division 5 water court- november 2014 resume 1. … · division 5 water court- november 2014 resume...

DIVISION 5 WATER COURT- NOVEMBER 2014 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 NOVEMBER 2014. The water right claimed by this

application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected

rights must appear to object and protest within the time provided by statute, or be forever barred.

14CW21 MESA COUNTY- PRIOR GULCH TRIBUTARY TO PLATEAU CREEK TRIBUTARY TO THE COLORADO

RIVER. Tom Schindler; 16563 Kimball Creek Rd.; Collbran, CO 81624 (970)260-3420. Schindler Spring-Application for Absolute

Water Rights (Surface). Location: SE¼SW¼ of Sec. 26, T.9S, R.95W., 6th

P.M. 984 ft. from the south sec. line and 1,669 ft. from the

west sec. line. Amount: 7.5 g.p.m. Use: domestic. (6 pgs.)

YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JANUARY 2015 to file with the Water Clerk a

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

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

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

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

81601.






14CW22 MESA COUNTY – COLORADO RIVER. Window Lake LLC, a Colorado Limited Liability Company by and through its

Managing/Member Robert D. Small; P.O. Box 447; Silverthorne, CO 80498. (970)468-2079. Adams Pit No. 512 Pump Station,

Adams South Lake Well & Window Lake Diversion-Application for Reasonable Diligence for Water Storage Right and for Surface

Water Right. Adams Pit No. 512 Pump Station-NW¼NE¼ of Sec. 16, T.1S., R.1W. of the Ute P.M., 2,500 ft. from the east sec. line

and ,1250 ft. from the North sec. line. Appropriation: Oct. 3, 1977. Amount: 1.0 c.f.s. absolute and 4.0 c.f.s. conditional for piscatorial

purposes; 3.0 c.f.s. absolute and 2.0 c.f.s. conditional for industrial purposes; 5.0 c.f.s. conditional for domestic and irrigation

purposes.Use: industrial purposes for evaporation, dust control and piscatorial. Adams South Lake Well- SE¼NW¼ of Sec. 16, T.1S,

R.1W.,Ute P.M. at a point 1,800 ft. from the north sec. line and 2,800 ft. from the east sec. line. Appropriation: Feb. 26, 2007.

Amount: 0.19 c.f.s. conditional for wildlife watering, piscatorial and recreation purposes. Window Lake Diversion- NW¼NW¼SE¼

of Sec. 16, T.1S, R.1W. Ute P.M. 2,500 ft. from the east sec. line and 2,500 ft. from the south sec. line. Appropriation: Sept. 1, 2006.

Amount: 5.0 c.f.s, conditional for wildlife watering, piscatorial and recreation purposes. An outline of work completed during the

diligence period is included in the application. (8 pgs.)






81601.






14CW3128 GRAND COUNTY - FRASER RIVER. Winter Park Water and Sanitation District, PO Box 7, Winter Park, Colorado

80482, 970-726-5041, c/o Stanley W. Cazier, P.O. Box 500, Granby, Colorado, 80446, (970)887-3376. Name of structures: Winter

Park Water and Sanitation District Pipeline No. 2 and Pipeline No. 3; Decreed 11/5/2008, 05CW269; Locations: Pipeline No. 2

located on the west bank of the Fraser River, near the Moffat Tunnel and just south of the train trestle, in the SE1/4NE1/4 unsurveyed

Section 10, Township 2 South, Range 75 West, 6th

P.M. at a point approximately 7,880 feet south of the south section line of S34 T1S

R75W of the 6th

P.M., and approximately 3,890 feet east of a line extended south from the west section line of S34 T1S R75W of the

6th

P.M.; Pipeline No. 3 located on the west bank of the Fraser River, just upstream of Cooper Creek, in the SE1/4SW1/4 unsurveyed

Section 3, Township 2 South, Range 75 West, 6th

P.M. at a point approximately 4,530 feet south of the south section line of S34 T1S

R75W of the 6th

P.M., and 1,890 feet east of a line extended south from the west section line of S34 T1S R75W of the 6th

P.M.

Source: Fraser River; Appropriation Date: 12/14/2005; Amount: 2.25 cfs for both points of diversion, conditional: Use: All

municipal uses including irrigation, industrial, recreational, snowmaking, domestic, commercial, augmentation and exchange. The

application contains a detailed outline of the work performed during diligence period. (9 pages)




NOVEMBER 2014 RESUME

WATER DIVISION 5 PAGE 2



81601.






14CW3129 PITKIN COUNTY. SNOWMASS CREEK, TRIBUTARY TO THE ROARING FORK AND COLORADO

RIVERS. John L. Zabriskie, Jr. Revocable Trust and Adelaide W. Zabriskie Revocable Trust dated September 3, 1998, Adelaide

Zabriskie, Executor and Trustee c/o Western Slope Water Rights, LLC, Tom Kinney, Esq., 0274 Crystal Park Drive, Redstone, CO

81623, (970) 510-0650. APPLICATION FOR SURFACE WATER RIGHT, STORAGE WATER RIGHT, CHANGE OF WATER

RIGHT AND PLAN FOR AUGMENTATION. Applicants request entry of a Decree awarding new surface and storage water rights,

changes of water right and approving a plan for augmentation described as follows: Zabriskie Pond. 0.717 a-f, abs., on-channel, non-

jurisdictional reservoir having dam height less than 10 feet and a high water line surface area of 0.231 acre located on Applicants’ real

property within the NE¼SW¼NW¼ and the NW¼SE¼NW¼, Sec. 2, T.9S., R.86W., 6th P.M., approx. 1,691 ft. from north and 1,349

ft. from west section lines of said Sec. 2 according SEO AquaMap, filled from Snowmass Creek, tributary to the Roaring Fork and

Colorado Rivers, via a lateral of Williams No. 4 Ditch pursuant to Applicants’ requested changes of 0.0132 cfs (6 gpm) of their

0.475 cfs of a total of 4.0 cfs, absolute, Williams No. 4 Ditch, Priority 63A irrigation water right, and also filled by surface water from

an unnamed stream tributary to the Williams No. 4 Ditch and Snowmass Creek at a diversion rate of 0.36 cfs, conditional, for stock

watering, recreation, wildlife watering, piscatorial and fire suppression beneficial uses with an appropriation date of September 27,

2013; Williams No. 4 Ditch, Priority 63A. Applicants’ request changes of the place and type of beneficial use of 0.0132 cfs of their

0.475 cfs of a total of 4.0 cfs, abs., Williams No. 4 Ditch, Priority 63A, irrigation water right having an appropriation date of May 1,

1883 during the historical irrigation season resulting from drying up 2.57 acres of Applicants’ pasture under the Williams No . 4 Ditch

having a historical consumptive use ratio of 1.03 a-f/a irrigated for a total of 2.64 a-f having a maximum associated consumptive use

diversion rate of 0.0132 cfs during July for filling the Zabriskie Pond for stock watering, recreation, wildlife watering, piscatorial and

fire suppression uses; Plan for Augmentation. Applicants request approval of a plan for augmentation operating during the irrigation

and non-irrigation seasons with releases of water stored in priority from the Zabriskie Pond and/or releases of water from Ruedi

Reservoir and bypass of historical irrigation consumptive use credits pursuant to Applicants’ Basalt Water Conservancy District

(“BWCD”) ‘Area B’ Water Allotment Contract No. 642 to replace out-of-priority depletions resulting from Zabriskie Pond surface

evaporation and out-of-priority depletions resulting from beneficial uses in and from the Zabriskie Pond to meet senior-priority water

right calls originating in the reach of Snowmass Creek from the tail of the Williams No. 4 Ditch downstream to the confluence of

Snowmass Creek with the Roaring Fork, in the reach of the Roaring Fork River from the confluence of Snowmass Creek downstream

to the confluence with the Colorado River and in the Colorado River downstream from the confluence of the Roaring Fork River. (27

pages with attached Exhibits A through G). (27 pgs)






81601.






14CW3130 GRAND COUNTY – WATER DIVISION NO. 5. Peter Selner and Amy Selner-Brustkern, c/o Amy Selner-Brustkern,

960 S. Corona Street, Denver, CO 80209(303)778-1815, c/o Cazier and McGowan, Box 500, Granby, CO 80446, (970) 887-3376.

APPLICATION TO MAKE ABSOLUTE. (1) Structures: Selner Well No. 1 and Selner Well No. 1 Exchange. (2) Description of

Exchange: The conditional exchange was decreed in 00CW35 and allowed for the exchange of water to the location of Selner Well

No. 1 from the point where releases from Wolford Mountain Reservoir meet the Colorado River. (a) Exchange Water Source:

Wolford Mountain Reservoir and/or Granby Reservoir pursuant to a water allotment contract with Middle Park Water Conservancy

District. (b) Description of Exchange Reach: The upstream terminus is the location of Selner Well No. 1, which is described as the

NE1/4 SE1/4 of Sec 12, T3N, R76W, 6th

P.M, 1760 feet from the South line and 1275 feet from the East line of said Sec 12. The

downstream terminus is the point on the Colorado River where releases from Wolford Mountain Reservoir meet the Colorado River.

