division 5 water court – december 2009 resume 200… · division 5 water court – december 2009...

DIVISION 5 WATER COURT – DECEMBER 2009 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 DECEMBER 2009. 09CW176 MESA COUNTY. Buck D. Graybill and Karen L. Graybill, c/o John R. Pierce, Dufford, Waldeck, Milburn & Krohn, L.L.P., 744 Horizon Court, Suite 300, Grand Junction, Colorado 81506, (970) 241-5500; AMENDED APPLICATION FOR SURFACE RIGHT AND WATER STORAGE RIGHT; I. GENERAL INFORMATION: Corrected Name, address, and home telephone number of applicant(s): Buck D. Graybill and Karen L. Graybill, P.O. Box 626, Fruita, CO 81521, (970) 858-7913; II. REQUEST FOR SURFACE WATER RIGHT: Name of structure: Graybill Diversion; Legal description: The Graybill Diversion will be located in the SE/4 NE/4 of Section 26, T2N, R3W of the Ute P.M., at a point which is 2,314 feet from the north section line and 575 feet from the east section line; Source: Wastewater tributary to East Branch of Reed Wash, tributary to Reed Wash, tributary to the Colorado River; a. Date of appropriation: September 1, 2007; b. How appropriation was initiated: By physical inspection of the diversion location and by investigation of feasibility of diversion; c. Date applied to beneficial use: n/a; Amount claimed: 1.0 c.f.s., conditional; Proposed use: Filling and continuously refilling the Graybill Pond and, via a pump in the Graybill Pond, irrigation of 6 acres of vineyard, orchard, garden, and tree nursery; a. Number of acres historically irrigated: n/a; Proposed for irrigation: 6 acres located in the SE/4 NE/4 of Section 26, T2N, R3W of the Ute P.M.; III. REQUEST FOR WATER STORAGE RIGHT: Name of reservoir: Graybill Pond; Legal description: The Graybill Pond will be located in the SE/4 NE/4 of Section 26, T2N, R3W, of the Ute P.M., at a point which is 2,270 feet from the north section line and 550 feet from the east section line; Source: Wastewater tributary to East Branch of Reed Wash, tributary to Reed Wash, tributary to the Colorado River. The Graybill Pond will be filled with water from the Graybill Diversion, which will have a decreed rate of diversion of 1.0 c.f.s.; a. Date of appropriation: September 1, 2007; b. How appropriation was initiated: By physical inspection of the pond location and by investigation of feasibility of construction; Amount Claimed: 0.25 acre-feet, conditional; The Graybill Pond will be an off channel structure and will be filled with the 1.0 c.f.s. water right for the Graybill Diversion. Water will be pumped from the Pond at a maximum rate of 0.44 c.f.s.; Use: Irrigation of 6 acres of vineyard, orchard, garden, and a tree nursery located in the SE/4 NE/4 of Section 26, T2N, R3W of the Ute P.M.; Surface area of high water line: 0.05 acres; a. Vertical height of dam: The Graybill Pond will be constructed by excavation. No dam will be constructed; Total capacity of reservoir: 0.25 acre-feet, all dead storage; Other pertinent information: Applicants plan to install a pump in the Graybill Pond which will be utilized to irrigate the 6 acres of land described above. The maximum pumping rate out of the pond will be 0.44 c.f.s. Applicants believe that the Graybill Pond can be constructed without intercepting groundwater. However, if groundwater should be intercepted, Applicants will obtain a well permit and request that this claim be treated as a request for an underground water right without the need for amendment or republication. The Pond will be excavated to a depth of less than 10 feet; (4 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2010 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. 2. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2009. 09CW177 - GARFIELD COUNTY – APPLICATION FOR WATER RIGHTS (SURFACE) - 1.Name, address, telephone number of applicant: United States of America, Kristen C. Guerriero, #32663, Arthur R. Kleven, #36081, Special Assistant U.S. Attorneys, Office of the Regional Solicitor,755 Parfet Street, Suite 151, Lakewood, Colorado 80215. Phone:(303) 231-5353, x552 Facsimile:(303) 231-5363. 2. Name of structure: Corlett Spring 3. Legal description of the point of diversion: Located on public lands in the SE/4 SW/4 SW/4, Section 4, T5S R93W, 6th P.M., approximately 140 feet north of the south section line and 1,048 feet east of the west section line. 4. Source: Unnamed tributary to Government Creek/Colorado River 5. A. Dateof appropriation: 7/28/2006 B. How appropriation was initiated: BLM inventoried the quality and quantity of water available for wildlife use at the spring. C. Date water applied to beneficial use: 7/28/2006 6. Amount claimed: 0.0022 cfs, absolute 7.Uses: Wildlife watering. The spring provides water for deer, bighorn sheep, small mammals, raptors, and migratory birds. 8.Name and address of owner of land on which point of diversion and place of use is located: United States Department of the Interior, Bureau of Land Management, Silt Field Office, 2300 River Frontage Rd., Silt, CO 81652. 9. Remarks: This spring was decreed for domestic use in case number 2006 CW 86, but additional water is available for wildlife use. Wildlife drink directly from the source, and the spring development has been modified to facilitate wildlife use by installation of a watering trough at the source. (5 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2010 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.

DECEMBER 2009 RESUME WATER DIVISION 5

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3. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2009. 09CW178 - ROUTT COUNTY – APPLICATION FOR WATER RIGHT (SURFACE) - 1. Name, address, telephone number of applicant: United States of America, Kristen C. Guerriero, #32663, Arthur R. Kleven, #36081, Special Assistant U.S. Attorneys, Office of the Regional Solicitor, 755 Parfet Street, Suite 151, Lakewood, Colorado 80215, Phone:(303) 231-5353, x552 Facsimile:(303) 231-5363 2. Name of structures: McGuire Spring 3. Legal description of each point of diversion: Located on public lands in the SW/4 SE/4 NW/4, Section 23, T1S, R83W, Sixth P.M., approximately 2,080 feet south of the north section line and 2,100 feet east of the west section line. 4. Source: Unnamed tributary to Yarmony Creek, tributary of the Colorado River. 5. A. Date of appropriation: August 14, 1950 B. How appropriation was initiated: BLM authorized use of the Copper Spur Gulch Allotment and its associated water sources by grazing permittees. C. Date water applied to beneficial use: August 14, 1950. 6. Amount claimed: 0.027 cfs, absolute. 7. Uses: livestock watering and wildlife. This spring provides water for a herd of up to 43 cattle on the Copper Spur Allotment. In addition, this spring provides water for deer, elk, small mammals, and birds. 8. Name and address of owner of land on which point of diversion and place of use is located: United States Department of the Interior, Bureau of Land Management, Silt Field Office, 2300 River Frontage Rd., Silt, CO 81652.(4 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2010 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. 4. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2009. 09CW179 Garfield County. Colorado River. Rock Gardens Mobile Home Park & Campground, LLC, c/o Loyal E. Leavenworth, Esq. and Michael J. Sawyer, Esq., Leavenworth & Karp, P.C., P.O. Drawer 2030, Glenwood Springs, CO 81602. Application for Finding of Reasonable Diligence and Application to Make Conditional Water Rights Absolute. First Claim; Application for Finding of Reasonable Diligence. Name of structure: Rock Gardens Well No. 1. Date of original decree: February 6, 1986, in Case No. 83CW380, District Court, Water Div. 5. Location: The well is located at a point whence the East Quarter Corner of Section 2, Township 6 South, Range 89 West of the 6th P.M. bears North 44 deg 31' East 2,485 feet. Said well is situated approximately 1,071 feet North of the South line and 1,810 feet West of the East line of said Section 2. On August 26, 1997, in Case No. 95CW69, the location of the Rock Gardens Well No. 1 was changed to its actual location as follows: The Rock Gardens Well No. 1 is located at a point in the Northwest 1/4 of the Southeast 1/4 of Section 2, Township 6 South, Range 89 West of the 6th P.M., at a point 1975 feet from the South section line and 2350 feet from the East section line of said Section 2. Source: The Colorado River. Appropriation date: December 21, 1983. Amount: 0.06 c.f.s. (28.3 g.p.m.), absolute (See Case Nos. 88CW435 and 95CW69, and 0.05 c.f.s. (21.7 g.p.m.), conditional. Use: Irrigation, domestic, fire protection and recreation. In Case No. 95CW69, municipal use for the Rock Gardens Well No. 1 was abandoned. Subsequent decrees awarding findings of diligence: Case No. 88CW435 decreed on May 31, 1989, and Case No. 95CW69 decreed on August 26, 1997. A copy of the well permit (Well Permit No. 62597-F), well construction report and pump installation and test report are attached as Exhibit A, on file with the Water Court. Provide a detailed outline of what has been done towards the development of the conditional water right, including expenditures. See Exhibit B, on file with the Water Court. Remarks: In the decree entered in Case No. 95CW69, in which the Court made 28.3 c.f.s. absolute of the 50 g.p.m. decreed conditionally to the Rock Gardens Well No. 1, the decree inadvertently failed to include a provision requiring the Applicant to file an application for finding of reasonable diligence six years later. The Applicant has not received a notice directing it to make such a filing as required by C.R.S. §37-92-305(7). Therefore, pursuant to the holding in Double RL Co. v. Telluray Ranch Props., 54 P3rd 908 (Colo. 2002), this water right can not be cancelled, and the Applicant requests a finding of reasonable diligence as a part of this Application. Second Claim; Application to Make Conditional Water Right Absolute and for Finding of Reasonable Diligence. Name of structure: Rock Gardens Well No. 2. Date of original decree: December 23, 2003, in Case No. 02CW49, District Court, Water Div. 5. Location: The Rock Gardens Well No. 2 is located in the Northwest 1/4 of the Southeast 1/4 of Section 2, Township 6 South, Range 89 West of the 6th P.M., at a point 2,368 feet West of the East section line and 2,153 feet North of the South section line of said Section 2. Source: Groundwater tributary to the Colorado River. Appropriation date: February 1, 2002. Amount: 0.11 c.f.s., (50 g.p.m.), conditional. Use: Domestic, irrigation and commercial purposes within the Rock Gardens Campground and Mobile Home Park. A copy of the well permit (Well Permit No. 62598-F), well construction report, and pump installation and test report are attached as Exhibit A, on file with the Water Court. Subsequent decrees awarding findings of diligence: N/A. Claim to make absolute: Date water first applied to beneficial use: May 16, 2002. Amount of water applied to beneficial use: 0.066 c.f.s. (30 g.p.m.) Depth of well: 210 feet. Use: Domestic, irrigation and commercial purposes within the Rock Gardens Campground and Mobile Home Park. Description of place of use where water is applied to beneficial use: Rock Gardens Mobile Home Park & Campground, d/b/a


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Glenwood Canyon Resort, Garfield County, Colorado. Location of well and place of irrigation: The location and location of irrigated use for the Rock Gardens Well No. 2 is depicted on the Zancanella and Associates engineering report attached hereto as Exhibit A, on file with the Water Court. Claim for diligence: Applicant requests a finding of diligence for 0.044 (20 g.p.m.), conditional, for the Rock Gardens Well No. 2 for domestic, irrigation and commercial purposes within the Rock Gardens Campground and Mobile Home Park. Provide a detailed outline of what has been done towards the development of the conditional water right, including expenditures. See Exhibit B, on file with the Water Court. Third Claim; Application for Finding of Reasonable Diligence. Name of structure: Rock Gardens Well No. 3. Date of original decree: December 23, 2003, in Case No. 02CW49, District Court, Water Div. 5. Location: The Rock Gardens Well No. 3 is located in the Southwest 1/4 of the Southeast 1/4 of Section 2, Township 6 South, Range 89 West of the 6th P.M., at a point 1,534 feet West of the East section line and 1,129 feet North of the South section line of said Section 2. Source: Groundwater tributary to the Colorado River. Appropriation date: February 1, 2002. Amount: 0.22 c.f.s. (100 g.p.m.), conditional. Use: Domestic, irrigation and commercial purposes within the Rock Gardens Campground and Mobile Home Park. Subsequent decrees awarding findings of diligence: N/A. Claim for diligence: Applicant requests a finding of diligence for 0.22 c.f.s. (100 g.p.m.), conditional, for the Rock Gardens Well No. 3 for domestic, irrigation and commercial purposes within the Rock Gardens Campground and Mobile Home Park. Provide a detailed outline of what has been done towards the development of the conditional water right, including expenditures. See Exhibit B, on file with the Water Court. The structures referenced in this Application are located on Property owned by Applicant. Remarks: Pursuant to the decree entered in Case No. 02CW49, total instantaneous diversions from the Rock Gardens Well Nos. 1, 2 and 3 are limited to a total of 150 g.p.m. (27 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2010 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. 5. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2009. 09CW183 CONCERNING THE APPLICATION FOR WATER RIGHTS OF: SAVAGE LIMITED PARTNERSHIP I, DANIEL W. STROOCK, SUE STUART MORTIMOR ERPF Van de BOVENKAMP, DONNA J. KOEHLER, RICHARD L. PRATHER, LYLE PRATHER and NED PRATHER,in Garfield County. APPLICATION FOR WATER RIGHTS (SURFACE). 1.Name, mailing address, email address and home telephone number of applicant(s):Savage Limited Partnership I, Daniel W. Stroock, Sue Stuart Mortimor Erpf Van de Bovenkamp, Donna J. Koehler, Richard L. Prather, Lyle Prather, Ned Prather, c/o John W. Savage, P.O. Box 1926, Rifle, CO 81650, [email protected] (970) 625-1470. 2. Name and type of structures: The following structures are all springs. Circle Dot Lower Spring, Circle Dot Upper Spring, Smearcheck Spring, Corral Gulch East Spring, Donna’s Cabin Spring, Dick’s Cabin East Spring, Dick’s Spring, McKay Gulch Spring, and Ned’s Spring. 3. Preferred Legal Description (PLSS): Circle Dot Lower Spring: Point of Diversion is located in the NW¼ SW¼ of Section 2, Township 6 South, Range 97 West of the 6th P.M. in Garfield County, Colorado at a point 1721 feet distant from the South line of said Section and 4010 feet distant from the East line of said Section.Circle Dot Upper Spring: Point of Diversion is located in the NW¼ SW¼ of Section 2, Township 6 South, Range 97 West of the 6th P.M. in Garfield County, Colorado at a point 1548 feet distant from the South line of said Section and 4466 feet distant from the East line of said Section. Smearcheck Spring Point of Diversion is located in the SW¼ SE¼ of Section 2, Township 6 South, Range 97 West of the 6th P.M. in Garfield County, Colorado at a point 524 feet distant from the South line of said Section and 1858 feet distant from the East line of said Section. Corral Gulch East Spring: Point of Diversion is located in the SW¼ NW¼ of Section 11, Township 6 South, Range 97 West of the 6th P.M. in Garfield County, Colorado at a point 3843 feet distant from the South line of said Section and 5107 feet distant from the East line of said Section. Donna’s Cabin Spring: Point of Diversion is located in the SW¼ NW¼ of Section 14, Township 6 South, Range 97 West of the 6th P.M. in Garfield County, Colorado at a point 3095 feet distant from the South line of said Section and 4915 feet distant from the East line of said Section. Dick’s Cabin East Spring: Point of Diversion is located in the SE¼ NE¼ of Section 14, Township 6 South, Range 97 West of the 6th P.M. in Garfield County, Colorado at a point 3334 feet distant from the South line of said Section and 1177 feet distant from the East line of said Section. Dick’s Spring: Point of Diversion is located in the SW¼ NE¼ of Section 14, Township 6 South, Range 97 West of the 6th P.M. in Garfield County, Colorado at a point 2739 feet distant from the South line of said Section and 2563 feet distant from the East line of said Section.McKay Gulch Spring: Point of Diversion is located in the SW¼ SW¼ of Section 14, Township 6 South, Range 97 West of the 6th P.M. in Garfield County, Colorado at a point 1279 feet distant from the South line of said Section and 4329 feet distant from the East line of said Section. Ned’s Spring: Point of Diversion is located in the SE¼ SW¼ of Section 14, Township 6 South, Range 97 West of the 6th P.M. in Garfield County, Colorado at a point 248 feet distant from the South line of said Section and 3921 feet distant from the East line of said Section. 4. Source: Circle Dot Lower Spring, Circle Dot Upper Spring, and Smearcheck Spring: Tributary to Circle Dot Gulch, Tributary to Red Gulch, Tributary to West Fork of Parachute Creek, Tributary to Parachute CreekCorral Gulch East Spring: Tributary to Corral Gulch, Tributary to Garden Gulch, Tributary to Parachute Creek. Donna’s Cabin Spring, Dick’s Cabin East Spring, Dick’s


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Spring, McKay Gulch Spring, and Ned’s Spring: Tributary to McKay Gulch, Tributary to Garden Gulch, Tributary to Parachute Creek. 5. A. Date of initiation of appropriation: All springs April 1, 1958. B. How appropriation was initiated: Stock -Construction of gathering system and stock tanks. Domestic -By field investigation of site and formation of intent to appropriate water for claimed beneficial use. C. Date water applied to beneficial use: Stock uses - April 1, 1958; Domestic uses: Donna’s Cabin Spring -December 31, 2003; Dick’s Spring - December 31, 1961; Ned’s Spring -September 31, 1996. 6. Amount claimed: Circle Dot Lower Spring 2.0 gpm, Circle Dot Upper Spring 2.0 gpm, Smearcheck Spring 1.5 gpm, Corral Gulch East Spring 2.0 gpm, Donna’s Cabin Spring 3.6 gpm, Dick’s Cabin East Spring 2.0 gpm, Dick’s Spring 16.0 gpm, McKay Gulch Spring 5.0 gpm, Ned’s Spring 6.0 gpm. Stock uses absolute for all springs. Domestic uses absolute for Donna’s Cabin Spring, Dicks Spring, Ned’s Spring. For all other springs, the domestic use is conditional.7. Use or proposed use: Each spring - domestic for 1 single family residence and livestock watering for up to 500 head of stock. 8. Names and addresses of owners of the land upon which any new diversion structure is constructed: Applicants. (10 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2010 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. 6. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2009. 09CW184 PITKIN COUNTY. Source: North Fork of the Fryingpan River. Application for finding of reasonable diligence and to make absolute. Nichols Family Trust, Created under Indenture of Trust, dated 12/31/1974 c/o Sara M. Dunn, Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602 (970)945-6546. Structure: Himmelland Reservoir. Date of Original Decree: 9/16/07 in 04CW149. Legal description: SE1/4 NW1/4, Sec. 23, T8S, R83W, 6PM, 1,934 ft. from N. sec. line and 1,335 ft. from W. sec. line, 2450 N. Fork Rd, Meredith, CO 81642. Appropriation date: 9/28/04 for cond. Irr. use. A complete description of Applicant’s diligence activities is contained in the Application on file with the Court. Claim to make absolute. Date water applied to beneficial use: 6/21/09 to 9/2/09 for Irr. of approx. 0.22 ac. adjacent to a cabin. Amt. 1.0 AF. Description of place of use: Sec. 23, T8S, R83W, 6PM north of Himmelland Reservoir. Applicant owns 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. The application requests the Court confirm and decree irrigation of 0.22 ac. for the Himmelland Reservoir as absolute. (5pgs, 3 ex.) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2010 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. 7. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2009. 09CW185 – Garfield County - Natural runoff and drainage and irr. return flows trib. to Mallory Gulch. Application for Finding of Reasonable Diligence and to Make Conditional Rights Absolute. Applicants: Donald R. and Annette Ziegler; c/o Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602; 970-945-6546. Summary of Application: Applicants request a finding of reasonable diligence in the development of the cond. water rights decreed for their Ziegler Pond No. 1 and Ziegler Spring and recognition of portions of those rights as absolute rights. Structure: Ziegler Pond No. 1. Original Decree: 12/22/2003, Case No. 02CW350, Dist. Ct., Water Div. 5. Legal description: SW1/4, SW1/4, Sec. 5, T. 6 S., R. 92 W., 6th P.M., 475 ft. from N. and 770 ft. from E. sec. Lines; 31053 Hwy 6, Rifle, CO. Approp. Date: 10/16/2002. Amt: 2.24 AF. Use: Stockwater, pisc. wildlife habitat and rec. The wildlife and rec. uses occur in place and adjacent to the pond. Structure: Ziegler Spring. Original Decree: 12/22/2003, Case No. 02CW350 Dist. Ct., Water Div. 5. Legal description: SW1/4, SW1/4, Sec. 5, T. 6 S., R. 92 W., 6th P.M., 770 ft. from N. and 565 ft. from E. sec. Lines; 0092 CR 227, Rifle, CO. Source: Spring trib. to Mallory Gulch, trib. to Colorado River. The spring is a near-surface structure, as defined in C.R.S. Sec. 37-92-103(14)(b). Approp. Date: 10/16/2002. Amt: 15.0 g.p.m. Use: Dom., stock water, and irr. The dom. use is for four residences. Irr.: 2,000 sq. ft. of lawn and garden for each residence. Non-irr.: Dom. and stock water. Diligence activities, including expenditures: Both the Ziegler Pond No. 1 and Ziegler Spring are existing structures that have been developed during the diligence period. Claim absolute: Ziegler Pond No. 1. Date applied to beneficial use: 8/31/2005. Amt: 0.90 AF. Use: Pisc., wildlife habitat and rec. Ziegler Spring. Date applied to beneficial use: Not later than 6/30/2007. Amt: 1.0 g.p.m.


