original decree: May 11, 1993, in Case No. 92CW255,

in the District Court in and for Water Division No. 5. Subsequent decrees: Case Nos. 99CW89, 05CW180, and 13CW3016. Legal

description: the point of diversion is located on the South bank of North Rock Creek at a point whence the 1/4 corner of Section 8,

Township 4 South, Range 78 West of the 6th P.M. bears South 87˚50’ East 2,570 feet, which can be described as located in the NE1/4

of the SW1/4 of Section 8, 2,388 feet North of the South line and 2,531 feet West of the3 East line. Practical Location: Location by

UTM Zone 13 Coordinates, NAD27 Zone 13, NAD27 Datum (USGS Quad Maps) North 4,397,038 East 402,757; Location by UTM

Zone 13 Coordinates, NAD27 Zone 13, NAD83 Datum, (GPS Receivers) North 4,397,042 East 401,579. Source: North Rock Creek.

Appropriation date: September 25, 1992. Amount: 0.6 c.f.s., conditional. Uses: Aesthetics, fish habitat and fire protection. Claim for

diligence: Applicant requests a finding of diligence for 0.6 c.f.s., conditional, for the Curran Ditch Enlargement for aesthetics, fish

habitat and fire protection. Third Claim: Application for Finding of Reasonable Diligence. Sanders Pond No. 1. Original decree:

May 11, 1993, in Case No. 92CW355, in the District Court in and for Water Division No. 5. Subsequent decrees: Case Nos. 99CW89,

05CW180, and 13CW3016. Legal description: The outlet works for Pond No. 1 will be located in the NE1/4 SE1/4 of Section 8,

Township 4 South, Range 78 West of the 6th P.M., at a point located 1,500 feet North of the South line and 400 feet West of the East

line. Practical Location: Location by UTM Zone 13 Coordinates, NAD27 Zone 13, NAD27 Datum (USGS Quad Maps) North 4,396,569

East 402,219; Location by UTM Zone 13 Coordinates, NAD27 Zone 13, NAD83 Datum, (GPS Receivers) North 4,396,777 East

402,172. This location is approximately 169 feet from the decreed location. Source: Triple Creek Ditch and Curran Ditch Enlargement,

which has sources from the Middle Fork Rock Creek and North Rock Creek. Appropriation date: September 25, 1992. Amount: 0.5

acre-feet, conditional. Uses: backup fire protection for the Triple Creek Ranch, aesthetics and fish habitat. Claim for diligence: Applicant

requests a finding of diligence for 0.5 acre-feet, conditional, for the Sanders Pond No. 1 for backup fire protection for the Triple Creek

Ranch, aesthetics and fish habitat. Fourth Claim: Application for Finding of Reasonable Diligence. Sanders Pond No. 2. Original

decree: May 11, 1993, in Case No. 92CW355, in the District Court in and for Water Division No. 5. Subsequent decrees: Case Nos.

99CW89, 05CW180, and 13CW3016. Legal description: The outlet works for Pond No. 2 will be located in the NE1/4 SE1/4 of Section

8, Township 4 South, Range 78 West of the 6th P.M. at a point located 1,400 feet North of the South line and 50 feet West of the East

line. Practical Location: Location by UTM Zone 13 Coordinates, NAD27 Zone 13, NAD27 Datum (USGS Quad Maps) North 4,396,521

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East 402,383; Location by UTM Zone 13 Coordinates, NAD27 Zone 13, NAD83 Datum, (GPS Receivers) North 4,396,729 East

402,336. This location is approximately 27 feet from the decreed location. Source: Triple Creek Ditch and Curran Ditch Enlargement,

which has sources from the Middle Fork Rock Creek and North Rock Creek. Appropriation date: September 25, 1992. Amount: 1.945

acre-feet, conditional. Uses: backup fire protection for the Triple Creek Ranch, aesthetics and fish habitat. Claim for diligence: Applicant

requests a finding of diligence for 1.945 acre-feet, conditional, for the Sanders Pond No. 2 for aesthetics, fish habitat and fire protection.

Fifth Claim: Application for Finding of Reasonable Diligence. Sanders Pond No. 3. Original decree: May 11, 1993, in Case No.

92CW355, in the District Court in and for Water Division No. 5. Subsequent decrees: Case Nos. 99CW89, 05CW180, and 13CW3016.

Legal description: The outlet works for Pond No. 3 will be located in the NW1/4 SW1/4 of Section 9, Township 4 South, Range 78

West of the 6th P.M. at a point located 1,600 feet North of the South line and 300 feet East of the West line. Practical Location: Location

by UTM Zone 13 Coordinates, NAD27 Zone 13, NAD27 Datum (USGS Quad Maps) North 4,396,600 East 402,470; Location by UTM

Zone 13 Coordinates, NAD27 Zone 13, NAD83 Datum, (GPS Receivers) North 4,396,808 East 402,423. This location is approximately

64 feet from the decreed location. Source: Triple Creek Ditch and Curran Ditch Enlargement, which has sources from the Middle Fork

Rock Creek and North Rock Creek. Appropriation date: September 25, 1992. Amount: 5.08 acre-feet, conditional. Uses: backup fire

protection for the Triple Creek Ranch, aesthetics and fish habitat. Claim for diligence: Applicant requests a finding of diligence for 5.08

acre-feet, conditional, for the Sanders Pond No. 3 for aesthetics, fish habitat and fire protection. Sixth Claim: Application for Finding

of Reasonable Diligence. Sanders Pond No. 4. Original decree: May 11, 1993, in Case No. 92CW355, in the District Court in and for

Water Division No. 5. Subsequent decrees: Case Nos. 99CW89, 05CW180, and 13CW3016. Legal description: The outlet works for

Pond No. 4 will be located in the NW1/4 SW1/4 of Section 9, Township 4 South, Range 78 West of the 6th P.M. at a point located 1,700

feet North of the South line and 450 feet East of the West line. Practical Location: Location by UTM Zone 13 Coordinates, NAD27

Zone 13, NAD27 Datum (USGS Quad Maps) North 4,396,627 East 402,545; Location by UTM Zone 13 Coordinates, NAD27 Zone

13, NAD83 Datum, (GPS Receivers) North 4,396,835 East 402,498. This location is approximately 47 feet from the decreed location.

Source: Triple Creek Ditch and Curran Ditch Enlargement, which has sources from the Middle Fork Rock Creek and North Rock Creek.

Appropriation date: September 25, 1992. Amount: 1.01 acre-feet, conditional. Uses: backup fire protection for the Triple Creek Ranch,

aesthetics and fish habitat. Claim for diligence: Applicant requests a finding of diligence for 1.01 acre-feet, conditional, for the Sanders

Pond No. 4 for aesthetics, fish habitat and fire protection. Landowners: For Curran Ditch Enlargement, Dillon Ranger District, United

States Forest Service, P.O. Box 620, Silverthorne, CO 80498, all remaining structures are located on land owned by the Applicant.

Diligence activities: The Application contains an exhibit depicting the location of the structures and a detailed outline of what has been

done by Applicant during the diligence period toward or for completion of the appropriation and application of the conditional water

rights to beneficial use as decreed, including expenditures which are on file with the Water Court (11 pp. with exhibits).











20CW3037 (80CW505, 86CW275, 93CW159, 99CW271, 06CW211 & 13CW3042) EAGLE COUNTY. WARREN E. WURTZ

EXTENSION DITCH. Application for Sexennial Finding of Reasonable Diligence. Applicant: Board of Water Works of Pueblo,

Colorado. Please send all correspondence, pleadings, or other court filings to Karl D. Ohlsen and Katrina B. Fiscella, Carlson, Hammond

& Paddock, L.L.C., 1900 N. Grant Street, Suite 1200, Denver, CO 80203. 2. Name of Structure: Warren E. Wurtz Extension Ditch. 3.

Describe conditional water rights: A. Date of original Decree: October 21, 1982, District Court, Water Division No. 5, Case No.

80CW505. Subsequent Decrees: Cases No. 80CW505, 86CW275, 93CW159, 99CW271, 06CW211 & 13CW3042. B. Location:

Headgate No. 1 is located on the right bank of Yoder Creek from which it derives its supply of water at a point whence the West quarter-

corner of Section 29, Township 7 South, Range 80 West of the 6th P.M. bears North 51 degrees, 25 minutes West a distance of 424.16

feet; Headgate No. 2 is located on the right bank of the East Fork of Yoder Creek from which it derives its supply of water at a point

whence the West quarter-corner of Section 29, Township 7 South, Range 80 West of the 6th P.M. bears North 53 degrees, 17 minutes

West a distance of 1,665.31 feet; Headgate No. 3 is located on the right bank of Rule Creek from which it derives its supply of water at

a point whence the West quarter-corner of Section 28, Township 7 South, Range 80 West of the 6th P.M. bears South 86 degrees, 19

minutes West a distance of 2,487.75 feet. C. Source: Yoder Creek, the East Fork of Yoder Creek, Rule Creek, and numerous small

springs and surface runoff of the terrain above the line of the Ditch, all tributary to the Eagle River. D. Appropriation Date: October 26,

1953. E. Amount: 100 c.f.s. total, of which 44 c.f.s. were decreed absolute in Cases No. 80CW505 and 86CW275, and 56 c.f.s. remain

conditional. F. Uses: The uses of the water are for municipal purposes, including, but without limiting the generality of the foregoing

term, domestic, manufacturing, power, mechanical, industrial, irrigation of lawns, trees, gardens and parks, sewage disposal, flushing

of sewers, street sprinkling and flushing thereof, and fire protection and storage for the aforesaid purposes. G. This Application does not

involve any new diversion or storage structure or a modification to any existing diversion or storage structure or storage pool. Thus, the

notice provision in C.R.S. § 37-92-302(2)(b)(II) does not apply. 4. Provide a detailed outline of what has been done toward completion

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or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures. A.

The Board operates a single unified and integrated municipal water supply system of which the Wurtz Extension Ditch is a part. The

Wurtz Extension Ditch has been constructed, has diverted, and now diverts water; the water diverted has been and is applied to beneficial

use in the Board’s municipal water system. As transmountain water, the Board has used and reused the water derived from the subject

water right, pursuant to C.R.S. § 37-82-106 and the water right decrees of the Board. B. During the diligence period in this case, the

Board has spent a substantial amount of money and devoted many thousands of man hours to the development, operation, maintenance,

and improvement of its single, unified, and integrated municipal water supply system. As a part of this overall effort, the Board retained

engineering consultants and attorneys to assist it in the acquisition, operation, maintenance, improvement, and protection of this system.

The Board also spent money on engineering and construction of improvements to its water supply collection, storage, and transmission

system. Water diverted by the Wurtz Extension Ditch was delivered to, stored, or exchanged to the Board’s system. During the Diligence

Period, the total amount spent by Pueblo Water for all of these purposes exceeded $220 million. C. In addition, during the Diligence

Period Pueblo Water filed applications for and completed several adjudications of water rights that are part of Pueblo Water’s unified

and integrated water supply system. This includes but is not limited to: (1) obtaining a finding of reasonable diligence in Case No.

17CW3020 (formerly Cases No. 93CW86, 04CW14 and 10CW79) (HARP), Water Division No. 2; (2) obtaining a finding of reasonable

diligence and making conditional rights absolute, in part, for the exchanges decreed in Case No. 13CW3044 (formerly Cases No.

01CW68, 94CW9and 84CW178), Water Division No. 2; (3) filing an application for finding of reasonable diligence and to make

additional rights absolute, in part, in Case No. 20CW3005 (formerly Cases No.13CW3044, 01CW68, 94CW9and 84CW178), Water

Division No. 2; (4) filing an application for and obtaining a finding of reasonable diligence in the sewered portion of the exchange and

reuse plans in Case No. 19CW3005 (formerly Cases No. 12CW87 and 86CW111A), Water Division No. 2; (5) obtaining a decree for

enlargement of Clear Creek Reservoir in Case No. 04CW130, Water Division No. 2; (6) obtaining a finding of reasonable diligence in

Case No. 14CW3022 (formerly Cases No. 01CW67 and 84CW177), Water Division No. 2; (7) obtaining a finding of reasonable

diligence in the non-sewered portion of the exchange and reuse plans in Case No. 13CW3043 (formerly Consolidated Cases No.

84CW177(B) and 86CW111(B)), Water Division No. 2; (8) filing an application for a finding of reasonable diligence in Case No.

20CW3004 (formerly Cases No. (13CW3043, 01CW80, 84CW177(B) (Non-Sewered Phase) and 86CW111(B) (Non-Sewered Phase)),

Water Division No. 2; and (9) obtaining a decree for a change of water rights in Case No. 12CW102, Water Division No. 2. Pueblo

Water also has acted to preserve and protect all of its water rights by filing statements of opposition to and participating in a number of

other judicial proceedings in Water Division 2 and Water Division No. 5. D. Finally, during the Diligence Period, in Cases No.

16CW3103 and 17CW3050, Pueblo Water filed applications and obtained decrees for a change of water right and for exchange related

to 5,488.368 shares of Bessemer Irrigating Ditch Company, which water rights Pueblo Water intends to include in Pueblo Water’s

unified and integrated water supply system. E. With particular regard to the Wurtz Extension Ditch, during the diligence period, the

Board has continued its efforts to maintain, repair, and improve the efficiency of the structure so that the complete appropriation may

be diverted and applied to beneficial use. In each year of the diligence period, the Board has continued its practice of snow removal,

cleaning, and general maintenance of the ditch in order to maintain the ditch’s carrying capacity and improve it by reducing leakage.

More particularly, the Board continues to seal portions of the ditch with bentonite clay to prevent and reduce leaks through rocky portions

of the ditch; plow snow from the ditch and the access road; clean rocks, trees, and other debris from the ditch, measuring flumes,

headgates, and waste gates; and conduct general maintenance on the ditch, including phreatophyte control. During the diligence period,

the Board has continued to divert water in priority under the water right for the decreed uses. During the diligence period, the Board has

expended $234,627 related to these activities. D. The work performed and actions taken by the Board during the Diligence Period

demonstrate the Board’s continuing intent to develop the conditional portion of the Wurtz Extension Ditch. The Board has met all

applicable standards in demonstrating reasonable diligence. WHEREFORE, the Board requests the Court to enter a Decree: 1.

Confirming that the Wurtz Extension Ditch has been at all times during the diligence period and continues to be part of the Board’s

integrated water supply system as contemplated by C.R.S. § 37-92-301(4)(b); and 2. Determining that the Board has demonstrated

reasonable diligence in the development of the 56 c.f.s. conditional portion of the Wurtz Extension Ditch originally decreed in Case No.

80CW505, continuing that conditional water right in good standing, and setting a date by which the Board must file a subsequent finding

of reasonable diligence.











20CW3038 SUMMIT COUNTY. ALLUVUM OF THE BLUE RIVER, TRIBUTARY OF THE COLORADO RIVER.

Application for Finding of Reasonable Diligence. Applicant: Phalanx Investments, LLC, c/o Balcomb & Green, P.C., P.O. Drawer 790,

Glenwood Springs, CO 81602; 970-945-6546. Summary of Application: The Applicant requests a finding of reasonable diligence in

the development of its cond. water rights in the Seldom Acres Well No. 2 and one-fourth interest in the Seldom Acres Exchange (“Subject

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Water Rights”). Original Decree: Case No. 92CW345, entered 7/19/1994, Dist. Court, Water Div. 5. Subsequent Decrees: Case No.