Releases from Wolford Mountain Reservoir meet the Colorado River in the NW1/4NE1/4 of Sec 19, T1N, R80W, 6th

P.M., at a point



approximately 2000 feet from the East line and 200 feet from the North line of said Sec 19. (c) Date of Appropriation of Exchange:

March 14, 2000. (d) Exchange Amount: 0.0009 cfs, limited to 0.2 af/yr. (e) Exchange - Claim to Make Absolute: Applicants

request an absolute water right for the exchange in the amount of 0.0009 cfs for a total of 0.2 af. Selner Well No. 1 has been

constructed, is in use and MPWCD replacement water has been simultaneously released to augment out-of-priority well pumping. (f)

Date of Beneficial Use: June 21, 2012. (3) Description of Selner Well No. 1 Right: The conditional water right for Selner Well No.

1 was decreed in 06CW276. (a) Source: Groundwater connected to Shadow Mountain Reservoir, tributary to the Colorado River. (b)

Appropriation Date: March 15, 2000. (c) Amount: 8 gpm. (d) Legal Description: Selner Well No. 1 location is described in (2)(b),

above. (e) Use: In-house within two single family residences. (f) Depth: 135 feet. (g) Well - Claim to Make Absolute: Selner

Well No. 1 has been permitted, drilled and is in use as the water supply for two single family residences. Applicants claim an absolute

water right for Selner Well No. 1 in the amount of 8 gpm for in-house use within two single family residences. (h) Date of Beneficial

Use: June 21, 2012. Selner Well No. 1 is located on Applicants property. Exh A (Well Location Map), Exh B (Map of Downstream

Terminus), Exh C (Well Permit), Exh D (2012 Memo Documenting Aug Water Release) attached to Application. (16 pages)






81601.






14CW3131 GRAND COUNTY, WATER DIVISION NO. 5. (1) Applicant: Middle Park Water Conservancy District, PO Box

145, Granby, CO 80446, c/o Stanley W. Cazier, Cazier & McGowan, Box 500, Granby, CO 80446, (970) 887-3376. (2)

APPPLICATION FOR FINDING OF REASONABLE DILIGENCE FOR RIGHT OF SUBSTITUTION INCUDING

EXCHANGE. (3) Name of Structure: Wolford Mountain for Windy Gap Substitution including exchange. Application lists

previously approved entities and water right decrees covered by the substitution. (4) Date of Original Decree: 11/2/2008, Case No.

02CW375, Water Division No. 5. (5) Location: Granby Reservoir is located in parts of Township 3 North, Township 2 North,

Range 76 West and Township 2 North, Range 75 West of the 6th

P.M. Wolford Mountain Reservoir, the dam of which is located in

the SW1/4NE1/4 of Section 25, Township 2 North, Range 81 West of the 6th

P.M. The names and locations (legal description) of

structures applicable to this Application are identified by their respective Water Division No. 5 Decrees, as previously adjudicated in

this Division, and are as follows: 87CW261, 94CW337, 00CW286, 84CW444, 92CW305, 85CW567, 87CW243, 84CW670,

85CW580, 86CW261, 96CW049, 84CW346, 84CW682, 87CW218, 95CW035, 01CW202, 87CW195, 87CW198, 95CW141,

98CW229, 99CW228, 85CW337, 90CW235, 84CW455, 85CW292, 80CW416 and 81CW486. (6) Source: Granby Reservoir,

Colorado River – Wolford Mountain Reservoir, Muddy Creek. (7) Uses: As described in Decrees stated in Paragraph 5. (8) Amount:

Maximum Rate of Release from Wolford Mountain as an Additional Source: 8.82 cfs, conditional, limited to 271.1 acre feet

maximum per month. (9) Application contains detailed list of work performed by Applicant. (18 pages).






81601.






14CW3132 GARFIELD COUNTY. ROARING FORK RIVER, TRIB. TO THE COLORADO RIVER AND FOUR MILE

CREEK, TRIB. TO THE ROARING FORK RIVER Application for Finding of Reasonable Diligence. Applicant: Sunlight, Inc.,

c/o Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602; 970-945-6546. Structure: Sunlight Roaring Fork Pump

and Pipeline. Orig. Decree: Case No.: 07CW58, 11/4/2008 by the Dist. Ct., Water Division No. 5, State of Colorado. Locations: Pt.

of Diversion No. 1: SE1/4, NE1/4, Sec. 34, T. 6 S., R. 89 W., 6th P.M. at a pt. 1,727 ft. from the N. Sec. line and 524 ft. from the E.

Sec. line of said Sec. 34. Pt. of Diversion No. 2: NW1/4 SW1/4, Sec. 22, T. 22 S., R. 89 W., 6th P.M., 600 ft. from the W. Sec. line

and 1,700 ft. from the S. Sec. line. Uses: Dom., irr., comm., snowmaking uses; and to fill and refill Babbish Gulch Reservoir Pond



No. 1, Babbish Gulch Reservoir Four Mile Snowmaking Pond Alt., and/or Babbish Gulch Reservoir Snowboard Park Reservoir Alt.,

for such uses; and to fill Parks Reservoir for snowmaking use. Reuse and successive use for the foregoing purposes by diverting

wastewater treatment discharges and snowmaking return flows by exchanges at those storage facilities or at Sunlight’s surface

diversions from Four Mile Creek and for augmenting out-of-priority depletions from diversions from the Roaring Fork River and Four

Mile Creek. Water that may be diverted by exchange for reuse and successive use is that amt. of return flows attributed to the

Sunlight Roaring Fork Pump and Pipeline less the amt. used to augment depletions from Four Mile Creek described in the plan for

aug. decreed in Case No. 07CW58. Amt.: 1.0 c.f.s. cond. Date of Approp.: 3/30/2007. Place of use: Sunlight Resort is located within

SW1/4 of Sec. 33, T. 7 S., R. 89, W., 6th P.M., and in Sec. 4 and 5, T. 8 S., R. 89 W., 6th P.M. The Sunlight Roaring Fork Pump and

Pipeline will deliver water from the Roaring Fork River to water treatment facilities or pre-treatment regulatory storage at Sunlight

Resort; Into Four Mile Creek for storage in any or all of the ponds and reservoirs described in the application; or To Four Mile Creek

for aug. of Four Mile Creek trib. diversions made at the Sunlight Resort pursuant to the plan for aug. decreed in 07CW58 . The water

will be discharged into Four Mile Creek at a pt. located in the SW1/4 NW1/4, Sec. 33, T. 7 S., R. 89 W., 6th P.M. at a pt. located 800

ft. from the W. Sec. line and 2,365 ft. from the N. Sec. line, and/or at any pt. downstream on Four Mile Creek selected to provide

delivery for use by calling senior rights pursuant to the plan for aug. requested herein. The pt. of discharge of Sunlight’s waste water

treatment plant to Four Mile Creek for implementation of the reuse and successive use of water is located in the NE1/4 SW1/4 of Sec.

33, T. 7 S., R. 89 W., 6th P.M., 2,700 ft. from the W. Sec. line and 2300 ft. from the S. Sec. line. Remarks: Use of the Sunlight Pump

and Pipeline is subject to the terms and conditions of Case No. 07CW58. Names of Structures: In Case No. 07CW58, Applicant was

awarded cond. water storage rights for the Parks Reservoir and the approval of fill and refill rights for the following storage structure

water rights: Babbish Gulch Reservoir Pond No. 1, decreed in Case No. 93CW196; Babbish Gulch Reservoir Four Mile Snowmaking

Pond Alt.; Babbish Gulch Reservoir Snowboard Park Reservoir Alt.; and Parks Reservoir, currently undecreed (collectively referred

to as the “Sunlight Reservoirs”). Legal Description:

TABLE 1: SUNLIGHT RESERVOIRS

Name

of

Reser

voir

Location Amt. Dead

Storage

Active

Capacity

Surface

Area

Height of

Dam

Length of Dam

Babbi

sh

Gulch

Reser

voir

Pond

No. 1

NW1/4 of Sec. 32, T. 7 S., R. 89

W. of the 6th

P.M.; beginning at a

pt. whence the NW corner of said

Sec. 32 bears N. 43°30'00" W., a

distance of 3,050 ft. to the mid pt.

of the centerline of the dam

10 AF 0.5 AF 9.5 AF 0.95

acres

12 ft. 450 ft.

Babbi

sh

Gulch

Reser

voir

Four

Mile

Snow

makin

g

Pond

Alt.

SW1/4 NE1/4 of Sec. 32, T. 7 S.,

R. 89 W. of the 6th

P.M.;

beginning at the mid-pt. of the

centerline of said dam whence the

NW corner of said Sec. 32 bears

N. 52°52'06" W. a distance of

3,149.96 ft.

4.3 AF 0.0 AF 4.3 AF 0.46

acres

Less than

ten ft.

295 ft.



Name

of

Reser

voir

Location Amt. Dead

Storage

Active

Capacity

Surface

Area

Height of

Dam

Length of Dam

Babbi

sh

Gulch

Reser

voir

Snow

board

Park

Reser

voir

Alt..

SW1/4 SW1/4 of Sec. 33, T. 7 S.,

R. 89 W. of the 6th

P.M.;



W. quarter corner of said Sec. 33

bears N. 24°08'51" W. a distance

of 2,167.55 ft.

5.22 AF 0.0 AF 5.22 AF 0.4 acres Less than

ten ft.

235 ft.

Parks

Reser

voir

NW 1/4 SE 1/4 of Sec. 4, T. 8 S.,

R. 89 W. of the 6th

P.M.;



NW corner of said Sec. 4 bears N.

46°20'00" W. a distance of 4,500

ft.