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additional to the 4.0 g.p.m. previously decreed absolute. Use: Dom. Place of use: Shown on Exhibit A attached to application on file with this Court. Applicants are the owners of the land on which structures are located. Remarks: Applicants request to make 0.9 AF of the Ziegler Pond cond. right absolute for pisc., wildlife and rec. purposes and to abandon the remaining 1.34 AF and the stock water use associated with that cond. water right. Applicants request to make an additional 1.0 g.p.m. of the Ziegler Spring right absolute and to continue the remaining 9.0 g.p.m. as a cond. water right. (5 pgs). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2010 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. 8. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2009. 09CW186 BUSK-IVANHOE, INC., Principle Office Street Address: 15151 East Alameda Parkway, Suite 3600, c/o Utilities Administration, Aurora, Colorado 80012-1555, Telephone: 303.739.7370, Principle Office Mailing Address: 17850 Road JJ, Rocky Ford, Colorado 81067, Attorneys: John M. Dingess, T. Daniel Platt, Duncan, Ostrander & Dingess, P.C., 3600 South Yosemite Street, Suite 3600, Denver, Colorado 80237, 303.779.0200, APPLICATION FOR CHANGE OF WATER RIGHTS IN PITKIN COUNTY, The City of Aurora, Colorado, a municipal corporation of the counties of Adams, Arapahoe and Douglas, acting by and through its Utility Enterprise, (“Aurora”) is the sole owner of the capital stock of Applicant Busk-Ivanhoe Inc. Busk-Ivanhoe, Inc. owns an undivided one-half (1/2) interest in the water rights of the Busk-Ivanhoe System. The Board of Water Works of Pueblo, Colorado (“PBWW”) is the owner of the other undivided one-half interest in the Busk-Ivanhoe System water rights. 2. DECREED WATER RIGHTS FOR WHICH CHANGE IS SOUGHT: A. Name of Structure: Busk-Ivanhoe System. The Busk-Ivanhoe System is comprised of the Ivanhoe Reservoir, an on-channel reservoir on Ivanhoe Creek, that collects water from Ivanhoe Creek, the Lyle Ditch, the Pan Ditch and the Hidden Lake Creek Ditch in the Colorado River Basin on the western slope of Colorado, and the Ivanhoe Tunnel a/k/a Carlton Tunnel, that carries water from the Colorado River Basin through the Continental Divide to the Arkansas River Basin on the eastern slope of Colorado. The Busk-Ivanhoe System is depicted on the attached Exhibit A. B. Date of Original and All Relevant Subsequent Decrees: 1. The Busk-Ivanhoe System water rights, including Ivanhoe Reservoir and Tunnel, Lyle Ditch, Pan Ditch, and Hidden Lake Creek Ditch, were originally adjudicated by the District Court, Garfield County, Colorado, Cause No. 2621, on January 9, 1928. 2. The water rights of the Pan Ditch and the Hidden Lake Creek Ditch were made partially absolute by the District Court, Garfield County, Cause No. 3082, on August 25, 1936. 3. The water rights of the Pan Ditch and the Hidden Lake Creek Ditch were further made partially absolute by the District Court, Garfield County, Cause No. 4033, on October 24, 1952. The amounts stated in subparagraph 2.F, below, are decreed absolute water rights. All remaining conditional water rights for these structures adjudicated on January 9, 1928 have been canceled. 4. PBWW changed its one-half interest in the Busk-Ivanhoe System water rights in District Court, Water Division 5, Case No. 90CW340 (consolidated with District Court, Water Division 2, Case No. 90CW52), decree entered November 15, 1993. PBWW’s interest in the Busk-Ivanhoe System is not claimed in, is not the subject of, and is not affected by, this Application. C. Legal Descriptions of Structures. 1. Ivanhoe Reservoir. Ivanhoe Reservoir is formed by a dam approximately 21 feet high across the natural bed of Ivanhoe Creek, a tributary of Frying Pan Creek, and situated within the SE/4 of the SW/4 of Section 12, T9S, R82W, 6th P.M., Pitkin County, Colorado, with its northeasterly end located at or about a point from which the southeast corner of Section 13, T9S, R82W, 6th P.M., bears south 26º45’ east, 7,021.3, feet, which point is also described as a point in the SE/4 of the SW/4 of Section 12, T9S, R82W, 6th P.M. that lies 930 feet from the south line and 2,050 feet from the west line of Section 12, and by a bulkhead dam approximately 10 feet high at the upper end of said reservoir situated in the SE/4 of the NE/4 Section 13, T9S, R82W, 6th P.M., with its southerly end located at or about a point from which the southeast corner of Section 13 bears south 8º11’ east, 2,739.2 feet, which point is also described as a point in the SE/4 of the NE/4 of Section 13, T9S, R82W, 6th P.M. that lies 2,680 feet from the south line and 425 feet from the east line of Section 13, and overflows all or portions of the SE/4 of the SW/4 and SW/4 of the SE/4 of Section 12 and the NE/4 of the NW/4 and NE/4 of Section 13, all of T9S, R82W, 6th P.M. The Lyle, Pan and Hidden Lake Ditches, which divert from the points described below, all flow into Ivanhoe Reservoir. 2. Ivanhoe Tunnel. The Ivanhoe Tunnel has its westerly portal at or about a point from which the southeast corner of Section 13, T9S, R82W, 6th P.M., Pitkin County, Colorado, bears south, 8º11’ east 2,739.2 feet, which point is also described as a point in the SE/4 of the NE1/4 of Section 13, T9S, R82W, 6th P.M. that lies 2,680 feet from the south line and 425 feet from the east line of Section 13, and runs from thence south 54º25’ east a distance of approximately 9,400 feet to its easterly portal in the NE/4 of the SW/4 of Section 20, T9S, R81W, 6th P.M., Lake County, Colorado, which point is also described as a point in the SE/4 of the NW/4 of Section 20, T9S, R81W, 6th P.M. that lies 2,605 feet from the north line and 2,065 feet from the west line of Section 20. The Ivanhoe Tunnel crosses in its course all or parts of the SE/4 of the NE/4 and the NE/4 of the SE/4 of Section 13 in T9S, R82W, 6th P.M., the SW/4 and the SW/4 of the SE/4 of Section 18, the NE/4 of Section 19, and the S/2 of the NW/4 and the N/2 of the SW/4 of Section 20, all in T9S, R81W, 6th P.M. 3. Lyle Ditch. The Lyle Ditch diverts from Lyle Creek, a tributary of Ivanhoe Creek, at or


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about a point on the southeast bank of said stream in the NW/4 of the NE/4 of Section 2, T9S, R82W, 6th P.M., Pitkin County, Colorado, from which the southeast corner of Section 13, T9S, R82W, 6th P.M., bears south 23º19’ east, 16,607.2 feet, which point is also described as a point in the SW/4 of the NE/4 of Section 2, T9S, R82W, 6th P.M. that lies 1,155 feet from the north line and 1,470 feet from the east line of Section 2, and runs from said point in a southeasterly direction a distance of about 2 miles to Ivanhoe Reservoir. 4. Pan Ditch. The Pan Ditch diverts from Pan Creek, a tributary of South Frying Pan Creek, at a point on the north bank of said stream in the NW/4 of the NE/4 of Section 24, T9S, R82W, 6th P.M., Pitkin County, Colorado, from which the southeast corner of Section 13, T9S, R82W, 6th P.M., bears north 52º14’ east, 2,022.1 feet, which point is also described as a point in the NW/4 of the NE/4 of Section 24, T9S, R82W, 6th P.M. that lies 1,280 feet from the north line and 1,585 feet from the east line of Section 24, and runs from said point in a northwesterly direction a distance of 1.6 miles to Ivanhoe Reservoir. 5. Hidden Lake Creek Ditch. The Hidden Lake Creek Ditch diverts from Hidden Lake Creek, a tributary of Ivanhoe Creek, at a point on the east bank of said stream in the NE/4 of the SW/4 of Section 11, T9S, R82W, 6th P.M. in Pitkin County, Colorado, from which the southeast corner of Section 13, T9S, R82W, 6th P.M., bears south 46º14’ east, 11,392.5 feet, which point is also described as a point in the NE/4 of the SW/4 of Section 11, T9S, R82W, 6th P.M. that lies 2,455 feet from the south line and 2,255 feet from the west line of Section 11, and runs from said point in a southeasterly direction a distance of about 1.1 miles to Ivanhoe Reservoir. D. Decreed Sources of Water: Sources of water are Ivanhoe Creek, Hidden Lake Creek, Pan Creek and Lyle Creek, all tributary to the Frying Pan River, tributary to the Colorado River. E. Appropriation Dates: Ivanhoe Reservoir: June 27, 1921; Ivanhoe Tunnel: June 27, 1921; Lyle Ditch: September 28, 1924; Pan Ditch: October 5, 1924; Hidden Lake Creek Ditch: August 30, 1927; F. Total Amounts Decreed Absolute to Structures: Ivanhoe Reservoir: 1,200 acre-feet; Ivanhoe Reservoir and Tunnel: 35 cubic feet per second; Lyle Ditch: 50 cubic feet per second; Pan Ditch: 25 cubic feet per second; Hidden Lake Creek Ditch: 70 cubic feet per second; G. Decreed Use or Uses. The Busk-Ivanhoe System Water Rights were originally decreed for the irrigation of lands in the State of Colorado lying along Lake Fork Creek and the Arkansas River and susceptible of irrigation therefrom. H. Amount of Water that Applicant Intends to Change. Applicant shall change all of the water rights associated with its one-half interest in the Busk-Ivanhoe System. 3. DETAILED DESCRIPTION OF PROPOSED CHANGE: A. Complete Statement of Proposed Change. The Applicant seeks approval of a change for additional types and places of use of the water rights of the Busk-Ivanhoe System and additional places of storage as more fully described below. Historically, the one-half interest in the water rights of the Busk-Ivanhoe System owned by Applicant and its predecessors in interest has been diverted across the continental divide and used for irrigation purposes pursuant to the decree in District Court, Garfield County, Cause No. 2621. The water was historically used for irrigation of lands owned by the shareholders of the Highline Canal Company and of Busk-Ivanhoe, Inc. The location of the High Line Canal is identified on the attached Exhibit B-1. In addition to historic irrigation uses, following acquisition by Aurora of shares of stock in Busk-Ivanhoe Inc., the water has been used to satisfy Aurora’s service obligation within the Arkansas River basin and within areas served by Aurora’ municipal water supply and water reuse systems within the South Platte River Basin. A map of Aurora’ current municipal boundaries is attached as Exhibit B-2. The historical diversion of the water rights of the Busk-Ivanhoe System transmountain from the Colorado River basin to the Arkansas River and the South Platte River basins constituted a 100% depletion with respect to the basin of origin. The water delivered by the Busk-Ivannoe System to the Arkansas River and South Platte River basins is foreign water that, pursuant to C.R.S. § 37-82-106, may be used, reused and successively used to extinction. Therefore, no analysis of historic consumptive use or return flows is required for approval of the changes of type and place of use and places of storage requested herein. Notwithstanding the foregoing, the record of transmountain diversions for Busk-Ivanhoe, Inc. for the period 1925 through 2009 is attached as Exhibit C. 1. Change of Type of Use. The Applicant Busk-Ivanhoe, Inc., requests a decree confirming that Aurora may use water derived from Applicant’s one-half interest in the Busk-Ivanhoe System for all municipal and domestic purposes, including but not limited to fire protection, sanitary, irrigation, commercial, manufacturing, mechanical and industrial use, recreational purposes, creation and maintenance of wetlands, stock watering, fish and wildlife propagation, allowable in stream uses, if any, snowmaking, revegetation, storage and maintenance of storage reserves, and for augmentation, exchange and replacement purposes, together with the right to use, reuse, and successively use to extinction the water as foreign, imported water pursuant to C.R.S. § 37-82-106. Change of Place of Use. The Applicant Busk-Ivanhoe, Inc., seeks a change of place of use of the water derived from Applicant’s one-half interest in the Busk-Ivanhoe System to Aurora’s current and future service obligations within the Arkansas River Basin and current and future service areas served by its municipal water supply and water reuse systems and any areas within the South Platte River Basin area capable of being served by the Aurora municipal water supply, including areas served by its connections with other systems, for any current or future water supply contracts or obligations of Aurora. Currently, Aurora is located in Township 3 South, Ranges 64, 65, 66 and 67 West, 6th P.M. in Adams County; Townships 4 and 5 South, Ranges 65, 66 and 67 West, 6th P.M. in Arapahoe County; and, Township 6 South, Ranges 65 and 66 West, 6th P.M. in Douglas County. Aurora’s service area has changed from time to time and will continue to do so. 3. Places of Storage in the Arkansas River Basin. To the extent transmountain diversions of Busk-Ivanhoe System water rights are stored in the Arkansas River Basin, Applicant Busk-Ivanhoe, Inc., requests a decree confirming the right to store water, without limitation as to location, in the following reservoirs: a. Turquoise Reservoir. Turquoise Reservoir, including the proposed Turquoise Lake Enlargement, is located in all or portions of Sections 7, 8, 17, 18, 19 and 20, T9S, R80W, and Sections 10, 11, 12, 13, 14 and 15, T9S, R81W, all from the 6th P.M., in Lake County, Colorado. The Turquoise Reservoir Dam axis and the centerline of Lake Fork Creek intersect at a point whence the northwest corner of Section 16, T9S, R80W, 6th P.M., bears north 44º46’18” east of a distance of 10,344.35 feet, which point is also described as a point in the SW/4 of the NE/4 of Section 19,


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T9S, R80W, 6th P.M. that lies 2,110 feet from the north line and 1,890 feet from the east line of Section 19, all as more particularly described in the decree in Civil Action No. 5141, District Court, Chaffee County, Colorado. b. Twin Lakes Reservoir. Twin Lakes Reservoir is located in all or portions of Sections 14, 15, 16, 17, 18, 19, 20, 21, 22, 23 and 30 in T11S, R80W, 6th P.M., Lake County, Colorado. Twin Lakes Dam axis and the center line of Lake Creek intersect at a point whence the southeast corner of Section 23, T11S, R80W, 6th P.M. bears south 54º13’8” east, a distance of 3,803.10 feet, which point is also described as a point in the NE/4 of the SW/4 of Section 23, T11S, R80W, 6th P.M. that lies 2,160 feet from the south line and 2,325 feet from the west line of Section 23, or as more particularly described in the decree in Civil Action No. 5141, District Court, Chaffee County, Colorado. c. Box Creek Reservoir. Box Creek Reservoir is to be located in all or portions of Sections 32 and 33, T10S, R80W, and Sections 4 and 5, T11S, R80W, all from the 6th P.M., in Lake County, Colorado. The exact location of Box Creek Reservoir Dam is not yet established. The Box Creek dam axis may intersect the approximate centerline of the Box Creek valley at a point approximately 2,000 feet west and 300 feet south of the northeast corner of Section 4, T11S, R80W, 6th P.M. The Arkansas River Intake to Box Creek Reservoir is to be located in Sections 22, 27 and 34, T10S, R80W; and Section 3, T11S, R80W, 6th P.M., in Lake County, Colorado. d. Clear Creek Reservoir. Clear Creek Reservoir is located on Clear Creek in Sections 7 and 8, T12S, R79W, and Section 12, T12S, R80W, all of the 6th P.M. in Chaffee County, Colorado. The Places of Storage in the Arkansas River Basin are located on the attached Exhibit D-1. 4. Places of Storage in the South Platte River Basin. To the extent transmountain diversions of Busk-Ivanhoe System water rights are stored in the South Platte River Basin, Applicant Busk-Ivanhoe, Inc., requests a decree confirming the right to store water, without limitation as to location, in the following reservoirs: a. Spinney Mountain Reservoir. Spinney Mountain Reservoir is constructed on the South Platte River, with the dam forming the reservoir located in the S/2 of Section 25, T12S, R74W, 6th P.M. in Park County, Colorado, with the left abutment of the dam located at a point whence the southwest corner of Section 36, T12S, R74W, 6th P.M. bears south 23º26’ west, 8,314.3 feet, which point is also described as a point in the NW/4 of the SE/4 of Section 25, T12S, R74W, 6th P.M. that lies 2,300 feet from the south line and 2,590 feet from the east line of Section 25. b. Strontia Springs Dam and Reservoir Complex. Strontia Springs Dam is constructed on the South Platte River in Douglas County, with east-end of dam (right) abutment located at a point from whence the northwest corner of Section 21, T7S, R69W, 6th P.M. bears north 52º west a distance of 1,300 feet, which point is also described as a point in the NW/4 of the NW/4 of Section 21, T7S, R69W, 6th P.M. that lies 845 feet from the north line and 995 feet from the west line of Section 21. The right abutment is at approximate latitude 39º25’56” north, longitude 105º07’31” west. c. Chatfield Reservoir. Chatfield Reservoir is located in Sections 1, 2, 11, 12, 14 and 23, T6S, R69W, 6th P.M. and Sections 6 and 7, T6S, R68W, 6th P.M. in Douglas and Jefferson Counties, Colorado. Chatfield Reservoir is on the main stem of the South Platte River and the main stem of Plum Creek. The southeast-end of dam (right) abutment is located at a point from whence the southeast corner of Section 7, T6S, R68W, 6th P.M. bears south 64º east a distance of 2,064 feet, which point is also described as a point in the SW/4 of the SE/4 of Section 7, T6S, R68W, 6th P.M. that lies 890 feet from the south line and 1,845 feet from the east line of Section 7. The approximate (right) abutment is latitude 39º32’20” north, and longitude 105º02’33” west. d. Aurora Rampart Reservoir. Rampart Reservoir is an off-channel reservoir located in the SW/4 of the SW/4, SE/4 of the SW/4, and SW/4 of the SE/4 of Section 12, and the NW/4 of the NE/4, NE/4 of the NW/4, and NW/4 of the NW/4 of Section 13, T7S, R69W, 6th P.M., Douglas County, Colorado. The approximate (right) abutment is latitude 39º26’57” north and longitude 105º03’41” west, which point is also described as a point in the SW/4 of the SE/4 of Section 12, T7S, R69W, 6th P.M. that lies 40 feet from the south line and 1,915 feet from the east line of Section 12. e. Quincy Reservoir. Quincy Reservoir is an off-channel reservoir located in the NE/4, E/2 of the NW/4, and N/2 of the SE/4 of Section 9, and the S/2 of the NW/4, N/2 of the SW/4 of Section 10, T5S, R66W, 6th P.M., in Arapahoe County, Colorado. The approximate (right) abutment is latitude 39º38’15” north, and longitude 104º46’36” west, which point is also described as a point in the NE/4 of the NE/4 of Section 9, T5S, R66W, 6th P.M. that lies 370 feet from the north line and 1,145 feet from the east line of Section 9. f. Aurora Reservoir. The Aurora Reservoir is an off-channel reservoir located upon Senac Creek, an intermittent stream, in Sections 15, 16, 20, 21 and 22, T5S, R65W, 6th P.M., Arapahoe County, Colorado. The east-end of the dam (right) abutment is located at a point from whence the northwest corner of Section 15, T5S, R65W, 6th P.M. bears north 45º west a distance of 2,970 feet, which point is also described as a point in the SE/4 of the NW/4 of Section 15, T5S, R65W, 6th P.M. that lies 2,110 feet from the north line and 2,105 feet from the west line of Section 15. The approximate (right) abutment is latitude 39º37’06” north, and longitude 104º39’11” west. g. East Reservoir Complex. The East Reservoir will be located in one or more of the following off-channel locations: Site 1: Site 1A: In Sections 14 and 23 and the N/2 of Section 26, T4S, R65W, 6th P.M. in Arapahoe County, Colorado. Site 1B: In Sections 9, 10 and 15 and S/2 of Sections 3 and 4 and N/2 of Section 16, T4S, R65W, 6th P.M. in Arapahoe County, Colorado. Site 2: Site 2B: In Section 26 and 27 and N/2 of Sections 34, 35 and 36, T4S, R65W, 6th P.M., in Arapahoe County, Colorado. h. Aquifer Recharge and Recovery Facility B (“ARR-B”) and Aurora Tucson South-South Platte Storage Facility Subunits (“Tucson South”). ARR-B and Tucson South will occupy all or portions of the N/2 of the SE/4, the SW/4of the SE/4, and the SW4, all in Section 1, T1S, R67W, 6th P.M., in Adams County, Colorado. i. Challenger Gravel Pit Reservoir. The Challenger Gravel Pit Reservoir will occupy a portion of the NW/4 of Section 1, T1S, R67W, 6th P.M., in Adams County Colorado. j. Kirby-Dersham Gravel Pit Reservoir. The Kirby-Dersham Gravel Pit Reservoir will occupy portions of the NW/4 of the SE/4, the SW/4 of the SE/4, and the NE/4 of the SE/4, of Section 36, T1N, R67W, 6th P.M., in Weld County, Colorado. k. Robert W. Walker Reservoir (“Walker South”). Walker South is located in the E/2 of Section 31, T1N, R66W, 6th P.M. in Weld County, Colorado. l. Stillwater Ranch Reservoir (“Walker North”). Walker North is located in the E/2 of Section 31, T1N, R67W, 6th P.M. in Weld County, Colorado. m. Aquifer Recharge and Recovery Facility A (“ARR-A”). ARR-A will occupy all or portions of the S/2 and NW/4 of the