00CW123, entered 4/9/2001, Case No. 07CW23, entered 3/13/2007 and Case No. 13CW6064, entered 3/9/2014, Dist. Court, Water

Div. 5. Decree Info. for Underground Water Right: Seldom Acres Well No. 2: Located in the SW1/4 NW1/4, Sec. 6, T. 6 S., R. 77 W.

of the 6th P.M. a distance of 2000 ft. from the N. Sec. line and 480 ft. from the W. Sec. line of said Sec. 6. Source: Alluvium of the Blue

River. Depth: Approximately 32 ft. Date of Approp.: 12/31/1992. Use: In-house domestic use. Amt.: 15 gpm, cond., up to 0.39 acre ft.

per year. Decree Info. for Exchange: Seldom Acres Exchange. The Seldom Acres Exchange is operated by releasing water from Dillon

Reservoir (lower terminus) up the Blue River to Seldom Acres Well No. 2 (upper terminus). The high water line of the Dillon Reservoir

is located in the SW1/4 SE1/4, Sec. 31, T. 5 S., R. 77 W. of the 6th P.M., approximately 600 ft. from the S. Sec. line and 1,625 ft. from

the E. Sec. line of said Sec. 31 in Summit County, CO. Pursuant to an agreement between the City and County of Denver and Summit

County, dated 9/18/1985, at ¶6(b), up to 0.156 acre ft. of 100 acre ft. per year is released from Dillon Reservoir to augment out-of-

priority depletions resulting from the domestic water use in the Seldom Acres Subdivision. Source: Blue River. Date of Approp.:

3/16/1987. Use: Aug. of out-of-priority depletions resulting from the use of water in the Seldom Acres Subdivision. Amt.: 1.5 gpm., up

to 0.156 af per year. Remarks: Applicant is the owner of an undivided one-quarter interest in this cond. approp. right of exchange, the

interest at issue in this matter. Diligence Activities: In the six years preceding the filing of this Application, Applicant has diligently

pursued development of the Subject Water Rights. Examples of work done to establish diligence are described in the Application filed

with the Court. Applicant has no intent to abandon any of the Subject Water Rights. Integrated Water System: In Case No. 92CW345,

the Court recognized the Subject Water Rights as components of an integrated water supply for Applicant’s property and water supply

operation. “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). Map. A USGS topographic map showing the location of Seldom Acres Well No. 2 and the

approximate boundaries of Lot 2 on which the water will be used is attached as Exhibit A and incorporated herein by this reference.

Names and addresses of owners or reputed owners of the land upon which the Subject Water Rights are located: Applicant owns Lot 2

of Seldom Acres and Seldom Acres Well No. 2.











20CW3039 GRAND COUNTY. GROUNDWATER TRIB. TO FRASER RIVER, TRIB. TO COLORADO RIVER. Application

for Finding of Reasonable Diligence and to Make Cond. Water Rights Absolute, in Part. Applicant: Sunset Ridge Property Owners

Association, c/o Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602; 970-945-6546. Summary of Application:

The Applicant requests (1) a finding of diligence with respect to the cond. water rights awarded to the SRPOA Lot 1 Well, SRPOA Lot

2 Well, SRPOA Lot 3 Well, and SRPOA Lot 4 Well, and the cond. approp. right of exchange awarded for the SRPOA Tract E Exchange

and (2) confirmation that portions of the cond. water rights awarded to the SRPOA Lot 1 Well, SRPOA Lot 2 Well, SRPOA Lot 3 Well

and the Tract E Exchange have been made absolute. Descriptions of Cond. Underground Water Rights: Decree Information: Case No.

13CW3041 entered 3/9/2014, Dist. Court, Water Division No. 5. SRPOA Lot 1 Well Decreed Location: The decreed well location is

SE1/4 of NW1/4, Sec. 8, T. 1 S., R. 75 W., 6th P.M, 1,630 ft. from the N. Sec. line and 1,910 ft. from the W. Sec. line. UTM coordinates:

13 S 431181 m E 4425465 m N (NAD 83, Zone 13). The decreed location differs from the actual location; however, the well was

constructed within 200 ft. of the decreed location. The actual location is 13 S 431165 m E 4425509 m N. SRPOA Lot 2 Well Decreed

Location: The decreed well location is SE1/4 of NW1/4, Sec. 8, T. 1 S., R. 75 W., 6 th P.M, 1,410 ft. from the N. Sec. line and 1,690 ft.

from the W. Sec. line. UTM coordinates: 13 S 431114 m E 4425530 m N (NAD 83, Zone 13). The decreed location differs from the

permitted location and the actual location; however, the well was constructed within 200 ft. of the decreed and permitted locations. The

permitted location is 13 S 431114 m E 4425590. The actual location is 13 S 431121 m E 4425538 N. SRPOA Lot 3 Well Decreed

Location: The decreed well location is NE1/4 of NW1/4, Sec. 8, T. 1 S., R. 75 W., 6 th P.M, 1,220 ft. from the N. Sec. line and 1,520

ft. from the W. Sec. line. UTM coordinates: 13 S 431064 m E 4425590 m N (NAD 83, Zone 13). The decreed location differs from the

actual location; however, the well was constructed within 200 ft. of the decreed location. The actual location is 13 S 431076 m E 4425606

N. SRPOA Lot 4 Well Decreed Location: NE1/4 of NW1/4, Sec. 8, T. 1 S., R. 75 W., 6th P.M. 1,010 ft. from the N. Sec. line and 1,380

ft. from the W. Sec. line. UTM coordinates: 13 S 431020 m E 4425653 m N (NAD 83, Zone 13). Source: Groundwater trib. to Fraser

River, trib. to Colorado River. Date of Approp.: 10/30/2006. Amt.: 15 gpm, cond. for each well; 0.44 acre ft. per year, cond., for each

well. Uses: Dom. and irr. Dom.: In-house use in four single-family residences to be located, one each, on Lots 1, 2, 3 and 4 of Tract

E, Sunset Ridge Subdivision, Filing 2. Legal description of irrigated acreage: 1,500 square ft. of irr. per well, one on each of four lots,

Lots 1, 2, 3 and 4 of Tract E, Sunset Ridge Subdivision, Filing 2, Grand County, Colorado, which are located within the NW1/4, Sec.

8, T. 1 S., R. 75 W., 6th P.M, depicted on Exhibit A. Remarks: All four wells will operate pursuant to the plan for aug. decreed in Case

No. 13CW3041. Lots 1, 2, 3 and 4 of Tract E, Sunset Ridge Subdivision, Filing 2 are depicted on Exhibit A. SRPOA Lots 1–4 Wells

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are depicted on Exhibit A. Pursuant to C.R.S. § 37-90-137(2)(b)(II)(C), and Amended Policy 2011-2 (1/20/2012) of the Colorado

Division of Water Resources, well permits may be issued because the proposed wells will serve individual residential sites with pumping

rates that will not exceed 15 gpm. The uses claimed herein are for ordinary household purposes in single family dwellings and irr. on

each lot of less than 1,500 sq. ft. of home gardens and lawns. Description of Cond. Approp. Right of Exchange Decreed in Case No.

13CW3041: SRPOA Tract E Exchange. Location of Exchange: Upstream Terminus: The location at which the depletions from the

SRPOA Lot 1–4 Wells impact the Fraser River, which is located on the Fraser River at a point in the SE1/4, NE1/4, Sec. 7, T. 1 S., R.

75 W., 6th P.M., 1,200 ft. from the E. Sec. line and 2,110 ft. from the N. Sec. line, with coordinates of UTMx 430232 (Easting) and

UTMy 4425321 (Northing). Downstream Terminus: At the outlet of the Fraser Valley Downstream Reservoir, which is located on the

Fraser River whence the S.W. corner of Sec. 6, T. 1 S., R. 75 W., 6th P.M. bears S. 15° 5’ W. a distance of 3,240 ft. UTM coordinates:

13 S 429265 m E 4426922 m N (NAD 83, Zone 13). Date of Approp.: 8/30/2009. Amt.: 0.001 cfs, cond., 0.43 acre ft. per year. Uses:

Exchange for dom. and irr. uses. Remarks: This exchange replaces depletions from the SRPOA Lots 1–4 Wells described above pursuant

to the aug. plan decreed in Case No. 13CW3041. The plan for aug. includes an approp. right of exchange of the aug. water released

pursuant to Applicant’s interest in the Fraser Valley Downstream Reservoir, extending from the lower terminus described above to the

upper terminus described above. Applicant shall operate the exchange only when it is in priority. A list of diligence activities and

expenditures as evidence of reasonable diligence in the development of the subject cond. water rights is on file with the court. Integrated

Water Supply System: The Subject Water Rights are part of an integrated water supply for Applicant’s property as decreed in Case No.

13CW3041. “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 or the entire project or system.”

C.R.S. §37-92-301(4)(b). Claim to Confirm Absolute: Applicant has placed the SRPOA Lot 1 Well, SRPOA Lot 2 Well and SRPOA

Lot 3 Well and a portion of the Tract E Exchange cond. water rights to beneficial use for dom. and irr. uses as follows: SRPOA Lot 1

Well (Permit No. 80920-F) was completed on 11/28/2017 to a total depth of 300 ft. by Aztec Drilling Company. The Pump Installation

and Test Report indicates a 230-Volt, one horsepower pump was installed at a depth of 290 ft. on 4/25/2018. The set up was tested at a

rate of 10 gpm on the same day. 10 gpm is also indicated on the report as the design pumping rate at which the pump can produce.

Applicant requests that 10 gpm of the SRPOA Lot 1 Well be made absolute with 5 gpm remaining cond. SRPOA Lot 2 Well (Permit

No. 81244-F) was completed on 11/13/2017 to a total depth of 300 ft. by Aztec Drilling Company. The Pump Installation and Test

Report indicates a 230-volt, 1.5 horsepower pump was installed at a depth of 250 ft. on 5/14/2018. The setup was tested at a rate of 10

gpm on the same day. 10 gpm is also indicated on the report as the design pumping rate at which the pump can produce. Applicant

requests that 10 gpm of the SRPOA Lot 2 Well be made absolute with 5 gpm remaining cond. SRPOA Lot 3 Well (Permit No. 80521-

F) was completed on 6/19/2017 to a total depth of 400 ft. by James Drilling Company. The Pump Installation and Test Report indicates

a 1.5 horsepower pump was installed at a depth of 370 ft. on 8/22/2017. The setup was tested at a rate of 15 gpm on the same day. 15

gpm is also indicated on the report as the design pumping rate at which the pump can produce. Applicant requests that the SRPOA Lot

3 Well be made absolute in its entirety in the Amt. of 15 gpm. SRPOA Lots 1, 2 and 3 Wells are connected to houses that were

constructed during the diligence period and operate to supply the houses for domestic and irrigation uses. SRPOA Tract E Exchange

has been put to beneficial use in the Amt. of 0.001 cfs. (0.416 acre ft.). Applicant requests that 0.416 acre ft. of the SRPOA Tract E

Exchange be made absolute with 0.014 acre ft. remaining cond. Remarks: Applicant obtained an engineering report supporting the

claims made herein with documentation including well permits, well completion reports, pump installations reports, meter readings and

pond releases. 8 pgs.











20CW3040 MESA AND GARFIELD COUNTIES. COLORADO RIVER. CASCADE CREEK, TRIB. TO CONN CREEK,

TRIB. TO ROAN CREEK, TRIB. TO THE COLORADO RIVER. Application for Finding of Reasonable Diligence. Applicant:

Laramie Energy, LLC, c/o David C. Hallford and Sara M. Dunn, Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO

81602; 970-945-6546. The following information applies to all structures described herein: Orig. Decree: Civil Action 6404, Dist. Court

of Garfield County, entered on 11/10/1970. Subsequent Diligence: 3/14/1973, Case No. W-655; 4/21/1977, Case No. W-655-76;

12/29/1980, Case No. 80CW160; 10/18/1984, Case No. 84CW95; 9/14/1989, Case No. 88CW180; 10/13/1998, Case No. 95CW201;

8/20/2007, Case No. 05CW239; 3/16/2014, Case No. 13CW3036, all in Dist. Court, Water Division No. 5. Uses: As confirmed in Case

No. 17CW3172, ind., including ind. uses associated with oil and gas drilling and production, and specifically including dust suppression,

construction and operation of facilities supporting natural gas production, gas well drilling and gas well completions (hydraulic

fracturing), reclamation/revegetation, and fire prot., dom., irr., power, mining, retorting, and refining relating to the production of shale

oil and its by-products, including maintenance of a general camp and community in and adjacent to the oil shale lands of Applicant lying

in Western Colorado. Structure: Cities Service Pipe Line and Pumping Plant. This structure was decreed a Conditional Priority in Water

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Dist. 70, now part of Water Division No. 5, the structure being No. 118, with Conditional Priority No. 188. Legal Description: The orig.

pt. of diversion for this water right decreed in Civil Action 6404 was described as being located on the right bank of the Colorado River

near DeBeque, Colorado, whence the W. Quarter Corner of Sec. 27, T. 8 S., R. 97W., 6 th P.M. bears S. 79°29’W. 1,720 ft. in Mesa

County. By decree dated 11/1/1976 entered in Case No. W-2969, the pt. of diversion was changed to the right bank of the Colorado

River at a pt. whence the NE Corner of Sec. 28, T. 8 S., R. 97 W., 6th PM bears N. 18°59’32” E. 5,569.92 ft. For ease of reference, this

pt. of diversion can also be described as being located at a pt. 25 ft. from the S. Sec. line and 1,782 ft. from the E. Sec. line of Sec. 28,

T. 8 S., R. 97 W., 6th P.M. By Decree dated 10/31/1984 entered Case No. 82CW367, and confirmed by Decree dated 8/31/2017 in Case

No. 17CW3172, two alt. pts. of diversion were decreed for this water right. The first alt. pt. of diversion is located at a pt. on the right

bank of the Colorado River from whence the SE Corner of Sec. 28, T. 8 S., R. 97 W., 6 th P.M. bears S. 33°45’ E., 1,212 ft. For ease of

reference, this pt. of diversion can also be described as being located at a pt. 999 ft. from the S. Sec. Line and 681 ft. from the E. Sec.

Line of Sec. 28, T. 8 S., R. 97 W. 6th P.M. The second alt. pt. of diversion is located at the headgate of the Larkin Ditch at a pt. on the

S. bank of the Colorado River whence the SE Corner of the SW1/4 of Sec. 27, T. 8 S., R. 97 W., 6 th PM bears S. 02°45’ W. a distance

of 2,830 ft. For ease of reference, this pt. of diversion can also be described as being located at a pt. 2,546 ft. from the N. Sec. Line and

2,557 ft. from the E. Sec. Line of Sec. 27, T. 8 S., R. 97 W., 6th P.M. Source: Colorado River. Date of Initiation of Approp.: 8/2/1951.

Amt: 100 c.f.s., cond. Names and address(es) of owner(s) 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: Chevron USA, Inc. P.O Box 285, Houston, TX 77001-0285 and Margaret A.

Prather, P.O. Box 242. DeBeque. CO 81630-0242. Structure: Cascade Canyon Pipeline. This structure was decreed a Conditional

Priority in Water Dist. No. 70, now part of Water Division No. 5, the structure being No. 129, with Conditional Priority No. 199. Legal

Description: The pt. of diversion is on the right bank of Cascade Creek whence the N. Quarter Corner of Sec. 10, T. 6 S., R. 97 W., 6 th

P.M. bears N. 41°42' E. a distance of 4,646 ft. For ease of reference, this pt. of diversion can also be described as being located at a pt.

1,806 ft. from the S. Sec. Line and 450 ft. from the E. Sec. Line of Sec. 9, T. 6 S., R. 97 W. of the 6 th P.M. Source: Cascade Creek, trib.

to Conn Creek, trib. to Roan Creek, trib. to the Colorado River. Date of Initiation of Approp.: 8/25/1966. Amt.: 10 c.f.s., cond. Structure:

Cascade Canyon Reservoir. This structure was decreed a Conditional Priority in Water Dist. No. 70, now part of Water Division No. 5,

the structure being No. 130 with Conditional Priority No. 200. Legal Description: The initial pt. of survey of the high water line of the

reservoir is located at a pt. whence the N. Quarter Corner of Sec. 10, T. 6 S., R. 97 W., 6th P.M. bears N. 39°35' E. a distance of 4,484.7

ft. For ease of reference, this pt. can also be described as being located at a pt. 1,820 ft. from the S. Sec. Line and 216 ft. from the E.