50 AF 0.0 AF 50.0 AF 2.56

acres

29ft. 870 Ft.

Structures used to fill and refill reservoir, and legal description of each pt. of diversion: The Sunlight Reservoirs are filled and refilled

using the following structures: Sunlight Roaring Fork Pump and Pipeline described above at a rate up to 1.0 c.f.s. Sunlight Feeder

Ditch Four Mile Creek Alt. Diversion Pt. at a rate up to 1.5 c.f.s., which diverts from Four Mile Creek and is located in the SW1/4

NE1/4, Sec. 32, T. 7 S., R. 89 W., 6th P.M., 2,550 ft. from the E. line and 2,100 ft. from the N. line. Date of Approp.: 3/30/2007. See

the table above for the amt. of storage claimed for the Sunlight Reservoirs. All amt. are cond. The rate of fill for these reservoirs shall

be a 1.0 c.f.s. cond. for filling the Sunlight Reservoirs using the Sunlight Resort Roaring Fork Pump and Pipeline and 1.5 cfs using the

Sunlight Feeder Ditch Four Mile Creek Alt. Diversion Pt. Uses: The Sunlight Reservoirs have the following uses: The Parks

Reservoir will be used for snowmaking purposes. Babbish Gulch Reservoir Pond No. 1, Babbish Gulch Reservoir Four Mile

Snowmaking Pond Alt., and the Babbish Gulch Reservoir Snowboard Park Reservoir Alt. fill and refill rights will have the following

uses. Dom., irr., comm., snowmaking and aug. of such uses; Reuse and successive use for the foregoing purposes by diverting

wastewater treatment discharges and snowmaking return flows by exchanges at those storage facilities or at Sunlight’s surface

diversions from Four Mile Creek consistent with paragraph 5. C. (ii), of app.; and Aug. of the foregoing uses pursuant to the plan for

aug. decreed herein. Surface area of high water line: See the table above for the Sunlight Reservoirs. Cumulative Storage Limitation:

The total annual (Water Year) storage by fill and refill by all of the cond. water storage rights identified in paragraph 4 do not exceed

135 AF. Wastewater Effluent Exchange: Amt.: 1 c.f.s., cond. Location: Upstream terminus: Sunlight Feeder Ditch Four Mile Creek

Alt. Diversion Pt., described in subparagraph 4. B. (2) of app. Downstream terminus: Outfall of the Resort wastewater treatment plant

to Four Mile Creek, described in subparagraph 3. F. (4) of app. Uses: Dom., irr., comm., snowmaking and aug. of such uses; to fill and

refill Babbish Gulch Reservoir Pond No. 1, Babbish Gulch Reservoir Four Mile Snowmaking Pond Alt., and/or Babbish Gulch

Reservoir Snowboard Park Reservoir Alt. for such uses; and to fill and refill Parks Reservoir for snowmakng. Reuse and successive

use for the foregoing purposes by diverting wastewater treatment discharges and snowmaking return flows by exchanges at those

storage facilities or at Sunlight’s surface diversions from Four Mile Creek. Aug. of the foregoing uses pursuant to the plan for aug.

and exchanges decreed in Case No. 07CW58. Date of Approp.: 3/30/2007. Total Exchange. The max. amt. of water exchanged from

the wastewater effluent exchange and the snowmaking and irr. exchange is 155.4 AF per year. Remarks: Operation of the

Wastewater Effluent Exchange is subject to the terms and conditions of Case No. 07CW58. Snowmaking Return Flow Exchange:

Amt.: 1.0 c.f.s. Location: Upstream terminus: Sunlight Feeder Ditch Four Mile Creek Alt. Diversion Pt., described in app.

Downstream terminus: The reach of Four Mile Creek within which snowmaking and irr. return flows accrue: upstream terminus:

SE1/4, NW1/4, Sec. 32, T. 7 S., R. 89 W., 6th P.M.; downstream terminus: SE1/4, NE1/4, Sec. 33, T. 7 S., R. 89 W., 6th P.M. Uses:

Dom., irr., comm., snowmaking and aug. of such uses; to fill and refill Babbish Gulch Reservoir Pond No. 1, Babbish Gulch Reservoir



Four Mile Snowmaking Pond Alt., and/or Babbish Gulch Reservoir Snowboard Park Reservoir Alt. for such uses; and to fill and refill

Parks Reservoir for snowmaking. Reuse and successive use for the foregoing purposes by diverting wastewater treatment discharges

and snowmaking return flows by exchanges at those storage facilities or at Sunlight’s surface diversions from Four Mile Creek. Aug.

of the foregoing uses pursuant to Sunlight’s plan for aug. decreed in Case No. 07CW58. Date of Approp.: 3/30/2007. Total

Exchange. The maximum amt. of water exchanged from the wastewater effluent exchange and the snowmaking and irr. exchange is

155.4 AF per year. Remarks: Operation of the Snowmaking Exchange is subject to the terms and conditions of Case No. 07CW58.

Integrated System. As decreed in Cases No. 07CW58, the Subject Cond. Water Rights are part of an integrated water supply for

Applicants’ property. "When a project or integrated system is comprised of several features, work on one feature of the project or

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

the entire project or system." C.R.S. § 37-92-301 (4) (b). Claim for finding of reasonable diligence. In the diligence period preceding

the filing of this application, Applicants have diligently pursued development of the cond. water rights decreed to the Roaring Fork

Pump and Pipeline, the Sunlight Reservoirs, Wastewater Effluent Exchange and the Snowmaking and Irr. Return Flow Exchange.

Examples of work done to establish diligence are on file with this Ct. Names and addresses of owners or reputed owners of the land

upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be

constructed or upon which water is or will be stored, including any modifications to the existing storage pool: Sunlight Resort

Roaring Fork Pump and Pipeline Pt. of Diversion No. 1: Roaring Fork Land No. 6 LLC, 333 SE 2nd

Ave. 4400, Miami FL 33131.

Sunlight Resort Roaring Fork Pump and Pipeline Pt. of Diversion No. 2: The City of Glenwood Springs, 101 W. Eighth Street,

Glenwood Springs, CO 81601. Babbish Gulch Reservoir Pond No. 1: Applicant. Babbish Gulch Reservoir Four Mile Snowmaking

Pond Alt.: Applicant. Babbish Gulch Reservoir Snowboard Park Reservoir Alt.: Applicant. Parks Reservoir: United States Forest

Service, White River National Forest, 900 Grand Avenue, Glenwood Springs, CO 81601. (11 pgs).






81601.






14CW3133 GARFIELD COUNTY, SPRINGS TRIBUTARY TO COLORADO RIVER. Iron Mountain Hot Springs LLC, 51000

Two Rivers Plaza Road, Glenwood Springs, CO 81601, (970)-618-7127, [email protected]; Applicant’s attorneys:

Mark A. Hermundstad and Kirsten M. Kurath, Williams, Turner & Holmes, P.C., P.O. Box 338, Grand Junction, CO 81502, (970)

242-6262, [email protected], [email protected]. Application For Conditional Surface Water Rights. Name of

Structures: Iron Mountain Springs No. 2A and No. 2B. Type of Structure: Springs. Legal Description of Points of Diversion: Iron

Mountain Spring No. 2A: located in Garfield County in the NW¼ of the NW¼ of Section 9, Township 6 South, Range 89 West, 6th

P.M., at a point 472 feet from the north section line and 1,160 feet from the west section line of said Section 9. The UTM coordinates

for this point are as follows: Northing: 4,380,867, Easting: 299,377, Datum: NAD83; Units: meters; Zone 13; Source: ArcGIS

Explorer Map. Iron Mountain Spring No. 2B: located in Garfield County in the NW¼ of the NW¼ of Section 9, Township 6 South,

Range 89 West, 6th P.M., at a point 478 feet from the north section line and 1,008 feet from the west section line of said Section 9.

The UTM coordinates for this point are as follows: Northing: 4,380,867, Easting: 299,424, Datum: NAD83; Units: meters; Zone 13;

Source: ArcGIS Explorer Map. Source: Springs tributary to the Colorado River. Appropriation Date: November 9, 2013. Amount

Claimed: 112 g.p.m. (0.25 c.f.s.), conditional, as the combined rate of flow for both springs. Uses: Domestic, commercial, heating,

recreational, bathing, swimming, therapeutic and medicinal purposes. Name and address of landowner: The point of diversion of Iron

Mountain Spring No. 2A is located on land owned by Colorado Department of Transportation, 202 Centennial Street, Glenwood

Springs, CO 81601. The point of diversion of Iron Mountain Spring No. 2B is located on land owned by Applicant. Remarks: Iron

Mountain Springs No. 2A and No. 2B are geothermal springs. Water from each spring is currently collected in a pipeline. The

pipelines from each spring then merge into one pipeline that currently discharges into a ditch located on real property owned by

Applicant. These pipelines were constructed prior to the time that Applicant acquired the property. The collection structures are near-

surface structures as defined in C.R.S. 37-92-103(14)(b), and any future improvements to or reconstruction of the collection structures

at the springs will also be near-surface structures. Iron Mountain Springs No. 2A and No. 2B will be developed for use on the

following described real property located in Garfield County: Lot 2, Block 1, North Glenwood Center, Glenwood Springs, Colorado;

Lot 1, Block 2, North Glenwood Center, Glenwood Springs, Colorado; Lot 8, Section 4, Township 6 South, Range 89 West, 6th

P.M.;

Lot 7, Section 9, Township 6 South, Range 89 West, 6th

P.M.; and a tract or parcel of land, known as No. E-35 of the State

Department of Highways, State of Colorado, Project No. I 70-1(8)113 Sec. 2, in Lot 8 of Section 4, Township 6 South, Range 89 West

of the 6th

Principal Meridian, said tract or parcel being more particularly described as follows: Beginning at a point from which the



SW corner of Section 4, Township 6 South, Range 89 West of the 6th P.M., bears S. 79°52`30” W., a distance of 676.5 feet; Thence S.