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SE/4, and the SW/4, all in Section 13, and the N/2 of the NW/4 of Section 24, T1N, R67W, 6th P.M., in Weld County, Colorado. n. Fort Lupton Reservoir No. 1. Fort Lupton Reservoir No. 1 is a group of interconnected gravel pits that will occupy portions of the E/2 of the NW/4 of Section 25, T2N, R67W, 6th P.M., and portions of the NW/4 of the NW/4, the SW/4 of the NW/4, and the SE/4 of the NW/4 of Section 30, T2N, R66W, 6th P.M., in Weld County, Colorado. o. Fort Lupton Reservoir No. 2. Fort Lupton Reservoir No. 2 is a group of interconnected gravel pits that will occupy portions of the NW/4 of the NW/4, the NE/4 of the NW/4, and the SW/4 of the NE/4 of Section 30, T2N, R66W, 6th P.M., in Weld County, Colorado. The Places of Storage in the South Platte River Basin are located on the attached Exhibits D-2, D-3 and D-4. B. No Correction of Well Location. The Applicant does not seek to correct the location of a well in an existing decree. C. No Change in Points of Diversion. The Applicant does not seek to change the point of diversion of the Busk-Ivanhoe System water rights. 4. NAMES AND ADDRESSES OF OWNERS OF THE LAND UPON WHICH ANY NEW DIVERSION OR STORAGE STRUCTURE, OR MODIFICATION TO ANY EXISTING DIVERSION OR STORAGE STRUCTURE IS OR WILL BE CONSTRUCTED OR UPON WHICH WATER IS OR WILL BE STORED, INCLUDING ANY MODIFICATION TO THE EXISTING STORAGE POOL: Pursuant to C.R.S. § 37-92-302(b), Applicant shall supplement this application with evidence that the Applicant has, within ten days of filing this Application, given notice of the Application by registered or certified mail, return receipt requested, to the following owners of the diversion and storage structures identified in this Application: A. The diversion and storage structures that comprise the Busk-Ivanhoe System (Ivanhoe Reservoir and Tunnel, Lyle Ditch, Pan Ditch and Hidden Lake Creek Ditch) are owned by Board of Water Works of Pueblo, Colorado, Attn: Alan C. Hamel, Executive Director, 319 West Fourth Street, Pueblo, Colorado 81003. The Busk-Ivanhoe System is located on land where the underlying fee interest is owned by United States Forest Service, White River National Forest, 900 Grand Ave. P.O. Box 948, Glenwood Springs, Colorado 81602. B. The Box Creek Reservoir site and Arkansas River Intake are located on land where the underlying fee interest is owned by City of Aurora, c/o Director of Utilities, 15151 East Alameda Parkway, Suite 3600, Aurora, Colorado 80012, and the U.S. Forest Service, San Isabel National Forest, 2840 Kachina Drive Pueblo, Colorado 81008. C. The Strontia Springs Dam and Reservoir Complex are owned by the City and County of Denver, acting by and through its Board of Water Commissioners, 1600 West 12th Avenue, Denver, Colorado 80204-3412. D. Spinney Mountain Reservoir, Aurora Rampart Reservoir, Quincy Reservoir, Aurora Reservoir, and ARR-A are owned by the City of Aurora, c/o Director of Utilities, 15151 East Alameda Parkway, Suite 3600, Aurora, Colorado 80012. E. The East Reservoir sites are owned by the parties listed on the attached Exhibit E. F. The ARR-B and Tucson South sites are located on land where the underlying fee interest is owned by Aggregate Industries – WCR, Inc., 1707 Cole Boulevard, Suite 100, Golden, Colorado 80401; Thomas Z. and Elsie J. Mars, 3400 East 56th Avenue, Commerce City, Colorado 80022-3620; Amy Horiuchi, 16315 Tucson Street, Brighton 80602; and Robert L. Seltzer Family Trust, 33641 WCR 83, Briggsdale, Colorado 80611. G. The Challenger Gravel Pit reservoir site is located on land where the underlying fee interest is owned by Front Range Aggregates, LLC, 1161 S. Perry Street, Suite 110, Castle Rock, Colorado 80104. H. The Kirby Dersham Gravel Pit Reservoir and the Robert W. Walker Reservoir are located on land where the underlying fee interest is owned by HIBE, LLC,301 Centennial Drive, Milliken, Colorado 80543. I. The Stillwater Ranch Reservoir is located on land where the underlying fee interest is owned by Carl F. Eiberger, 303 South Broadway B-200, Denver, Colorado 80209 and Peter L. Baurer and Cynthia S. Baurer, 810 Saturn St., #16, Jupiter, Florida 33477. J. Fort Lupton Reservoir Nos. 1 and 2 are located on land where the underlying fee interest is owned by LG Everist, Inc.,7321 E. 88th Avenue., Suite. 200, Henderson, Colorado 80640. K. Chatfield Reservoir is owned by the United States Army Corps of Engineers, Attn: Tim Carey, Division Manager, 9307 South Platte Canyon Road, Littleton, Colorado 80128. 5. REMARKS. A. The water delivered by the Busk-Ivanhoe System to the Arkansas River and South Platte River basins is foreign, imported water which, pursuant to C.R.S. § 37-82-106, Aurora, as sole shareholder of Applicant Busk-Ivanhoe, Inc., is entitled to use, reuse and make successive use to extinction. B. The water rights that are the subject of this matter were previously transferred out of the Colorado River basin by transmountain diversion. So far as appropriators of water from the Colorado River and its tributaries are concerned, use of water from the Busk-Ivanhoe System by Aurora, as sole shareholder of Applicant Busk-Ivanhoe, Inc., is 100% consumptive. Twin Lakes Reservoir and Canal Co. v. City of Aspen, 193 Colo. 478, 568 P.2d 45, 50 (1977). C. Appropriators of water from the Arkansas River and its tributaries have no vested rights to the continued import of foreign water from the Busk-Ivanhoe System in the Colorado River basin. Brighton Ditch Co. v. City of Englewood, 124 Colo. 366, 237 P.2d 116, 122 (1951). D. Pursuant to C.R.S. § 37-83-101 and other applicable law, Applicant claims the right to recapture and store water diverted under the Busk-Ivanhoe System water right at other locations in the Arkansas River and South Platte River basins to the extent Aurora then has the right to use such other facilities and can demonstrate dominion over the water imported into those basins. E. On the date of this Application Busk-Ivanhoe Inc. has simultaneously filed Applications identical in content with the Water Clerk for the District Court, Water Division 1 (South Platte River Basin); the Water Clerk for the District Court, Water Division 2 (Arkansas River Basin); and the Water Clerk for the District Court, Water Division 5 (Colorado River Basin). The only difference between the Applications filed in each Water Division is the caption, and only to the extent the caption identifies the District Court for the appropriate Water Division and the Counties within each Water Division affected by the Application. When the time for filing statements of opposition has expired pursuant to C.R.S. § 37-92-302, the Applicant will seek to consolidate the Applications pursuant to C.R.C.P. Rule 42.1. 6. PRAYERS FOR RELIEF. A. Applicant respectfully requests this Court grant a decree for the requested changes of use of Applicant Busk-Ivanhoe, Inc.’s one-half interest in the Busk-Ivanhoe System water rights for use in Aurora’s municipal service area in the South Platte River Basin and for the requested alternate places of storage in the Arkansas and South Platte River Basins as described in paragraph 3 of this Application. B. Applicant


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requests this Court also grant such additional relief that it deems necessary and appropriate to further the purposes of the change of water right requested herein. Attachments: Exhibits A, B-1, B-2, C, D-1, D-2, D-3, D-4, E. (23 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2010 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. 9. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2009. 09CW187 FREMONT PASS DITCH COMPANY, 15151 East Alameda Parkway, Suite 3600, Aurora, Colorado 80012-1555, Telephone: 303.739.7370, Attorneys: John M. Dingess, Austin Hamre, T. Daniel Platt, Duncan, Ostrander & Dingess, P.C., 3600 South Yosemite Street, Suite 3600, Denver, Colorado 80237, 303.779.0200; Brian M. Nazarenus, Olivia D. Lucas, Ryley, Carlock & Applewhite, P.C., 1999 Broadway, Suite 1800, Denver, Colorado 80202, 303.863.7500, APPLICATION FOR CHANGE OF WATER RIGHTS IN EAGLE AND SUMMIT COUNTIES, The Fremont Pass Ditch Company (“FPDC” or “Applicant”) was formed pursuant to C.R.S. § 7-42-101, et seq. and § 7-121-101, et seq. The shareholders of the FPDC are the City of Aurora, Colorado, a municipal corporation of the counties of Adams, Arapahoe and Douglas, acting by and through its Utility Enterprise (“Aurora”), and the Climax Molybdenum Company, a Delaware Corporation (“Climax”). 2. DECREED WATER RIGHT FOR WHICH CHANGE IS SOUGHT: 2.1. Name of Structure: Columbine Ditch. 2.2. Date of Original and All Relevant Subsequent Decrees: 2.2.1. The water right of the Columbine Ditch was originally adjudicated in District Court, Eagle County, Civil Case No. 963, decree entered October 3, 1936. 2.2.2. The water right of the Columbine Ditch was changed for use by the Board of Water Works of Pueblo in Case No. 90CW340, District Court, Water Division 5 (consolidated with Case No. 90CW052, District Court, Water Division 2), decree entered November 15, 1993. 2.3. Legal Description of Structure: 2.3.1 Columbine Ditch: The Columbine Ditch is located in portions of Sections 4, 5, 6 and 9, Township 8 South, Range 79 West, 6th P.M. in Eagle and Lake Counties, Colorado, as more fully described in the attached Exhibit A. As depicted in Exhibit A, the Ditch starts at Headgate No. 1, which is the furthest northwest, and runs generally southeast to Headgate No. 2, then to Headgate No. 3, then across the Continental Divide at Columbine Pass and discharges the collected waters into the West Branch of Chalk Creek, a tributary of the Arkansas River. Surface runoff is diverted by the ditch along its entire course. Three unnamed branches of the East Fork of the Eagle River are intercepted by the ditch at the following points of diversion: 2.3.1.1. Headgate No. 1 is situate at a point from whence the southeast corner of Section 5, T8S, R79W, 6th P.M. bears south 55°39’ east a distance of 7127.6 feet, in Eagle County, Colorado. The UTM coordinates of this headgate are in Zone 13 North and are as follows: Northing 4360235m, Easting 392178m. 2.3.1.2 Headgate No. 2 is situate at a point from whence the said southeast corner of Section 5, T8S, R79W, 6th P.M. bears south 57°29’ east a distance of 4957.3 feet in Eagle County, Colorado. The UTM coordinates of this headgate are in Zone 13 North and are as follows: Northing 4359871.841m, Easting 392690.277m. 2.3.1.3. Headgate No. 3 is situate at a point from whence the said southeast corner of Section 5, T8S, R79W, 6th P.M. bears south 65°38’ east a distance of 1091 feet in Eagle County, Colorado. The UTM coordinates of this headgate are in Zone 13 North and are as follows: Northing 4359186.678m, Easting 393634.282m. 2.4. Decreed Source of Water. Three unnamed branches of the East Fork of the Eagle River, as well as snowmelt, sheet flow and surface runoff tributary to the East Fork above the line of the Columbine Ditch and from other water along the course of the ditch. 2.5 Appropriation Date: June 21, 1930. 2.6. Total Amount Decreed to Structure: 2.6.1. Civil Case No. 963. The decree in Civil Case No. 963 limited the amount of water diverted by the Columbine Ditch to 60 cfs absolute, diverted from the respective headgates in the following quantities: Headgate No. 1: 10 c.f.s.; Headgate No. 2: 20 c.f.s.; Headgate No. 3: 30 c.f.s. 2.6.2. Case No. 90CW340. In Case No. 90CW340 the following season of use and volumetric limitations were placed on the water rights of the Columbine Ditch: 2.6.2.1. Season of Use: April 28 to October 21, except that water diverted in compliance with the seasonal limitation may be stored for subsequent use. 2.6.2.2. 60-Year Volumetric Limitation: In any 60 year period: 80,220 acre-feet. 2.6.2.3. 20-Year Volumetric Limitation: In any 20 year period: 36,400 acre-feet. 2.6.2.4. Annual Maximum Volumetric Limitation: In any one year: 3,148 acre-feet. 2.7. Decreed Use or Uses. The Columbine Ditch water rights were decreed in Civil Case No. 963 “for irrigation purposes upon various tracts of land situated along the Arkansas River.” In addition to its originally decreed purposes, in Case No. 90CW340 the Board of Water Works of Pueblo changed the use of its interest in the Columbine Ditch water rights for all beneficial uses related to the Board’s operation, including municipal, domestic, irrigation, commercial, industrial, mechanical, power generation and cooling, waste water treatment, recreation, fish and wildlife, replacement, exchange, augmentation, substitution and storage in aid of the foregoing purposes, together with the right to use, reuse, and successively use to extinction the water changed as foreign water pursuant to C.R.S. § 37-82-106. The decree in Case No. 90CW340 identified Twin Lakes Reservoir, Turquoise Lake, Clear Creek Reservoir and Pueblo Reservoir as places of storage for water diverted transmountain. 2.8. Amount of Water that Applicant Intends to Change. Applicant shall continue to divert water at the rate of 60 cfs as decreed in Civil Case No. 963, limited to the seasonal and volumetric limitations decreed in Case No. 90CW340, as set forth above. 3. DETAILED DESCRIPTION OF PROPOSED CHANGE: The Applicant


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seeks approval of a change for additional types and places of use of the Columbine Ditch water rights for the shareholders of the Freemont Pass Ditch Company, and additional places of storage as more fully described below. Historically, the water rights of the Columbine Ditch have been diverted across the continental divide and used for irrigation purposes pursuant to the decree in Civil Case No. 963 and for all beneficial uses related to the operation by the Board of Water Works of Pueblo pursuant to the decree in Case No. 90CW340. A map of the service area of the Board of Water Works of Pueblo is attached as Exhibit B. The historical diversion of Columbine Ditch water transmountain from the Colorado River basin to the Arkansas River basin constituted a 100% depletion with respect to the basin of origin. The water delivered by the Columbine Ditch to the Arkansas River basin is foreign water that, pursuant to C.R.S. § 37-82-106, may be used, reused and successively used to extinction. Because the use of the transmountain Columbine Ditch water rights was changed in Case No. 90CW340 subject to season of use and volumetric limitations described in paragraph 2.6, above, no analysis of historic consumptive use or return flows is required for approval of the changes of type and place of use, and places of storage requested herein. Notwithstanding the foregoing, the record of diversions for the Columbine Ditch for the period 1947 through 2008 is attached as Exhibit C. 3.1. Changes for Additional Types and Places of Use for Aurora. 3.1.1. Changes for Additional Types of Use for Aurora. The Applicant seeks a change of type of use of the Columbine Ditch water rights confirming that in addition to types of use decreed in Civil Action No. 963 and Case No. 90CW340, Aurora may use water derived from the Columbine Ditch water right for municipal and domestic purposes including, but not limited to, fire protection, irrigation of lawns, gardens, parks, private and municipal facilities, sanitary, commercial, manufacturing, mechanical and industrial use, recreational purposes, creation and maintenance of wetlands, stock watering, fish and wildlife propagation, allowable instream uses, if any, snowmaking, revegetation, storage and maintenance of storage reserves, reservoir evaporation replacement, augmentation, exchange and replacement purposes, for use, reuse for successive uses, disposition following initial use, and reuse until extinction as foreign, imported water pursuant to C.R.S. § 37-82-106. 3.1.2. Changes for Additional Places of Use for Aurora. The Applicant seeks a change of place of use of the water derived from the Columbine Ditch water rights confirming the addition of Aurora’s current and future service obligations within the Arkansas River Basin and current and future service areas served by its municipal water supply and water reuse systems and any areas within the South Platte River Basin area capable of being served by the Aurora municipal water supply, including areas served by its connections with other systems, for any current or future water supply contracts or obligations of Aurora. Currently, Aurora is located in Township 3 South, Ranges 64, 65, 66 and 67 West, 6th P.M. in Adams County; Townships 4 and 5 South, Ranges 65, 66 and 67 West, 6th P.M. in Arapahoe County; and Township 6 South, Ranges 65 and 66 West, 6th P.M. in Douglas County. Aurora’s service area has changed from time to time and will continue to do so. Aurora’s current municipal boundaries are depicted on the attached Exhibit D-1. 3.1.3. Additional Places of Storage in the Arkansas River Basin for Aurora. To the extent transmountain diversions of Columbine Ditch water rights are stored in the Arkansas River Basin, Applicant requests a decree confirming the additional right to store water in: 3.1.3.1. Box Creek Reservoir. Box Creek Reservoir is to be located in all or portions of Sections 32 and 33, T10S, R80W, and Sections 4 and 5, T11S, R80W, all from the 6th P.M., in Lake County, Colorado. The exact location of Box Creek Reservoir Dam is not yet established. The Box Creek dam axis may intersect the approximate centerline of the Box Creek valley at a point approximately 2,000 feet west and 300 feet south of the northeast corner of said Section 4, T11S, R80W, 6th P.M. The Arkansas River Intake to Box Creek Reservoir is to be located in Sections 22, 27 and 34, T10S, R80W; and Section 3, T11S, R80W, 6th P.M., in Lake County, Colorado. Box Creek Reservoir is located on the attached Exhibit D-2. 3.1.4. Additional Places of Storage in the South Platte River Basin for Aurora. To the extent transmountain diversions of Columbine Ditch water rights are stored in the South Platte River Basin, Applicant requests a decree confirming the additional right to store water, without limitation as to location, in the following reservoirs: 3.1.4.1. Spinney Mountain Reservoir. Spinney Mountain Reservoir is constructed on the South Platte River, with the dam forming the reservoir located in the S/2 of Section 25, T12S, R74W, 6th P.M. in Park County, Colorado, with the left abutment of the dam located at a point whence the southwest corner of Section 36, T12S, R74W, 6th P.M. bears south 23º26’ west, 8,314.3 feet, which point is also described as a point in the NW/4 of the SE/4 of Section 25, T12S, R74W, 6th P.M. that lies 2,300 feet from the south line and 2,590 feet from the east line of Section 25. 3.1.4.2. Strontia Springs Dam and Reservoir Complex. Strontia Springs Dam is constructed on the South Platte River in Douglas County, with east-end of dam (right) abutment located at a point from whence the northwest corner of Section 21, T7S, R69W, 6th P.M. bears north 52º west a distance of 1,300 feet, which point is also described as a point in the NW/4 of the NW/4 of Section 21, T7S, R69W, 6th P.M. that lies 845 feet from the north line and 995 feet from the west line of Section 21. The right abutment is at approximate latitude 39º25’56” north, longitude 105º07’31” west. 3.1.4.3. Chatfield Reservoir. Chatfield Reservoir is located in Sections 1, 2, 11, 12, 14 and 23, T6S, R69W, 6th P.M. and Sections 6 and 7, T6S, R68W, 6th P.M. in Douglas and Jefferson Counties, Colorado. Chatfield Reservoir is on the main stem of the South Platte River and the main stem of Plum Creek. The southeast-end of dam (right) abutment is located at a point from whence the southeast corner of Section 7, T6S, R68W, 6th P.M. bears south 64º east a distance of 2,064 feet, which point is also described as a point in the SW/4 of the SE/4 of Section 7, T6S, R68W, 6th P.M. that lies 890 feet from the south line and 1,845 feet from the east line of Section 7. The approximate (right) abutment is latitude 39º32’20” north, and longitude 105º02’33” west. 3.1.4.4. Aurora Rampart Reservoir. Rampart Reservoir is an off-channel reservoir located in the SW/4 of the SW/4, SE/4 of the SW/4, and SW/4 of the SE/4 of Section 12, and the NW/4 of the NE/4, NE/4 of the NW/4, and NW/4 of the NW/4 of Section 13, T7S, R69W, 6th P.M., Douglas County, Colorado. The approximate (right) abutment is latitude 39º26’57” north and longitude 105º03’41” west, which point is also described as a point in the SW/4 of the SE/4 of Section 12, T7S, R69W, 6th P.M. that lies 40 feet from the south line and 1,915 feet from the east line of Section 12. 3.1.4.5 Quincy Reservoir. Quincy Reservoir is an off-channel reservoir