Sec. Line of Sec. 9, T. 6 S., R. 97 W., 6th P.M. Source: Cascade Creek, trib. to Conn Creek, trib. to Roan Creek, trib. to the Colorado

River. An alt. source of supply is the Colorado River through the Cities Service Pipe Line and Pumping Plant. Date of Initiation of

Approp.: 8/25/1966. Amt.: 619.47 AF, cond., together with the right to refill whenever there is storage capacity and water available.

Structure: Conn Creek Pipe Line. This structure was decreed a Conditional Priority in Water Dist. No. 70, now part of Water Division

No. 5, the structure being No. 131 with Conditional Priority No. 201. Legal Description: The pt. of diversion is on the left bank of Conn

Creek whence the N.W. Corner of Sec. 17, T. 6 S., R. 97 W., 6th P.M. bears N. 88°04'37" W. a distance of 1,181.81 ft. For ease of

reference, this pt. of diversion can also be described as being located at a pt. 37 ft. from the N. Sec. Line and 1,181 ft. from the W. Sec.

Line of Sec. 17, T. 6 S., R. 97 W., 6th P.M. Source: Conn Creek, trib. to Roan Creek, trib. to the Colorado River. Date of Initiation of

Approp.: 8/25/1966. Amt.: 10 c.f.s., cond. Structure: Conn Creek Reservoir. This structure was decreed a Conditional Priority in Water

Dist. No. 70, now part of Water Division No. 5, the structure being No. 132 with Conditional Priority No. 202. Legal Description: The

initial pt. of survey of the high water line of the reservoir is located at a pt. whence the N.W. Corner of Sec. 17, T. 6 S., R. 97 W., 6th

P.M. bears S. 89°15'29" W. a distance of 1,004.93 ft. For ease of reference, this pt. can also be described as being located at a pt. 15 ft.

from the S. Sec. Line and 1,005 ft. from the W. Sec. Line of Sec. 8, T. 6 S., R. 97 W., 6th P.M. Source: Conn Creek, trib. to Roan Creek,

trib. to the Colorado River. An alt. source of supply is the Colorado River through the Cities Service Pipe Line and Pumping Plant.

Date of Initiation of Approp.: 8/25/1966. Amt.: 422.75 AF, cond., together with the right to refill whenever there is storage capacity and

water available. Applicant owns the land upon which any new or existing diversion or storage structure, or modification of any existing

diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing

storage pool pursuant to the conditional rights decreed to the Cascade Canyon Pipeline, Cascade Canyon Reservoir, Conn Creek Pipe

Line and Conn Creek Reservoir. A list of representative diligence activities and expenditures evidencing diligence in the development

of the subject conditional water rights is on file with this Court. 11 pgs.











20CW3041 Applicant, the City and County of Denver, acting by and through its Board of Water Commissioners (“Denver Water” or

“Applicant”), 1600 West 12th Avenue, Denver, Colorado 80204, Telephone: 303-628-6460. Jessica R. Brody, General Counsel, Casey

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S. Funk, Daniel J. Arnold, James M. Wittler, Andrew J. Hill. APPLICATION FOR FINDING OF REASONABLE DILIGENCE,

CONCERNING THE APPLICATION FOR WATER RIGHTS OF THE CITY AND COUNTY OF DENVER ACTING BY AND

THROUGH ITS BOARD OF WATER COMMISSIONERS IN THE SOUTH PLATTE RIVER AND ITS TRIBUTARIES IN

JEFFERSON COUNTY, Application twenty-three (23) pages. 2. Name of Structure: A. Darling Creek Enlargement and Extension of

the Williams Fork Diversion Project. B.Williams Fork Power Conduit. C. Moffat Tunnel Collection System. 3. Description of

Conditional Water Right and Information From Previous Decree: A. Date of Original Decree: November 7, 1974, nunc pro tunc as

of May 30, 1972, Civil Action 1430, GRAND COUNTY District Court. B.Subsequent Decrees Awarding Findings of Diligence: (1)

Date of Decree: April 29, 1982, Case No. W-3757-78, Court: Water Division No. 5 (2) Date of Decree: February 8, 1984, Case No.

82CW127, Court: Water Division No. 5 (3) Date of Decree: May 26, 1988, Case No. 86CW129, Court: Water Division No. 5 (4) Date

of Decree: October 7, 1992, Case No. 90CW116, Court: Water Division No. 5 (5) Date of Decree: February 2, 2001, Case No. 98CW189,

Court: Water Division No. 5 (6) Date of Decree: March 4, 2014, Case No. 07CW029, Court: Water Division No. 5 C. Points of Diversion

and Places of Storage: (1) Darling Creek Enlargement and Extension of the Williams Fork Diversion Project: Locations of the several

points of diversion of the canals of the Darling Creek Enlargement and Extension of the Williams Fork Diversion Project are as follows:

(a) Points of Diversion: (i) West Branch of Darling Creek: a point on the South bank of the West branch of Darling Creek whence the

southeast corner of Section 8, Township 3 South, Range 77 West, of the 6th P.M., bears South 39º27’ West a distance of 11,939 feet.

(ii) The North Fork of Darling Creek: a point on the North bank of the North Fork of Darling Creek whence the southeast corner of

Section 8, Township 3 South, Range 77 West, of the 6th P.M., bears South 49º53’ West a distance of 16,640 feet. (iii) The South Fork

of Darling Creek: a point on the South bank of the South Fork of Darling Creek whence the southeast corner of Section 8, Township 3

South, Range 77 West, of the 6th P.M. bears South 59º39’ West a distance of 15,368 feet. (iv) Eleventh Creek: a point on the South

bank of Eleventh Creek, whence the southeast corner of Section 8, Township 3 South, Range 77 West, of the 6th P.M. bears South

67º16’ West a distance of 12,705 feet. (v) Those points along the unnamed streams described under sources where the project facilities

intersect said streams. (b) The places of storage in Water Division 1 are as follows: (i) Gross Reservoir: a dam constructed across the

bed of South Boulder Creek in Boulder County, Colorado located in Tracts 48 and 49, Township 1 South, Range 71 West, of the 6th

P.M. (where the North one-half (N1/2) of the Southeast quarter (SE1/4) of Section 20, Township 1 South, Range 71 West, the 6th P.M.

would be located by ordinary survey practices), and creates a reservoir covering parts of Tracts 47, 48, 49, 44, 45, 63, 107, 108, 109,

110, the South half (S1/2) of the South half (S1/2) of Section 18, Section 19, Section 30, the South half (S1/2) of the Northeast quarter

(NE1/4) of Section 25, and the East half (E1/2) of the Southeast quarter (SE1/4) of Section 24, all in Township 1 South, Range 71 West,

of the 6th P.M. in Boulder County, Colorado. (ii) Ralston Reservoir: the dam for which is located on or near the East side of the Northeast

quarter (NE1/4) of the Southeast quarter (SE1/4) of Section 32, Township 2 South, Range 70 West, of the 6th P.M. and creates a reservoir

which covers parts of Section 32, Township 2 South, Range 70 West, of the 6th P.M., and Sections 5 and 6, Township 3 South, Range

70 West of the 6th P.M., in Jefferson County, Colorado. (iii) Marston Reservoir: the dam for which is located in Jefferson County,

Colorado in Township 5 South, Range 69 West, of the 6th P.M. (iv) Two Forks Reservoir: a dam to be constructed across the South

Platte River at one of the following places: (1) a dam located in Section 30, Township 7 South, Range 69 West, of the 6th P.M. in the

bed of the South Platte River. (1) a dam to be located in Section 1, Township 8 South, Range 70 West, of the 6th P.M. across the bed of

the South Fork of the South Platte River. (v) Cheesman Reservoir: is formed by a dam across the South Fork of the South Platte River

located in the Southwest quarter (SW1/4) of Section 6, Township 10 South, Range 70 West, of the 6th P.M., in Douglas and Jefferson

Counties. (vi) Eleven Mile Canõn Reservoir: located in the stream above an arch-type dam across the bed of the South Fork of the South

Platte River located near the center of the Southwest quarter (SW1/4) of Section 20, Township 13 South, Range 72 West, of the 6th

P.M., in Park County, Colorado. (vii) Antero Reservoir: located in the stream above a dam across the bed of the South Fork of the South

Platte River in Sections 21 and 28, Township 12 South, Range 76 West, of the 6th P.M., in Park County, Colorado. (2) Williams Fork

Power Conduit: The point of diversion for the Williams Fork Power Conduit is located in the Williams Fork Reservoir Dam, the

Southeast end of the dam which is at a point whence Southeast corner of Section 23, Township 1 North, Range 79 West, of the 6th P.M.

bears South 24º53’ East a distance of 2,175 feet. (3) Moffat Tunnel Collection System: (a) Points of Diversion: i. Meadow Creek: a

point on the South bank of said creek from which point the Northwest corner of Section 15, Township 1 North, Range 75 West, of the

6th P.M., bears North 44°14.2' West a distance of 2,689.6 feet. ii. Trail Creek: a point on the South bank of said creek from which point

the Southeast corner of Section 15, Township 1 North, Range 75 West, of the 6th P.M., bears South 60°26.5' East a distance of 1,149.3

feet. iii. Hurd Creek: a point on the South bank of said creek from which point the Southwest corner of Section 26, Township 1 North,

Range 75 West, of the 6th P.M., bears South 83°08.4' West a distance of 2,105.5 feet. iv. Hamilton Creek: a point on the South bank of

said creek from which point the Northeast corner of Section 2, Township 1 South, Range 75 West, of the 6th P.M., bears North 76°53.1'

East a distance of 2,642.8 feet. v. Cabin Creek: a point on the North bank of said creek from which point the Northeast corner of Section

2, Township 1 South, Range 75 West, of the 6th P.M., bears North 21°29.2' East a distance of 4,930.4 feet. vi. Little Cabin Creek: a

point on the South bank of said creek from which point the Northeast corner of Section 11, Township 1 South, Range 75 West, of the

6th P.M., bears North 20°27.5' East a distance of 2,580.4 feet. vii. Beaver Creek: a point on the North bank of said creek from which

point the Southeast corner of Section 14, Township 1 South, Range 75 West, of the 6th P.M., bears South 7°38.3' East a distance of

2,633.4 feet. (b) Places of Storage in Water Division No. 5: i. Meadow Creek Reservoir: a dam constructed across Meadow Creek, the

right abutment of which is at a point from which the Northwest corner of Section 14, Township 1 North, Range 75 West, 6th P.M., bears

North 84°09.1' West a distance of 4,226.1 feet. ii. Cabin Creek Reservoir: a dam to be constructed across Cabin Creek, the right abutment

of which is at point from which the Northeast corner of Section 2, Township 1 South, Range 75 West, 6th P.M., bears North 17°21' East

a distance of 4,517.8 feet. (c) Places of storage in Water Division No. 1: i. Gross Reservoir: a dam constructed across the bed of South

Boulder Creek in Boulder County, Colorado located in Tracts 48 and 49, Township 1 South, Range 71 West, of the 6th P.M. (where the

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North half (N1/2) of the Southeast quarter (SE1/4) of Section 20, Township 1 South, Range 71 West, the 6th P.M., would be located by

ordinary survey practices) and creates a reservoir covering parts of Tracts 47,48, 49, 44, 45, 63, 107, 108, 109, 110, the South half (S1/2)

of the South half (S1/2) of Section 18, Section 19, Section 30, the South half (S1/2) of the Northeast quarter (NE1/4) of Section 25, and

the East half (E1/2) of the Southeast quarter (SE 1/4) of Section 24, all in Township 1 South, Range 71 West, of the 6th P.M. in Boulder

County, Colorado. ii. Ralston Reservoir: the dam for which is located on or near the East side of the Northeast quarter (NE1/4) of the

Southeast quarter (SE1/4) of Section 32, Township 2 South, Range 70 West, of the 6th P.M., and creates a reservoir which covers parts

of Section 32, Township 2 South, Range 70 West, 6th P.M., in Sections 5 and 6, Township 3 South, Range 70 West, of the 6th P.M., in

Jefferson County, Colorado. iii. Marston Reservoir: the dam for which is located in Jefferson County, Colorado in Township 5 South,

Range 69 West, of the 6th P.M. iv. Two Forks Reservoir: a dam to be constructed across the South Platte River at one of the following

places: (1) a dam located in Section 30, Township 7 South, Range 69 West, 6th P.M., in the bed of the South Platte River; or (2) a dam

to be located in Section 1, Township 8 South, Range 70 West, of the 6th P.M., across the bed of the South Fork of the South Platte River.

v. Cheesman Reservoir: is formed by a dam across the South Fork of the South Platte River located in the Southwest quarter (SW1/4)

of Section 6, Township 10 South, Range 70 West, 6th P.M., in Douglas and Jefferson Counties. vi. Eleven Mile Canõn Reservoir: located

in the stream above an arch-type dam across the bed of the South Fork of the South Platte River located near the center of the Southwest

quarter (SW1/4) of Section 20, Township 13 South, Range 72 West, of the 6th P.M., in Park County, Colorado. vii. Antero Reservoir:

located in the stream above a dam across the bed of the South Fork of the South Platte River in Sections 21 and 28, Township 12 South,

Range 76 West, 6th P.M., in Park County, Colorado. D. Source: (1) Darling Creek Enlargement and Extension of the Williams Fork

Diversion Project: West Branch of Darling Creek, North Fork of Darling Creek, South Fork of Darling Creek, Eleventh Creek and

tributary and intervening tributary drainage thereto and unnamed streams between those streams which are named and the point of

connection of the system with Claimant's present facilities at McQueary Creek. (2) Williams Fork River. (3) Moffat Tunnel Collection

System: Tributaries of the Fraser River and intervening drainage thereto. E. Appropriation Dates: (1) Darling Creek Enlargement and

Extension of the Williams Fork Diversion Project: August 26, 1953 (2) Williams Fork Reservoir Power Conduit: October 9, 1956 (3)

Moffat Tunnel Collection System: August 30, 1963 F. Amount: (1) Darling Creek Enlargement and Extension of the Williams Fork

Diversion Project: (a) For direct and immediate use from: West Branch Darling Creek: 5cfs, North Fork of Darling Creek: 25cfs, South

Fork of Darling Creek: 25cfs, Eleventh Creek and tributary drainage: 35 cfs, Total: 90 cfs, conditional (b) For Storage for later use, the

following amounts in: Gross Reservoir: 113,078 acre-feet, Ralston Reservoir: 12,758 acre-feet, Marston Reservoir: 19,800 acre-feet,

Two Forks Reservoir: 600,000 acre-feet, Cheesman Reservoir: 79,000 acre-feet, Eleven Mile Canõn Reservoir: 97,779 acre-feet, Antero

Reservoir: 85,564 acre-feet (2) Williams Fork Reservoir Power Conduit. For direct and immediate use: 105 cfs, conditional, 295 cfs,

absolute, 400 cfs, total (3) Moffat Tunnel Collection System for direct and immediate use. (a) For direct and immediate use from: 100

cfs, conditional. (b) For storage and later use, the following amounts: Meadow Creek Reservoir: 5,100 acre-feet, Cabin Creek Reservoir:

4,250 acre-feet, Gross Reservoir: 113, 078 acre-feet, Ralston Reservoir: 12,758 acre-feet, Marston Reservoir: 19,800 acre-feet, Two

Forks Reservoir: 600,000 acre-feet, Cheesman Reservoir: 79,000 acre-feet, Eleven Mile Canõn Reservoir: 81,917 acre-feet, Antero

Reservoir: 85,564 acre-feet G. Use: (1) Darling Creek Enlargement and Extension of the Williams Fork Diversion Project: All municipal

uses, including domestic use, mechanical use, manufacturing use, generation of electric power, power generally, fire protection, use for

sewage treatment, street sprinkling, watering of parks, lawns and grounds, the maintaining of adequate storage reserves, irrigation,

exchange, replacement, and the adjustment and regulation of the units of the Denver Municipal Water System within themselves and

with other water users. (2)Williams Fork Reservoir Power Conduit: For the mechanical purpose of generating electric energy, and in

part as an adjunct to additional uses, through exchange for the following purposes: All municipal uses, including domestic use,

mechanical use, manufacturing use, generation of electric power, power generally, fire protection, sewage treatment, street sprinkling,

watering of parks, lawns and grass, maintaining of adequate storage reserves, irrigation, replacement and the adjustment and regulation

of the units of the Denver Municipal Water System within themselves and with other water users. (3) Moffat Tunnel Collection System:

All municipal uses, including domestic use, mechanical use, manufacturing use, generation of electric power, power generally, fire

protection, use for sewage treatment, street sprinkling, watering of parks, lawns and grounds, the maintaining of adequate storage

reserves, irrigation, exchange, replacement and the adjustment and regulation of the units of the Denver Municipal Water System within

themselves and with other water users. CLAIM FOR FINDING OF REASONABLE DILIGENCE 4. Diligence Activities. The

following activities describe Denver Water’s steady application of effort to complete the appropriation in a reasonably expedient and

efficient manner under all the facts and circumstances: A.Amounts Expended: Paragraphs 4.B through 4.J below describes Denver

Water’s effort to maintain and fully develop the subject water rights, which will address a system imbalance between the north and south

portions of Denver Water’s collection system. Over the last diligence period, Denver Water has spent at least $92,000,000 on work

within the north portion of its collection system. These projects, which are further described below, allow for greater system-wide

reliability and operational resilience. B.The following activities describe work in the Williams Fork Collection System (“WFCS”) which

is completed in furtherance of maintaining completed segments of the Williams Fork Diversion Project and fully developing the Darling

Creek Enlargement and Extension of the Williams Fork Diversion Project: (1) Since 2014, Denver Water has maintained a water use

agreement to allow usage of the Big Lake Ditch water for Ranching within the WFCS. During this time, Denver Water has entered into

an Intergovernmental Agreement (“IGA”) with Grand County and participated in a joint study to determine how to maintain the historic

agricultural use of the Big Lake Ditch so as to maximize the environmental benefits, while also preserving yield to Denver Water. The

total cost of this study was approximately $255,000. (2) In 2014, Ecological Resources Consultants, Inc. provided assistance with stream

restoration assessment, design, and cost estimates for Bobtail Creek in the WFCS. The total project cost was approximately $2,100. (3)

Denver Water engages in a cooperative stream gaging program with the United States Geological Survey of which the WFCS is a part.