29°47`30” W., a distance of 336.3 feet; Thence N. 72°07 W., a distance of 130.8 feet; Thence S. 41°17’30”E., a distance of 441.9 feet,

more or less to the point of beginning. Iron Mountain Springs No. 2A and No. 2B are water rights and features of a project and

integrated system to provide a supply of water to the real property described in above. This project and integrated system also includes

the Iron Mountain Spring and the water right adjudicated to the Iron Mountain Spring by decree entered on August 24, 2014 in Case

No. 2013CW3092, District Court, Water Division No. 5. (7 pages)






81601.






14CW3134 EAGLE COUNTY; Application for Findings of Reasonable Diligence; Applicant: Town of Eagle; please direct all

correspondence to Applicant’s attorneys: Mary Elizabeth Geiger, Garfield & Hecht, PC, 420 Seventh Street, Suite 100, Glenwood

Springs, CO 81601, (970) 947-1936, [email protected]; Name of structures for which diligence is sought: Town of Eagle

Well No. 1 and Town of Eagle Well No. 2; From previous decree: Date of original decree: November 19, 1980, in Case No. W-3677,

in the District Court in and for Water Division No. 5. Subsequent findings of reasonable diligence in Case Nos. 95CW016;

01CW164; 07CW206. Locations: Town of Eagle Well No. 1 is to be located in Section 33, Township 4 South, Range 84 West of the

6th P.M. at a point whence the Southwest Corner of said Section 33 bears South 40 degrees 30' West 3870 feet, also described as

approximately 2,940 feet from the South section line and 2,515 feet from the West section line of Section 33. Town of Eagle Well No.

2 is to be located in Section 33, Township 4 South, Range 84 West of the 6th P.M. at a point whence the Southwest Corner of said

Section 33 bears South 37 degree 30' West 3640 feet; also described as approximately 2,890 feet from the South section line and 2,215

feet from the West section line. Source for both wells: groundwater being tributary to the Eagle River, tributary to the Colorado River.

Appropriation date: November 30, 1977. Amount: 0.55 c.f.s., conditional, for each well. Uses: Municipal uses including irrigation,

domestic, manufacturing, commercial, industrial, mechanical, fire protection, power generation, fish and wildlife propagation,

recreational, and storage for system balance and adjustment purposes. Owner of Land Upon Which Structures are to be Located:

Applicant. The Application contains detailed outline of what has been done toward completion of the appropriation and application of

water to a beneficial use as conditionally decreed, including expenditures. (4 pages).






81601





rights must appear to object and protest within the time provided by statute, or be forever barred. 14CW3135 EAGLE COUNTY. RANCH HOUSE DRAW. James W. Griffith, Jr., c/o Patrick, Miller, Kropf & Noto, P.C., Kevin

L. Patrick, Esq. and Jason M. Groves, Esq., 229 Midland Avenue, Basalt, CO 81621, (970) 920-1028. APPLICATION FOR

FINDING OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE. FIRST CLAIM: FOR FINDING OF REASONABLE

DILIGENCE. Name of structure: Hignett Pond. Type: Reservoir. Conditional water right description: Original decree: November 15,

1983.Case No. 82CW443, Division 5 Water Court. Subsequent diligence and change decrees: Previous diligence and change cases:

87CW259, July 22, 1988; 93CW272, June 27, 1994; 94CW146, May 1995; 00CW106, June 4, 2001; 07CW114, November 4, 2008;

and 14CW3089, pending. Legal description of Hignett Pond: The left abutment of the Hignett Pond dam is located in the NE ¼, SW

¼, Section 23, Township 7 South, Range 87 West of the 6th

P.M. at a point 1,850 feet east of the west line and 2,400 feet north of the

south. In Case No. 14CW3089, the Court transferred the remaining 3.2 acre-feet of the Hignett Pond water right to the Hignett Pond

No. 3 at the following “as-built” location: The centerline of the dam at the new place of storage is located in the SW ¼ SW ¼ of

Section 23, Township 7 South, Range 87 West, of the 6th

P.M. at a point approximately 763 feet from the west section line and 160

feet from the south section line, all in said Section 23 (Eagle County). Source: Ranch House Draw, tributary to Blue Creek, tributary

mailto:[email protected]



to the Roaring Fork River, tributary to the Colorado River. Appropriation date: June 1, 1992. Remaining conditional amount: 3.2 acre-

feet. The Hignett Pond was originally decreed for 5.0 acre feet. Of those 5.0 acre feet, 1.8 acre-feet is decreed absolute at the original

Hignett Pond location for irrigation, stock watering, piscatorial, and fish propagation uses. 3.2 acre feet of the Hignett Pond water

right is decreed absolute at the Hignett Pond No. 3 location for irrigation and stock water purposes. Remaining conditional uses: 3.2

acre feet at the Hignett Pond No. 3 location for piscatorial and fish propagation. Work to complete the appropriation, including

expenditures, is on file with the Court. If claim to make absolute. Case No. 14CW3089 is pending before the Court to transfer these

uses to the Hignett Pond No. 3. Date water applied to beneficial use: June 1, 2011. Amount: 3.2 acre-feet. Use: Piscatorial and fish

propagation. Supporting evidence: See the call chronology on file with the Court. Applicant filled the Hignett Pond No. 3 in priority

before June 1, 2011, when it was stocked with fish. Applicant owns the land where the structure is located and upon which the water is

placed to beneficial use. (18 pgs.)






81601






14CW3136 (01CW349) IN GARFIELD COUNTY, COLORADO. APPLICATION FOR FINDING OF REASONABLE

DILIGENCE AND TO MAKE WATER RIGHT ABSOLUTE. CONCERNING THE APPLICATION FOR WATER RIGHTS FOR

ANTHONY & TERESSA PERRY, CEASE CREEK RANCH. DISTRICT COURT, WATER DIVISION NO. 5, STATE OF

COLORADO. 109 - 8th Street, Suite 104, Glenwood Springs, CO 81601. 1. Name, Address, and Telephone Number of Applicant:

Anthony & Teressa Perry, Cease Creek Ranch, P.O. Box 4400, Vail, Colorado 81658. Direct all pleadings to: Glenn E. Porzak,

William D. Wombacher, Porzak Browning & Bushong LLP, 2120 13th

Street, Boulder, CO 80302. 2. Name of Structures. (a) Stephens

Pond No. 2, (b)Perry Pond No. 1, (c) Perry Pond No. 2, (d) Perry Pond No. 3. Remark: The locations of the structures listed above and

described below in Paragraph 3 as depicted on the map attached herein as Exhibit A. 3. Description of the Conditional Water Rights.

(a) STEPHENS POND NO. 2. (i) Original Decree: Stephens Pond No. 2 was originally decreed by the District Court in and for Water

Division No. 5, State of Colorado (the “Water Court”) on May 15, 1989, in Case No. 89CW018. Previous cases finding diligence

include Case Nos. 95CW082 and 01CW349. (ii) Decreed Location from Case No. 89CW018: “The decreed location of Stephens

Pond No. 2 is in Sec. 21, T. 3 S., R. 87 W. of the 6th P.M. in Garfield County. The source is Four Creek Ditch with capacity of 15

c.f.s. The primary point of diversion from said ditch is into Cease Creek at Tie #1 described to W1/4 Sec. 21, bearing N. 08º33’42” E.

a distance of 940.90’. From this point water flows through Cease Creek to Tie #2 described W1/4 Sec. 21, bearing N. 60º37’38” W. a

distance of 994.71’ diverting flow to proposed Stephens Pond No. 3 at inlet Tie #4, W1/4 Sec. 21, S. 64º30’10” W. for a distance of

772.13’ through proposed outlet Tie #5, W1/4 Sec. 21, S. 74º37’50” W. 878.69’. Flow from this point returns to Cease Creek

drainage on to a diversion point of Tie #6, W1/4 Sec. 21, bearing S. 81º54’46” W. 1800.43’ into existing ditch of 2 c.f.s. capacity to

proposed inlet of proposed Stephens Pond No. 2 at Tie #7, W1/4 Sec. 21 bearing N. 80º38’15” W. 2168.15’. Flow from pond #2

outlet Tie #8, W1/4 Sec. 21 bearing N. 80º11’34” W. 2475.68’ into natural drainage to existing inlet of Stephens Pond No. 1 located

by Tie #9, E1/4 Sec. 21, bearing N. 45º26’33” E., 1150.96’. Outlet of existing pond #1 is Tie #10, E1/4 Sec. 21, N. 25º53’41” E.,

799.74’. Flow from pond #1 is into existing drainage of Riland Creek flowing into Sweetwater Creek.” According to CDSS

Aquamap, the as-built location of Stephens Pond is in the NE1/4 SE1/4 of Sec. 21, T. 3 S., 87 W. of the 6th

P.M., at a location 1480

feet east of the west Section Line and 2334 feet north of the south Section Line of said section 21 as shown on Exhibit A. (iii)