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located in the NE/4, E/2 of the NW/4, and N/2 of the SE/4 of Section 9, and the S/2 of the NW/4, N/2 of the SW/4 of Section 10, T5S, R66W, 6th P.M., in Arapahoe County, Colorado. The approximate (right) abutment latitude 39º38’15” north, and longitude 104º46’36” west, which point is also described as a point in the NE/4 of the NE/4 of Section 9, T5S, R66W, 6th P.M. that lies 370 feet from the north line and 1,145 feet from the east line of Section 9. 3.1.4.6. Aurora Reservoir. The Aurora Reservoir is an off-channel reservoir located upon Senac Creek, an intermittent stream, in Sections 15, 16, 20, 21 and 22, T5S, R65W, 6th P.M., Arapahoe County, Colorado. The east-end of the dam (right) abutment is located at a point from whence the northwest corner of Section 15, T5S, R65W, 6th P.M. bears north 45º west a distance of 2,970 feet, which point is also described as a point in the SE/4 of the NW/4 of Section 15, T5S, R65W, 6th P.M. that lies 2,110 feet from the north line and 2,105 feet from the west line of Section 15. The approximate (right) abutment is latitude 39º37’06” north, and longitude 104º39’11” west. 3.1.4.7. East Reservoir Complex. The East Reservoir will be located in one or more of the following off-channel locations: Site 1: Site 1A: In Sections 14 and 23 and the N/2 of Section 26, T4S, R65W, 6th P.M. in Arapahoe County, Colorado. Site 1B: In Sections 9, 10 and 15 and S/2 of Sections 3 and 4 and N/2 of Section 16, T4S, R65W, 6th P.M. in Arapahoe County, Colorado. Site 2: Site 2B: In Section 26 and 27 and the N/2 of Sections 34, 35 and 36, T4S, R65W, 6th P.M., in Arapahoe County, Colorado. 3.1.4.8. Aquifer Recharge and Recovery Facility B (“ARR-B”) and Aurora Tucson South-South Platte Storage Facility Subunits (“Tucson South”). ARR-B and Tucson South will occupy all or portions of the N/2 of the SE/4, the SW/4 of the SE/4, and the SW4, all in Section 1,T1S, R67W, 6th P.M., in Adams County, Colorado. 3.1.4.9. Challenger Gravel Pit Reservoir. The Challenger Gravel Pit Reservoir will occupy a portion of the NW/4 of Section 1, T1S, R67W, 6th P.M., in Adams County Colorado. 3.1.4.10. Kirby-Dersham Gravel Pit Reservoir. The Kirby-Dersham Gravel Pit Reservoir will occupy portions of the NW/4 of the SE/4, the SW/4 of the SE/4, and the NE/4 of the SE/4, of Section 36, T1N, R67W, 6th P.M., in Weld County, Colorado. 3.1.4.11. Robert W. Walker Reservoir (“Walker South”). Walker South is located in the E/2 of Section 31, T1N, R66W, 6th P.M. in Weld County, Colorado. 3.1.4.12. Stillwater Ranch Reservoir(“Walker North”). Walker North is located in the E/2 of Section 31, T1N, R67W, 6th P.M. in Weld County, Colorado. 3.1.4.13. Fort Lupton Reservoir No. 1. Fort Lupton Reservoir No. 1 is a group of interconnected gravel pits that will occupy portions of the E/2 of the NW/4 of Section 25, T2N, R67W, 6th P.M., and portions of the NW/4 of the NW/4, the SW/4 of the NW/4, and the SE/4 of the NW/4, of Section 30, T2N, R66W, 6th P.M., in Weld County, Colorado. 3.1.4.14. Fort Lupton Reservoir No. 2. Fort Lupton Reservoir No. 2 is a group of interconnected gravel pits that will occupy portions of the NW/4 of the NW/4, the NE/4 of the NW/4, and the SW/4 of the NE/4 of Section 30, T2N, R66W, 6th P.M., in Weld County, Colorado. The Additional Places of Storage in the South Platte River Basin for Aurora are located on the attached Exhibits D-3, D-4 and D-5. 3.2. Additional Changes for Type and Place of Use by Climax. 3.2.1. Additional Change of Type of Use for Climax. The Applicant seeks a change of type of use of the Columbine Ditch water rights confirming that in addition to types of use decreed in Civil Action No. 963 and Case No. 90CW340, Climax may use water derived from the Columbine Ditch water right for use, reuse, successive use, and disposition for the following beneficial purposes: mining purposes; milling purposes, including but not limited to flotation, drying, and in scrubbers and to transport tailing slurry to the Robinson, Tenmile and Mayflower tailings impoundments, and in processing waste rock and to settle out tailing in the decant water pool; concrete batching; mechanical use; recreational purposes; creation and maintenance of wetlands; stock watering; fish and wildlife propagation; allowable instream uses, if any; snowmaking; reclamation; revegetation; dust suppression; storage and maintenance of storage reserves; reservoir evaporation replacement; domestic; irrigation; agricultural and any other beneficial purpose associated with the Climax Mine. Additionally Applicant requests that the water derived from the Columbine Ditch water right may be produced for an immediate use, for storage and subsequent use, for exchange purposes, for replacement of depletions resulting from the use of water from this or other sources, and for augmentation purposes; provided, however, that any such exchanges or augmentation plans shall be approved by the Division Engineer or otherwise decreed by the Water Court. 3.2.2. Additional Change of Place of Use for Climax. The Applicant seeks a change in place of use of the Columbine Ditch water rights confirming that in addition to the places of use decreed in Civil Action No. 963 and Case No. 90CW340, water will be used at the Climax Mine and its ancillary facilities, including the Jones Gravel Pit. The Climax Mine presently consists of approximately 22 square miles located at the headwaters of Tenmile Creek, the East Fork Arkansas River, and the East Fork of the Eagle River, in parts of Sections 7, 18, 19, and 31, Township 7 South, Range 78 West, 6th. P.M.; Sections 12, 13, 14, 15, 21, 22, 23, 24, 25, 26, 27, 28, 29, 32, 33, 34, 35, and 36, Township 7 South, Range 79 West, 6th. P.M.; Sections 6, 7, and 18, Township 8 South, Range 78 West, 6th. P.M.; and Sections 1, 2, 3, 4, 5, 10, 11, 12, 13, and 14, Township 8 South, Range 79 West, 6th. P.M. in Lake, Summit and Eagle counties. The Jones Gravel Pit is located in the E/2 of Township 9 South, Range 80 West, 6th P.M., approximately two miles northwest of the town of Leadville, in Lake County, Colorado. 3.2.3. Additional Places of Storage by Climax. 3.2.3.1. Robinson Reservoir. Robinson Reservoir is a 3,136 acre foot reservoir located in the SE/4 of Section 33 and the SW/4 of Section 34, both in T7S, R79W, 6th P.M, in Eagle County, Colorado. 3.2.3.2. Chalk Mountain Reservoir. Chalk Mountain Reservoir is a 204.1 acre foot reservoir located in the SW/4 of Section 34, T7S, R79W, 6th P.M., in Eagle County, Colorado. 3.2.3.3. Buffehr’s Lake. Buffehr’s Lake is a 102.8 acre foot reservoir located in the SW/4 of Section 2, T8S, R79W, 6th P.M., in Summit County, Colorado. 3.2.3.4. Climax Mine Underground Levels. The Climax Mine Underground Levels have a storage capacity of approximately 1,223 acre feet and are located beneath the S/2 of Section 1, and the N/2, the SE/4, and the N/2SW/4 of Section 12, all in T8S, R79W, 6th P.M., in Lake County, Colorado. 3.2.3.5. Mayflower Pond. The Mayflower Pond presently is an approximately 7,960 acre foot tailings pond in the SW/4 of Section 13, the SE/4 of Section 14, the NW/4 of Section 24, and most of Section 23, all in T7S, R79W, 6th P.M., in Summit County, Colorado. The size of the Mayflower Pond may be expanded or reduced in the future as a result of mining and milling operations. 3.2.3.6. Tenmile Pond.


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Tenmile Pond presently is an approximately 4,730 acre foot tailings pond in most of Section 26, the E/2 of Section 27, the NE/4 of Section 34, and the N/4 of Section 35, all in T7S, R79W, 6th P.M., in Summit County, Colorado. The size of Tenmile Pond may be expanded or reduced in the future as a result of mining and milling operations. 3.2.3.7. Robinson Pond. Robinson Pond presently is an approximately 500 acre foot tailings pond in the SW/4 of Section 27, the NW/4 and the E/2 of Section 34, and the W/2 of Section 35, all in T7S, R79W, 6th P.M; also in the E/2 of Section 3 and the W/2 of Section 2, both in T8S, R79W, 6th P.M., all in Summit County, Colorado. The size of Robinson Pond may be expanded or reduced in the future as a result of mining and milling operations. The Additional Places of Storage by Climax are located on the attached Exhibit D-6. 3.3. No Correction of Well Location. The Applicant does not seek to correct the location of a well in an existing decree. 3.4. No Change in Points of Diversion. The Applicant does not seek to change the point of diversion of the Columbine Ditch water right. 4. NAMES AND ADDRESSES OF OWNERS OF THE LAND UPON WHICH ANY NEW DIVERSION OR STORAGE STRUCTURE, OR MODIFICATION TO ANY EXISTING DIVERSION OR STORAGE STRUCTURE IS OR WILL BE CONSTRUCTED OR UPON WHICH WATER IS OR WILL BE STORED, INCLUDING ANY MODIFICATION TO THE EXISTING STORAGE POOL: Pursuant to C.R.S. § 37-92-302(2)(b), Applicant shall supplement this Application with evidence that the Applicant has, within ten days of filing this Application, given notice of the Application by registered or certified mail, return receipt requested, to the following owners of land upon which water is or will be stored: 4.1. The Box Creek Reservoir site and Arkansas River Intake are located on land where the underlying fee interest is owned by City of Aurora, c/o Director of Utilities, 15151 East Alameda Parkway, Suite 3600, Aurora, Colorado 80012, and the U.S. Forest Service, San Isabel National Forest, 2840 Kachina Drive Pueblo, Colorado 81008. 4.2. The Strontia Springs Dam and Reservoir Complex are located on land where the underlying fee interest is owned by the City and County of Denver, acting by and through its Board of Water Commissioners 1600 West 12th Avenue, Denver, Colorado 80204-3412. 4.3. Spinney Mountain Reservoir, Aurora Rampart Reservoir, Quincy Reservoir, Aurora Reservoir, and ARR-A are located on land where the underlying fee interest is owned by the City of Aurora, c/o Director of Utilities, 15151 East Alameda Parkway, Suite 3600, Aurora, Colorado 80012. 4.4. The East Reservoir sites are located on land where the underlying fee interest is owned by the parties listed on the attached Exhibit E. 4.5. The ARR-B and Tucson South sites are located on land where the underlying fee interest is owned by Aggregate Industries - WCR, Inc., 1707 Cole Boulevard, Suite 100, Golden, Colorado 80401; Thomas Z. and Elsie J. Mars, 3400 East 56th Avenue, Commerce City, Colorado 80022-3620; Amy Horiuchi, 16315 Tucson Street, Brighton 80602; and Robert L. Seltzer Family Trust, 33641 WCR 83, Briggsdale, Colorado 80611. 4.6. The Challenger Gravel Pit reservoir site is located on land where the underlying fee interest is owned by Front Range Aggregates, LLC, 1161 S. Perry Street, Suite 110, Castle Rock, Colorado 80104. 4.7. The Kirby Dersham Gravel Pit Reservoir and the Robert W. Walker Reservoir are located on land where the underlying fee interest is owned by HIBE, LLC,301 Centennial Drive, Milliken, Colorado 80543. 4.8. The Stillwater Ranch Reservoir is located on land where the underlying fee interest is owned by Carl F. Eiberger 303 South Broadway B-200, Denver, Colorado 80209 and Peter L. Baurer and Cynthia S. Baurer 810 Saturn St., #16, Jupiter, Florida 33477. 4.9. Fort Lupton Reservoir Nos. 1 and 2 are located on land where he underlying fee interest is owned by LG Everist, Inc.,7321 E. 88th Avenue., Suite. 200, Henderson, Colorado 80640. 4.10. Chatfield Reservoir is located on land where the underlying fee interest is owned by the United States of America, United States Army Corps of Engineers, Attn: Tim Carey, Division Manager, 9307 South Platte Canyon Road, Littleton, Colorado 80128. 4.11. Robinson Reservoir, Chalk Mountain Reservoir, Buffehr’s Lake, Climax Mine Underground Levels, Mayflower Pond, Tenmile Pond, Robinson Pond and Jones Reservoir are all owned by Climax Molybdenum Company, 1742 County Road 202, P.O. Box 68, Empire Colorado 80436. 5. REMARKS 5.1. The water delivered by the Columbine Ditch to the Arkansas River and South Platte River basins is foreign, imported water which, pursuant to C.R.S. § 37-82-106, Applicant is entitled to use, reuse and make successive use to extinction. 5.2. The water rights that are the subject of this matter were previously transferred out of the Colorado River basin by transmountain diversion. So far as appropriators of water from the Colorado River and its tributaries are concerned, use of water from the Columbine Ditch in the Arkansas River and South Platte River basins, is 100% consumptive. Twin Lakes Reservoir and Canal Co. v. City of Aspen, 193 Colo. 478, 568 P.2d 45, 50 (1977). 5.3. Appropriators of water from the Arkansas River and its tributaries have no vested rights to the continued import of foreign water from the Columbine Ditch in the Colorado River basin. Brighton Ditch Co. v. City of Englewood, 124 Colo. 366, 237 P.2d 116, 122 (1951). 5.4. Pursuant to C.R.S. § 37-83-101 and other applicable law, Applicant claims the right to recapture and store water diverted under the Columbine Ditch water right at other locations in the Arkansas River and South Platte River basins to the extent Aurora then has the right to use such other facilities and can demonstrate dominion over the water imported into those basins. 5.5. On the date of this Application FPDC simultaneously filed Applications identical in content with the Water Clerk for the District Court, Water Division 1 (South Platte River Basin); the Water Clerk for the District Court, Water Division 2 (Arkansas River Basin); and the Water Clerk for the District Court, Water Division 5 (Colorado River Basin). The only difference between the Applications filed in each Water Division is the caption, and only to the extent the caption identifies the District Court for the appropriate Water Division, the Counties within each Water Division affected by the Application, and the case numbers. When the time for filing statements of opposition has expired pursuant to C.R.S. § 37-92-302, the Applicant will seek to consolidate the Applications pursuant to C.R.C.P. Rule 42.1. 5.6. The Board of Water Works of Pueblo maintains a continuing right to use water delivered by the Columbine Ditch as decreed in Case No. 90CW340 pursuant to an agreement with the Applicant. 5.7. No wells will be drilled for diversion of the Columbine Ditch water rights to be changed in this Application. 5.1. The source of water of the Columbine Ditch is not located within a designated ground water basin. 6. PRAYERS FOR RELIEF 6.1. Applicant respectfully requests this Court grant a decree for the requested changes of


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type and place of use, and places of storage of the Columbine Ditch water rights requested herein. 6.2. Applicant requests this Court also grant such additional relief that it deems necessary and appropriate to further the purposes of the change of water right requested herein. Attachments: Exhibits A, B, C, D-1, D-2, D-3, D-4, D-5, D-6, E. (25 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2010 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. 10. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2009. 09CW188 FREMONT PASS DITCH COMPANY, 15151 East Alameda Parkway, Suite 3600, Aurora, Colorado 80012-1555, Telephone: 303.739.7370, Attorneys: John M. Dingess, Austin Hamre, T. Daniel Platt, Duncan, Ostrander & Dingess, P.C., 3600 South Yosemite Street, Suite 3600, Denver, Colorado 80237, 303.779.0200; Brian M. Nazarenus, Olivia D. Lucas, Ryley, Carlock & Applewhite, P.C., 1999 Broadway, Suite 1800, Denver, Colorado 80202, 303.863.7500, APPLICATION FOR DIRECT FLOW AND STORAGE WATER RIGHTS IN ADAMS ARAPAHOE, CHAFFEE, DOUGLAS, EAGLE, JEFFERSON, LAKE, PARK, SUMMIT AND WELD COUNTIES, The Fremont Pass Ditch Company (“FPDC” or “Applicant”) was formed pursuant to C.R.S. § 7-42-101, et seq. and § 7-121-101, et seq. The shareholders of the FPDC are the City of Aurora, Colorado, a municipal corporation of the counties of Adams, Arapahoe and Douglas, acting by and through its Utility Enterprise (“Aurora”), and the Climax Molybdenum Company, a Delaware Corporation (“Climax”). 2. Name of Structure: Columbine Ditch. 3. Legal description of each point of diversion: 3.1. The Columbine Ditch is located in portions of Sections 4, 5, 6 and 9, Township 8 South, Range 79 West, 6th P.M. in Eagle and Lake Counties, Colorado. As depicted in Exhibit A hereto, the Ditch starts at Headgate No. 1, which is the furthest northwest, and runs generally southeast to Headgate No. 2, then to Headgate No. 3, then across the Continental Divide at Columbine Pass and discharges the collected waters into the West Branch of Chalk Creek, a tributary of the Arkansas River. Surface runoff is diverted by the ditch along its entire course in Eagle County. Three unnamed branches of the East Fork of the Eagle River are intercepted by the ditch at the following points: 3.1.1. Headgate No. 1 is situate at a point from whence the southeast corner of Section 5, Township 8 South, Range 79 West of the 6th P.M. bears South 55°39' East a distance of 7127.6 feet. The UTM coordinates of this headgate are in Zone 13 North and are as follows: Northing 4360235m, Easting 392178m. 3.1.2. Headgate No. 2 is situate at a point from whence the said southeast corner of Section 5, Township 8 South, Range 79 West of the 6th P.M. bears South 57°29' East a distance of 4957.3 feet. The UTM coordinates of this headgate are in Zone 13 North and are as follows: Northing 4359871.841m, Easting 392690.277m. 3.1.3. Headgate No. 3 is situate at a point from whence the said southeast corner of Section 5, Township 8 South, Range 79 West of the 6th P.M. bears South 65°38' East a distance of 1091 feet. The UTM coordinates of this headgate are in Zone 13 North and are as follows: Northing 4359186.678m, Easting 393634.282m. 4. Source: Three unnamed branches of the East Fork of the Eagle River, as well as snowmelt, sheet flow and surface runoff tributary to the East Fork above the line of said ditch and from other water along the course of the ditch. 5. Initiation of appropriation: 5.1. Date of initiation: December 17, 2009. 5.2. How appropriation was initiated: By adoption of a resolution expressing Applicant’s intent, by engineering evaluations of the water available for appropriation prior to the adoption of said resolution, by posting signs giving notice of the appropriation, and by the drafting and filing of this application. 5.3. Date water applied to beneficial use: N/A. 6. Amount claimed: 60 cfs (average over a 24 hour period), conditional. 7. Places of Storage: 7.1. Following diversion, some of the water may be stored for subsequent use by Climax in the following reservoirs in Water Division 5 (these structures are identified on Exhibit B-1 hereto.): 7.1.1. Robinson Reservoir. Robinson Reservoir is a 3,136 acre feet reservoir located in the Southeast ¼ of Section 33 and the Southwest ¼ of Section 34, both in Township 7 South, Range 79 West, 6th P.M. in Eagle County, Colorado. 7.1.2. Chalk Mountain Reservoir. Chalk Mountain Reservoir is a 204.1 acre feet reservoir located in the Southwest ¼ of Section 34, Township 7 South, Range 79 West, 6th P.M. in Eagle County, Colorado. 7.1.3. Buffehr’s Lake. Buffehr’s Lake is a 102.8 acre feet reservoir located in the Southwest ¼ of Section 2, Township 8 South, Range 79 West, 6th P.M. in Summit County, Colorado. 7.1.4. Climax Mine Underground Levels. The Climax Mine Underground Levels have a storage capacity of approximately 1,223 acre feet and are located beneath the South ½ of Section 1, and the North ½, the Southeast ¼, and the North ½ of the Southwest ¼ of Section 12, all in Township 8 South, Range 79 West, 6th P.M., in Lake County, Colorado. 7.1.5. Mayflower Pond. The Mayflower Pond presently is an approximately 7,960 acre feet tailings pond in the Southwest ¼ of Section 13, the Southeast ¼ of Section 14, the Northwest ¼ of Section 24, and most of Section 23, all in Range 79 West, Township 7 South, 6th P.M. in Summit County, Colorado. The size of the Mayflower Pond may be expanded or reduced in the future as a result of mining and milling operations. 7.1.6. Tenmile Pond. Tenmile Pond presently is an approximately 4,730 acre feet tailings pond in most of Section 26, the East ½ of Section 27, the Northeast ¼ of Section 34, and the Northwest ¼ of Section 35, all in Township 7 South, Range 79 West, 6th P.M. in Summit County, Colorado. The size of Tenmile Pond may be expanded or reduced in the future as a result of mining and milling operations. 7.1.7. Robinson Pond. Robinson Pond presently is an approximately 500 acre feet tailings pond in the Southwest ¼ of Section 27, the Northwest ¼ and the East ½ of Section