The total cost during the diligence period was approximately $244,000. (4) In 2015, Ecological Resources Consultants, Inc. provided

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preliminary cost and design for a fish barrier for the Williams Fork River in the upper WFCS. The total project cost was approximately

$6,000. (5) In 2018, Denver Water entered into a shared funding agreement with Northern Colorado Water Conservancy District, the

Colorado River Water Conservation District, and the Colorado River Headwaters Chapter of Colorado Trout Unlimited for

macroinvertebrate monitoring as part of the Grand County Stream Management Plan, which includes the Williams Fork River. Denver

Water’s contribution to this effort was approximately $3,200. (6) In 2018, GEI Consultants, Inc. completed a study of alternatives for

determining the number of Greenback Lineage Cutthroat Trout entrained in Denver Water diversions. The total project cost was

approximately $61,000. (7) In 2019, InStream Fisheries Research, Inc. completed a study to count the number of Greenback Lineage

Cutthroat Trout entrained in the Williams Fork Diversion Project, with the overall goal to determine the number entrained in Denver

Water’s collection system. The total project cost was approximately $9,000. (8) In 2019, Denver Water entered into an agreement with

Learning By Doing, Inc. to design and implement an Aquatic Resource Monitoring Plan in the Colorado, Fraser, and Williams Fork

River Basins. C. The following paragraphs describe work completed in furtherance of maintaining the Williams Fork Dam and Reservoir

and fully develop hydrogeneration capabilities of the Williams Fork Power Conduit: (1) Denver Water completed annual operations and

maintenance including annual dam safety inspections with State Engineer’s Office (“SEO”) and Federal Energy Regulatory Commission

(“FERC”), drill of the Emergency Action Plan, and survey of the dam for movement. (2) In 2014, Brown & Caldwell, Inc. provided

engineering services for Williams Fork Dam and Reservoir FERC Operations & Maintenance Manual preparation. The total project cost

was approximately $59,000. (3) In 2014, and again in 2016, Riverside Technology provided analyses of potential climate change impacts

at various locations within the South Platte and Colorado River basins, specifically at Williams Fork Reservoir. The total project cost

was approximately $29,000. (4) In 2014, Denver Water entered into an IGA with Colorado Parks and Wildlife for aquatic nuisance

species inspections at Williams Fork and Antero Reservoirs. The total project cost was approximately $200,000. (5) In 2015, HDR

Engineering, Inc. provided engineering services for the 2015 Emergency Action Plan Inundation Mapping for Williams Fork Dam. The

total project cost was approximately $39,000. (6) In 2015, Gannett Fleming, Inc. provided support services regarding the 2013 FERC

Consultant Safety Inspection Report for Williams Fork Dam. The total project cost was approximately $15,000. (7) In 2016, Gannett

Fleming, Inc. provided engineering services for revised seismic structural analyses for Williams Fork Dam. The total project cost was

approximately $151,000. (8) In 2016, Top Notch Fence, LLC installed approximately a mile of wildlife friendly fencing on Denver

Water property at Williams Fork Reservoir. The total cost was approximately $18,000. (9) In 2017, Tri-State Generation & Transmission

Association entered into a power purchase agreement with Denver Water to purchase hydroelectric power generated at Williams Fork

Reservoir. To allow for transmission of the power generated at Williams Fork Reservoir, an Interconnection Agreement was obtained

with Mountain Parks Electric, Inc. (10) In 2017, ASI Marine LP conducted a remotely operated vehicle inspection of the penstock gate

and hydraulic cylinder of the outlet works slide gate at Williams Fork Dam. The total project cost was approximately $28,000. (11)

In 2017, Gracon LLC refurbished one of the hydropower units at Williams Fork Dam and upgraded the supporting equipment for the

turbine and generator. Additionally, the penstock gate was completely refurbished. The total project cost was approximately $2,275,000.

(12) In 2018, Gannet Fleming, Inc. provided engineering services to prepare the 11th Consultant Safety Inspection Report and the

Supporting Technical Information Document for the Williams Fork Dam. The total project cost was approximately $87,000. (13) In

2018, ERO Resources Corporation completed a cultural resource survey to identify sites of historic value within the reaches of the

Williams Fork River identified for stream restoration work. Additionally, an evaluation of the potential impact to endangered species

within the stream reaches was conducted. The total project cost was approximately $37,000. (14) Starting in 2018, Tezak Heavy

Equipment Company, Inc. began stream restoration work above and below Williams Fork Reservoir to restore aquatic resource functions

and habitat complexity to the two reaches of the river. The total project cost was approximately $984,000. (15) In 2019, Denver Water

entered into an IGA with Colorado Parks and Wildlife (“CPW”) to relocate a portion of the stream restoration along the Williams Fork

River further downstream to the Kemp Breeze State Wildlife Area. This relocation allows CPW to meet its management objective of

improving the trout fishery at this location while still meeting Denver Water goals. (16) In 2019, DWCA Environmental Consultants

completed a cultural resource survey of the relocated reach of the Williams Fork River selected for stream restoration work. The total

project cost was approximately $10,000. (17) In 2019, Shannon & Wilson, Inc. completed rockfall hazard assessment at 14 Denver

Water sites. Three locations along Williams Fork Dam and along the main access road were evaluated. The total project cost was

approximately $86,000. (18)In 2019, Gannett Fleming, Inc. provided engineering services to prepare the Spillway Seismic Pier

Evaluation for Williams Fork Dam. The total project cost was approximately $25,000. D. The following paragraphs describe work

completed in furtherance of maintaining and fully developing the Moffat Tunnel Collection System, which also includes the Fraser

River Diversion Project (“FRDP”), the Williams Fork Diversion Project, and the Cabin-Meadow Creek System: (1)Denver Water

completed annual operations and maintenance of Meadow Creek Dam and Reservoir including annual dam safety inspections with State

Engineer’s Office (“SEO”), drill of the Emergency Action Plan, and survey of the dam for movement. (2) In 2014, Johnson

Environmental Consulting completed a wetland delineation report prior to construction projects along Siphon No. 1 and the Vazquez

Canal of the FRDP. The total project cost was approximately $85,000. (3) In 2015, Western Summit Constructors, Inc. provided

construction management services for the design phase of the replacement of the Jim Creek Siphon and Siphon No. 1 of the FRDP. The

total project cost was approximately $179,000. (4) In 2015, Metcalf Archaeological Consultants, Inc. completed a Cultural Resource

Inventory and report for proposed construction on the Forest Service Road 128 corridor as a part of the Jim Creek Siphon replacement.

The total project cost was approximately $19,000. (5) In 2015, Alden Research Laboratory, Inc. provided structural engineering design

support for the Siphon No. 1 replacement project. The total project cost was approximately $85,000. (6) In 2015, Kumar & Associates,

Inc. provided geotechnical engineering support for the Siphon No. 1 replacement project. (7) In 2016, Burns & McDonnell Engineering

Co, Inc. provided construction inspection services for the Siphon No. 1 replacement, Vasquez Canal Piping, and the Jim Creek Diversion

pipeline projects. The total project cost was approximately $131,000. (8) In 2016, Garney Companies, Inc. completed demolition of

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approximately 255 feet of concrete-lined and covered Vasquez Canal and replaced with 72-inch diameter steel pipe. The total project

cost was approximately $1,642,000. (9) In 2016, Ames Construction, Inc. completed demolition of concrete-lined and covered Vasquez

Canal and replaced with 114-inch diameter reinforced concrete pipe. The total project cost was approximately $2,206,000. (10) In 2018,

Western Summit completed rehabilitation of the Jim Creek Siphon in the FRDP. The total project cost was approximately $3,142,000.

(11) In 2018, HDR Engineering, Inc. provided design services for the replacement of an existing 72-inch diameter aerial pipe over the

Fraser River that connects to the Moffat Tunnel. The total project cost was approximately $746,000. (12)In 2018, Jacobs Engineering

Group, Inc. provided construction inspection services for the Jim Creek Siphon rehabilitation project. The total project cost was

approximately $75,000. (13)In 2019, Ames Construction, Inc. completed replacement of 380 feet of 72-inch diameter pipe across the

Fraser River. The total project cost was approximately $3,970,000. (14) In 2019, HDR Engineering, Inc. completed design of the Ranch

Creek Canal improvements, which includes piping of 4,400 feet of unlined canal, transition structures, stream intakes and bypasses, and

a new measuring flume. The total project cost was approximately $523,000. (15)In 2019, Denver Water entered into an agreement with

the Winter Park Recreational Association, Intrawest/Winter Park Operations Corporation, and Intrawest/Winter Park Building Six-

Vintage Development Company, LLC regarding replacement of the Siphon No. 1 crossing at the Fraser River. (16) In 2019, Metcalf

Archaeological Consultants, Inc. provided cultural resources services for the Siphon No. 1 replacement project. The total project cost

was approximately $14,000. E. The following paragraphs describe work completed in furtherance of maintaining and fully developing

Gross Reservoir, which stores water delivered from the Williams Fork Diversion Project and Moffat Tunnel Collection System through

the Moffat Tunnel: (1)Denver Water completed annual operations and maintenance including annual dam safety inspections with SEO

and FERC, drill of the Emergency Action Plan, and survey of the dam for movement. (2) In 2015, Alliant Engineering designed roadway

improvements and traffic control plans for the expansion of Gross Reservoir. The total project cost is approximately $123,000. (3) In

2015, Shannon & Wilson, Inc. provided geotechnical services for Gross Reservoir field explorations. The total project cost was

approximately $96,000. (4) In 2016, MWH Americas, Inc. performed seismic hazard assessment for Gross Dam. The total project cost

was approximately $118,000. (5) In 2016, Steel-FAB, Inc. furnished fixed-cone valves used to discharge water from Gross Reservoir

into South Boulder Creek for a total cost of approximately $124,000. (6) In 2016, MWH Americas, Inc. provided engineering services

for development of site-specific probable maximum precipitation and inflow design flood as part of the preliminary engineering for

Gross Reservoir expansion. The total project cost was approximately $371,000. (7)In 2017, Mott MacDonald Group LLC conducted a

detailed inspection of the Gross Dam outlet works and produced a report of inspection findings. The total project cost was approximately

$20,000. (8) In 2017, Black & Veatch was selected as the Owner’s Representative for the Gross Reservoir expansion project for a total

contract cost of approximately $554,000. (9)In 2017, Denver Water entered into a cooperative steam gaging agreement for Gross

Reservoir with the Colorado Division of Water Resources. (10) In 2017, Denver Water approved an IGA with the City of Boulder for a

stream restoration project designed to improve aquatic habitat along a segment of South Boulder Creek below Gross Reservoir. (11) In

2017, the Army Corps of Engineers issued its Record of Decision and the Section 404 Permit for the expansion of Gross Reservoir and

dam enlargement for an additional 77,000 acre-feet of water. F. The following paragraphs describe work completed in furtherance of

maintaining the South Boulder Diversion Canal (“SBDC”) which conveys water from Gross Reservoir to Ralston Reservoir for

treatment: (1) Completed annual operations and maintenance including annual dam safety inspections with SEO. (2) In 2014, ERO

Resources Corporation performed a file search and a Class III survey of the SBDC where it crosses Woman Creek prior to replacing the

existing crossing structure. The total project cost was approximately $5,000. (3) In 2014, T Lowell Construction, Inc. completed

replacement of Siphon No. 4 of the SBDC. The total project cost was approximately $2,742,000. (4) In 2016 and 2017, Denver Water

acquired property easements to access Siphon No. 2 of the SBDC. The total cost was approximately $48,000. G. The following

paragraphs describe work completed in furtherance of maintaining and fully developing Ralston Reservoir: (1) Denver Water completed

annual operations and maintenance including annual dam safety inspections with State Engineer’s Office (“SEO”), drill of the

Emergency Action Plan, and survey of the dam for movement. (2) In 2014, RG and Associates, LLC provided construction inspection

services regarding the demolition of the Ralston Creek flume and the installation of a new concrete, long-throated flume. Western

Summit Constructors, Inc. completed demolition and construction. The total project cost was approximately $1,237,000. (3)In 2014,

Shannon & Wilson, Inc. repaired geotechnical instrumentation for a total project cost of approximately $20,000. (4) In 2014, URS

Corporation completed a study of alternatives for the Ralston Creek Dam outlet works and reservoir bypass pipeline. The total project

cost was approximately $672,000. (5)In 2016, Concrete Works of Colorado, Inc. repaired the Ralston Creek Dam primary and auxiliary

spillways. Total project cost was approximately $769,000. (6) In 2016, Brierley Associates Corporation prepared a geotechnical

engineering report for the construction of a vault located at Ralston Creek Reservoir. The total project cost was approximately $87,000.

(7)In 2017, Gannett Fleming, Inc. provided engineering services consisting of facilitating a potential failure model analysis for Ralston

Creek Dam. The total project cost was approximately $25,000. (8) In 2017, GEI Consultants, Inc. provided professional services

associated with dam breach development, hydraulic modeling and mapping to develop inundation maps downstream of Ralston Creek

Dam for a total project cost of approximately $44,000. (9)In 2017, Metcalf Archaeological Consultants, Inc. provided a Cultural

Resources Study for the Ralston Creek Reservoir outlet works renovation project for a total cost of approximately $23,000. H. The

following paragraphs describe work completed in furtherance of fully developing the Northwater Treatment Plant (“Northwater WTP”)

which will treat and distribute water delivered from Denver Water’s north system: (1) In 2014, Intuitech, Inc. provided equipment to

conduct pilot testing of different water treatment processes to establish design criteria for the full-scale implementation of the Northwater

WTP. The total project cost was approximately $368,000. (2) In 2016, Harris Corporation provided digital aerial photography,

topographic mapping, and geo-orthophoto mosaic generation mapping services for the construction of the Northwater WTP at the

Ralston Creek Reservoir complex. The total project cost was approximately $51,000. (3)Starting in 2016, Jacobs Engineering Group,

Inc. provided Owner’s Representative Services including management, controls, and technical support for the Northwater WTP at a cost

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of approximately $15,924,000. (4) Since 2016, Kiewit Infrastructure Co. provided design phase services as Construction Manager-at-

Risk (“CMAR”). Additionally, Denver Water has exercised the option to extend the CMAR commitment through the project

construction phase. To date, approximately $7,414,000 has been spent on this project. (5) Beginning in 2016, Denver Water engaged a

team of firms to jointly execute the design of the Northwater WTP. To date, the combined total spent towards these design packages is

approximately $30,499,000. I.The following paragraphs describe work completed in furtherance of maintaining the Moffat Water

Treatment Plant (“Moffat WTP”) which treats and distributes water delivered from Denver Water’s north system: (1) In 2014, Denver

Water began the process of developing an on-site centrifuge dewatering system for Moffat WTP and abandoned the solids disposal line.