Source: Cease Creek, which is tributary to Sweetwater Creek, which is tributary to the Colorado River. (iv) Appropriation Date:

October 25, 1988. (v) Amount: 2.5 acre feet, conditional. (vi) Uses: Fish culture for recreational purposes. (vii) Remark: Stephens

Pond No. 2 was originally decreed for 10 acre feet, but portions of this amount were transferred to the Perry Ponds Nos. 1 – 3 in Case

No. 01CW349 and only 2.5 acre feet, conditional remains with the Stephens Pond No. 2. (b) PERRY PONDS NOS. 1 – 3. (i) Original

Decree: The water stored in Perry Ponds Nos. 1 – 3 is derived from the 10 acre foot conditional right originally decree to Stephens

Pond No. 2. In Water Court Case No. 01CW349, Stephens Pond No. 2 was changed so that a portion of that right could be stored in

Perry Ponds Nos. 1, 2, and 3. (ii) Decreed Location: Perry Pond No. 1: The outlet of Perry Pond No. 1 is located in the NW1/4 of the

SW1/4 of Section 21, T.3 S., R.87 W of the 6th

P.M., 200 feet from the west section line and 2550 feet from the south section line of

said Section 21. Perry Pond No. 2: The outlet of Perry Pond No. 2 is located in the SW1/4 of the NW1/4 and the NW1/4 of the

SW1/4, Section 21, T.3 S., R.87 W. of the 6th

P.M., 150 feet from the west section line and 2680 feet from the south section line of

said Section 21. Perry Pond No. 3: The outlet of the Perry Pond No. 3 is located in the SW1/4 of the NW1/4, Section 21, T.3 S., R.87

W. of the 6th

P.M., 400 feet from the west section line and 2700 feet from the south section line of said Section 21. (iii)

Source: Gruner Creek and Cease Creek, which are tributary to Sweetwater Creek, which is tributary to the Colorado River. This



water is delivered via the Four Creek Ditch. (iv) Appropriation Date: October 25, 1988. (v) Amount: Perry Pond No. 1: 0.66 acre feet

absolute, 1.34 acre feet conditional. Perry Pond No. 2: 0.66 acre feet absolute, 1.34 acre feet conditional. Perry Pond No. 3: 1.49 acre

feet absolute, 2.01 acre feet conditional. (vi) Maximum Height of Dam: less than 10 feet for each pond. (vii) Length of Dam: Perry

Pond No. 1: 150 feet. Perry Pond No. 2: 175 feet. Perry Pond No. 3: 250 feet. (viii) Surface Area: Perry Pond Nos. 1 & 2: 0.2 acres.

Perry Pond No. 3: 0.45 acres. (ix) Uses: Fish culture for recreational purposes. (x) Remarks: Additional absolute rights with

independent priority dates were decreed to the Perry Ponds Nos. 1 – 3 in Water Court Case No. 01CW351. 4. Detailed outline of work

done to complete project and apply water to beneficial use. During the past six years, Applicants have incurred significant

expenditures associated with the development, operation, and maintenance of its integrated water supply system, including the subject

ponds. All such expenditures are necessary steps in the development of the subject conditional water rights to the beneficial uses for

which they were decreed. The expenditures include, but are not limited to the following work: A. Applicants engaged International

Alpine Design Inc. to design Stephens Pond No. 2. The cost of this design work was approximately $4,000; B. Applicants constructed

the Stephens Pond No. 2 at a cost of approximately $75,000 and placed that structure to beneficial use as described below; C.

Applicants have been involved in discussions with the Four Creek Ditch Company concerning the administration and delivery of

winter water to the Perry Ponds Nos. 1 – 3 pursuant to the decree in Case No. 01CW351; D. Applicants have installed fish ladders in

Perry Pond No. 3 in 2012 at a cost of approximately $7,000; E. Applicants have maintained and operated Perry Pond Nos. 1 – 3 such

that fish residing in those ponds are now successfully breeding; F. Applicants have investigated the possibility of enlarging the

existing ponds and/or moving portions of the remaining conditional rights to alternate locations on the property; and G. Applicants

have monitored the Water Division 5 Water Resume for applications by others which may impact the subject ponds. H. The total costs

incurred by the Applicants related to the subject water rights during the diligence period are more than $90,000. The subject ponds

were previously decreed as an integrated water supply system in Case No. 01CW351. As a result, work on one component of this

system can be used to support a finding of reasonable diligence as to the remainder. 5.Claim to make water right absolute.

Construction of the Stephens Pond No. 2 began in 2010 and was completed during the summer of 2012. The height of the dam is less

than 10 feet. The pond inundates 0.4 surface acres and is capable of storing up to 2.5 acre feet. Following the construction of

Stephens Pond No. 2, it was filled during the summer of 2012 and the pond has been stocked with trout. Consequently, Stephens

Pond No. 2 has been placed to beneficial use for fish culture for recreational purposes. 6. Name and address of the owner of the land

on which the subject conditional water rights are located. Applicants. WHEREFORE Applicants request that the Water Court issue a

final decree (i) finding that the Applicants have made the Stephens Pond No. 2 water right absolute for 2.5 acre feet; (ii) finding that

the Applicants have been reasonably diligent with respect to the remaining conditional portions of the subject water rights not made

absolute and continuing the conditional portions of those water rights; and (iii) granting such other and further relief as may be

appropriate. (7 pgs.)






81601




application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of

affected rights must appear to object and protest within the time provided by statute, or be forever barred.

14CW3137 EAGLE COUNTY, EAGLE RIVER OR ITS TRIBUTARIES. Application for Finding of Reasonable Diligence.

Adam’s Rib Recreational Area, c/o Arthur B. Ferguson, Jr., Esq., Meghan N. Winokur, Esq., Holland & Hart LLP, 600 E. Main

Street, Suite 104, Aspen, Colorado 81601, (970) 925-3476, [email protected] [email protected]. Structure:

Frost Creek Ditch. Previous Decrees: 8/2/1934, Civil Action No. 963 in and for Eagle County and 11/4/2008, Case No. 07CW81 in

Water Div. No. 5. Legal Description: The originally decreed point of diversion is on the left bank of Frost Creek near the NE 1/4 of

Section 35 T5S., R84W., of the 6th P.M. Supplemental Legal Description: the point of diversion is located in the SE 1/4 of the NW

1/4 of Section 35, T5S., R.84W of the 6th P.M. at a point approximately 1,740 feet from the north section line and 2,360 feet from the

west section line. The location of the subject water right is shown on the map attached as Exhibit A to the Application. Source: Frost

Creek, tributary to Brush Creek, tributary to the Eagle River. Approp. Date: 9/1/1923. Amount: 0.24 cfs, conditional. Uses: irrigation

of not more than 10 acres. Applicant requests that this water right remain conditional. Land Ownership: Applicant. A detailed outline

of activity during the diligence period is included in the application. (5 pages)










81601






14CW3138 IN GRAND COUNTY, COLORADO. APPLICATION TO MAKE CONDITIONAL WATER RIGHTS ABSOLUTE

AND FOR A FINDING OF REASONABLE DILIGENCE. CONCERNING THE APPLICATION FOR WATER RIGHTS OF

GALLOWAY, INC., d/b/a BLUE VALLEY RANCH. DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO,

109 8th

Street, Suite 104, Glenwood Springs, CO 81601. 1. Name, address, telephone number of applicant: Galloway, Inc., d/b/a Blue

Valley Ranch, 6921 Highway 9, P.O. Box 1120, Kremmling, CO 80459 (970) 724-3768. Copies of all pleadings to: Michael F.

Browning, Porzak Browning & Bushong LLP, 2120 13th Street, Boulder, Colorado 80302 (303) 443-6800. 2. Name of structures:

Pharo Ditch, Pharo-Bauer Ditch, and Pharo-Bauer No. 1 Ditch. 3.Description of conditional water rights: A. Decreed on September

17, 1996, in Case No. 94CW225, by the District Court in and for Water Division No. 5. By decree in Case No. 07CW93, (i)10.75 cfs

of the 12 cfs conditionally decreed to the Pharo Ditch was made absolute for piscatorial and fish and wildlife enhancement purposes,

and diligence was found with respect to the remainder of the right and decreed uses; (ii) 7.2 cfs of the 30 cfs conditionally decreed to

the Pharo-Bauer Ditch was made absolute for piscatorial and fish and wildlife enhancement purposes, and diligence was found with

respect to the remainder of the right and uses; and (iii) all 10 cfs conditionally decreed to the Pharo-Bauer Ditch No. 1 was made

absolute with respect to its piscatorial and fish and wildlife enhancement purposes and diligence was found with respect to the

remaining decreed uses. B. Legal Description of Structures: The Pharo Ditch diverts water from the Blue River at a headgate located

on the west bank in the SE1/4NW1/4 of Section 21, T. 1 S., R. 80 W. of the 6th

P.M. at a point approximately 1,500 feet from the west

section line and 2,400 feet from the north section line of said Section. The Pharo-Bauer Ditch diverts water from the Blue River at a

headgate located on the east bank in the NE1/4SW1/4 of Section 16, T. 1 S., R. 80 W. of the 6th

P.M. at a point approximately 1,600

feet from the west section line and 2,050 feet from the south section line of said Section. Pharo-Bauer No. 1 Ditch diverts from the