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34, and the West ½ of Section 35, all in Township 7 South, Range 79 West, 6th P.M.; also in the East ½ of Section 3 and the West ½ of Section 2, both in Township 8 South, Range 79 West, 6th P.M. in Summit County, Colorado. The size of Robinson Pond may be expanded or reduced in the future as a result of mining and milling operations. 7.2. Following diversion and export from Water Division 5, some of the water may be stored for subsequent use in the following reservoirs in Water Divisions 2 and 1: 7.2.1. Water Division 2 (these structures are identified on Exhibit B-2 hereto): 7.2.1.1. Jones Gravel Pit. The Jones Pit is located in the East half of Section 16, T9S, R80W, 6th P.M., in Lake County, Colorado. 7.2.1.2. Turquoise Reservoir. Turquoise Reservoir, including the proposed Turquoise Lake Enlargement, is located in all or portions of Sections 7, 8, 17, 18, 19 and 20, T9S, R80W, and Sections 10, 11, 12, 13, 14 and 15, T9S, R81W, all from the 6th P.M., in Lake County, Colorado. The Turquoise Reservoir Dam axis and the centerline of Lake Fork Creek intersect at a point whence the northwest corner of Section 16, T9S, R80W, 6th P.M., bears North 44º 46’ 18” East of a distance of 10,344.35 feet which point is also described as a point in the SW/4 of the NE/4 of Section 19, T9S, R80W, 6th P.M. that lies 2,110 feet from the north line and 1,890 feet from the east line of Section 19. 7.2.1.3. Box Creek Reservoir. Box Creek Reservoir is to be located in all or portions of Sections 32 and 33, T10S, R80W, and Sections 4 and 5, T11S, R80W, all from the 6th P.M., in Lake County, Colorado. The exact location of Box Creek Reservoir Dam is not yet established. The Box Creek dam axis may intersect the approximate centerline of the Box Creek valley at a point approximately 2,000 feet west and 300 feet south of the northeast corner of Section 4, T11S, R80W, 6th P.M. The Arkansas River Intake to Box Creek Reservoir is to be located in Sections 22, 27 and 34, T10S, R80W; and Section 3, T11S, R80W, 6th P.M., in Lake County, Colorado. 7.2.1.4. Twin Lakes Reservoir. Twin Lakes Reservoir is located in all or portions of Sections 14, 15, 16, 17, 18, 19, 20, 21, 22, 23 and 30 Township 11 South, Range 80 West, and Sections 24 and 25, T11S, R81W, all from the 6th P.M., in Lake County, Colorado. The Twin Lakes dam axis and the centerline of Lake Creek intersect at a point whence the SE corner of Section 23, T11S, R80W of the 6th P.M. bears South 54 º 13’ 8” East, a distance of 3,803.10 feet, which point is also described as a point in the NE/4 of the SW/4 of Section 23, T11S, R80W, 6th P.M. that lies 2,160 feet from the south line and 2,325 feet from the west line of Section 23. 7.3.1.5. Clear Creek Reservoir. Clear Creek Reservoir is located on Clear Creek in Sections 7 and 8, T12S, R79W, and Section 12, T12S, R80W, all of the 6th P.M. in Chaffee County, Colorado. 7.2.2. Water Division 1 (these structures are identified on Exhibits B-3, B-4 and B-5 hereto): 7.2.2.1. Spinney Mountain Reservoir. Spinney Mountain Reservoir is constructed on the South Platte River, with the dam forming the reservoir located in the S/2 of Section 25, T12S, R74W, 6th P.M. in Park County, Colorado, with the left abutment of the dam located at a point whence the southwest corner of Section 36, T12S, R74W, 6th P.M. bears south 23º 26’ west, 8,314.3 feet, which point is also described as a point in the NW/4 of the SE/4 of Section 25, T12S, R74W, 6th P.M. that lies 2,300 feet from the south line and 2,590 feet from the east line of Section 25. 7.2.2.2. Strontia Springs Dam and Reservoir Complex. Strontia Springs Dam is constructed on the South Platte River in Douglas County, with east-end of dam (right) abutment located at a point from whence the northwest corner of Section 21, T7S, R69W, 6th P.M. bears north 52º west a distance of 1,300 feet, which point is also described as a point in the NW/4 of the NW/4 of Section 21, T7S, R69W, 6th P.M. that lies 845 feet from the north line and 995 feet from the west line of Section 21. The right abutment is at approximate latitude 39º 25’ 56” north, longitude 105º 07’ 31” west. 7.2.2.3. Chatfield Reservoir. Chatfield Reservoir is an on-channel reservoir located in Sections 1, 2, 11, 12, 14 and 23, T6S, R69W, 6th P.M. and Sections 6 and 7, T6S, R68W, 6th P.M. in Douglas and Jefferson Counties, Colorado. Chatfield Reservoir is on the main stem of the South Platte River and the main stem of Plum Creek. The southeast-end of dam (right) abutment is located at a point from whence the southeast corner of Section 7, T6S, R68W, 6th P.M. bears south 64º east a distance of 2,064 feet, which point is also described as a point in the SW/4 of the SE/4 of Section 7, T6S, R68W, 6th P.M. that lies 890 feet from the south line and 1,845 feet from the east line of Section 7. The approximate (right) abutment is latitude 39º 32’ 20” north, and longitude 105º02’33” west. 7.2.2.4. Aurora Rampart Reservoir. Rampart Reservoir is an off-channel reservoir located in the SW/4 of the SW/4, SE/4 of the SW/4, and SW/4 of the SE/4 of Section 12, and the NW/4 of the NE/4, NE/4 of the NW/4, and NW/4 of the NW/4 of Section 13, T7S, R69W, 6th P.M., Douglas County, Colorado. The approximate (right) abutment is latitude 39º 26’ 57” north and longitude 105º 03’ 41” west, which point is also described as a point in the SW/4 of the SE/4 of Section 12, T7S, R69W, 6th P.M. that lies 40 feet from the south line and 1,915 feet from the east line of Section 12. 7.2.2.5. Quincy Reservoir. Quincy Reservoir is an off-channel reservoir located in the NE/4, E/2 of the NW/4, and N/2 of the SE/4 of Section 9, and the S/2 of the NW/4, N/2 of the SW/4 of Section 10, T5S, R66W, 6th P.M., in Arapahoe County, Colorado. The approximate (right) abutment latitude 39º 38’ 15” north, and longitude 104º 46’ 36” west, which point is also described as a point in the NE/4 of the NE/4 of Section 9, T5S, R66W, 6th P.M. that lies 370 feet from the north line and 1,145 feet from the east line of Section 9. 7.2.2.6. Aurora Reservoir. The Aurora Reservoir is an off-channel reservoir located upon Senac Creek, an intermittent stream, in Sections 15, 16, 20, 21 and 22, T5S, R65W, 6th P.M., Arapahoe County, Colorado. The east-end of the dam (right) abutment is located at a point from whence the northwest corner of Section 15, T5S, R65W, 6th P.M. bears north 45º west a distance of 2,970 feet, which point is also described as a point in the SE/4 of the NW/4 of Section 15, T5S, R65W, 6th P.M. that lies 2,110 feet from the north line and 2,105 feet from the west line of Section 15. The approximate (right) abutment is latitude 39º 37’ 06” north, and longitude 104º 39’ 11” west. 7.2.2.7. East Reservoir Complex. The East Reservoir will be located in one or more of the following off-channel locations: Site 1: Site 1A: In Sections 14 and 23 and the N/2 of Section 26, T4S, R65W, 6th P.M. in Arapahoe County, Colorado. Site 1B: In Sections 9, 10 and 15 and S/2 of Sections 3 and 4 and N/2 of Section 16, T4S, R65W, 6th P.M. in Arapahoe County, Colorado. Site 2: Site 2B: In Section 26 and 27 and N/2 of Sections 34, 35 and 36, T4S, R65W, 6th P.M., in Arapahoe County, Colorado. 7.2.2.8. Aquifer Recharge and Recovery Facility B (“ARR-B”) and Aurora Tucson South-South Platte Storage Facility Subunits (“Tucson South”). ARR-B and Tucson South will occupy all or portions of the N/2 of


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the SE/4, the SW/4 of the SE/4, and the SW/4, all in Section 1, T1S, R67W, 6th P.M., in Adams County, Colorado. 7.2.2.9. Challenger Gravel Pit Reservoir. The Challenger Gravel Pit Reservoir will occupy a portion of the NW/4 of Section 1, T1S, R67W, 6th P.M., in Adams County Colorado. 7.2.2.10. Kirby-Dersham Gravel Pit Reservoir. The Kirby-Dersham Gravel Pit Reservoir will occupy portions of the NW/4 of the SE/4, the SW/4SE/4, and the NE/4 of the SE/4, of Section 36, T1N, R67W, 6th P.M., in Weld County, Colorado. 7.2.2.11. Robert W. Walker Reservoir (“Walker South”). Robert W. Walker South Reservoir is located in the E/2 of Section 31, T1N, R66W, 6th P.M. in Weld County, Colorado. 7.2.2.12. Stillwater Ranch Reservoir (“Walker North”). Stillwater Ranch Reservoir is located in the E/2 of Section 31, T1N, R67W, 6th P.M. in Weld County, Colorado. 7.2.2.13. Aquifer Recharge and Recovery Facility A (“ARR-A”). ARR-A will occupy all or portions of the S/2 and NW/4 of the SE/4, and the SW/4, all in Section 13, and the N/2 of the NW/4 of Section 24, T1N, R67W, 6th P.M., in Weld County, Colorado. 7.2.2.14. Fort Lupton Reservoir No. 1. Fort Lupton Reservoir No. 1 is a group of interconnected gravel pits that will occupy portions of the E/2 of the NW/4 of Section 25, T2N, R67W, 6th P.M., and portions of the NW/4 of the NW/4, the SW/4 of the NW/4, and the SE/4 of the NW/4, of Section 30, T2N, R66W, 6th P.M., in Weld County, Colorado. 7.2.2.15. Fort Lupton Reservoir No. 2. Fort Lupton Reservoir No. 2 is a group of interconnected gravel pits that will occupy portions of the NW/4 of the NW/4, the NE/4 of the NW4, and the SW/4 of the NE/4 of Section 30, T2N, R66W, 6th P.M., in Weld County, Colorado. 7.3. Pursuant to C.R.S. § 37-83-101 and other applicable law, Applicant claims the right to recapture and store water diverted pursuant to this water right at other locations in Water Divisions 1 and 2 to the extent it then has the right to use such other facilities and can demonstrate dominion over the water imported into those Divisions. 8. Proposed uses and places of use: 8.1. Types of Use: Municipal, domestic and industrial purposes including, but not limited to: fire protection; irrigation of lawns, gardens, parks, private and municipal facilities; sanitary; commercial; manufacturing; mining purposes; milling purposes, including but not limited to flotation, drying, and in scrubbers, and to transport tailing slurry to Climax’s Robinson, Tenmile and Mayflower tailings impoundments, and in processing waste rock and to settle out tailing in the decant water pool; concrete batching; mechanical use; recreational purposes; creation and maintenance of wetlands; stock watering; fish and wildlife propagation; allowable instream uses, if any; snowmaking; reclamation; revegetation; dust suppression; storage and maintenance of storage reserves; reservoir evaporation replacement; augmentation; exchange; and replacement purposes, for use, reuse for successive uses, disposition following initial use, and reuse until extinction. 8.2. Places of Use: 8.2.1. The water diverted by the Columbine Ditch will be used by Climax Molybdenum Company at its Climax Mine and ancillary facilities, including the Jones Gravel Pit. The Climax Mine presently consists of approximately 22 square miles located at the headwaters of Tenmile Creek, the East Fork Arkansas River, and the East Fork of the Eagle River, in parts of sections 7, 18, 19, and 31, Township 7 South, Range 78 West, 6th. P.M.; sections 12, 13, 14, 15, 21, 22, 23, 24, 25, 26, 27, 28, 29, 32, 33, 34, 35, and 36, Township 7 South, Range 79 West, 6th. P.M.; sections 6, 7, and 18, Township 8 South, Range 78 West, 6th. P.M.; and sections 1, 2, 3, 4, 5, 10, 11, 12, 13, and 14, Township 8 South, Range 79 West, 6th. P.M. in Lake, Summit and Eagle counties. The area of the Climax Mine is shown on Exhibit B-1. The Jones Gravel Pit is located in the East half of Township 9 South, Range 80 West, of the 6th P.M., approximately two miles northwest of the town of Leadville, in Lake County, Colorado, as located in Exhibit B-2. 8.2.2. The water diverted by the Columbine Ditch will also be used by the City of Aurora throughout its current and future service areas served by its municipal water supply and water reuse systems and any areas within the South Platte River Basin capable of being served by the Aurora municipal water supply, including areas served by its connections with other systems, for any current or future water supply contracts or obligations of Aurora. Currently, Aurora is located in Township 3 South, Ranges 64, 65, 66 and 67 West, 6th P.M. in Adams County; Townships 4 and 5 South, Ranges 65, 66 and 67 West, 6th P.M. in Arapahoe County; and, Township 6 South, Ranges 65 and 66 West, 6th P.M. in Douglas County. Aurora’s service area has changed from time to time and will continue to do so. Aurora’s current municipal boundaries are shown on Exhibit C hereto. 9. Name(s) and address(es) of landowner(s) or reputed landowner(s): To the best of Applicant’s knowledge, the owners of the underlying land on which the structures listed above are as follows: 9.1. The Columbine Ditch is located on land owned by the United States Forest Service, White River National Forest, 900 Grand Ave. P.O. Box 948, Glenwood Springs, CO 81602, and Climax Molybdenum Company, 1742 County Road 202, P.O. Box 68, Empire, CO, 80438. 9.2. Robinson Reservoir, Chalk Mountain Reservoir, Buffehr’s Lake, Climax Mine Underground Levels, Mayflower Pond, Tenmile Pond, Robinson Pond, and Jones Pit are located on land owned by Climax Molybdenum Company, 1742 County Road 202, P.O. Box 68 Empire CO 80438. 9.3. Turquoise and Twin Lakes Reservoirs are located on land owned by the United States Department of Interior, Bureau of Reclamation, Eastern Colorado Area Office, 11056 West County Road 18-E, Loveland, Colorado 80537-9711. 9.4. The Box Creek Reservoir site and Arkansas River Intake are located on land owned by City of Aurora, c/o Director of Utilities, 15151 East Alameda Parkway, Suite 3600, Aurora, Colorado 80012, and the U.S. Forest Service, San Isabel National Forest, 2840 Kachina Drive Pueblo, Colorado 81008. 9.5. Clear Creek Reservoir is located on land owned by the Board of Water Works of Pueblo, Colorado, Attn: Executive Director, 319 West Fourth Street, Pueblo, Colorado 81003, and the U.S. Forest Service, San Isabel National Forest, 2840 Kachina Drive Pueblo, Colorado 81008. 9.6. The Strontia Springs Dam and Reservoir Complex are located on land where the underlying fee interest is owned by the City and County of Denver, acting by and through its Board of Water Commissioners 1600 West 12th Avenue, Denver, Colorado 80204-3412. 9.7. Spinney Mountain Reservoir, Aurora Rampart Reservoir, Quincy Reservoir, Aurora Reservoir, and ARR-A are located on land where the underlying fee interest is owned by the City of Aurora, c/o Director of Utilities, 15151 East Alameda Parkway, Suite 3600, Aurora, Colorado 80012. 9.8. The East Reservoir sites are located on land where the underlying fee interest is owned by the parties listed on the attached Exhibit D. 9.9. The ARR-B and Tucson South sites are located on land where the underlying fee interest is owned by Aggregate


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Industries - WCR, Inc., 1707 Cole Boulevard, Suite 100, Golden, Colorado 80401; Thomas Z. and Elsie J. Mars, 3400 East 56th Avenue, Commerce City, Colorado 80022-3620; Amy Horiuchi, 16315 Tucson Street, Brighton 80602; and Robert L. Seltzer Family Trust, 33641 WCR 83, Briggsdale, Colorado 80611. 9.10. The Challenger Gravel Pit reservoir site is located on land where the underlying fee interest is owned by Front Range Aggregates, LLC, 1161 S. Perry Street, Suite 110, Castle Rock, Colorado 80104. 9.11. The Kirby Dersham Gravel Pit Reservoir and the Robert W. Walker Reservoir are located on land where the underlying fee interest is owned by HIBE, LLC,301 Centennial Drive, Milliken, Colorado 80543. 9.12. The Stillwater Ranch Reservoir is located on land where the underlying fee interest is owned by Carl F. Eiberger 303 South Broadway B-200, Denver, Colorado 80209, and Peter L. Baurer and Cynthia S. Baurer, 810 Saturn St., #16, Jupiter, Florida 33477. 9.13. Fort Lupton Reservoir Nos. 1 and 2 are located on land where the underlying fee interest is owned by LG Everist, Inc., 7321 E. 88th Avenue., Suite. 200, Henderson, Colorado 80640. 9.14. Chatfield Reservoir is located on land where the underlying fee interest is owned by the United States of America, United States Army Corps of Engineers, Attn: Tim Carey, Division Manager, 9307 South Platte Canyon Road, Littleton, Colorado 80128. 10. Remarks: 10.1. A 60 cfs appropriation for the Columbine Ditch was decreed in Civil Case No. 963, District Court for Eagle County, on October 3, 1936. That water right was subsequently changed in Case No. 90CW340, Water Division 5, in which volumetric limits were imposed to confine diversions pursuant to the original appropriation to historical levels prior to the change. The existing ditch is capable of diverting water in greater annual volumes than occurred historically. The purpose of this appropriation is to divert water that is in excess of the 20 year and 60 year volumetric limits to which the original Columbine Ditch appropriation is subject. 10.2. To the extent the water diverted pursuant to this appropriation is used in Water Division 5, the Applicant’s shareholders have the intent and ability to use reuse, successively use and use to extinction all such water. Attachments: Exhibits A, B-1, B-2, B-3, B-4, B-5, C, D. (21 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2010 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. 11. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2009. 09CW189 BRUSH CREEK, TRIBUTARY TO THE ROARING FORK RIVER. George S. Whipple, Lydia B. Whipple, Robert Coursin, Katherine Coursin, Peter Rispoli and Donna Dilanni, c/o Patrick, Miller & Kropf, P.C., Kevin L. Patrick, Esq. and William M. Stenzel, Esq., 730 E. Durant Ave., Aspen, CO 81611, (970) 920-1028. APPLICATION FOR CHANGE OF WATER RIGHT. Decreed water right for which change is sought: Name of structure: Lemond Ditch. Date of original and all relevant subsequent decrees: Lemond Ditch Priority No. 37 water right, originally decreed for 0.8 cfs in Civil Action No. 132, on May 11, 1889, Garfield County District Court, with an appropriation date of June 7, 1882; and Lemond Ditch Third Enlargement water right decreed for 4.5 cfs in Civil Action No. 3723, on August 25, 1949, Garfield County District Court, with an appropriation date of September 1, 1936. Preferred Legal Description: NW ¼ of the NW ¼, Section 32, Township 9 S, Range 85 West, 6th P.M., 990 feet from the north section line and 25 feet from the west section line. Decreed source of water: Brush Creek, a tributary of the Roaring Fork River. Appropriation Date: See paragraph 2B, above. Total amount decreed to structure: Decreed use or uses: Irrigation. Amount of water that applicant intends to change: 0.18 cfs of the Lemond Ditch Priority No. 37 water right, originally decreed for 0.8 cfs; and 0.07 cfs of the Lemond Ditch Third Enlargement water right decreed for 4.5 cfs (for a total of 0.25 cfs). Detailed description of proposed change: Complete statement of change, including a description of all water rights to be changed: Applicants seek a change in place of use of the water rights described in paragraph 2B and 2G, above. No change in use or change in point of diversion is requested. Applicants have recently acquired the water rights which are subject to this proceeding from Peter Droste and have received a Covenant to Cease Irrigation of, and claim all consumptive use credit associated with, a total of 9.18 acres of land historically irrigated by the subject water rights. Applicants will continue to divert the subject water rights, as historically diverted to irrigate different lands adjoining lands historically irrigated under the Lemond Ditch, not to exceed 9.18 acres. Maps of the lands removed from irrigation are on file with the court as Exhibits “A1” and “A2”. Maps of the lands to be irrigated are on file with the court as Exhibits “B1” and “B2”; Applicants reserve the right to modify the lands to be irrigated, provided such irrigated lands remain within the Pioneer Springs Subdivision. Applicants’ consulting engineer has reviewed the lands to be removed from irrigation and the lands to be irrigated and has opined that the point of return flow of the new irrigated lands is substantially similar to the lands historically irrigated. Therefore, the change can occur without injury to other water rights. See, Exhibit “C” on file with the court. Applicant is not correcting the location of a well in an existing decree where the actual location of the well is more than 200 feet from the decreed location, or drilling a replacement well more than 200 feet from the decreed location, provide legal descriptions of decreed location and actual or new location of well. Applicant is not changing the point of diversion, the decreed location and actual or new location of structure will remain the same as described in paragraph 2C, above. Name and address of owner 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