The total project cost was approximately $2,730,000. (2) In 2014, Pinyon Environmental, Inc. provided an evaluation of potential Waters

of the United States, federally protected species, and historic resources on the Moffat WTP campus for approximately $2,600. (3) In

2015, purchased 22 large-diameter butterfly valves from DeZurik, Inc., which were installed by Denver Water. The total cost of

procurement was approximately $152,000. (4) In 2017, Garney Companies, Inc. replaced chlorine scrubber equipment at both the Moffat

WTP and the Marston WTP. The total project cost was approximately $543,000. J. The following paragraphs describe work completed

in furtherance of maintaining and fully developing the Conduit No. 16 which will convey treated water from Northwater WTP into

Denver Water’s distribution system: (1) In 2014, HDR Engineering, Inc. evaluated options and provided cost estimates for

commissioning Conduit No. 16 during construction of Denver Water’s North System Renewal project for a total cost of approximately

$16,000. (2) In 2015, Garney Companies, Inc. installed approximately 230 linear feet of 72-inch steel pipeline for Conduit No. 16 across

McIntrye Street in Golden, CO. The total project cost was approximately $596,000. (3) In 2015, Denver Water obtained permanent

easements at various locations required for the replacement of Conduit No. 16 at a total cost of approximately $109,000. (4) In 2017,

Denver Water acquired temporary easements which granted access to additional property required for the replacement of Conduit No.

16 at a total cost of approximately $137,000. (5) In 2017, Denver Water entered into an IGA with the City of Wheat Ridge for the

coordination of Conduit 16 replacement via tunneling underneath Interstate 70 with redevelopment of the highway interchange. To date,

approximately $22,000 has been spent on the design of the Conduit No. 16 tunneling project. (6) In 2018, S J Louis Construction of

Texas, Ltd. furnished and installed 14,850 linear feet of 66-inch diameter pipe as part of the central segment replacement of Conduit

No. 16. The current total project cost is approximately $9,556,000. 5. Remarks: The points of diversion for the Darling Creek

Enlargement and Extension of the Williams Fork Diversion Project, Williams Fork Power Conduit, and the Moffat Tunnel Collection

System are generally depicted in the General Location Map attached hereto as Exhibit A. The place of use of any water diverted or

stored under this water right is subject to and will be in accordance with the terms of the Colorado River Cooperative Agreement

effective September 26, 2013 or as amended. Denver Water is a home rule municipal corporation of the State of Colorado. Denver Water

derives its authority and power to operate a water supply system under the state constitution, the Denver City Charter and provisions of

state law. Pursuant to the Denver City Charter, Denver Water provides all treated and raw water necessary for the full development of

land within the City and County of Denver. Pursuant to perpetual water service agreements, Denver Water serves as the water utility for

other governmental entities outside the City and County of Denver, but within Denver Water’s Service Area, providing all treated and

raw water necessary to serve the full development of all land within the Service Area depicted in Exhibit B. Denver Water also has

commitments to provide nearly 68,000 acre-feet of treated and raw water to customers outside its Service Area under perpetual fixed

amount contracts listed on Exhibit C. The entities receiving water under fixed amount contracts are all located within the Counties of

Adams, Arapahoe, Douglas and Jefferson and the City and County of Broomfield. From time to time, Denver Water provides treated

and raw water to customers under temporary arrangements. 6. Names and Addresses of Landowners Where Structures are Located: The

following list includes the names and addresses of owners of the land upon which any new diversion or storage structure or modification

to any existing diversion or storage structure or existing storage pool is or will be constructed or upon which water is or will be stored.

Denver Water is providing notice to the following entities because this application relates to certain structures and property in which the

following entities may have a property interest. A. United States of America c/o USDA Forest Service – Arapaho 2150 Centre Avenue,

Building E Fort Collins, CO 80526-8119 B. United States of America Bureau of Land Management PO Box 68 Kremmling, CO 80459-

0068 C. Climax Molybdenum Co c/o Henderson Operations PO Box 68 Empire, CO 80438-0068 D. City of Englewood c/o Department

of Utilities Englewood Civic Center 1000 Englewood Parkway Englewood, CO 80110-2373











20CW3042 (02CW165) CONCERNING THE APPLICATION FOR WATER RIGHTS OF WEST DIVIDE WATER

CONSERVANCY DISTRICT, IN EAST DIVIDE CREEK, TRIBUTARY TO DIVIDE CREEK, TRIBUTARY TO THE

COLORADO RIVER IN GARFIELD COUNTY, COLORADO. APPLICATION FOR FINDINGS OF REASONABLE DILIGENCE Name,

mailing address, email address and telephone number of Applicant:, West Divide Water Conservancy District, P.O. Box 1478, 818

Taugenbaugh Blvd., Suite 101, Rifle, CO 81650, (970) 625-5461, c/o Edward B. Olszewski, Esq., Olszewski, Massih & Maurer, P.C.,

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1204 Grand Avenue, P.O. Box 916, Glenwood Springs, CO 81602 (970) 928-9100 Please direct all pleadings and correspondence to

Applicant’s counsel at the address above. CLAIM FOR FINDING OF REASONABLE DILIGENCE. Name of Conditional Water Right:

Alsbury Reservoir Service Area Exchanges referenced on the map attached as Figure 1. Describe conditional water right: Date of

Original Decree: October 8, 2007;Case No.:02CW165; Court: Garfield County, Water Division No. 5.Appropriation Date: January 1,

2004 Subsequent Decree: March 9, 2014 Case No.:13CW3062 Court: Garfield County, Water Division No. 5. Description of Exchange:

The general reach of the exchange is between East Divide Creek and the points of diversion for wells, surface water rights and reservoirs

located within Applicant’s Alsbury Service Area. The specific stream reaches within the exchange are described as follows: Exchange

Reach: June Creek; Lower Terminus: 2130 ft from north section line, 1600 ft from west section line, SE1/4 of NW1/4, Section 20,

Township 7S, Range 91W of the 6th P.M. in Garfield County, Colorado; Upper Terminus: 1980 ft north of the south section line, 740

ft west of the east section line, NE1/4 of SW1/4, Section 3, Township 8S, Range 91W of the 6th P.M. in Garfield County, Colorado;

Amount: 1.0 cfs Exchange Reach: Tar Gulch; Lower Terminus: 665 ft south of the north section line, 1760 ft west of the East Section

line, NW1/4 of NE1/4, Section 20, Township 7S, Range 91W of the 6th P.M. in Garfield County, Colorado; Upper Terminus: 1500 ft

south of the north section line, 720 ft east of the west section line, SW1/4 of NW1/4, Section 15, Township 7S, Range 91W of the 6th

P.M. in Garfield County, Colorado; Amount: 1.0 cfs Exchange Reach: Corral Creek; Lower Terminus: 2310 ft south of the north section

line, 1920 ft east of the west section line, SE1/4 of NW1/4, Section 21, Township 7S, Range 91W of the 6 th P.M. in Garfield County,

Colorado; Upper Terminus: 1330 ft north of the south section line, 2160 ft east of the west section line, SE1/4 of SW1/4, Section 35,

Township 7S, Range 91W of the 6th P.M. in Garfield County, Colorado; Amount: 1.0 cfs Exchange Reach: Spruce Crossing Gulch;

Lower Terminus: 1150 ft south of the north section line, 1400 ft west of the east section line, NW1/4 of NE1/4, Section 22, Township

7S, Range 91W of the 6th P.M. in Garfield County, Colorado; Upper Terminus: 1980 ft north of the south section line, 2590 ft east of

the west section line, NE1/4 of SW1/4, Section 26, Township 7S, Range 91W of the 6th P.M. in Garfield County, Colorado; Amount:

1.0 cfs Exchange Reach: Osten Gulch; Lower Terminus: 1900 ft south of the north section line, 1850 ft west of the east section line,

SW1/4 of NE1/4, Section 23, Township 7S, Range 91W of the 6th P.M. in Garfield County, Colorado; Upper Terminus: 1270 ft east of

the west section line, 1980 ft north of the south section line, NW1/4 of SW1/4, Section 13, Township 7S, Range 91W of the 6 th P.M. in

Garfield County, Colorado; Amount: 1.0 cfs Exchange Reach: Dean Gulch; Lower Terminus: 2300 ft south of the north section line,

925 ft west of the east section line, SE1/4 of NE1/4, Section 23, Township 7S, Range 91W of the 6th P.M. in Garfield County, Colorado;

Upper Terminus: 560 ft north of the south section line, 1040 ft west of the east section line, SE1/4 of SE1/4, Section 19, Township 7S,

Range 90W of the 6th P.M. in Garfield County, Colorado; Amount: 1.0 cfs Exchange Reach: Timber Gulch; Lower Terminus: 1740 ft

south of the north section line, 2460 ft east of the west section line, SE1/4 of NW1/4, Section 25, Township 7S, Range 91W of the 6 th

P.M. in Garfield County, Colorado; Upper Terminus: 910 ft south of the north section line, 1740 ft west of the east section line, NW1/4

of NE1/4, Section 2, Township 8S, Range 91W of the 6th P.M. in Garfield County, Colorado; Amount: 1.0 cfs Exchange Reach: Bear

Gulch; Lower Terminus: 2310 ft north of the south section line, 2020 ft west of the east section line, NW1/4 of SE1/4, Section 25,

Township 7S, Range 91W of the 6th P.M. in Garfield County, Colorado; Upper Terminus: 800 ft north of the south section line, 1330 ft

east of the west section line, SW1/4 of SW1/4, Section 1, Township 8S, Range 91W of the 6 th P.M. in Garfield County, Colorado;

Amount: 1.0 cfs Exchange Reach: Road Gulch; Lower Terminus: 1810 ft south of the north section line, 2100 ft east of the west section

line, SE1/4 of NW1/4, Section 5, Township 8S, Range 90W of the 6th P.M. in Garfield County, Colorado; Upper Terminus: 410 ft north

of the south section line, 1280 ft east of the west section line, SW1/4 of SW1/4, Section 3, Township 8S, Range 90W of the 6th P.M. in

Garfield County, Colorado; Amount: 1.0 cfs Exchange Reach: Log Gulch; Lower Terminus: 750 ft north of the south section line, 490

ft west of the east section line, SE1/4 of SE1/4, Section 31, Township 7S, Range 90W of the 6th P.M. in Garfield County, Colorado;

Upper Terminus: 1910 ft south of the north section line, 830 ft east of the west section line, SW1/4 of NW1/4, Section 15, Township

8S, Range 90W of the 6th P.M. in Mesa County, Colorado; Amount: 1.0 cfs Exchange Reach: Camp Creek; Lower Terminus: 990 ft

north of the south section line, 220 ft west of the east section line, SE1/4 of SE1/4, Section 6, Township 8S, Range 90W of the 6th P.M.

in Garfield County, Colorado; Upper Terminus: 2400 ft south of the north section line, 600 ft west of the east section line, SE1/4 of

NE1/4, Section 24, Township 8S, Range 91W of the 6th P.M. in Mesa County, Colorado; Amount: 1.0 cfs Exchange Reach: Ginright

Creek; Lower Terminus: 200 ft south of the north section line, 1830 ft east of the west section line, NE1/4 of NW1/4, Section 20,

Township 8S, Range 90W of the 6th P.M. in Mesa County, Colorado; Upper Terminus: 760 ft south of the north section line, 1300 ft

east of the west section line, NW1/4 of NW1/4, Section 22, Township 8S, Range 90W of the 6th P.M. in Mesa County, Colorado;

Amount: 1.0 cfs Amount:The rates of exchange shall be up to 1.0 cfs for each reach, not to exceed a cumulative total of 5.0 cfs within

the entire Alsbury Service Area. Annual depletions shall not exceed 67.76 feet. Applicant’s diligence activities include but are not

limited to the following: Applicant has expended significant staff and consultant time in evaluating the impacts of filings on East Divide

Creek. Applicant, during the diligence period, successfully adjudicated decrees for diligence for the Alsbury Reservoir and Alsbury

Reservoir Enlargement (Baldy Reservoir) in Case Nos. 17CW3038 and 17CW3039 and filed to correct an erroneous legal description

in Case No. 02CW165. Applicant has repaired and maintained measuring devices and infrastructure at Alsbury Reservoir and

reconstructed the stilling basin during the diligence period. Pursuant to the State’s rules and regulations for dam safety and dam

construction, the Applicant has revised and updated an Emergency Action Plan with the State. Further, the Applicant operates and

maintains the measuring devices at the outlet of Alsbury Reservoir on an annual basis. Alsbury Reservoir is a critical component of the

plan for augmentation and Alsbury Reservoir Service Area Exchange. Applicant has expended $15,808.00 for legal fees and $53,992.22

for engineering and hydrology during the diligence period. Applicant has also expended over $22,934.00 on maintenance, measuring

and construction activities at Alsbury Reservoir to support the conditional appropriative rights of exchange claimed herein. Applicant

has actively monitored water court cases which could potentially affect the conditional rights herein. Applicant has been actively engaged

in the operation of its Alsbury Reservoir Service Area water marketing and augmentation program. This marketing and augmentation

MARCH 2020 RESUME

WATER DIVISION 5

PAGE 15

program make augmentation water available to contractees with the Alsbury Service Area within which the exchange reaches are located.

Applicant’s activities and expenditures establish that Applicant has been reasonably diligent in the development of the appropriative

right of exchange within its Alsbury Reservoir Service Area. Landowner Notification: Water will be placed to beneficial use within the

boundaries of the Alsbury Reservoir Service Area as defined in the map attached to the Application as Figure 1. The specific owners of

land upon which the water rights will be placed to beneficial use will be determined at future dates as augmentation contracts are issued.

The water rights may be put to beneficial use on lands owned by many individuals and entities who are currently unknown to Applicant.

Therefore, it is not feasible to list at this time the names and addresses of all the owners of land upon which water may be placed to

beneficial use. WHEREFORE, the Applicant request a finding the Applicant has exercised reasonable diligence toward the development

of the aforementioned water rights as described above. (6pages, 1 map)





Fee: $192.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601






20CW3043 PITKIN COUNTY, SNOWMASS CREEK. Application for Finding of Reasonable Diligence and to Make Absolute.