Blue River at a headgate located on the east bank in the SW1/4NW1/4 of Section 9, T. 1 S., R. 80 W. of the 6th

P.M. at a point whence

the N1/4 Corner of Section 9, T. 1 S., R. 80 W. of the 6th

P.M. bears North 52 degrees 28 minutes East 3, 3331 feet. C. Source: Blue

River, at tributary to the Colorado River. D. Appropriation Date: September 30, 1994 for all. E. Amounts Currently Conditional. Pharo

Ditch – 1.25 cfs with respect to piscatorial and wildlife enhancement uses and 12 cfs for all other decreed uses; Pharo Bauer Ditch –

12.8 cfs with respect to piscatorial and wildlife enhancement uses and 30 cfs with respect to the remaining decreed uses; Pharo-Bauer

No. 1 Ditch – 10 cfs for all decreed uses other than piscatorial and fish and wildlife uses. F. Beneficial Uses. Irrigation and year-round

recreational, piscatorial, and fish and wildlife enhancement purposes. 4. Claim to make conditional water rights absolute. As set forth

in the engineering report dated November 20, 2014 prepared by George Fosha and attached hereto as Exhibit A (the "Fosha Report"),

no later than August 11, 2014, (a) all of the subject conditional water right decreed to the Pharo Ditch was diverted in priority and

placed to all of its decreed beneficial uses, (b) 12 cfs of the subject conditional water right decreed to the Pharo Bauer Ditch was

diverte, in priority and used for irrigation, and (c) all 30 cfs decreed to the Pharo Bauer Ditch was diverted in priority and used for all

of its other decreed uses. Accordingly Applicant seeks to make absolute (x) all remaining amounts and uses of the subject conditional

water right decreed to the Pharo Ditch, (b) 12 cfs of the 30 cfs conditionally decreed to the Pharo Bauer Ditch for irrigation, and (c) all

remaining amounts conditionally decreed to the Pharo Bauer Ditch for all other decree uses. 5. Claim for Finding of Reasonable

Diligence. As set forth in the Fosha Report, water pursuant to the subject conditional water right decreed to the Pharo-Bauer Ditch No.

1 has also been diverted and placed to all of its decreed uses, however adequate documentation of specific diversions and use was not

maintained. In addition, Applicant has made various improvements to the Pharo-Bauer Ditch No. 1 to better enable the ditch to make

irrigation use of the right as well as its other decreed uses. Accordingly, Applicant seeks a finding of reasonable diligence with respect

to the decreed irrigation use of Pharo-Bauer Ditch No. 1. Applicant also seeks a finding of reasonable diligence with respect to the

remaining18 cfs conditionally decreed to the Pharo Bauer Ditch for irrigation use. In addition, if the Court determines that any of the

amounts or uses conditionally decreed to the Pharo Ditch or Pharo-Bauer Ditch should not be made absolute as requested, Applicant

seeks a finding of reasonable diligence for such amounts and uses. 6. Name and Address of the Owners of Land on which the

Structures Are Located and the Water Diverted and Placed to Beneficial Use. Applicant is the owner of the land on which the subject

ditches are located and on which the water is diverted and placed to beneficial use. (5 pages)






81601








14CW3139 Carbondale Investments, LLC, c/o Ted Skokos, 5121 Park Lane, Dallas, Texas 75220, Telephone: (214) 600-0000;

Roaring Fork Water and Sanitation District, c/o Scott Grosscup, P.O. Box 790, Glenwood Springs, CO 81602, Telephone: (970) 945-

6546. Please send all pleadings and correspondence to Applicants’ counsel: Wayne Forman and John Helfrich, Brownstein Hyatt

Farber Schreck, LLP, 410 17th

Street, Suite 2200, Denver, CO 80202; Phone: (303) 223-1100; Fax: (303) 223-1111; Email:

[email protected], [email protected]; Scott Grosscup, Balcomb & Green, P.C., 818 Colorado Avenue, P.O. Box 790,

Glenwood Springs, CO 81602, Phone: (970) 945-6546, Fax: (970) 945-8902; Email: [email protected].

APPLICATION FOR WATER RIGHTS IN GARFIELD, PITKIN, SUMMIT AND EAGLE COUNTIES. Name of Structure:

Appropriative Right of Exchange. Date of original decree: Case No. 2001CW0187; dated November 4, 2008; District Court, Water

Division 5, Colorado. Subsequent decrees awarding findings of diligence: None. Legal description: The reach of the exchange is

between the confluence of the Colorado and the Roaring Fork Rivers, and the points of withdrawal for the Aspen Glen and Coryell

Ranch Wells and the Roaring Fork Diversion as described in section II.A., paragraph 7.B. of the decree in Case No. 01CW187. The

downstream terminus of the exchange in the SE¼ of the NW¼, Section 9, Township 6 South, Range 89 West of the 6th

P.M., 2,150

feet from the north Section line and 2,286 feet from the west Section line. The upstream terminus of the exchange is in the SE¼ of the

NE¼ of Section 29, Township 7 South, Range 88 West of the 6th

P.M., 2,086.54 feet from the north Section line and 86.95 feet from

the East Section line. See Exhibit A. Source: Roaring Fork River, tributary to the Colorado River. Appropriation date: December

31, 2007; Amount: 0.033 c.f.s. Use: Applicants’ plan for augmentation incorporates an exchange of water rights currently stored in

Green Mountain Reservoir for use in the Roaring Fork River to augment out of priority depletions caused by withdrawals under the

Basalt Conduit water right through the alternate points of withdrawal. Green Mountain Reservoir is located on the Blue River,

tributary to the Colorado River. Augmentation water may be released from Green Mountain Reservoir pursuant to a Basalt Water

Conservancy District contract and delivered to the confluence of the Colorado and Roaring Fork Rivers. Depth: N/A. Detailed

outline of work done toward completion of the appropriation: During the relevant diligence period, Applicant Carbondale

Investments, LLC (“Carbondale”) has expended tens of millions of dollars to acquire the property on which the subject conditional

water right is proposed for use, and to pursue the entitlements, approvals and contract rights necessary to develop the property to allow

the subject conditional water rights to be put to beneficial use. The specific diligence activities undertaken by the Applicants include,

but are not limited to, the following: (A) Carbondale acquired the real property on which the subject conditional water right is

intended for use at a purchase price of $12.5 million. (B) Carbondale paid 8140 Partners, LLC, approximately $1.8 million for

engineering and planning services required to successfully rezone a portion of the subject property to the “River Edge Colorado”

planned unit development, a result of a multi-year entitlement process with Garfield County. (C) Carbondale paid approximately

$74,000 to secure and retain its contract rights to water with the Basalt Water Conservancy District. (D) Carbondale has paid

approximately $600,000 to project managers to pursue the required land-use entitlements and approvals. (E) Carbondale engaged the

law firm of Brownstein Hyatt Farber Schreck, LLP to assist with land use entitlement, contract negotiations with the Roaring Fork

Water and Sanitation District, access negotiations with the Roaring Fork Transit Authority and water rights matters, all related to the

development of the subject property. Carbondale incurred fees of approximately $687,000. (F) Carbondale engaged DAS

Environmental to perform work on the property at an approximate cost of $98,000. (G) Carbondale engaged other consulting experts

in support of its land use entitlement effort, including firms specializing in economic analysis, surveying, and engineering, at a cost of

more than $150,000. (H) HDR Engineering performed a number of tasks related to access, traffic analysis and other engineering

support for the project, including PUD support work for the property and amendments to the PUD. Preliminary plan documents were

completed and prepared for Garfield County submittal. Services included engineering design support for transportation facilities

required for access to and within the properties, site development support, and offsite improvements such as water and wastewater. In

addition supplement aerial and ground survey services to support this project were provided. HDR also provided engineering services

for a traffic engineering study and obtaining the necessary access permitting to provide access from the state highway system to the

project site. HDR provided traffic and roadway design, environmental, geotechnical, structural design, survey and right-of way, and

utility coordination services for the design improvements required on the state highway system, the access road into the proposed

development, and a crossing of the RFTA rail corridor. Fees paid to HDR Engineering for this work totaled approximately $527,300.

(I) Carbondale engaged the law firm of Miller Rosenbluth, LLC to assist with the formation and operation of the Cattle Creek

Metropolitan District, established to assist with the financing, ownership and development of infrastructure on the property.

Carbondale incurred attorneys’ fees in this effort in the approximate amount of $139,000. (J) Resource Engineering, Inc. provided

water resource engineering services for the project, including the development of a water supply plan and support for an application to

change the point of diversion of the Staton Ditch water rights, at a cost of approximately $29,000. (K) Carbondale paid the Roaring

Fork Conservancy approximately $187,000 in connection with the management of the conservation easement located on the portion of

the property that adjoins the Roaring Fork River. (L) Carbondale negotiated and executed a Pre-Inclusion Agreement with the

Roaring Fork Water and Sanitation District for the provision of water and wastewater services to the property. Carbondale reimbursed

the district for its costs incurred in that effort, as well as its costs incurred in reviewing the proposed designs for water and wastewater






infrastructure to serve the project. In total, Carbondale reimbursed the district approximately $82,000. (M) Carbondale successfully

rezoned approximately 160 acres of the 240-acre property to the River Edge PUD. Carbondale’s counsel and consultants have been

pursuing an amendment to that PUD to account for a relocated access drive from SH82. (N) Carbondale, together with its affiliate

Garfield County Commercial Investments, LLC, is pursuing the rezoning of the portion of the property east of the RFTA trail corridor

to commercial uses. (O) Carbondale successfully pursued several water rights applications, including those in Case Nos. 07CW164

and 08CW198, which amended and supplemented certain aspects of the water rights available to serve the property, together with a

change in the point of diversion of Carbondale’s Staton Ditch water rights in Case No. 13CW19. (8 pgs.)