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water is or will be stored, including any modification to the existing storage pool. You must notify these persons that you are applying for this water right, and certify to the Court that you have done so. Pitkin County, 530 E. Main Street, 3rd Floor Aspen, CO 81611. (12 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2010 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. 12. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2009. 09CW190 CONCERNING THE APPLICATION FOR WATER RIGHTS OF: SAMUEL B. POTTER AND TERESA A. POTTER, in Garfield County. APPLICATION FOR A SURFACE WATER RIGHT AND FOR APPROPRIATIVE RIGHT OF EXCHANGE 1. Name, mailing address, email address, and home telephone number of Applicants: Samuel B. Potter & Teresa A. Potter, P.O. Box 148, Rifle, CO 81650, [email protected], 970-625-2882. Pleadings and inquiries should be addressed to: Barbara L. Clifton, Esq., Stuver, LeMoine & Clifton, P.C., P.O. Box 907, Rifle, CO 816850, 970-625-1887. CLAIM FOR SURFACE WATER RIGHT 2. Name of structure: Lemon Pump and Pipeline Enlargement. Type: Pump and Pipeline. 3. Legal description of point of diversion: NE1/4 SE1/4 of Section 25, Township 6 South, Range 95 West of the 6th P.M. in Garfield County located at a point 340 feet west of east section line and 1,795 feet north of south section line. 4. Source: Colorado River. 5. A. Date of initiation of appropriation: October 1, 2002. B. How appropriation was initiated: formation of intent by Sam Potter to create the subject water right and purchase of the Lemon Pump and Pipeline structures and underlying property. C. Date water applied to beneficial use: N/A 6. Amount claimed in cfs or gpm:0.90 cfs, conditional. 7. Use or proposed use: Irrigation by exchange. A. If irrigation, complete the following: Number of acres historically irrigated: 0; Proposed acres to be irrigated: 61.5 acres. The acreage to be irrigated is located within the NW1/4 of the NW1/4 and the NE1/4 of the NW1/4 of Section 31, and within the SW1/4 of the SW1/4 and the SE1/4 of the SW1/4 of Section 30, Township 6 South, Range 94West of the 6th P.M. B. If non irrigation, describe use fully: N/A 8. Name and address of owner of land upon which any modification to any existing diversion structure is constructed: Applicants. CLAIM FOR APPROPRIATIVE RIGHT OF EXCHANGE 9. Location of Exchange: (i) Upper Terminus: The upstream exchange terminus is the point of diversion for the Camp Bird Ditch which is in the NW1/4 SW1/4 of Section 32, Township 6 South, Range 94 West of the 6th P.M. in Garfield County located at a point 895 feet east of west section line and 1,795 feet north of south section line. (ii) Lower Terminus: The nearest terminus is the diversion point of the Lemon Pump and Pipeline Enlargement which is in the NE1/4 SE1/4 of Section 25, Township 6 South, Range 95 West of the 6th P.M. in Garfield County located at a point 340 feet west of east section line and 1,795 feet north of south section line. 10. Appropriation date: October 1, 2002. How appropriation was initiated: formation of intent by Sam Potter to exchange water for irrigation and purchase of the Lemon Pump and Pipeline structures and underlying property. 11. Rate of exchange: 0.90 cfs, conditional. 13. Use or proposed use: Irrigation. If irrigation, complete the following: Number of acres historically irrigated: 0; Proposed acres to be irrigated: 61.5 acres. The acreage to be irrigated is located within the NW1/4 of the NW1/4 and the NE1/4 of the NW1/4 of Section 31, and within the SW1/4 of the SW1/4 and the SE1/4 of the SW1/4 of Section 30, Township 6 South, Range 94West of the 6th P.M. 13. Source of exchange deliveries: Exchange water will be diverted from the Lemon Pump and Pipeline Enlargement pursuant to the rights described in the First Claim. 14. Description of exchange: Up to 0.90 cfs of Colorado River water will be diverted when legally and physically available through the Lemon Pump and Pipeline Enlargement and delivered to a lateral of the Camp Bird Ditch. In return, a like amount of water will be delivered from the Camp Bird Ditch to the 61.5 irrigated acres via a turnout and pipeline that extends from the Camp Bird ditch to the irrigated property. Return flows from both Lemon Pump and Pipeline Enlargement and Camp Bird Ditch accrue to the Colorado River. 15. Names and addresses of owners of land upon which any new diversion structure or modification to any existing diversion structure is or will be constructed: As to the Lemon Pump and Pipeline Enlargement: Applicants. As to the Camp Bird Ditch headgate: Wayne E. Wells, 6691 C.R. 309, Parachute, CO 81635. 16. Remarks: Applicants also irrigate the lands referenced in this application with water rights from the Mocking Bird and Jay Bird Ditches. During the latter part of the irrigation season, no water is physically available. Applicants agree to use the exchange water to irrigate only when the Mocking Bird and Jay Bird Ditch water rights are not physically available. Applicants also agree to install any measuring devices required by the Division Engineer to measure the amount of water delivered to the 61.5 irrigated acres via the Camp Bird Ditch and delivered from the Lemon Pump and Pipeline enlargement to the lateral of the Camp Bird Ditch. (6 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2010 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,

mailto:[email protected],


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CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 13. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2009. 09CW191 IN EAGLE, GRAND AND ROUTT COUNTIES, COLORADO. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION AND EXCHANGE. CONCERNING THE APPLICATION FOR WATER RIGHTS OF THE EAGLE RIVER WATER & SANITATION DISTRICT. IN EAGLE, GRAND AND ROUTT COUNTIES, COLORADO. DISTRICT COURT, WATER DIVISION NO. 5,STATE OF COLORADO, 109 Eighth Street, Suite 104, Glenwood Springs, CO 81601. 1. Name and address of applicant: Eagle River Water and Sanitation District, c/o Manager, 846 Forest Road, Vail, Colorado 81657. Copies of all pleadings to: Glenn E. Porzak, Kevin J. Kinnear, Porzak Browning & Bushong LLP, 929 Pearl Street, Suite 300, Boulder, Colorado 80302, 303-443-6800. 2. Background: This application is a duplicate of an amended application filed in Case No. 06CW96, District Court in and for Water Division No. 5, wherein Applicant filed a motion to amend the original application to substitute a new replacement supply in the amount of 500 acre-feet from Wolford Mountain Reservoir, described in paragraph 4 below. The State and Division Engineers and the Town of Minturn have opposed the motion to amend, and the final resolution of that motion is pending before the Water Judge. The primary issue in the dispute is whether Applicant is entitled to a 2006 priority for the exchange component of the plan for augmentation where Applicant has substituted one replacement source for another. If the motion to amend the application in Case No. 06CW96 is approved, then Applicant will dismiss this application. In the event that the pending motion to amend is denied, then Applicant will proceed with this application. 3. Description of water rights to be augmented by exchange: Applicant seeks to augment directly or by exchange the following described structures and amounts: Up to 500 consumptive acre feet of water per year (less transport losses from the replacement source) of out of priority depletions resulting from municipal (to include municipal, domestic, irrigation, commercial, industrial, recreational and all other water uses furnished by the Applicant) at the following structures: (a) Metcalf Headgate, located on the Eagle River in the SE/4 SW/4 of Section 7, T. 5 S., R. 81 W., 6th P.M. at a point from which the Southeast Corner of the SW/4 of said Section 7 bears South 53°00'40" East a distance of 1446 feet. (b) Raw Water Booster Pump Headgate, located on the Eagle River in the NW/4 NW/4 of Section 12, T. 5 S., R. 82 W., 6th P.M. at a point from which the Southwest Corner of the NW/4 of said Section 12 bears South 18°01'34" West a distance of 1551.13 feet. The structures in paragraphs 2(a) and 2(b) are alternate points of diversion for water rights owned by the Applicant as set forth in the decree of the District Court in and for Water Division No. 5 (the "Water Court") in Case No. 94CW14. (c) Bighorn Gore Valley Pumphouse, located on Gore Creek in the NW/4 NW/4 of Section 18, T. 5 S., R. 79 W., 6th P.M. at a point 1,250 feet from the north section line and 1,100 feet from the west section line. This water right was decreed in Water Court Case No. 82CW042 as the alternate point of diversion of the Main Gore Municipal Ditch and Pipeline for 10 cfs. (d) Well R1, located in the Gore Creek alluvium in the SE/4 SE/4 of Section 3, T. 5 S., R. 80 W., 6th P.M. at a point 1,095 feet from the south section line and 1,256 feet from the east section line, for 2 cfs in accordance with the decrees in Water Court Case Nos. 79CW124 and 82CW328. (e) Well R2, located in the Gore Creek alluvium in the SE/4 SW/4 of Section 3, T. 5 S., R. 80 W., 6th P.M. at a point 900 feet from the south section line and 2,365 feet from the west section line, for 2.5 cfs in accordance with the decrees in Water Court Case Nos. 79CW124, 82CW281 and 82CW328, and for up to 5.13 cfs in Case No. 83CW258. (f) Well R4, located in the Gore Creek alluvium in the NE/4 NW/4 of Section 9, T. 5 S., R. 80 W., 6th P.M. within a 100 foot radius from a point on the right bank of Gore Creek whence the NW corner of Section 9 bears N. 73° W. a distance of 2,080 feet, for 2.0 cfs in accordance with the decree in Water Court Case No. 82CW328. (g)Well R6, located in the Gore Creek alluvium in the SE/4 SW/4 of Section 3, T. 5 S., R. 80 W., 6th P.M. within a 100 foot radius from a point on the right bank of Gore Creek whence the SW corner of said Section 3 bears S. 69°10' W. 2,530 feet, for 2.0 cfs in accordance with the decree in Water Court Case No. 82CW328. (h) Well R7, located in the Gore Creek alluvium in the SE/4 SE/4 of Section 3, T. 5 S., R. 80 W., 6th P.M. at a point 815 feet from the south section line and 575 feet from the east section line, for 5.35 cfs in accordance with the decree in Water Court Case No. 86CW72. (i) Vail Village West Well No. 1, located in the Gore Creek alluvium in the NW/4 SW/4 of Section 12, T. 5 S., R. 81 W., 6th P.M. at a point 1,010 feet east of the west section line and 1930 feet north of the south section line. This structure was decreed by the Water Court in Case No. W-711 as modified by Case No. 05CW223 (pending) for 300 gpm. (j) Vail Village West Well No. 7, located in the Gore Creek alluvium in the NE/4 SW/4 of Section 12, T. 5 S., R. 81 W., 6th P.M. at a point 3,036 feet from the north section line and 1,436 feet from the west section line. This structure was decreed by the Water Court in Case No. W-2664-78 as modified by decree in Case No. 97CW263 for 400 gpm. (k) Vail Village West Well No. 8 located in the Gore Creek alluvium in the NE/4 SW/4 of Section 12, T. 5 S. , R. 81 W. 6th P.M. at a point 3,044 feet from the north section line and 1,760 feet from the west section line. This structure was decreed by the Water Court in Case No. W-2664-78 as modified in Case No. 05CW223 (pending) for 300 gpm. (l) Wolcott Treatment Plant Intake, located on the westerly bank of the Eagle River in the SE/4 NE/4 of Section 16, T. 4 S., R. 83 W. of the 6th P.M. within 300 feet of a point 635 feet from the east section line and 1,680 feet from the north section line of said Section 16. The Wolcott Treatment Plant Intake is currently being adjudicated in Case No. 08CW77, with the following alternate points of diversion, at a rate of 7 cfs: (i) Vail-Jouflas Eagle River Diversion, located in the NW1/4 SE1/4 of Section 15, T. 4 S., R. 83 W. of the 6th P.M. at a point whence the SE corner of said Section 15 bears south 47º27'32" East a distance of 2301.7 feet. (ii) Vines at Vail Pump and Pipeline No. 1, located in the NW1/4 SE1/4 of Section 15, T. 4


PAGE 19

S., R. 83 W., 6th P.M., at a point 2,987 feet from the West Section line and 1,883 feet from the South Section line of said Section 15. (iii) Vines at Vail Pump and Pipeline No. 2, located in the NE1/4 SW1/4 of Section 15, T. 4 S., R. 83 W., 6th P.M. at a point 2,395 feet from the West Section line and 1,909 feet from the South Section line; and (iv) Vines at Vail Pipeline No. 3, located in the NW1/4 SW1/4 of Section 14, T. 4 S., Range 83 W., 6th P.M., at a point 640 feet from the West Section line and 1,609 feet from the South Section line. 4. Description of the water rights to be used as sources of augmentation water: Up to 500 acre feet of water in Wolford Mountain Reservoir (a/k/a Gunsight Pass Reservoir) decreed by the Water Court as follows, and as may be enlarged in the future: (a) Wolford Mountain Reservoir. (i) Case No. 87CW283: Date: November 20, 1989, Legal description of point of diversion or place of storage: The dam is located in the SW1/4 of the NE1/4 of Section 25, T. 2 N., R. 81 W., 6th P.M. The intersection of the dam axis with the right abutment will occur at a point which bears W. 54°54'20" E. a distance of 3,716.46 feet from the NW Corner of said Section 25. Source: Muddy Creek and its tributaries, Amount: 59,993 acre feet conditional; of this amount, 32,986 acre feet were made absolute for piscatorial and recreational uses by decree entered in Water Court Case No. 95CW281, Appropriation Date: December 14, 1987, Decreed Use: All beneficial uses, including but not limited to domestic, municipal, agricultural and recreational uses. (ii) Case No. 95CW281: Date: August 26, 1997, Legal description of point of diversion or place of storage: The dam is located in the SW1/4 of the NE1/4 of Section 25, T. 2 N., R. 81 W., 6th P.M. The as-built intersection of the dam axis (Sta. D19+35.61) with the West Access Road (Sta. WR50+55.05), as shown on the Colorado River Water Conservation District, Wolford Mountain Project, Ritschard Dam construction drawing "Dimensional Dam Layout" sheet 8 of 94, occurs at a point which bears S. 53°24'56" E. a distance of 3,395.51 feet from the NW Corner of said Section 25; the bearing of said dam axis from Sta. 19+35.61 to Sta. 0+00 being S. 75° 28' 29" E. Source: Muddy Creek and its tributaries, Amount: 6,000 acre feet conditional, Appropriation Date: January 16, 1995, Decreed Use: All beneficial uses by and for the benefit of the inhabitants of the Colorado River Water Conservation District, including but not limited to domestic, municipal, industrial, irrigation, agricultural, piscatorial and recreational; such uses will include environmental mitigation, including environmental mitigation requirements associated with the Wolford Mountain Project; such uses will be made directly or by substitution, augmentation, or exchange. (iii) Case No. 98CW237: Decree Date: July 6, 2000. Legal Description of place of storage: Same as for 95CW281. Source: Muddy Creek and its tributaries, Amount: 30,000 acre feet conditional with 15,895 AF being absolute for recreational and piscatorial and flood control. Appropriation Date: November 17, 1998, Use: Certain of the beneficial uses previously adjudicated for Wolford Mountain Reservoir in Case No. 87CW283, District Court for Colorado Water Division No. 5 (November 20, 1989 Judgment and Decree), and Case No. 95CW281, District Court for Colorado Water Division No. 5 (August 26, 1997 Judgment and Decree). (b) Ruedi Reservoir. The Colorado River Water Conservation District holds Contracts No. 009D6C0111, 009D6C0118, 039F6C0011, and 078D6C0106 from the United States Bureau of Reclamation for 6,730 acre feet of annual supply from Ruedi Reservoir and may obtain additional contracts in the future. This water will be used in addition to and substitution for Wolford Mountain Reservoir water in appropriate circumstances where Ruedi water is physically equivalent to Wolford Mountain Reservoir water. (i) Legal description of place of storage: Ruedi Reservoir is located in Sections 7, 8, 9, 11 and 14 through 18, T. 8 S., R. 84 W., 6th P.M., in Eagle and Pitkin Counties. The dam axis intersects the right abutment at a point whence the SW corner of Section 7, T. 8 S., R. 84 W. of the 6th P.M. bears N. 82º10'W. a distance of 1,285 feet. (ii) Source: Fryingpan River. (iii) Previous storage decrees: (a) Civil Action No. 4613: Decree Date: June 20, 1958. Court: Garfield County District Court. Amount: 140,697.3 acre feet, reduced to 102,369 acre feet pursuant to order of the Water Court in Case No. W-789-76. The full amount was made absolute in Case No. 88CW85. Appropriation Date: July 29, 1957. Use: Domestic, municipal, irrigation, industrial, generation of electrical energy, stock watering and piscatorial. (b) Case No. 81CW34: Decree Date: April 8, 1985. Court: District Court, Water Div. No. 5. Amount: 101,280 acre feet (refill); of this amount, 44,509 acre feet were made absolute in Case No. 95CW95 and 25,257 acre feet were made absolute in Case No. 01CW269, for a total of 69,766 acre feet absolute. Appropriation Date: Jan. 22, 1981. Use: Irrigation, domestic, municipal, generation of electrical energy, stock watering, industrial, piscatorial, recreation and maintenance of sufficient storage reserves to fulfill contractual obligations and provide stored water for recreation in times of drought. 5. Description of the plan for augmentation and exchange: By this application, Applicant seeks the right to divert out of priority for all decreed purposes the water rights and structures described in paragraph 3 above on a year round basis for use throughout Applicant’s service area, as that service area may expand from time to time. (a) Augmentation plan. To permit the requested out of priority diversions, Applicant proposes to cause the release of or otherwise commit to the Colorado River up to 500 acre-feet of water per year from Wolford Mountain Reservoir, or alternatively Ruedi Reservoir, described above in paragraph 4. Applicant’s diversions of water for municipal service will be limited to the availability of adequate replacement water as provided herein when its water rights are out-of-priority. Out of priority depletions caused by the diversion of the water rights and/or structures set forth in paragraph 3 above will be calculated based on the following: (i) For the Vail area, a depletion rate of 5% for indoor uses and a depletion rate of 70% for irrigation use. Accordingly, based on the predicted mix of uses in the District’s service area in the Vail area, total depletions will be calculated by multiplying total out of priority diversions by the following percentages:

Month Depletion Percentages Jan. 5.0 Feb. 5.0 Mar. 5.0 Apr. 5.0 May 12.9


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Jun. 19.0 Jul. 17.2 Aug. 13.7 Sept. 16.6 Oct. 7.9 Nov. 5.0 Dec. 5.0