Aspen Camp of the Deaf and Hard of Hearing, c/o Ryan Jarvis & Jeff Houpt of Beattie, Houpt & Jarvis, 932 Cooper Ave, Glenwood

Springs, 970-945-8659. ADC Exchange: Original decree entered on 03/09/14 in 11CW196. Upstream terminus: Point of impact on

Snowmass Creek from pumping ADC Well No. 3 located in the NE¼ of Sec 14, T 9 S, R 86 W 6 th PM, being S. 43º46’52” W. 1,710.9

ft from the NE corner of said Sec 14, Pitkin County. Distances from sec line and UTM coordinates: 1,400 ft from N sec line and 1,150

ft from E sec line. Northing 4348906.00, Easting 331056.30, Zone 13. Note: The DWR Aquamap and/or CDSS were used to determine

distances from sec line and UTM values. Downstream termini: Water released from Ruedi Reservoir or other Fryingpan water rights:

Confluence of the Fryingpan and Roaring Fork Rivers located in the SW¼ of the SE¼ of Sec 7, T 8 S, R 86 W 6 th PM, at a point 1,440

ft from E sec line, and 750 ft from S sec line; and water released pursuant to Robinson Ditch rights: A point on the N bank of the Roaring

Fork River, located in the NW¼, SE¼, Sec 11, T 8 S, R 87 W 6th PM, 2,307 ft from S sec line and 2,309 ft from E sec line of said Sec

11. Water released from Green Mountain Reservoir: Confluence of the Roaring Fork and Colorado Rivers located in the SE¼ of the

NW¼ of Sec 9, T 6 S, R 89 W 6th PM, at a point 2,940 ft from E section line, and 3,150 ft from S sec line of said Sec 9. Source:

Snowmass Creek, trib to Roaring Fork and Colorado Rivers. Appropriation date: 04/12/11. Amount: 0.067 cfs, conditional, 4.3 af based

on depletion amounts. Uses: Augmentation and exchange. Date water applied to beneficial use: 04/01/14. Amount of water applied to

beneficial use: 0.067 cfs. Uses of water applied to beneficial use: Augmentation and exchange. Remarks: ADC Exchange operates

pursuant to the plan for augmentation decreed in 11CW196. The Application on file with the court includes a list of activities

demonstrating diligence. (5 pages)











20CW3044 GRAND COUNTY. Ritschard Springs Association, P.O. Box 1594, Kremmling, CO 80459, c/o Kent Whitmer, The

Whitmer Law Firm, LLC, PO Box 38, Hot Sulphur Springs, CO 80451, (970) 725-3460. APPLICATION FOR FINDING OF

REASONABLE DILIGENCE. Name of Structures: Ritschard Spring No. 2 and Ritschard Spring No. 3. Type of Structure: Springs.

Source: Tributary to Whitely Creek, tributary to Muddy Creek, tributary to the Colorado River. Location: Ritschard Spring No. 2 is

located in the NEl/4NE1/4 of Sec. 17, T4N, R81W of the 6th P.M., at a point whence the NE Corner of said Sec. 17 bears N 35°22’ E

190 feet. Ritschard Spring No. 3 is located in the NE1/4NE1/4 of Sec. 17, T4N, R81W of the 6 th P.M. at a point whence the NE Corner

of said Sec. 17 bears N 18°26’ E 237 feet. Use: Domestic, livestock watering, fish propagation. Amount: 0.033 cubic feet per second

(“c.f.s.”)(15 gallons per minute (“g.p.m.”)), conditional for each Spring. Date of Initiation of Appropriation: June 30, 1969. Original

Decree: September 25, 1975, Case No. W-2557, Water Court Division No. 5. The application and attached exhibits contain a detailed

outline of the work performed during the diligence period (11 pages).

MARCH 2020 RESUME

WATER DIVISION 5

PAGE 16











20CW3045 (11CW199) IN EAGLE, GARFIELD AND PITKIN COUNTIES COLORADO, WATER RIGHT IN THE

ROARING FORK RIVER OR ITS TRIBUTARIES. Application for Findings of Reasonable Diligence and to Make Water Rights

Absolute in Part. PT Ranch Barn, L.L.C. c/o: J. Kevin Poorman, Esq., President, PSP Capital Partners, L.L.C., 444 W. Lake Street, Suite

3500 Chicago, IL 60606, (312) 873-4802, [email protected]; Meghan N. Winokur, Holland & Hart LLP, 600 E. Main St., Ste.

104, Aspen CO 81611-1991, (970) 925-3476, [email protected]. Background: Through the Application, Applicant seeks

findings of reasonable diligence towards the development of an underground water right and appropriative rights of exchange (may be

referred to collectively as “Subject Water Rights”) originally decreed in Case No. 11CW199, and seeks to make the Subject Water

Rights absolute in part. Name of structure: PT Ranch Barn Well No. 1 (the “Well”). Previous decrees: Original decree: Case No.

11CW199, Water Division 5, decree entered on 03/23/2014. Legal description: The Well is an existing well located in the NE 1/4 of

the NE 1/4 of Sec. 23, T. 10 S., R. 85 W., 6th P.M., 1200 feet from N. Sec. line and 1175 feet from the E. Sec. line, Pitkin County. A

U.S.G.S. map showing the location of the Well is attached to the Application as Exhibit A. Source: Groundwater tributary to Castle

Creek, tributary to the Roaring Fork River. Depth of well: Approximately 60 feet. Appropriation date: 12/16/2011. Amount: 100 gallons

per minute (“gpm”), conditional (0.22 cubic feet per second (“cfs”). Maximum annual appropriation amount to be withdrawn through

the Well: 17.68 acre feet. Uses: Irrigation of 8 acres and geothermal exchange use. Legal description of acreage irrigated or to be

irrigated: up to 8 acres within the PT Ranch House, L.L.C. Parcel and Lot 2, Castle Creek Banks Partnership Lot Split PUD/Subdivision,

Subdivision Exemption Lot Line Adjustment Plat and First Amendment Plat, Pitkin County, Colorado. The irrigated area is generally

located in the NE 1/4 of Sec. 23, T. 10 S., R. 85 W., 6th P.M. The periodic geothermal exchange use (prior to diversion into the irrigation

system) will be through a non-consumptive water cooling pipeline for the chilled water system in a residential hydronic cooling system

(“Cooling System”). Water diverted at the Well will travel through the Cooling System before entering the irrigation system. Flow rates

will be measured at the Well and at the irrigation system connection. When the irrigation priority described herein is out of priority (and

the calling right is not augmented), diversions solely for use in the Cooling System will be measured and returned immediately to the

Well. It is anticipated that such use will occur from May 15 through September 30 of each year. Conditional Exchange: In order for the

plan for augmentation approved in the 11CW199 Decree to operate, two conditional rights of exchange were also decreed. Exchange

No. 1: Castle Creek/Roaring Fork Exchange. A U.S.G.S. map showing the reach of Exchange No. 1 is attached to the Application as

Exhibit B. Upstream terminus: On Castle Creek adjacent to the Well. The upstream terminus is located in the NE 1/4 of the NE 1/4 of

Sec. 23, T. 10 S., R. 85 W., 6th P.M. at a point approximately 1200 feet from the N. Sec. line and 1130 feet from the E. Sec. line.

Downstream terminus: The confluence of the Roaring Fork River and Fryingpan River. The downstream terminus is located in the SW

1/4 of the SE 1/4 of Sec. 7, T. 8 S., R. 86 W., 6th P.M. at a point 750 feet from the S. Sec. line, and 1440 feet from the E. Sec. line.

Appropriation date: December 16, 2011. Maximum rate of exchange: 0.057 cfs, conditional, 11.03 acre feet per year. Proposed use:

augmentation for irrigation uses. Remarks: Exchange deliveries will be made from Ruedi Reservoir to the confluence of the Fryingpan

and Roaring Fork Rivers, and then exchanged up the Roaring Fork River to the confluence of the Roaring Fork River with Castle Creek

and then up Castle Creek to the location of the Well. Exchange No. 2: Castle Creek/Roaring Fork/Colorado River Exchange. A U.S.G.S.

map showing the reach of Exchange No. 2 is attached to the Application as Exhibit B. Upstream Terminus: On Castle Creek adjacent

to the Well. The upstream terminus is located in the NE 1/4 of the NE 1/4 of Sec. 23, T. 10 S., R. 85 W., 6th P.M. at a point approximately

1200 feet from the N. Sec. line and 1130 feet from the E. Sec. line. Downstream Terminus: The confluence of the Roaring Fork River

and the Colorado River. The lower terminus is located in the SE 1/4 of the NW 1/4 of Sec. 9, T. 6 S., R. 89 W., 6th P.M. at a point 2200

feet from the N. Sec. line, and 2350 feet from the W. Sec. line. Appropriation date: December 16, 2011. Maximum rate of exchange:

0.057 cfs, conditional, 11.03 acre feet per year. Remarks: Exchange deliveries will be made to the confluence of the Roaring Fork and

Colorado Rivers, and then exchanged up the Roaring Fork River to the confluence of the Roaring Fork River with Castle Creek and

then up Castle Creek to the location of the Well. Claim to Make Certain of the Subject Water Rights Absolute. PT Ranch Barn Well No.

1. Based upon the verified facts in the Application, Applicant requests that the Court make the Well fully absolute in the amount of 100

gpm for the decreed uses of irrigation and geothermal exchange purposes. Exchange Nos. 1 and 2. Based upon the verified facts in the

Application, Applicant requests that the Court make the Exchanges absolute in the amount of 0.035 cfs for the decreed uses of

augmentation and irrigation. A detailed outline of what has been performed towards completion of the appropriations during the

diligence period is included in the Application. Names(s) and address(es) of owner(s) 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: Applicant. (7 pages)

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20CW3046 GARFIELD COUNTY. SPRINGS TRIB. TO DRY RIFLE CREEK, TRIB. TO RIFLE CREEK, TRIB. TO THE

COLORADO RIVER. Application for Finding of Reasonable Diligence. Applicant: Johnna Cloninger, c/o Balcomb & Green, P.C.,

P.O. Drawer 790, Glenwood Springs, CO 81602; 970-945-6546. Applicant requests the Court to find reasonable diligence in the

development of the Rehwoldt Springs Nos. 2, 3, 4, 5, 6, 7 and 8 cond. water rights. Structures: Rehwoldt Springs Nos. 2, 3, 4, 5, 6, 7

and 8. Date of Orig. Decree: 8/13/1979, in Case No. W-3846, in the Dist. Ct. Water Div. No. 5. Subsequent decrees: Case Nos.

13CW048, 06CW05, 99CW126, 91CW88, 87CW147, and 83CW178. Spring Locations: The Rehwoldt Spring No. 2, a surface water

right, is located in the SE 1/4 SE 1/4 of Sec. 2, T. 5 S., R. 92 W., 6th P.M., at a pt. 1,100 ft. W. of the E. line and 1,290 ft. N. of the

S. line of said Sec. 2. The Rehwoldt Spring No. 3, a surface water right, is located in the SE 1/4 SE 1/4 of Sec. 2, T. 5 S., R. 92 W.,

6th P.M., at a pt. 960 ft. W. of the E. line and 1,200 ft. N. of the S. line of said Sec. 2. The Rehwoldt Spring No. 4, a surface water

right, is located in the SW 1/4 SE 1/4 of Sec. 2, T. 5 S., R. 92 W., 6th P.M., at a pt. 1,530 ft. W. of the E. line and 600 ft. N. of the

S. line of said Sec. 2. The Rehwoldt Spring No. 5, a surface water right, is located in the SW 1/4 SE 1/4 of Sec. 2, T. 5 S., R. 92 W.,

6th P.M., at a pt. 1,600 ft. W. of the E. line and 480 ft. N. of the S. line of said Sec. 2. The Rehwoldt Spring No. 6, a surface water

right, is located in the SW 1/4 SE 1/4 of Sec. 2, T. 5 S., R. 92 W., 6th P.M., at a pt. 1,680 ft. W. of the E. line and 430 ft. N. of the

S. line of said Sec. 2. The Rehwoldt Spring No. 7, a surface water right, is located in the SW 1/4 SE 1/4 of Sec. 2, T. 5 S., R. 92 W.,

6th P.M., at a pt. 1,800 ft. W. of the E. line and 400 ft. N. of the S. line of said Sec. 2. The Rehwoldt Spring No. 8, a surface water

right, is located in the SW 1/4 SE 1/4 of Sec. 2, T. 5 S., R. 92 W., 6th P.M., at a pt. 1,330 ft. W. of the SE Corner of said Sec. 2,

on the line between Sec. 2 and Sec. 11. Source: The source of each water right is a spring, trib. to Dry Rifle Creek, trib. to Rifle

Creek, trib. to the Colorado River. Date of initiation of approp.: 7/28/1978, for each spring. Amt: 0.1 c.f.s., for each spring. Uses: irr.,

dom. and comm. (cond.); livestock watering (absolute). A list of diligence activities and expenditures as evidence for development of

the subject cond. water rights is on file with this court. Name and address of owner of the land upon which any structure is or will be

located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Applicant. 6 pgs.











20CW3047(04CW233). 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 THOMAS

H. BAILEY, IN THE ROARING FORK RIVER AND ITS TRIBUTARIES, IN GARFIELD COUNTY, COLORADO.

CORRECTED APPLICATION TO MAKE ABSOLUTE, OR IN THE ALTERNATIVE, FOR A FINDING OF REASONABLE

DILIGENCE. 1. Name and address of Applicants: Thomas H. Bailey, 1000 Blue Heron Lane, Carbondale, CO 81623, Direct all

pleadings to: Kevin J. Kinnear, Porzak Browning & Bushong LLP, 2120 13th Street, Boulder, CO, 80302. 2. Names of structures:

Foley Well, Permit No. 62885-A (commercial use), Bailey Wells Nos. 1 through 7. The conditional water rights that are the subject of

this application were decreed in Case No. 04CW233, District Court in and for Water Division No. 5. A map showing the locations of

the subject water rights is attached hereto as Exhibit A. 3. Description of conditional water rights: Including structure names,

adjudication and appropriation dates, amount, sources, uses, and previous cases: A. Foley Well, Permit No. 62885-A, issued on April

13, 1973, for domestic and livestock use, including the irrigation of up to 1.0 acre of home gardens and lawns, at a rate of 15 g.p.m. for

an average annual amount of 3 acre-feet (see Basalt Water Conservancy District Contract No. 279), at a point located 1150 feet north of

the south section line and 500 feet east of the west section line in the SW¼ SW¼ of Section 26, T. 7 S., R. 88 W., 6th P.M. The true

location is at a point located 1365 feet north of the south section line and 390 feet east of the west section line in the SW¼ SW¼ of

Section 26, T. 7 S., R. 88 W., 6th P.M. The Applicant shall apply for a new non-exempt well permit reflecting the correct location of

the well. This water right is for 15 g.p.m. for domestic and livestock use, including the irrigation of up to 1.0 acre of home gardens and

lawns, for an average annual amount of 3 acre-feet with an August 1, 1948 appropriation date, and commercial and stock watering uses

MARCH 2020 RESUME

WATER DIVISION 5

PAGE 18

with a December 29, 2004 appropriation date, all with a priority date of December 29, 2004, B. Bailey Well No. 1, Permit No. 163583,

issued on April 14, 1992, for one single family dwelling and watering noncommercial domestic animals, at a rate of 15 g.p.m., at a point

located 490 feet south of the north section line and 600 feet west of the east section line in the NE¼ NE¼ of Section 34, T. 7 S., R. 88

W., 6th P.M. The true location is at a point located 230 feet south of the north section line and 590 feet west of the east section line in

the NE¼ NE¼ of Section 34, T. 7 S., R. 88 W., 6th P.M. The Applicant shall apply for a new non-exempt well permit reflecting the

correct location of the well. This water right is for 15 g.p.m. for one single family dwelling and watering noncommercial domestic

animals with an April 14, 1992 appropriation date, and commercial and stock watering uses with a December 29, 2004 appropriation

date, all with a priority date of December 29, 2004, C. Bailey Well No. 2, Permit No. 98228, issued on May 3, 1978, for domestic use

and irrigation of not over one (1) acre ofhome gardens and lawns, at a rate of 15 g.p.m. for an average annual amount of 1.5 acre-feet,

at a point located 320 feet south of the north section line and 400 feet east of the west section line in the NW¼ NW¼ of Section 35, T.