81601






14CW3140 Carbondale Investments, LLC, c/o Ted Skokos, 5121 Park Lane, Dallas, Texas 75220, Telephone: (214) 600-0000.

Please send all pleadings and correspondence to Applicants’ counsel: Wayne Forman and John Helfrich, Brownstein Hyatt Farber

Schreck, LLP, 410 17th


[email protected], [email protected]. APPLICATION FOR WATER RIGHTS IN GARFIELD, PITKIN, SUMMIT AND

EAGLE COUNTIES. Name of structure: Bair Chase Lake No. 5. Date of Original Decree: Case No. 2001CW0188; dated

November 4, 2008; District Court, Water Division 5, Colorado. Subsequent decrees awarding findings of diligence: N/A. Legal

description: Lake No. 5 will be located within the Development. The precise size and specific location of Lake No. 5 within the

Development has not been finalized, but will be located generally as depicted on Exhibit A, in the E½, Section 12, Range 89 West of

the 6th

P.M. In no event will the total surface area and storage volume of the constructed lake exceed 5 acres and 25 acre feet,

respectively. Source of water: Lake No. 5 will be filled through laterals of the Glenwood and Staton Ditches, from the following

sources: Glenwood Ditch: Cattle Creek, tributary to the Roaring Fork River, tributary to the Colorado River; and the Roaring Fork

River, tributary to the Colorado River at a rate of up to 0.49 cfs from the Cattle Creek source and 5.0 cfs from the Roaring Fork

source. In Case No. W-2910, Water Division No. 5, the Court decreed a corrected legal description for the headgate of the Glenwood

Ditch, located in Lot 11 of Section 28, Township 7 South, Range 88 West, 6th

P.M., located at a point whence the Southwest Corner of

Section 28 bears South 24º54'06" W., 2,665.19 feet, and the diversion point is situated in Lot 11 of Section 28, Township 7 South,

Range 88 West, 6th

P.M., located at a point whence the Southwest Corner of Section 28 bears South 28º29'23" West, 2770.32 feet, in

Garfield County. From the headgate of the Glenwood Ditch, said ditch runs in a northwesterly direction until it intersects with Cattle

Creek, and then down Cattle Creek for about one hundred feet, using the bed of Cattle Creek as part of the Glenwood Ditch, to another

headgate of the Glenwood Ditch, located on the northeast bank of Cattle Creek in Section 7, Township 7 South, Range 88 West, of the

6th

P.M., in Garfield County. The Glenwood Ditch takes its supply of water mainly from the Roaring Fork River, which water so

taken from said river is carried through said ditch to and emptied into said Cattle Creek, and is taken from said Creek, together with

certain springs and other water flowing in said creek through the headgate of said ditch which is located on the north bank of said

creek on the lands owned by C.C. Chase. The location of the headgate of the Glenwood Ditch may also be described as being located

in the NW¼ of the SW¼ of Section 28, Township 7 South, Range 88 West of the 6th

P.M. at a point approximately 2,390 feet from the

South section line and 1,540 feet from the West section line. See Exhibit A. Staton Ditch: Cattle Creek, tributary to the Roaring Fork

River, tributary to the Colorado River at a rate of up to 1.84 cfs. In Case No. 13CW19 the point of diversion of Applicant’s interest in

the Staton Ditch water right was changed to the right bank of Cattle Creek in the SW¼ of Section 7, Township 7 South, Range 88

West, 6th

P.M., at a point approximately 440 feet from the South section line and 1,240 feet from the West section line. Appropriation

Date: May 7, 2001. Amount Claimed: 25.0 acre feet, conditional, with right to fill and successively refill. Surface area of high water

line: 5 acres. Maximum height of dam in feet: 10 feet. Lake No. 5 will be constructed below grade and may not have a traditional

dam. The active capacity of the lake will be controlled by the outlet features and the level of pump intakes for each lake. To the

extent a dam is required, the height (which will not exceed 10 feet under any configuration) and length will depend on the final lake

location and configuration. Length of dam in feet: The length will depend on the final lake location and configuration. Total capacity

of reservoir in acre feet: 25 acre feet. Active capacity: 25 acre feet. Dead storage: 0. Use: Lake No. 5 will be used within the

Development for recreation, aesthetic, wildlife habitat for birds and fish, water quality enhancement and piscatorial purposes.

Detailed outline of work done toward completion of the appropriation: During the relevant diligence period, Applicant Carbondale

Investments, LLC (“Carbondale”) has expended tens of millions of dollars to acquire the property on which the subject conditional

water right is proposed for use, and to pursue the entitlements, approvals and contract rights necessary to develop the property to allow

the subject conditional water rights to be put to beneficial use. The specific diligence activities undertaken by the Applicants include,





but are not limited to, the following: (A) Carbondale acquired the real property on which the subject conditional water right is

intended for use at a purchase price of $12.5 million. (B) Carbondale paid 8140 Partners, LLC, approximately $1.8 million for

engineering and planning services required to successfully rezone a portion of the subject property to the “River Edge Colorado”

planned unit development, a result of a multi-year entitlement process with Garfield County. (C) Carbondale paid approximately

$74,000 to secure and retain its contract rights to water with the Basalt Water Conservancy District. (D) Carbondale has paid

approximately $600,000 to project managers to pursue the required land-use entitlements and approvals. (E) Carbondale engaged the

law firm of Brownstein Hyatt Farber Schreck, LLP to assist with land use entitlement, contract negotiations with the Roaring Fork

Water and Sanitation District, access negotiations with the Roaring Fork Transit Authority and water rights matters, all related to the

development of the subject property. Carbondale incurred fees of approximately $687,000. (F) Carbondale engaged DAS

Environmental to perform work on the property at an approximate cost of $98,000. (G) Carbondale engaged other consulting experts

in support of its land use entitlement effort, including firms specializing in economic analysis, surveying, and engineering, at a cost of

more than $150,000. (H) HDR Engineering performed a number of tasks related to access, traffic analysis and other engineering

support for the project, including PUD support work for the property and amendments to the PUD. Preliminary plan documents were

completed and prepared for Garfield County submittal. Services included engineering design support for transportation facilities

required for access to and within the properties, site development support, and offsite improvements such as water and wastewater. In

addition supplement aerial and ground survey services to support this project were provided. HDR also provided engineering services

for a traffic engineering study and obtaining the necessary access permitting to provide access from the state highway system to the

project site. HDR provided traffic and roadway design, environmental, geotechnical, structural design, survey and right-of way, and

utility coordination services for the design improvements required on the state highway system, the access road into the proposed

development, and a crossing of the RFTA rail corridor. Fees paid to HDR Engineering for this work totaled approximately $527,300.

(I) Carbondale engaged the law firm of Miller Rosenbluth, LLC to assist with the formation and operation of the Cattle Creek

Metropolitan District, established to assist with the financing, ownership and development of infrastructure on the property.

Carbondale incurred attorneys’ fees in this effort in the approximate amount of $139,000. (J) Resource Engineering, Inc. provided

water resource engineering services for the project, including the development of a water supply plan and support for an application to

change the point of diversion of the Staton Ditch water rights, at a cost of approximately $29,000. (K) Carbondale paid the Roaring

Fork Conservancy approximately $187,000 in connection with the management of the conservation easement located on the portion of

the property that adjoins the Roaring Fork River. (L) Carbondale negotiated and executed a Pre-Inclusion Agreement with the

Roaring Fork Water and Sanitation District for the provision of water and wastewater services to the property. Carbondale reimbursed

the district for its costs incurred in that effort, as well as its costs incurred in reviewing the proposed designs for water and wastewater

infrastructure to serve the project. In total, Carbondale reimbursed the district approximately $82,000. (M) Carbondale successfully

rezoned approximately 160 acres of the 240-acre property to the River Edge PUD. Carbondale’s counsel and consultants have been

pursuing an amendment to that PUD to account for a relocated access drive from SH82. (N) Carbondale, together with its affiliate

Garfield County Commercial Investments, LLC, is pursuing the rezoning of the portion of the property east of the RFTA trail corridor

to commercial uses. (O) Carbondale successfully pursued several water rights applications, including those in Case Nos. 07CW164

and 08CW198, which amended and supplemented certain aspects of the water rights available to serve the property, together with a

change in the point of diversion of Carbondale’s Staton Ditch water rights in Case No. 13CW19. Claim to make absolute: N/A.

Name and address of owner of land on which structure for the water storage right is located: Carbondale Investments, LLC, 5121

Park Lane, Dallas, Texas 75220. Remarks: It is not anticipated that Lake No. 5 will intercept groundwater. However, if it is

determined that the lake does intercept groundwater, Applicant will line Lake No. 5 in accordance with the lining criteria of the Office

of the State Engineer. In the alternative, Applicant may obtain a well permit pursuant to C.R.S. §37-90-137, in which case Applicant

shall abandon the water storage right claimed herein, and shall apply for underground water rights and an amended augmentation plan

taking into consideration lagged depletions. (8 pgs).