(ii) For the Wolcott area, a depletion rate of 5% for indoor uses and a depletion rate of 80% for irrigation use. (b) Exchange plan reach and rate: Applicant seeks approval of a plan to augment by exchange out of priority diversions of the water rights and/or structures described in paragraph 3 above. The downstream terminus of the exchange involving the Wolford Mountain Reservoir water described in paragraph 4 above is the confluence of the Colorado River and the Eagle River. The downstream terminus of the exchange involving Ruedi Reservoir water described in paragraph 4 above is the confluence of the Roaring Fork River and the Colorado River. The upstream termini of the subject exchange are the water rights and/or structures more fully described in paragraph 3 above. The maximum rate of exchange is 5 cfs conditional to the water rights and/or structures identified in paragraph 3 above. (c) Priority date: Applicant seeks a May 25, 2006 priority date in connection with the subject plan for exchange. In the event that the Colorado River Water Conservation District substitutes Ruedi Reservoir water for Wolford Mountain Reservoir water, the exchange involving Ruedi Reservoir will have a priority date of February 10, 2009. (d) In priority diversions: Applicant shall have the right to divert any of the water rights and structures described in paragraph 3 whenever they are in priority. The source of augmentation water described in paragraph 4 need only be utilized when the water rights and structures described in paragraph 3 are out of priority, irrespective of the relative priorities of the water rights to be augmented and the source of augmentation water. 6. Terms and Conditions: (a) So as to ensure proper operation of the subject plan for augmentation and exchange, Applicant will install and maintain such measuring devices and implement such accounting procedures as may be required by the State or Division Engineers to administer the terms of any decree entered in this case. (b) The proposed exchange will not operate when any intervening existing decreed instream flow water rights within the exchange reach are being measured by the Colorado Water Conservation Board, such measurements indicate that the decreed instream flow water right is not being met, and the Colorado Water Conservation Board has placed a valid call for all intervening instream flow water rights and for all instream flow water rights on all tributaries that contribute to the intervening instream flow water right. 7. Remarks: The structures described in paragraph 3 (a) – (l) are owned by the Applicant and are indicated on the map attached hereto, which also indicates the Applicant’s service area where the water rights will be used. The structure described in paragraph 3(l)(i) is owned by Vail Resorts, Inc., and is operated by Applicant. Upon information and belief, the structures identified in paragraph 3(l)(ii) – (iv) are owned by KIWA Associates, LLC, and are operated by Applicant. Wolford Mountain Reservoir described in paragraph 4 is owned by the Colorado River Water Conservation District. Ruedi Reservoir described in paragraph 4 is owned by the United States of America. Applicant has the contractual right to use the water described in paragraph 4. A map showing the Applicant’s service area and points of diversion, and a map showing the subject exchange reaches, including Wolford Mountain Reservoir and Ruedi Reservoir, are attached. WHEREFORE, Applicant requests that this Court enter a decree which: 1. Approves the plan for augmentation and exchange described in paragraph 5 above; and 2. Finds that as a result of the subject plan for augmentation and exchange, there will be no injury to any owner of or persons entitled to use water under a vested water right or decreed conditional water right. (11 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2010 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. 14. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2009. 09CW192 IN EAGLE, GRAND AND ROUTT COUNTIES, COLORADO. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION AND EXCHANGE. CONCERNING THE APPLICATION FOR WATER RIGHTS OF THE UPPER EAGLE REGIONAL WATER AUTHORITY. IN EAGLE, GRAND AND ROUTT COUNTIES, COLORADO. DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO, 109 Eighth Street, Suite 104, Glenwood Springs, CO 81601. 1. Name and address of applicant: Upper Eagle Regional Water Authority, c/o Manager, 846 Forest Road, Vail, Colorado 81657. Copies of all pleadings to: Glenn E. Porzak, Kevin J. Kinnear, Porzak Browning & Bushong LLP, 929 Pearl Street, Suite 300, Boulder, Colorado 80302, 303-443-6800. 2. Background: This application is a duplicate of an amended application filed in Case No. 06CW97, District Court in and for Water Division No. 5, wherein Applicant filed a motion to amend the original application to substitute a new replacement supply in the amount of 500 acre-feet from Wolford Mountain Reservoir, described in paragraph 4 below. The State and Division Engineers and the Town of Minturn have opposed the motion to amend, and the final resolution of that motion is pending


PAGE 21

before the Water Judge. The primary issue in the dispute is whether Applicant is entitled to a 2006 priority for the exchange component of the plan for augmentation where Applicant has substituted one replacement source for another. If the motion to amend the application in Case No. 06CW97 is approved, then Applicant will dismiss this application. In the event that the pending motion to amend is denied, then Applicant will proceed with this application. 3. Description of water rights to be augmented by exchange: Applicant seeks to augment directly or by exchange the following described structures and amounts: Up to 500 consumptive acre feet of water per year (less transport losses from the replacement sources) of out of priority depletions resulting from municipal diversions (to include municipal, domestic, irrigation, commercial, industrial, recreational and all other water uses furnished by the Applicant) at the following structures: (1) Metcalf Headgate, located on the Eagle River in the SE/4 SW/4 of Section 7, T. 5 S., R. 81 W., 6th P.M. at a point from which the Southeast Corner of the SW/4 of said Section 7 bears South 53°00'40" East a distance of 1446 feet. (2) Raw Water Booster Pump Headgate, located on the Eagle River in the NW/4 NW/4 of Section 12, T. 5 S., R. 82 W., 6th P.M. at a point from which the Southwest Corner of the NW/4 of said Section 12 bears South 18°01'34" West a distance of 1551.13 feet. The above structures are used by the Applicant pursuant to the decrees of the District Court in and for Water Division No. 5 (the “Water Court”) in Case Nos. 85CW608 through 85CW613, and in subsequent decrees including in Case No. 00CW83. (3) UERWA Point A, located on Lake Creek in the SE/4 NE/4 of Section 6, T. 5 S., R. 82 W., 6th P.M. at a point whence the NE corner of said Section 6 bears N. 14°30' E., a distance of 1,750 feet. This diversion was decreed in Water Court Case No. 93CW291 for 11.6 cfs. (4) Edwards Water District Well No. 2, located in the Eagle River alluvium in the SE/4 SW/4 of Section 4, T. 5 S., R. 82 W., 6th P.M. at a point 750 feet from the south section line and 2,100 feet from the West section line for 0.440 cfs in accordance with the decrees in Water Court Case Nos. 81CW161, 81CW195 and 85CW610. (5) June Creek Ranch Well No. 2, located in the Eagle River alluvium in the NW/4 SW/4 of Section 4, T. 5 S., R. 82 W., 6th P.M. whence the NW corner of said Section 4 bears N. 7°8'0" W. 3,092.28 feet, for 1.11 cfs in accordance with the decrees in Water Court Case Nos. W-3999, 82CW228, 84CW200, 84CW233, 88CW268 and 85CW613. (6) June Creek Ranch Well No. 6, located in the Eagle River alluvium in the NW/4 SW/4 of Section 4, T. 5 S., R. 82 W., 6th P.M. whence the NW corner of said Section 4 bears N. 9°29'46" W. 3,692.17 feet, for 0.891 cfs in accordance with the decrees in Water Court Case Nos. W-3999, 82CW228, 84CW200, 84CW233, 88CW268 and 85CW613. (7) Edwards Water Facility, being a point located in the NW1/4 SW1/4 of Section 4, T. 5 S., R. 82 W., 6th P.M., on the northerly bank of the Eagle River at a point whence the SW corner of said Section 4 bears S. 25º8'58" W., 1539.12 feet. This structure was decreed as an alternate point of diversion for water rights owned by Applicant in Case No. 00CW83 and as a point of diversion for 0.4 cfs in Case No. 02CW403 (pending). (8) Well R1, located in the Gore Creek alluvium in the SE/4 SE/4 of Section 3, T. 5 S., R. 80 W., 6th P.M. at a point 1,095 feet from the south section line and 1,256 feet from the east section line, for 2 cfs in accordance with the decrees in Water Court Case Nos. 94CW22 and 93CW316. (9)Well R2, located in the Gore Creek alluvium in the SE/4 SW/4 of Section 3, T. 5 S., R. 80 W., 6th P.M. at a point 900 feet from the south section line and 2,365 feet from the west section line, for 2.5 cfs in accordance with the decrees in Water Court Case Nos. 94CW22 and 93CW316. (10) Well R4, located in the Gore Creek alluvium in the NE/4 NW/4 of Section 9, T. 5 S., R. 80 W., 6th P.M. within a 100 foot radius from a point on the right bank of Gore Creek whence the NW corner of Section 9 bears N. 73° W. a distance of 2,080 feet, for 2.0 cfs in accordance with the decrees in Water Court Case Nos. 94CW22 and 93CW316. (11) Well R7, located in the Gore Creek alluvium in the SE/4 SE/4 of Section 3, T. 5 S., R. 80 W., 6th P.M. at a point 815 feet from the south section line and 575 feet from the east section line, for 5.35 cfs in accordance with the decrees in Water Court Case Nos. 94CW22 and 93CW316. 4.Description of the water rights to be used as the source of augmentation water: Up to 500 acre feet of water in Wolford Mountain Reservoir (a/k/a Gunsight Pass Reservoir) decreed by the Water Court as follows: (a)Wolford Mountain Reservoir. (i)Case No. 87CW283: Date: November 20, 1989, Legal description of point of diversion or place of storage: The dam is located in the SW1/4 of the NE1/4 of Section 25, T. 2 N., R. 81 W., 6th P.M. The intersection of the dam axis with the right abutment will occur at a point which bears W. 54°54'20" E. a distance of 3,716.46 feet from the NW Corner of said Section 25. Source: Muddy Creek and its tributaries, Amount: 59,993 acre feet conditional; of this amount, 32,986 acre feet were made absolute for piscatorial and recreational uses by decree entered in Water Court Case No. 95CW281, Appropriation Date: December 14, 1987, Decreed Use: All beneficial uses, including but not limited to domestic, municipal, agricultural and recreational uses. (ii) Case No. 95CW281: Date: August 26, 1997, Legal description of point of diversion or place of storage: The dam is located in the SW1/4 of the NE1/4 of Section 25, T. 2 N., R. 81 W., 6th P.M. The as-built intersection of the dam axis (Sta. D19+35.61) with the West Access Road (Sta. WR50+55.05), as shown on the Colorado River Water Conservation District, Wolford Mountain Project, Ritschard Dam construction drawing "Dimensional Dam Layout" sheet 8 of 94, occurs at a point which bears S. 53°24'56" E. a distance of 3,395.51 feet from the NW Corner of said Section 25; the bearing of said dam axis from Sta. 19+35.61 to Sta. 0+00 being S. 75° 28' 29" E. Source: Muddy Creek and its tributaries, Amount: 6,000 acre feet conditional, Appropriation Date: January 16, 1995, Decreed Use: All beneficial uses by and for the benefit of the inhabitants of the Colorado River Water Conservation District, including but not limited to domestic, municipal, industrial, irrigation, agricultural, piscatorial and recreational; such uses will include environmental mitigation, including environmental mitigation requirements associated with the Wolford Mountain Project; such uses will be made directly or by substitution, augmentation, or exchange. (iii) Case No. 98CW237: Decree Date: July 6, 2000. Legal Description of place of storage: Same as for 95CW281. Source: Muddy Creek and its tributaries, Amount: 30,000 acre feet conditional with 15,895 AF being absolute for recreational and piscatorial and flood control. Appropriation Date: November 17, 1998, Use: Certain of the beneficial uses previously adjudicated for Wolford Mountain Reservoir in Case No. 87CW283, District Court for Colorado Water Division No. 5 (November 20, 1989 Judgment and Decree), and Case No. 95CW281, District Court for Colorado Water Division No. 5 (August 26,


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1997 Judgment and Decree). (b) Ruedi Reservoir. The Colorado River Water Conservation District holds Contracts No. 009D6C0111, 009D6C0118, 039F6C0011, and 078D6C0106 from the United States Bureau of Reclamation for 6,730 acre feet of annual supply from Ruedi Reservoir and may obtain additional contracts in the future. This water will be used in addition to and substitution for Wolford Mountain Reservoir water in appropriate circumstances where Ruedi water is physically equivalent to Wolford Mountain Reservoir water. (i) Legal description of place of storage: Ruedi Reservoir is located in Sections 7, 8, 9, 11 and 14 through 18, T. 8 S., R. 84 W., 6th P.M., in Eagle and Pitkin Counties. The dam axis intersects the right abutment at a point whence the SW corner of Section 7, T. 8 S., R. 84 W. of the 6th P.M. bears N. 82º10'W. a distance of 1,285 feet. (ii) Source: Fryingpan River. (iii) Previous storage decrees: (a) Civil Action No. 4613: Decree Date: June 20, 1958. Court: Garfield County District Court. Amount: 140,697.3 acre feet, reduced to 102,369 acre feet pursuant to order of the Water Court in Case No. W-789-76. The full amount was made absolute in Case No. 88CW85. Appropriation Date: July 29, 1957. Use: Domestic, municipal, irrigation, industrial, generation of electrical energy, stock watering and piscatorial. (b) Case No. 81CW34: Decree Date: April 8, 1985. Court: District Court, Water Div. No. 5. Amount: 101,280 acre feet (refill); of this amount, 44,509 acre feet were made absolute in Case No. 95CW95 and 25,257 acre feet were made absolute in Case No. 01CW269, for a total of 69,766 acre feet absolute. Appropriation Date: Jan. 22, 1981. Use: Irrigation, domestic, municipal, generation of electrical energy, stock watering, industrial, piscatorial, recreation and maintenance of sufficient storage reserves to fulfill contractual obligations and provide stored water for recreation in times of drought. 5. Description of the plan for augmentation and exchange: By this application, Applicant seeks the right to divert out of priority the water rights and/or structures described in paragraph 3 above on a year round basis for use throughout Applicants’ service area, as that service area may expand from time to time. The structures and service area are indicated on the attached maps. (a) Augmentation plan. To permit the requested out of priority diversions, Applicant proposes to cause the release of or otherwise commit to the Colorado River up to 500 acre-feet of water per year from Wolford Mountain Reservoir, or alternatively Ruedi Reservoir, described in paragraph 4 above. Out of priority depletions caused by the use of the structures described in paragraph 3 above will be accounted for in accordance with the factors set forth in the attached Exhibit A, or such other factors as may be determined by the Court. (b) Exchange plan reach and rate: Applicant seeks approval of a plan to augment by exchange out of priority diversions by the water rights and/or structures described in paragraph 3 above. The downstream terminus of the exchange involving Wolford Mountain Reservoir water described in paragraph 4 above is the confluence of the Colorado River and the Eagle River. The downstream terminus of the exchange involving Ruedi Reservoir water described in paragraph 4 above is the confluence of the Roaring Fork River and the Colorado River. The upstream termini of the subject exchanges are the water rights and/or structures more fully described in paragraph 3 above. The maximum rate of exchange is 10 cfs conditional to the water rights and/or structures identified in paragraph 3 above. (c) Priority date: Applicant seeks a May 25, 2006 priority date in connection with the subject plan for exchange involving Wolford Mountain Reservoir. In the event that the Colorado River Water Conservation District substitutes Ruedi Reservoir water for Wolford Mountain Reservoir water, the exchange involving Ruedi Reservoir will have a priority date of February 10, 2009. (d) In priority diversions: Applicant shall have the right to divert any of the water rights and structures described in paragraph 3 whenever they are in priority. The source of augmentation water described in paragraph 4 need only be utilized when the water rights and structures described in paragraph 3 are out of priority, irrespective of the relative priorities of the water rights to be augmented and the source of augmentation water. 6. Terms and Conditions: (a) So as to ensure proper operation of the subject plan for augmentation and exchange, Applicant will install and maintain such measuring devices and implement such accounting procedures as may be required by the State or Division Engineers to administer the terms of any decree entered in this case. (b) The proposed exchange will not operate when any intervening existing decreed instream flow water rights within the exchange reach are being measured by the Colorado Water Conservation Board, such measurements indicate that the decreed instream flow water right is not being met, and the Colorado Water Conservation Board has placed a valid call for all intervening instream flow water rights and for all instream flow water rights on all tributaries that contribute to the intervening instream flow water right. 7. Remarks: The structures described in paragraph 3(1)-(7) are owned by the Applicant and the structures identified in paragraph 3(8)-(11) are owned by the Eagle River Water and Sanitation District. Wolford Mountain Reservoir described in paragraph 4 is owned by the Colorado River Water Conservation District. Ruedi Reservoir described in paragraph 4 is owned by the United States of America. Applicant has the contractual right to use the water described in paragraph 4. A map showing the Applicant’s service area and points of diversion, and a map showing the subject exchange reaches, including Wolford Mountain Reservoir and Ruedi Reservoir, are attached. WHEREFORE, Applicant requests that this Court enter a decree which: 1. Approves the plan for augmentation and exchange described in paragraph 5 above; and 2. Finds that as a result of the subject plan for augmentation and exchange, there will be no injury to any owner of or persons entitled to use water under a vested water right or decreed conditional water right. (11 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2010 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.


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15. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2009. 09CW193 GRAND COUNTY, CRAZY MAN CREEK. APPLICATION FOR SURFACE WATER RIGHTS AND WATER STORAGE RIGHT. 1. Applicant: Mark Klingenmeier, 1049 Southbury Place, Highlands Ranch, CO 80129, c/o Bernard F. Gehris, Esq., Burns, Figa & Will, P.C., 6400 S. Fiddlers Green Cir., Ste. 1000, Greenwood Village, CO 80111, 303.796.2626. 2. Name of Structures: A. Klingenmeier Pond B. Klingenmeier Diversion C. Klingenmeier Spring 3. Location/Legal Descriptions: A. Klingenmeier Pond: Centerline of Dam is in the SE¼ NW¼ Sec. 36, T2N, R82W, 6th P.M., Grand County, CO, 1850 ft. from the west line and 1740 ft. from the north line of said Section 36. B. Klingenmeier Diversion: in the SE¼ NW¼ of Sec. 36, T2N, R82W, 6th P.M., Grand County, CO, 2125 ft. from the west line and 2400 ft. from the north line of said Section 36. C. Klingenmeier Spring: in the SE¼ NW¼ Sec. 36, T2N, R82W, 6th P.M., Grand County, CO, 2025 ft. from the west line and 1915 ft. from the north line of said Section 36. 4. Source: Crazy Man Creek, tributary to Pass Creek, tributary to Muddy Creek, tributary to the Colorado River; and natural seeps, springs, surface runoff, seepage, and groundwater tributary thereto. Klingenmeier Pond is filled by Klingenmeier Diversion and natural drainage into the Pond. 5. Appropriation: A. Date of Appropriation: i) Klingenmeier Pond: June 1, 1971. ii) Klingenmeier Diversion: June 1, 1971. iii) Klingenmeier Spring: June 1, 1995. B. How Appropriations Initiated: Pond and Diversion - by construction and use of the water structures on the property in 1970-1971 (Diversion was previously in existence); Spring – by improvement to the Spring completed by 1995. C. Date Water Applied to Beneficial Use: Pond and Diversion - June 1, 1971 for absolute amounts and uses; Spring – June 1, 1995 for absolute amount and uses. 6. Amounts Claimed: A. Klingenmeier Pond: 20.0 A-F (absolute for recreation, piscatorial, aesthetics, and flood control; conditional for other claimed uses), together with one annual refill (conditional). B. Klingenmeier Diversion: 2.0 c.f.s. (absolute for recreation and piscatorial; conditional for other claimed uses). C. Klingenmeier Spring: 1 g.p.m. (absolute for domestic and lawn irrigation; conditional for other claimed uses). 7. Uses and Proposed Uses for all Structures. A. Pond: i) Absolute: Recreation, piscatorial, aesthetics, and flood control. ii) Conditional: irrigation (including agricultural and lawn irrigation), domestic, stock watering, commercial, wildlife conservation, fire protection, substitution, replacement, and exchange. B. Diversion: i) Absolute: Recreation and piscatorial. ii) Conditional: irrigation (including agricultural and lawn irrigation), domestic, stock watering, commercial, wildlife conservation, fire protection, substitution, replacement, and exchange. C. Spring: i) Absolute: Domestic and lawn irrigation. ii) Conditional: Recreation, piscatorial, stock watering, commercial, wildlife conservation, fire protection, substitution, replacement, and exchange. D. Irrigation use for up to 10 acres in the S½ NW¼ of Sec. 36, T2N, R82W, 6th P.M., Grand County, CO. 8. Pond Description and Capacity – Klingenmeier Pond: A. Surface Area of High Water Line: 3.5 acres. B. Dam Height: 10.0 ft. C. Dam Length: 500 ft. D. Active Capacity: 20.0 A-F. E. Dead Storage: 0.0 A-F. F. The pond will bypass out-of-priority inflows; when such a bypass is not practical, the Applicant will measure and release out-of-priority inflows. The pond is designed to allow use of a pump to eliminate dead storage. 9. Names of Land Owners: Marguerite E. Klingenmeier owns most of the land upon which the water structures are located and the above-described location of beneficial use. Applicant has her consent for this Application. Samuel J. Dreith owns land upon which a small portion of the Pond and its outlet structure are located. 10. Locations of the structures and proposed irrigation use are shown on Exhibit A attached to the Application. (6 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2010 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. 16. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2009. 09CW194 IN GARFIELD COUNTY, COLORADO. APPLICATION FOR CONDITIONAL WATER RIGHTS. CONCERNING THE APPLICATION FOR WATER RIGHTS OF THE FOUR CREEK DITCH COMPANY. DISTRICT COURT, WATER DIV. NO. 5, COLORADO, 109 Eighth Street, Suite 104, Glenwood Springs, CO 81601. 1. Name and address of Applicant: The Four Creek Ditch Company, c/o President, 610 Lionshead Circle, Ste. D-3, Vail, CO 81657, copies of all pleadings to: Glenn E. Porzak, Thomas W. Korver, Porzak Browning & Bushong LLP, 929 Pearl Street, Suite 300, Boulder, CO 80302, (303) 443-6800. 2. Name of structure: Four Creek Ditch Third Enlargement. Type: Ditch. 3. Description of Water Rights: A. Four Creek Ditch Third Enlargement Headgate No. 1. i. Location: The point of diversion is on the right bank of Lake Creek in Section 13, T. 3 S., R. 87 W. of the 6th P.M. at a point approximately 1500 feet W. of the East Section line and 1900 feet N. of the South Section line of said Section 13. ii. Source: Lake Creek, tributary to Sweetwater Creek, tributary to the Colorado River. iii. Appropriation Date: June 1, 2006. By formation of intent to appropriate together with field investigations. iv. Uses: Recreation, piscatorial, wildlife, power generation, fire protection. v. Amount: 3.0 cubic feet per second, conditional. B. Four Creek Ditch Third Enlargement Headgate No. 2. i. Location: The point of diversion is on Darnell Creek in Section 18, T. 3 S., R. 87 W. of the 6th P.M. at a point approximately 1150 feet E. of the