7 S., R. 88 W., 6th P.M. The true location is at a point located 450 feet south of the north section line and 305 feet east of the west

section line in the NW¼ NW¼ of Section 35, T. 7 S., R. 88 W., 6th P.M. The Applicant shall apply for a new non-exempt well permit

reflecting the correct location of the well. This water right is for 15 g.p.m. for domestic use and irrigation of not over (1) acre of home

gardens and lawns for an average annual amount of 1.5 acre-feet, with a July 18, 1980 appropriation date, and commercial and stock

watering uses with a December 29, 2004 appropriation dates, all with a priority date of December 29, 2004, D. Bailey Well No. 3, Permit

No. 151287, issued on May 26, 1988, for in-house use and watering noncommercial domestic animals, at a rate of 15 g.p.m. for an

average annual amount of 1.5 acre-feet, at a point located 1250 feet south of the north section line and 410 feet west of the east section

line in the NE¼ NE¼ of Section 34, T. 7 S., R. 88 W., 6th P.M. The true location is at a point located 1165 feet south of the north

section line and 550 feet west of the east section line in the NE¼ NE¼ of Section 34, T. 7 S., R. 88 W., 6th P.M. The Applicant shall

apply for a new non-exempt well permit reflecting the correct location of the well. This water right is for 15 g.p.m. for in-house use and

watering domestic animals with a June 22, 1988 appropriation date, and commercial and stock watering uses with a December 29, 2004

appropriation date, all with a priority date of December 29, 2004, E. Bailey Well No. 4, Permit No. 54469-F, issued on September 1,

2000, for two (2) residences, irrigation of 2,500 sf of home gardens and lawns, and the watering of domestic animals, at a rate of 15

g.p.m, not to exceed 1.063 acre-feet. (see Basalt Water Conservancy District Contract No. 366), at a point located 4800 feet north of the

south section line and 50 feet east of the west section line in the NW¼ NW¼ of Section 35, T. 7 S., R. 88 W., 6th P.M. The true location

is at a point located 240 feet south of the north section line and 20 feet west of the east section line in the NE¼ NE¼ of Section 34, T.

7 S., R. 88 W., 6th P.M. The Applicant shall apply for a new well non-exempt permit reflecting the correct location of the well. This

water right is for 15 g.p.m. for two (2) residences, irrigation of 2,500 af of home gardens and lawns, and the watering of domestic

animals not to exceed 1.063 acre-feet with a September 1, 2000 appropriation date, and commercial and stock watering uses with a

December 29, 2004 appropriation date, all with a priority date of December 29, 2004, F. Bailey Well No. 5, Permit No. 49863-F, issued

on June 12, 1998, for household purposes inside one (1) single family dwelling and a detached accessory dwelling, the irrigation of

1,000 sf of home gardens and lawns, and watering two (2) head of livestock, at a rate of 15 g.p.m. not to exceed one (1) acre-foot

(325,850 gallons) (see Basalt Water Conservancy District Contract No. 366), at a point located 3900 feet north of the south section line

and 600 feet west of the east section line in the SE¼ NE¼ of Section 34, T. 7 S., R. 88 W., 6th P.M. The true location is at a point

located 1450 feet south of the north section line and 480 feet west of the east section line in the SE¼ NE¼ of Section 34, T. 7 S., R. 88

W., 6th P.M. The Applicant shall apply for a new non-exempt well permit reflecting the correct location of the well. This water right

is for 15 g.p.m. for household purposes inside one (1) single family dwelling and a detached accessory dwelling, the irrigation of 1,000

sf of home gardens and lawns, and watering two (2) head of livestock not to exceed one (1) acre –foot (325,850 gallons) with a June 25,

1998 appropriation date, and commercial and stock watering uses with a December 29, 2004 appropriation date, all with a priority date

of December 29, 2004, G. Bailey Well No. 6, Permit No. 49476-F, issued on February 12, 1998, for one single family dwelling, irrigation

of not more than 750 sf of home lawns and gardens, and watering of domestic animals, at a rate of 15 g.p.m. not to exceed 0.525 acre-

foot (171,071 gallons) (see Basalt Water Conservancy District Contract No. 136), at a point located 820 feet south of the north section

line and 770 feet east of the west section line in the NW¼ NW¼ of Section 35, T. 7 S., R. 88 W., 6th P.M. The true location is at a

point located 485 feet south of the north section line and 945 feet east of the west section line in the NW¼ NW¼ of Section 35, T. 7 S.,

R. 88 W., 6th P.M. The Applicant shall apply for a new non-exempt well permit reflecting the correct location of the well. This water

right is for 15 g.p.m. for one single family dwelling, irrigation of not more than 750 sf of home lawns and gardens, and watering of

domestic animals not to exceed 0.525 acre-foot (171,071 gallons) with an April 1, 1998 appropriation date, and commercial and stock

watering uses with a December 29, 2004 appropriation date, all with a priority date of December 29, 2004, H. Bailey Well No. 7, Permit

No. 53609-F, issued on July 26, 2000, for ordinary household purposes inside two (2) single family dwellings, irrigation of not more

than 500 sf of home gardens and lawns, and watering of domestic animals (two head of livestock), at a rate of 15 g.p.m. not to exceed

0.8 acre-foot (260,680 gallons) (see Basalt Water Conservancy District Contract No. 329), at a point located 650 feet south of the north

section line and 450 feet west of the east section line in the NE¼ NE¼ of Section 34, T. 7 S., R. 88 W., 6th P.M. The true location is at

a point located 1460 feet south of the north section line and 25 feet west of the east section line in the SE¼ NE¼ of Section 34, T. 7 S.,

R. 88 W., 6th P.M. The Applicant shall apply for a new non-exempt well permit reflecting the correct location of the well. This water

right is for 15 g.p.m. for ordinary household purposes inside two (2) single family dwellings, irrigation of not more than 500 sf of home

gardens and lawns, and watering of domestic animals (two head of livestock) not to exceed 0.8 acre-foot (260,680 gallons), with a July

26, 2000 appropriation date, and commercial and stock watering uses with a December 29, 2004 appropriation date, all with a priority

date of December 29, 2004. 4. Detailed outline of work done to complete the project and apply water to beneficial use: Applicant has

incurred expenditures of over $ 297,000, during the diligence period to operate, maintain, repair, replace, and improve the water rights

and water facilities associated with the subject water rights, and to divert and place the water to beneficial uses, including: A. pumping

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and use of water from the Foley Well and the Bailey Wells Nos. 1 through 7; B. negotiating with the Town of Carbondale regarding

well spacing waivers and related matters in connection with certain wells; and C. completing the following work and services, and

incurring the following costs for maintenance, repair, replacement, and operation of the subject wells: i. Foley Well services the Main

Barn, Mares Wing, Apartment/Shop, Tack Room, Small Barn, Small Barn Addition, Horse Washer, Main Barn Corrals and Small Barn

Corrals. This is a drilled well with a submersible pump running water through an array of water treatment equipment, meter, pressure

tank, water heaters, horse waterers, approximately 1800 feet of waterline and the electrical services. Applicant has spent in excess of

$73,000 have for drilling, casing, pump, booster pumps, waterlines, electric services, treatment equipment, meter, valves, controls,

filters, in-house piping, 2017 pump replacement (spare pump kept on-site), and annual maintenance, ii. Bailey Well No. 1 services the

Hay Pasture & SR1 Pasture livestock water needs. This is an excavated well with two 4 foot concrete ring sump structures, submersible

pump, protective shelter, hydrant, meter, pressure tank, water tank, approximately 50 feet of waterline & electrical service. Applicant

has spent in excess of $20,500 for excavation, structure, pump, meter, electric service, waterlines, and annual maintenance, iii. Bailey

Well No. 2 services the Bunk House, Gym, Farrier Shed and livestock water needs. This is a drilled well with a submersible pump

running water through an array of treatment equipment, pressure tank, meter, water heaters, horse waterers, approximately 520 feet of

waterline and the electrical services. Applicant has spent in excess of $27,500 for drilling, casing, pump, waterlines, electric services,

water treatment equipment, valves, controls, filters, in-house piping, and annual maintenance, iv. Bailey Well No. 3 services the Main

Residence, Garage and Attached Dwelling Unit. This is an excavated well with a 4 foot concrete ring sump structure, submersible pump

running water through an array of water treatment equipment, pressure tanks, meter, water heaters and approximately 230 feet of

waterline and the electrical services. Applicant has spent in excess of $62,000 for excavation, structure, pump, waterlines, meter, electric

services, water treatment equipment, valves, controls, filters, in-house piping, 2018 upgrade treatment equipment, and annual

maintenance, v. Bailey Well No. 4 services the SR2 Pasture livestock water needs. This is an excavated well with two 4 foot concrete

ring sump structures, submersible pump, protective shelter, pressure tank, hydrant, meter, water tank, approximately 130 feet of

waterline and electrical service. Applicant has spent in excess of $22,500 for excavation, structures, pump, waterlines, meter, electric

service and annual maintenance, vi. Bailey Well No. 5 services the SR8 Pasture livestock water needs. This is an excavated well with a

4 foot concrete ring sump structure, a submersible pump, a protective shelter, a pressure tank, hydrant, meter, water tank, approximately

250 feet of waterline and electrical service & control panel. Applicant has spent in excess of $25,500 for excavation, structures, pump,

waterlines, meter, electric service, and annual maintenance, vii. Bailey Well No. 6 services the SR3, SR4, SR4, SR5, SR6 & SR7

Pastures and the IR Slough horse shelters livestock water needs. This is a drilled well with an underground 4 foot concrete ring protective

structure, submersible pump, pressure tank, 8 hydrants, meter, 8 water tanks, approximately 850 feet of waterline and electrical service.

Applicant has spent in excess of $35,500 for drilling, casing, pump, electric services, meter, waterlines, hydrants, and annual

maintenance, viii. Bailey Well No. 7 services the SR8 Pasture livestock water needs This is an excavated well with a 4 foot concrete

ring sump structure, a submersible pump, a protective shelter, a pressure tank, hydrant, meter, water tank, approximately 700 feet of

waterline and electrical service. Applicant has spent in excess of $30,500 for excavation, structures, pump, waterlines, meter, electric

service, and annual maintenance. Accordingly, Applicant requests a finding of reasonable diligence with respect to any portion of the

subject water rights that the Court does not make absolute as set forth below. 5. Claim to Make Absolute a Portion of Water Rights:

During the diligence period, Applicant diverted and placed to beneficial use water from the Foley Well (for commercial use) and from

Bailey Wells Nos. 1 through 7. The annual accounting submitted to the Division Engineer that demonstrates such diversions and uses

are attached hereto as Exhibit B. The location of the use of the subject water rights is indicated on Exhibit A. 6. Ownership: Applicant

is the owner of the structures described in this Application. WHEREFORE, Applicant seeks a finding that Applicant has made absolute

the water rights described in paragraph 3 above, or else that it has exercised reasonable diligence with respect to any water right or

portion of any water right not made absolute, and such other and further relief as this Court deems just and proper. (7 pages + Exhibits)











20CW3048(13CW3014) (06CW163) (99CW226) (91CW243). DISTRICT COURT, WATER DIVISION NO. 5, STATE OF

COLORADO, 109 8th STREET, SUITE 104, GLENWOOD SPRINGS, COLORADO 81601. IN THE MATTER OF THE

APPLICATION FOR WATER RIGHTS OF OWL CREEK MEADOWS, LLC, IN PITKIN COUNTY, COLORADO.

APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE WATER RIGHTS ABSOLUTE. 1. Name,

Address and Telephone Number of Applicant: Owl Creek Meadows, LLC ("Meadows"), P.O. Box 7877, Aspen, Colorado 81612, Direct

all pleadings to: Kristin H. Moseley, Gunnar J. Paulsen, Porzak Browning & Bushong LLP, 2120 13th Street, Boulder, CO 80303. 2.

Description of Conditional Water Rights: A. Structures: i. Mitchell Pond No. 1 Second Enlargement, ii. Owl Creek Ranch - South

Ponds #1 through #8, iii. Owl Creek Ranch - South Augmentation Ponds #1 and #2, iv. Owl Creek Ranch - South Pump and Pipeline,

v. Owl Creek Ranch - South Well #1, vi. Owl Creek Ranch - South Well #2, vii. Owl Creek Ranch - South Wells #3, #4 and #5. A map

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denoting the decreed locations for the above referenced structures is attached hereto as Exhibit A. B. Decrees: In Case No. 91CW243

on October 8, 1993, the District Court in and for Water Division No. 5, State of Colorado (the “Water Court”) awarded conditional

water rights for Mitchell Pond No. 1 Second Enlargement, Owl Creek Ranch – South Ponds #1 through #8, Owl Creek Ranch – South

Augmentation Ponds #1 and #2, Owl Creek Ranch – South Pump and Pipeline, Owl Creek Ranch – South Well #1, Owl Creek Ranch

– South Well #2, and Owl Creek Ranch – South Wells #3, #4, and #5. Portions of these water rights have subsequently been made

absolute and findings of diligence for the remaining conditional amounts and uses occurred in Case Nos. 13CW3014, 06CW163, and

99CW226. C. Locations: i. Mitchell Pond No. 1 Second Enlargement: The decreed location is the NE1/4 NW1/4 of Section 4, T. 10 S.,

R. 85 W., 6th P.M., at a point 425 feet South of the North line and 3170 feet West of the East line of said Section 4, ii. Owl Creek Ranch

- South Ponds #1 through #8: The decreed location of these ponds is the SW1/4 of Section 4, the S1/2 of Section 5, and the N1/2 of

Section 8, T. 10 S., R. 85 W., 6th P.M, iii. Owl Creek Ranch - South Augmentation Ponds #1 and #2: The decreed location of these

ponds is the SW1/4 of Section 4, S1/2 of Section 5, and the N1/2 of Section 8, T. 10 S., R. 85 W., 6th P.M, iv. Owl Creek Ranch - South

Pump and Pipeline: The point of diversion is located in the NE1/4 SE1/4 of Section 5, T. 10 S., R. 85 W., 6th P.M. at a point whence

the East 1/4 corner of said Section 5 bears N. 70 degrees E., 3,250 feet, v. Owl Creek Ranch - South Well #1: The decreed location is

2600 feet North of the South Section line, and 2250 feet West of the East Section line of Section 5, T. 10 S., R. 85 W., 6th P.M., vi. Owl

Creek Ranch - South Well #2: The decreed location is 2200 feet North of the South Section line and 4900 feet West of the East Section

line of Section 4, T. 10 S., R. 85 W., 6th P.M., vii. Owl Creek Ranch - South Wells #3, #4 and #5: The decreed location for these wells

is the SW1/4 of Section 4, the S1/2 of Section 5, and the N1/2 of Section 8, T. 10 S., R. 85 W., 6th P.M. D. Sources: i. Mitchell Pond

No. 1 Second Enlargement; Owl Creek Ranch – South Augmentation Ponds #1 and #2: Spring and Owl Creeks, tributary to the Roaring

Fork River, tributary to the Colorado River, ii. Owl Creek Ranch – South Ponds #1 through #8: the source is Owl and Spring Creeks

and groundwater from the Owl Creek Ranch – South Wells #1 through #5, all tributary to the Roaring Fork River, tributary to the

Colorado River, iii. Owl Creek Ranch – South Pump and Pipeline: the source is Spring Creek, tributary to the Roaring Fork River,

tributary to the Colorado River, iv. Owl Creek Ranch – South Wells #1 through #5: the source is groundwater tributary to the Roaring

Fork River, tributary to the Colorado River. E. Appropriation Dates: i. Mitchell Pond No. 1 Second Enlargement: April 1, 1991, ii. Owl

Creek Ranch - South Ponds #1 through #8; Owl Creek Ranch – South Augmentation Ponds #1 and #2; Owl Creek Ranch – South Pump

and Pipeline: November 26, 1991, iii. Owl Creek Ranch – South Well #1: March 5, 1991, iv. Owl Creek Ranch – South Well #2: March

15, 1991, v. Owl Creek Ranch – South Wells #3, #4, and #5: The original decree is silent regarding the date of appropriation. F.