81601






14CW3141 Carbondale Investments, LLC, c/o Ted Skokos, 5121 Park Lane, Dallas, Texas 75220, Telephone: (214) 600-0000;

Please send all pleadings and correspondence to Applicants’ counsel: Wayne Forman and John Helfrich, Brownstein Hyatt Farber

Schreck, LLP, 410 17th


[email protected], [email protected]. APPLICATION FOR WATER RIGHTS IN GARFIELD, PITKIN, SUMMIT





AND EAGLE COUNTIES. Name of structures: Bair Chase Lakes Nos. 1-4. Date of Original Decree: Case No. 2001CW0189;

dated November 4, 2008; District Court, Water Division 5, Colorado. Subsequent decrees awarding findings of diligence: N/A.

Legal description: Lake Nos. 1-4 will be located within the Development. The precise size and specific locations of Lake Nos. 1-4

within the Development have not been finalized, but will be located generally as depicted on Exhibit A, in the N½ of irregular Section

18, Township 7 South, Range 88 West, the W½ of irregular Section 7, Township 7 South, Range 88 West, the E½ of Section 12,

Township 7 South, Range 89 West, and the SE¼ of Section 1, Township7 South, Range 89 West, all West of the 6th

P.M. In no event

will the total surface area and storage volume of the constructed lakes exceed 20 acres and 100 acre feet, respectively, and the dam

height for each storage structure will not exceed 10 feet. Source of water: Lake Nos. 1-4 will be filled through laterals of the

Glenwood and Staton Ditches, from the following sources: Glenwood Ditch: Cattle Creek, tributary to the Roaring Fork River,

tributary to the Colorado River; and the Roaring Fork River, tributary to the Colorado River at a rate of up to 0.49 cfs from the Cattle

Creek source and 5.0 cfs from the Roaring Fork source. In Case No. W-2910, Water Division No. 5, the Court decreed a corrected

legal description for the headgate of the Glenwood Ditch, located in Lot 11 of Section 28, Township 7 South, Range 88 West, 6th

P.M., located at a point whence the Southwest Corner of Section 28 bears South 24º54'06" W., 2,665.19 feet, and the diversion point is

situated in Lot 11 of Section 28, Township 7 South, Range 88 West, 6th

P.M., located at a point whence the Southwest Corner of

Section 28 bears South 28º29'23" W., 2770.32 feet, in Garfield County. From the headgate of the Glenwood Ditch, said ditch runs in

a northwesterly direction until it intersects with Cattle Creek, and then down Cattle Creek for about one hundred feet, using the bed of

Cattle Creek as part of the Glenwood Ditch, to another headgate of the Glenwood Ditch, located on the northeast bank of Cattle Creek

in Section 7, Township 7 South, Range 88 West, of the 6th

P.M., in Garfield County. The Glenwood Ditch takes its supply of water

mainly from the Roaring Fork River, which water so taken from said river is carried through said ditch to and emptied into said Cattle

Creek, and is taken from said Creek, together with certain springs and other water flowing in said creek through the headgate of said

ditch which is located on the north bank of said creek on the lands owned by C.C. Chase. The location of the headgate of the

Glenwood Ditch may also be described as being located in the NW¼ of the SW¼ of Section 28, Township 7 South, Range 88 West of

the 6th P.M. at a point approximately 2,390 feet from the South section line and 1,540 feet from the West section line. See Exhibit A.

Staton Ditch: Cattle Creek, tributary to the Roaring Fork River, tributary to the Colorado River at a rate of up to 1.84 cfs. In Case

No. 13CW19 the point of diversion of Applicant’s interest in the Staton Ditch water right was changed to the right bank of Cattle

Creek in the SW¼ of Section 7, Township 7 South, Range 88 West, 6th P.M., at a point approximately 440 feet from the South section

line and 1,240 feet from the West section line. Appropriation Date: May 7, 2001. Amount Claimed: 25.0 acre feet, conditional, for

each lake (100 acre feet total), with right to fill and successively refill each lake. Surface area of high water line: Approximately 5

acres for each lake, not to exceed 20 acres total. Maximum height of dam in feet: 10 feet. Lake Nos. 1-4 will be constructed below

grade and may not have a traditional dam. The active capacity of the lakes will be controlled by the outlet features and the level of

pump intakes for each lake. To the extent a dam is required, the height (which will not exceed 10 feet under any configuration) and

length will depend on the final lake location and configuration. Length of dam in feet: The length will depend on the final lake

location and configuration. Total capacity of each lake in acre feet: 25 acre feet. Active capacity of each lake: 25 acre feet. Dead

storage: 0. Use: Lake Nos. 1-4 will be used within the Development for recreation, aesthetic, wildlife habitat for birds and fish, water

quality enhancement and piscatorial purposes. Detailed outline of work done toward completion of the appropriation and application

of water to beneficial use: During the relevant diligence period, Applicant Carbondale Investments, LLC (“Carbondale”) has

expended tens of millions of dollars to acquire the property on which the subject conditional water right is proposed for use, and to

pursue the entitlements, approvals and contract rights necessary to develop the property to allow the subject conditional water rights to

be put to beneficial use. The specific diligence activities undertaken by the Applicants include, but are not limited to, the following:

(A) Carbondale acquired the real property on which the subject conditional water right is intended for use at a purchase price of $12.5

million. (B) Carbondale paid 8140 Partners, LLC, approximately $1.8 million for engineering and planning services required to

successfully rezone a portion of the subject property to the “River Edge Colorado” planned unit development, a result of a multi-year

entitlement process with Garfield County. (C) Carbondale paid approximately $74,000 to secure and retain its contract rights to water

with the Basalt Water Conservancy District. (D) Carbondale has paid approximately $600,000 to project managers to pursue the

required land-use entitlements and approvals. (E) Carbondale engaged the law firm of Brownstein Hyatt Farber Schreck, LLP to

assist with land use entitlement, contract negotiations with the Roaring Fork Water and Sanitation District, access negotiations with

the Roaring Fork Transit Authority and water rights matters, all related to the development of the subject property. Carbondale

incurred fees of approximately $687,000. (F) Carbondale engaged DAS Environmental to perform work on the property at an

approximate cost of $98,000. (G) Carbondale engaged other consulting experts in support of its land use entitlement effort, including

firms specializing in economic analysis, surveying, and engineering, at a cost of more than $150,000. (H) HDR Engineering

performed a number of tasks related to access, traffic analysis and other engineering support for the project, including PUD support

work for the property and amendments to the PUD. Preliminary plan documents were completed and prepared for Garfield County

submittal. Services included engineering design support for transportation facilities required for access to and within the properties,

site development support, and offsite improvements such as water and wastewater. In addition supplement aerial and ground survey

services to support this project were provided. HDR also provided engineering services for a traffic engineering study and obtaining

the necessary access permitting to provide access from the state highway system to the project site. HDR provided traffic and

roadway design, environmental, geotechnical, structural design, survey and right-of way, and utility coordination services for the

design improvements required on the state highway system, the access road into the proposed development, and a crossing of the



RFTA rail corridor. Fees paid to HDR Engineering for this work totaled approximately $527,300. (I) Carbondale engaged the law

firm of Miller Rosenbluth, LLC to assist with the formation and operation of the Cattle Creek Metropolitan District, established to

assist with the financing, ownership and development of infrastructure on the property. Carbondale incurred attorneys’ fees in this

effort in the approximate amount of $139,000. (J) Resource Engineering, Inc. provided water resource engineering services for the

project, including the development of a water supply plan and support for an application to change the point of diversion of the Staton

Ditch water rights, at a cost of approximately $29,000. (K) Carbondale paid the Roaring Fork Conservancy approximately $187,000

in connection with the management of the conservation easement located on the portion of the property that adjoins the Roaring Fork

River. (L) Carbondale negotiated and executed a Pre-Inclusion Agreement with the Roaring Fork Water and Sanitation District for the

provision of water and wastewater services to the property. Carbondale reimbursed the district for its costs incurred in that effort, as

well as its costs incurred in reviewing the proposed designs for water and wastewater infrastructure to serve the project. In total,

Carbondale reimbursed the district approximately $82,000. (M) Carbondale successfully rezoned approximately 160 acres of the 240-

acre property to the River Edge PUD. Carbondale’s counsel and consultants have been pursuing an amendment to that PUD to

account for a relocated access drive from SH82. (N) Carbondale, together with its affiliate Garfield County Commercial Investments,

LLC, is pursuing the rezoning of the portion of the property east of the RFTA trail corridor to commercial uses. (O) Carbondale

successfully pursued several water rights applications, including those in Case Nos. 07CW164 and 08CW198, which amended and

supplemented certain aspects of the water rights available to serve the property, together with a change in the point of diversion of

Carbondale’s Staton Ditch water rights in Case No. 13CW19. Claim to make absolute: N/A. Name and address of owner of land on

which structure for the water storage right is located: Carbondale Investments, LLC, 5121 Park Lane, Dallas, Texas 75220. Remarks:

It is not anticipated that Lake Nos. 1-4 will intercept groundwater. However, if it is determined that the lakes do intercept

groundwater, Applicant will line the lakes in accordance with the lining criteria of the Office of the State Engineer. In the alternative,

Applicant may obtain a well permit pursuant to C.R.S. §37-90-137, in which case Applicant shall abandon the water storage right

claimed herein, and shall apply for underground water rights and an amended augmentation plan taking into consideration lagged

depletions. (8 pgs).






81601

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