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West Section line and 725 feet N. of the South Section line of said Section 18. ii. Source: Darnell Creek, tributary to Lake Creek, tributary to Sweetwater Creek, tributary to the Colorado River. iii. Appropriation Date: June 1, 2006. By formation of intent to appropriate together with field investigations. iv. Uses: Recreation, piscatorial, wildlife, power generation, fire protection. v. Amount: 1.0 cubic feet per second, conditional. C. Four Creek Ditch Third Enlargement Headgate No. 3. i. Location: The point of diversion is on Grunner Creek in Section 20, T. 3 S., R. 87 W. of the 6th P.M. at a point approximately 1150 feet E. of the West Section line and 1400 feet S. of the North Section line of said Section 20. ii. Source: Grunner Creek, tributary to Sweetwater Creek, tributary to the Colorado River. iii. Appropriation Date: June 1, 2006. By formation of intent to appropriate together with field investigations. iv. Uses: Recreation, piscatorial, wildlife, power generation, fire protection. v. Amount: 1.50 cubic feet per second, conditional. D. Four Creek Ditch Third Enlargement Headgate No. 4. i. Location: The point of diversion is on East Grunner Creek in Section 20, T. 3 S., R. 87 W. of the 6th P.M. at a point approximately 1200 feet W. of the East Section line and 2100 feet S. of the North Section line of said Section 20. ii. Source: East Grunner Creek, tributary to Sweetwater Creek, tributary to the Colorado River. iii. Appropriation Date: June 1, 2006. By formation of intent to appropriate together with field investigations. iv. Uses:Recreation, piscatorial, wildlife, power generation, fire protection. v. Amount: 1.0 cubic feet per second, conditional. E. Four Creek Ditch Third Enlargement Headgate No. 5. i. Location: The point of diversion is on Cease Creek in Section 20, T. 3 S., R. 87 W. of the 6th P.M. at a point approximately 50 feet W. of the East Section line and 1925 feet N. of the South Section line of said Section 21. ii. Source: Cease Creek, tributary to Sweetwater Creek, tributary to the Colorado River. iii. Appropriation Date: June 1, 2006. By formation of intent to appropriate together with field investigations. iv. Uses: Recreation, piscatorial, wildlife, power generation, fire protection. v. Amount: 1.0 cubic feet per second, conditional. F.Four Creek Ditch Third Enlargement Headgate No. 6. i. Location: The point of diversion is on Riland Creek in Section 28, T. 3 S., R. 87 W. of the 6th P.M. at a point approximately 2650 feet E. of the West Section line and 75 feet S. of the North Section line of said Section 28. ii. Source: Riland Creek, tributary to Sweetwater Creek, tributary to the Colorado River. iii. Appropriation Date: June 1, 2006. By formation of intent to appropriate together with field investigations. iv. Uses: Recreation, piscatorial, wildlife, power generation, fire protection. v. Amount: 1.0 cubic feet per second, conditional. G. Four Creek Ditch Third Enlargement Headgate No. 7. i. Location: The point of diversion is on the East Fork of Riland Creek in Section 28, T. 3 S., R. 87 W. of the 6th P.M. at a point approximately 2275 feet W. of the East Section line and 475 feet S. of the North Section line of said Section 28. ii. Source: East Fork of Riland Creek, tributary to Sweetwater Creek, tributary to the Colorado River. iii. Appropriation Date: June 1, 2006. By formation of intent to appropriate together with field investigations. iv. Uses: Recreation, piscatorial, wildlife, power generation, fire protection. v. Amount: 1.0 cubic feet per second, conditional. H. Four Creek Ditch Third Enlargement Headgate No. 8. i. Location: The point of diversion is on Newman Creek in Section 28, T. 3 S., R. 87 W. of the 6th P.M. at a point approximately 1390 feet W. of the East Section line and 2050 feet S. of the North Section line of said Section 28. ii. Source: Newman Creek, tributary to Sweetwater Creek, tributary to the Colorado River. iii. Appropriation Date: June 1, 2006. By formation of intent to appropriate together with field investigations. iv. Uses: Recreation, piscatorial, wildlife, power generation, fire protection. v. Amount: 1.0 cubic feet per second, conditional. 4. Ownership: Headgate Nos. 1-4 and 6 are located on land located in the White River National Forest owned by the United States of America, PO Box 948, Glenwood Springs, CO 81602. Headgate 5 is located on land owned by Anthony and Teressa Perry, P.O. Box 4400, Vail, CO 81658, shareholders in the Four Creek Ditch Company. Headgate Nos. 7 and 8 are located on land owned by 7W Guest Ranch, LLC, P.O. Box 5259, Eagle, CO 81631. A map depicting the location of Headgates 1-8 and the proposed place of use is attached as Exhibit A. WHEREFORE, Applicant requests that the Court enter a decree granting the water rights described in paragraph 3 above and such other and further relief as this Court deems just and proper. (7 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2010 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. 17. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2009. 09CW195 MESA COUNTY. HT, LLC, c/o John R. Pierce, Dufford, Waldeck, Milburn & Krohn, L.L.P., 744 Horizon Court, Suite 300, Grand Junction, CO 81506, (970) 241-5500; AMENDED APPLICATION FOR UNDERGROUND WATER RIGHTS, ALTERNATIVE POINT OF DIVERSION AND SURFACE WATER RIGHTS; I. GENERAL INFORMATION: Applicant’s name, address and telephone number: HT, LLC, 1150 River Drive, Aspen, CO 81611, (970) 920-3619; Background information: Applicant owns land which includes a gravel pit constructed prior to January 1, 1981. As such, under C.R.S §37-90-137 (11)(b) no permit or plan for augmentation is required with regard to that structure’s evaporative depletions. By this Amended Application, Applicant requests a groundwater right to divert groundwater from a pump intake installed within that pit. Applicant has not enlarged the pit since its initial, pre-1981 construction and evaporative depletions from the surface of the pit will not be affected by the right requested in this case. Additionally, Applicant seeks the right to use the HT Pump Station as an alternate point of diversion for the Hurlburt


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Ditch Pump. Finally, Applicant seeks a new surface diversion from the Colorado River in order to irrigate an additional 5 acres; II. REQUEST FOR UNDERGROUND WATER RIGHT: Name of pit well: HT Pump Station, a well permit application has been filed and is pending; Legal description: The HT Pump Station is located in the NE/4 of the SE/4 of Section 9, T1N, R3W, Ute Meridian, at a point that is 2,450 feet from the south section line and 510 feet from the east section line; A. Source: groundwater tributary to the Colorado River, B. Depth: 6 feet; A. Date of appropriation: July 1, 1996, B. How appropriation initiated: By installation of pump system, C. Date water applied to beneficial use: July 1, 1996; Amount: 700 g.p.m., absolute, with annual diversions not to exceed 370 a.f. This amount relates solely to the amount pumped for irrigation use and does not include evaporative depletions from the pit, which are exempt from the prior appropriation system under C.R.S §37-90-137(11)(b); Proposed use: Irrigation of 58 acres consisting of three fields, all within T1N, R3W, Ute P.M. The first field is located in the NE/4 NW/4 SE/4 of Section 9. The second field is located in the SE/4 of NW/4 of SE/4 of Section 9. The third field is located in the SW/4 of SW/4 of NW/4 of Section 10; III. REQUEST FOR ALTERNATE POINT OF DIVERSION: Name of alternate point of diversion: HT Pump Station; Information from decree for original point of diversion: A. Name of original point of diversion: Hurlburt Ditch Pump, B. Case No: The Hurlburt Ditch Pump was decreed as a new point of diversion for the Hurlburt Ditch in Case No. 96CW299, C. Legal description of original point of diversion: The decree in Case No. 96CW299 described the point of diversion for the Hurlburt Ditch Pump as “a point located on the North bank of the Colorado River in the NE/4 SE/4, Section 9, Township 1 North, Range 3 West, of the Ute Meridian, at a point whence the Northeast Quarter Corner of the said section bears North 0º East a distance of 3,150 feet,” D. Use: Irrigation, E. Date of appropriation: May 15, 1914, F. Amount: 1.56 c.f.s., absolute; Additional comments: Applicant seeks to pump water from the HT Pump Station as an alternate point of diversion for the Hurlburt Ditch Pump; IV. REQUEST FOR SURFACE WATER RIGHT Name of reservoir: Deerwalker Pump; Legal description: The Deerwalker Pump is located in the SW/4 NW/4 of Section 10, T1N, R3W, Ute Meridian, at a point that is 2,125 feet from the north section line and 840 feet from the west section line; Source: Colorado River; Date of appropriation: A. November 6, 2009, B. How appropriation was initiated: By site visit and inspection of pump location and location of beneficial use by Applicant’s attorney and hydrologist, C. Date water applied to beneficial use: n/a; Amount claimed: 0.5 c.f.s., conditional; Use: Irrigation of 5 acres located in the SW/4 NW/4 of Section 10, T1N, R3W, Ute P.M.; Livestock watering of up to 37 head of cattle and 6 horses. (5 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2010 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. 18. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2009. 09CW196 MESA COUNTY. RIM CANYON, LLC, c/o John R. Pierce, Dufford, Waldeck, Milburn & Krohn, L.L.P., 744 Horizon Court, Suite 300, Grand Junction, CO 81506, (970) 241-5500; AMENDED APPLICATION FOR UNDERGROUND WATER RIGHTS, ALTERNATIVE POINT OF DIVERSION AND WATER STORAGE RIGHTS; I. GENERAL INFORMATION: Applicant’s name, address and telephone number: Rim Canyon, LLC, 1150 River Drive, Aspen, CO 81611, (970) 920-3619; Background information: Applicant owns a water right decreed to the CCD Pump Station decreed in Case No. 89CW106, which consists of a surface right diverting from the Colorado River. Applicant seeks a new groundwater right, located adjacent to the Colorado River, which Applicant intends to use as an alternate point of diversion for the CCD Pump Station. Additionally, Applicant seeks a water storage right for a small pond located on the same parcel; II. REQUEST FOR UNDERGROUND WATER RIGHT: Name of pit well: CCD Pump Pit Well, a well permit application has been filed and is pending; Legal description: The CCD Pump Pit Well is located in the SE/4 SW/4 of Section 9, T1N, R3W, Ute P.M. at a point which is 1,010 feet from the south section line and 2,570 feet from the west section line; A. Source: groundwater tributary to the Colorado River, B. Depth: 8.5 feet; A. Date of appropriation: August 1, 1997, B. How appropriation initiated: By excavation of pit well, C. Date water applied to beneficial use: August 1, 1997; Amount: 450 g.p.m., not to exceed 65 a.f. annually (which includes diversions associated with pumping for irrigation use and evaporative depletions from the pit itself); Proposed use: Irrigation, stock watering. Irrigation use has occurred on 10 acres as described in the decree for the CCD Pump Station under Case Nos. 89CW106 and 01CW156. Stock watering occurs year-round for horses (up to 6 head) and over the winter for cattle (up to 37 head); III. REQUEST FOR ALTERNATE POINT OF DIVERSION: Name of alternate point of diversion: CCD Pump Pit Well; Information from decree for original point of diversion: A. Case No: In Case No. 89CW106 the CCD Pump Station was decreed for 0.5 c.f.s. absolute and 0.5 c.f.s. conditional. In Case No. 01CW156 the remaining 0.5 c.f.s. was made absolute, B. Legal description of original point of diversion: The decree in Case No. 89CW106 described the point of diversion for the CCD Pump Station as located in the SE/4 SW/4 of Section 9, T1N, R3W, Ute P.M. at a point which is 900 feet from the south section line and 2,800 feet from the east section line, C. Use: livestock watering, irrigation of 10 acres of land, D. Date of appropriation: May 10, 1984, E. Amount: 1.0 c.f.s.; Additional comments: Applicant seeks to pump water from the CCD Pump Pit Well as an alternate point of diversion for the CCD Pump Station; IV. REQUEST FOR WATER STORAGE RIGHT:


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Name of reservoir: House Pond; Legal description: The House Pond is located in the NE/4 SW/4 of Section 9, T1N, R3W, Ute P.M., at a point which is 1,355 feet from the south section line and 2,064 feet from the west section line; Source: The House Pond is filled with water diverted through the CCD Pump Station, which is decreed for 1 c.f.s. and diverts from groundwater tributary to the Colorado River, and from the Keifer Ditch (surface water tributary to the Colorado River), of which Applicant owns a 2 c.f.s. interest; A. Date of appropriation: 1997, B. How appropriation was initiated: By construction of pond, C. Date water applied to beneficial use: July 1, 1997; Amount claimed: 1.33 a.f., absolute, A. Rate of diversion for filling: 1.0 c.f.s., absolute; Use: Piscatorial, fire protection, wildlife watering directly from the pond, and recreation; Surface area: 0.25 acres, A. Vertical height of dam 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: 9.5 feet; B. Length of dam: 40 feet; Total capacity of reservoir: 1.33 a.f., all dead. (5 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2010 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. 19. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2009. 04CW238 IN SUMMIT COUNTY, COLORADO. AMENDMENTS TO SECOND AMENDED APPLICATION FOR CONDITIONAL SURFACE WATER RIGHTS, CONDITIONAL WATER STORAGE RIGHTS, CHANGE OF WATER RIGHTS AND PLAN FOR AUGMENTATION, INCLUDING CONDITIONAL APPROPRIATIVE RIGHTS OF EXCHANGE. CONCERNING THE APPLICATION FOR WATER RIGHTS OF S.G. COMPANY, a Colorado general partnership, IN THE BLUE RIVER AND ITS TRIBUTARIES. Applicant, S.G. Company, by and through its undersigned counsel, hereby amends the Second Amended Application for Conditional Surface Water Rights, Conditional Water Storage Rights, Change of Water Rights and Plan for Augmentation, Including Conditional Appropriative Rights of Exchange (“Second Amended Application”), as follows: 1. Paragraph 3.J.(1) of the Second Amended Application titled “Legal description of point of storage” is deleted in its entirety and replaced with the following paragraph: (1) Legal description of point of storage: SE1/4 NE1/4, Section 12, Township 3 South, Range 79 West of the 6th P.M., 1545 feet south of the North section line and 1145 feet west of the East section line of said Section 12. 2. Paragraph 3.J.(6) of the Second Amended Application titled “Amount claimed” is amended as follows: The reference to “6.54 acre-feet” is amended to read “10.47 acre-feet.” 3. Paragraph 3.J.(8) of the Second Amended Application titled “Surface area of high water line” is amended as follows: The reference to “3.44 acres” is amended to read “5.89 acres.” 4. Paragraph 3.K.(1) of the Second Amended Application titled “Legal description of point of storage” is deleted in its entirety and replaced with the following paragraph: (2) Legal description of point of storage: SW1/4 NW1/4, Section 7, Township 3 South, Range 78 West of the 6th P.M., 2260 feet south of the North section line and 280 feet east of the West section line of said Section 7. 5. Paragraph 3.K.(6) of the Second Amended Application titled “Amount claimed” is amended as follows: The reference to “3.99 acre-feet” is amended to read “5.11 acre-feet.” 6. Paragraph 3.K.(8) of the Second Amended Application titled “Surface area of high water line” is amended as follows: The reference to “2.10 acres” is amended to read “2.8 acres.” No other changes are made to the Second Amended Application as previously filed and published. Applicant respectfully requests the Court to publish these amendments. (4 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2010 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. 20. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2009. 09CW99 Garfield County. Cattle Creek. Second Amended Application for Findings of Reasonable Diligence and/or to Make Water Rights Absolute. Name, address and telephone number of Applicant: Gary and Eileen Jones (Lot 5A) and Christine McGovern (Lot 6A), SHERRY A. CALOIA, LLC, 1204 Grand Ave., Glenwood Springs, CO 81601, (970) 945-6067. Info from Prior Decree (for all structures described in this Application): Date of original decree: August 4, 2003, Case No. 01CW185, District Court, Water Division 5. Name of Structure: BB Lot No. 5 Well. Location: NE ¼ SW ¼ of Sec 11, T 7 S, R 88 W of the 6th P.M. at a point 2000 feet from the South line and 2780 feet from the West line of Sec 11. Depth: approx. 200 feet. Appropriation date: June 15, 2001. Date applied to beneficial use: October 2006 after receiving certificate of occupancy for house. Amount: 15 g.p.m. (0.033 c.f.s.) cond.


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Decreed Uses: domestic purposes, lawn and garden irrigation and stockwatering on Lot 5 of the Baby Beans subdivision as it is described in the records of the Garfield County clerk and recorder at Reception No. 303003, and as it was amended to Lot 5A, Baby Beans subdivision, as described at Reception No. 631262. The area proposed to be irrigated is 3,000 square feet on Lot 5, now known as Lot 5A. Name and address of owner of land upon which well is located: Applicants Gary and Eileen Jones. Name of Structure:BB Lot 5 Ditch. Location:the point of diversion is located in the NW ¼ SE ¼ (original decree mistakenly reads SW ¼ NE ¼ but the distances from section lines are correct) of Sec 11, T 7 S, R 88 W of the 6th P.M., at a point approx. 3850 feet from the North section line and 2200 feet from the East section line of said Sec 11. Source: Cattle Creek, trib to the Roaring Fork River, trib to the Colorado River. Approp. Date: June 18, 2001. Date Applied to Beneficial Use: April 2008, for filling of BB Lot 5 Pond of all purposes. Amount: 0.50 c.f.s., cond. Decreed Uses: to fill the BB Lot 5 Pond (described below) for stockwatering, wildlife, aesthetic, piscatorial, irrigation, augmentation and recreational purposes. Name of Structure: BB Lot 5 Pond. Location: the pond is located in the NW ¼ SE ¼ of Sec 11, T 7 S, R 88 W of the 6th P.M., approx 2570 feet from the East Section line and 3700 feet from the North Section line in Sec 11, on Lot 5 of the Baby Beans Subdivision as set forth at Reception No. 303003 of the real estate records of Garfield County, Colorado, as amended to Lot 5A, Reception No. 631262. Source:the pond is filled with the BB Lot 5 Pond Ditch. Approp. Date: June 18, 2001. Date applied to beneficial use:April 2008 when filled for first time. Amount: 0.5 acre-feet, conditional, with the right to fill and refill in priority (fill rate: 0.5 c.f.s., conditional). Decreed Uses: recreation, piscatorial, aesthetic, wildlife, stockwatering. Name and address of owner of land upon which pond is located: Applicants Gary and Eileen Jones. Name of Structure: BB Lot 6 Well. Location:NW ¼ SW ¼ of Sec 11, T 7 S, R 88 W of the 6th P.M., at a point 1820 feet from the South and 2020 feet from the West section lines of Sec 11. Depth: approx. 200 feet. Approp. Date: June 15, 2001. Amount: 15 g.p.m. (0.033 c.f.s.), conditional. Decreed Uses: domestic purposes, lawn and garden irrigation and stockwatering on Lot 6 of the Baby Beans subdivision as it is described in the records of the Garfield County clerk and recorder at Reception No. 303003 and as it was amended to Lot 6A, Baby Beans subdivision, as described at Reception No. 631262. The area proposed to be irrigated is 3,000 square feet on Lot 6, now known as Lot 6A. Name and address of owner of land upon which well will be located: Applicant Christine McGovern. Name of Structure: BB Lot 6 Ditch Location: the point of diversion is located in the NW ¼ SE ¼ of Sec 12, T 7 S, R 88 W of the 6th P.M., at a point approximately 3750 feet from the North section line and 1800 feet from the East section line of said Sec 12. Source: Cattle Creek, tributary to the Roaring Fork River, tributary to the Colorado River. Approp. Date:June 18, 2001. Amount: 0.50 c.f.s., conditional. Decreed Uses: to fill the BB Lot 6 Pond (described below) for stockwatering, wildlife, aesthetic, piscatorial, irrigation, augmentation and recreational purposes. Name of Structure:BB Lot 6 Pond Location: the pond will be located in the NE ¼ SE ¼ of Sec 11, T 7 S, R 88 W of the 6th P.M., approx. 1900 feet from the East Section line and 3650 feet from the North Section line in Sec 11, on Lot 6 of the Baby Beans Subdivision as set forth at Reception No. 303003 of the real estate records of Garfield County, Colorado, as amended to Lot 6A, Reception No. 631262. Source:the pond will be filled with the BB Lot 6 Pond Ditch. Approp. Date: June 18, 2001. Amount:0.5 acre-feet, conditional, with the right to fill and refill in priority (fill rate: 0.5 c.f.s., conditional). Decreed Uses: recreation, piscatorial, aesthetic, wildlife, stockwatering. Name and address of owner of land upon which pond will be located: Applicant Christine McGovern. The Second Amended Application contains a detailed outline of work performed during the diligence period toward the completion of the appropriation of all water rights described herein (6 pages). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2010 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.

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