Amounts: i. Mitchell Pond No. 1 Second Enlargement: 6 acre-feet, conditional, ii. Owl Creek Ranch – South Pond #1: 0.11 acre-feet,

absolute for all uses; 1.89 acre-feet, conditional for all uses, iii. Owl Creek Ranch – South Ponds #2 through #8: 2 acre-feet each,

conditional, iv. Owl Creek Ranch – South Augmentation Ponds #1 and #2: 6 acre-feet each, conditional, v. Owl Creek Ranch – South

Pump and Pipeline: 0.5 cubic feet per second (“cfs”), conditional, vi. Owl Creek Ranch – South Well #1: 35 gallons per minute (“gpm”)

(0.078 cfs), conditional, vii. Owl Creek Ranch – South Well #2: 60 gpm (0.134 cfs), conditional, viii. Owl Creek Ranch – South Wells

#3, #4, and #5: 30 gpm (0.067 cfs), conditional. G. Uses: i. Mitchell Pond No. 1 Second Enlargement: domestic, commercial, livestock,

irrigation, recreation, and all other beneficial uses, ii. Owl Creek Ranch – South Ponds #1 through #8; Owl Creek Ranch – South

Augmentation Ponds #1 and #2: domestic, commercial, livestock, irrigation, recreation, and firefighting uses, iii. Owl Creek Ranch –

South Pump and Pipeline; Owl Creek Ranch – South Wells #1 through #5: domestic, commercial, livestock, irrigation, recreation, filling

of the Owl Creek Ranch – South Ponds, and firefighting purposes. 3. Claim to Make Absolute: Owl Creek Ranch South Pond # 2 has

been fully constructed, lined and filled with a surface area of 0.333 acres and a volume of 1.21 acre-feet as of March 30th, 2020. There

was no local call or call on the Roaring Fork River or Colorado River on March 30th, 2020, thus Owl Creek Ranch South Pond # 2 was

filled in-priority. By virtue of C.R.S. § 37-92-301(4)(e) and the evidence presented that Owl Creek Ranch South Pond # 2 has been

filled to its full as-built capacity, Meadows seeks to make Owl Creek Ranch South Pond # 2 absolute for 1.21 acre-feet for all decreed

uses. Meadows seeks to maintain diligence on the 0.79 acre-feet of Owl Creek Ranch South Pond #2 that remains conditional. A map

depicting the location of Owl Creek Ranch South Pond # 2 is attached hereto as Exhibit B. Photographs depicting Owl Creek Ranch

South Pond # 2 and its construction are attached hereto as Exhibits C-1 through C-7. A copy of the Acknowledgement of Notice of

Intent to Construct a Non-Jurisdictional Water Impoundment Structure from Water Division No. 5 is attached as Exhibit D, and a copy

of the stage capacity curve for Owl Creek Ranch South Pond # 2 is attached as Exhibit E. 4. Claim for Finding of Reasonable Diligence:

During the requisite diligence period, Meadows incurred expenses in excess of $450,000 in the process of designing, constructing,

maintaining and improving its conditional water rights and associated real property and applying the subject conditional water rights to

their decreed beneficial uses. Specifically, Meadows has engaged in the following activities: Meadows constructed, lined and filled

Owl Creek Ranch South Pond #2 in the amount of 1.21 acre feet. Colorado Excavating, LLC was retained to construct the pond,

including but not limited to excavation, drainage and outlet works. Evoqua Water Technologies, Inc. was retained to design and install

an impermeable liner in Owl Creek Ranch South Pond # 2. Core & Main, LP was also retained to provide necessary piping and drain

infrastructure associated with the construction of Owl Creek Ranch South Pond #2. High Country Engineering, Inc. surveyed Owl

Creek Ranch South Pond #2 and other planned pond locations. Meadows engaged in significant irrigation efficiency and landscape

planning throughout the diligence period. Colorado Outdoor Environments, Inc. was also retained to assist with irrigation efficiency

and sprinkler design planning. Consilium Design was retained for landscape design and planning. Meadows consistently measured and

maintained records for four piezometers installed to monitor groundwater levels for contemplated development of Owl Creek Ranch

South Augmentation Ponds # 1 and # 2, and Owl Creek Ranch South Pond # 2 through # 8. Resource Engineering, Inc. has served as

Meadows long term water resources engineering consultant. During the pertinent diligence period, Resource Engineering assisted in

designing Owl Creek Ranch South Ponds #3 through #5 and prepared conceptional grading plans for Owl Creek Ranch South

Augmentation Ponds #1 and #2. Resource Engineering assisted in designing significant repairs and piping of the historic Willow &

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Owl Ditch. Meadows retained the law firm of Porzak Browning & Bushong LLP in furtherance of developing and maintaining its

conditional water rights. This included prosecution of Case No. 05CW273, and evaluation of conditional well and storage options.

Meadows finalized an augmentation plan in Case No. 05CW253, which modified the original augmentation plan decreed in Case No.

91CW243 in order to add Ruedi Reservoir as an additional augmentation source pursuant to a contract with the Basalt Water

Conservancy District, as well as clarify the location of irrigated acreage associated with the augmentation plan. Meadows has continued

to maintain the Basalt Water Conservancy District contract and Resource Engineering has assisted in analysis of the location of dry-up

of irrigated acreage associated with contemplated development on the Meadows property. All of the above described expenditures and

activities are necessary to put to conditional water rights to beneficial use. 5. Name and address of owner upon which the subject rights

are located: Meadows. WHEREFORE, Meadows respectfully requests that the Court enter the following findings: A. 1.21 acre-feet out

of 2.0 acre-feet of Owl Creek Ranch South Pond No. 2 is made absolute for all decreed uses, B. Meadows exercised reasonable diligence

during the preceding diligence period in the development of all water rights that are the subject of this Application, and all portions

thereof not made absolute are continued as conditional in full force and effect for all remaining amounts and uses. (8 pages + Exhibits)











20CW3049 PITKIN COUNTY, CAPITOL CREEK. Application for Findings of Reasonable Diligence and to Make Absolute.

Wieben Ranch, LLC, c/o Ryan Jarvis & Jeff Houpt of Beattie, Houpt & Jarvis, 932 Cooper Ave, Glenwood Springs, 970-945-8659. All

structures: Original decree entered on 10/07/07 in 06CW49; subsequent decree entered on 03/27/14 in 13CW3046. All structures operate

pursuant to the plan for augmentation decreed in 06CW49 and BWCD Allotment Contract No. 493. Capitol Falls Ditch Enlargement:

Location: The ditch has a decreed point of diversion at a point in the NE¼ SW¼ NW¼, Sec 35, T 9 S, R 87 W 6th PM, at a point on the

W bank of Capitol Creek about ¾ of a mile below the mouth of Fall Creek and about 200 yards above what is known as Beaver Dam

Falls on Capitol Creek. The description of the point of diversion is derived from the “Findings and Decree” in CA-1907, District Court,

Garfield County, Colo. UTM coordinates are 319821E, 4343906N, NAD83 Zone 13. Source: Capitol Creek. Appropriation date:

10/20/04. Amount: 1.0 cfs, conditional. Uses: To fill and refill Wieben Pond No. 1 and Wieben Pond/Well No. 2 for subsequent use of

fire protection, stock water, piscatorial, recreational, and augmentation purposes. Date water applied to beneficial use: 06/23/17. Amount

of water applied to beneficial use: 1.0 cfs. Uses of water applied to beneficial use: Same as Uses described above. Description of place

of use: Water diverted for storage in Wieben Pond No. 1 and Wieben Pond/Well No. 2. Structure: Wieben Pond No. 1: Location: In the

SE¼ NW¼, Sec 18, T 9 S, R 86 W 6th PM; the outlet for Wieben Pond No. 1 is located 2,600 ft S of N sec line and 2,200 ft E of W sec

line of said Sec 18. UTM coordinates are 323978E, 4348551N, NAD83 Zone 13. Source: Capitol Creek. Appropriation date: 10/20/04.

Amount: 5.0 af, conditional. Uses: Fire protection, stock water, piscatorial, recreational, and augmentation purposes. Date water applied

to beneficial use: 06/23/17. Amount of water applied to beneficial use: 5.0 af. Structure: Wieben Pond/Well No. 2: Location: In the

NW¼ SE¼, Sec 18, T 9 S, R 86 W 6th PM; the outlet point for Wieben Pond/Well No. 2 is 2,330 ft N of S sec line and 1,710 ft W of E

sec line of said Sec 18. UTM coordinates are 323978E, 4348551N, NAD83 Zone 13. Source: Groundwater trib to Little Elk Creek, local

runoff, and the Capitol Falls Ditch Enlargement (Capitol Creek). Appropriation date: 05/15/80. Amount: 4.0 af, conditional. Uses: Stock

water (May to October only), piscatorial, and recreational. Date water applied to beneficial use: 06/23/17. Amount of water applied to

beneficial use: 4.0 af. Wieben Ranch Exchange: Upstream termini: (a) The Capitol Falls Ditch headgate, which is located in the SE¼

NE¼ of Sec 34, T 9 S, R 87 W 6th PM, at a point which is 400 ft from E sec line and 2,130 ft from N sec line of said Sec 34. UTM

coordinates are 319821E, 4343906N; (b) The Wieben Pond/Well No. 2, which is located in the NW¼ SE¼, Sec 18, T 9 S, R 86 W 6th

PM; the outlet point for Wieben Pond/Well No. 2 is 2,330 ft N of S sec line and 1,710 ft W of E sec line of said Sec 18. UTM coordinates

are 323978E, 4348551N, NAD83 Zone 13. Downstream terminus: The confluence of the Roaring Fork and Colorado Rivers which is

located in the SE¼ NW¼ of Sec 9, T 6 S, R 89 W 6th PM, at a point which is 2,380 ft from W sec line and 2,300 ft from N sec line of

said Sec 9. UTM coordinates are 299764E, 4380332N. Appropriation date: 03/31/06. Maximum rate of exchange: 0.01 cfs, conditional

(2.0 af per year). The Application on file with the court includes a list of activities demonstrating diligence. (7 pages)









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20CW3050 (13CW3018) (04CW17) (97CW148). IN THE MATTER OF THE APPLICATION FOR FINDING OF

REASONABLE DILIGENCE OF M.R. Lookout, LLC; J.D. Lookout, LLC; Flying Finger LLC; and Caroline APTS. Co. IN

GARFIELD COUNTY, COLORADO. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. 1. Name and Address

of Applicants: M.R. Lookout, LLC; J.D. Lookout, LLC; Flying Finger LLC; and Caroline Apts. Co. (“Applicants”), c/o Morgan Reed

Group, 5161 Collins Avenue, PHD, Miami Beach, FL 33140. Direct all pleadings to: Kristin H. Moseley, Gunnar J. Paulsen, Porzak

Browning & Bushong LLP, 2120 13th Street, Boulder, Colorado 80302. 2. Description of Conditional Water Right: a. Red Ditch Pump

and Pipeline. i. Decrees: The Red Ditch Pump and Pipeline was decreed by the District Court in and for Water Division No. 5 (“Water

Court”) in Case No. 97CW148, dated January 23, 1998. Findings of diligence were made by the Water Court in Case No. 04CW17,

dated May 29, 2007, and in Case No. 13CW3018, dated March 9, 2014. In Case No. 13CW3017, also dated March 9, 2014, the Water

Court decreed a change to the Red Ditch Pump and Pipeline to correct the legal description of the decreed location. ii. Decreed Location

of Point of Diversion: SE1/4 of the NE1/4 of Section 24, T. 6 S., R. 89 W. of the 6th P.M. at a point 1,103 feet from the East Section

line and 2,677 feet from the South Section line of said Section 24. iii. Source: Red Canyon Creek, tributary to the Roaring Fork River

and tributary to the Colorado River. iv. Appropriation Date: June 6, 1997. v. Amount: 3.0 c.f.s., conditional. vi. Decreed Uses: Irrigation.

A map depicting the location of the Red Ditch Pump and Pipeline is attached as Exhibit A. 3. Work Done to Complete Project and

Apply Water to Beneficial Use: The Red Ditch Pump and Pipeline is one of several water rights held by the Applicants for use in an

integrated water supply system for Lookout Mountain Ranch, a development located in Garfield County. During the diligence period

since the decree was entered in Case No. 13CW3018, Applicants undertook the following specific activities that demonstrate diligence

regarding the subject conditional right: The Applicants retained Joel McGuire of Phelps Engineering to investigate master planning,

land use and development for the property. This includes investigation of options to develop the property pursuant to Garfield County

development guidelines or potential annexation of the western portion of the property into the City of Glenwood Springs; The Applicants

have performed roadwork infrastructure improvements over recent years in order to prepare the property for residential development;

The Applicants filed their Application for Finding of Reasonable Diligence in Case No. 17CW3087 for the Lookout Mountain Ranch

Pond Nos. 1 – 8 and the Red Ditch Pump and Pipeline, First Enlargement, which are key features of the Lookout Mountain Ranch

development. The Water Court decreed a finding of diligence in Case No. 17CW3087 on December 17, 2017; Applicants have paid

annually for their water allotment contract from the Basalt Water Conservancy District, and anticipate using the water service provided

under this contract as the property is developed; The Applicants have monitored water right applications filed by other appropriators in

the area to ensure that its rights are not injured; and Applicants have continued to satisfy preconditions to developing Lookout Mountain

Ranch including working with local governments on obtaining necessary infrastructure approvals, investigating development strategies,

and meeting with an engineering firm to move forward with roadway studies and analysis. All the above-described activities are

necessary to apply the subject water right to the beneficial use for which it is decreed. Applicants fully intend to develop and utilize the

subject conditional water right to its full decreed amount and have no intention of abandoning the subject water right. 4. Ownership:

The decreed location of the Red Ditch Pump and Pipeline is located on land owned by Wayne Rudd, 132 Park Avenue, Basalt, CO

81621. WHEREFORE, Applicants request that the court enter a final decree (i) finding that the Applicant has been reasonably diligent

with respect to the conditional portion of the subject water rights; (ii) continuing the conditional subject water right, and (iii) granting

such other relief as may be appropriate and consistent with this application. (5 pages + Exhibit)










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

20CW3002 EAGLE COUNTY. YARMONY CREEK, TRIB. TO COLORADO RIVER. Application for Finding of Reasonable

Diligence and to Make Absolute, in Part. Applicant: Andrea J. Reiman, c/o Balcomb & Green, P.C., P.O. Drawer 790, Glenwood

Springs, CO 81602; 970-945-6546. Summary of Application: Applicant requests a finding of reasonable diligence in the development

of the cond. water right for the Bailey Mesa Pond No. 2 (“Subject Water Right”) and to make it absolute, in part. Prior Decree Info.:

The Subject Water Right was orig. decreed in Case No. 03CW295, entered in Dist. Court, Water Division 5 on 8/20/2007. A finding of

reasonable diligence was entered on 1/24/2014 in Case No. 13CW3035, Dist. Court, Water Division 5. Structure: Bailey Mesa Pond

No. 2. Decreed Location: NE1/4 NE1/4, Sec. 8, T. 2 S., R. 83 W., 6th P.M. at a pt. 625 ft. from the N. Line and 400 ft. from the E. Line

of said Sec. 8. Applicant has applied to correct the legal description to the following location: NE1/4 NE1/4 of Sec. 8, T. 2 S., R. 83

W., 6th P.M. at a pt. 715 ft. from the N. Line and 180 ft. from the E. Line of said Sec. 8, Case No. 20CW3001. See attached engineering

report attached to application as Exhibit A. Source: Yarmony Creek, trib. to the Colorado River. The Bailey Mesa Pond No. 2 fills using

the Bailey Mesa Ditch 1st Enlargement as decreed in Case No. 03CW295 at the rate of 1.0 c.f.s. Approp. Date: 10/31/2003. Amt.: 6.0

AF, cond. Use: Aesthetic, rec. and pisc. Surface area of high water line: 0.80 acre. Max. height of dam: 10 ft. Length of dam: 450 ft.

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Capacity: Active capacity: 6 AF; Dead storage: 0.0 AF. Applicant has diligently pursued development of the Subject Water Right.

Examples of work and expenditures to establish diligence are on file with this court. Summary of Absolute Claim: Applicant placed

water from the Bailey Mesa Pond No. 2 to beneficial use and seeks confirmation that a portion of the cond. water right be made absolute

as follows: Date applied to beneficial use: 5/10/2007. Amt.: 0.374 AF. Uses: aesthetic, rec. and pisc. Amt. remaining cond.: 5.626

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

Line of said Sec. 8. Name and address of owner of the land upon which the structure is located, or upon which water is or will be placed

to beneficial use: Applicant. 10 pages.






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