division 5 water court- april 2017 resume 1. pursuant … · division 5 water court- april 2017...

DIVISION 5 WATER COURT- APRIL 2017 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 APRIL 2017. The water right claimed by this application may

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

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

17CW5 (09CW163)GARFIELD COUNTY-MITCHELL CREEK TRIBUTARY TO THE COLORADO RIVER. Denver, Janet

& Henry Hayes; 1962 C.R. 132; Glenwood Springs, CO 81601 (970)942-7081. Beckley Hydro-Application for Finding of Reasonable

Diligence. Location: NE¼SW¼ of Sec. 27, T.5S., R.89W. of the 6th

P.M. 2,050 ft. from the south sec. line and 2,690 ft. from the east

sec. line. Appropriation: Oct. 30, 2009. Amount: 1.0 c.f.s., conditional. Use: hydropower (nonconsumptive). An outline of worked

performed during the diligence period is included in the application. (6 pgs.)

YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JUNE 2017 to file with the Water Clerk a verified

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

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

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

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

81601.






17CW3067 GARFIELD COUNTY. GROUNDWATER TRIBUTARY TO THE ROARING FORK RIVER. Application for

Finding of Reasonable Diligence and to Make Absolute, in Part. Applicant: C’Dale, L.L.C., c/o Balcomb & Green, P.C., PO

Drawer 790, Glenwood Springs, CO 81602; 970-945-6546. Structure: Colorado Meadows Well. Decree Information: Orig. Decree:

Case No. W-2795, entered 1/28/1976, Dist. Court, Water Division No. 5. Subsequent Diligence: Case No. 08CW10, Dist. Court,

Water Division No. 5, 4/3/2011. Decreed location: Sec. 34, T. 7 S., R. 88 W., 6th

P.M. at a pt. where the monument for the intersection

of 4th

St. and Main St. in the Town of Carbondale Colorado bears S. 11 deg., 31 min., 11 sec. E. 1,579.81 ft. This location is also

described as being in the SE1/4, NW1/4, Sec. 34, T. 7 S., R. 88 W., 6th

P.M. at a pt. 2,400 ft. from the N. Sec. line and 1,725 ft. from

the W. Sec. line of said Sec. 34. Exh. A. Depth: 68 ft. Well Permit: 18982-F, Exh. B. Approp. Date: 8/7/1974. The Colorado

Meadows Well was drilled and pumps installed on 10/7/1974. A statement of beneficial use was then filed with the Colorado Division

of Water Resources indicating that the water was put to beneficial use in the Amt. of 310 gpm (0.69 cfs). Subsequent to the filing of

the statement of beneficial use, Applicant and its predecessors have used water from the well for the decreed uses. Amt.: 0.67 cfs,

with total annual diversions not to exceed 140 AF. Use: Dom., comm. and mun. The mun. uses decreed to the Colorado Meadows

Well may only be perfected upon a showing that the well has been diverted and put to such beneficial use by the Town of Carbondale.

A complete list of diligence activities and expenditures is on file with this Court. Request to Make Absolute: Date of Beneficial Use:

6/1/1975. Amt. claimed as absolute: 95 gpm (0.21 c.f.s.). A pump test report from 11/13/2007 Exh. C. Remarks: The Colorado

Meadows Well is used for comm. purposes and for a truck wash located on Applicant’s property. Comm./ind. buildings were firs t

constructed in 1975 and 1976, after the well had been permitted and drilled. Upon information and belief, a five horse-power pump

was installed and existed for many years. That pump was replaced in Nov. of 2015. The previous pump pumped at a rate of 95 gpm

for comm. use on the property. Amt. to remain cond.: 0.46 cfs. Name and address of owner upon which the diversion structure is

located. Applicant. (12 pgs.)






81601.






17CW3068 GRAND COUNTY, COLORADO RIVER. Applicant: Fox Valley Ranch, LLC, 1200 17th

Street, Suite 3000, Denver,

CO. 80202, Ph: 303-628-9500, Stanley W. Cazier, Cazier & McGowan PO Box 500, Granby, CO. 80446, 970-887-3376.

APPLICATION FOR FINDING OF REASONABLE DILIGENCE. Name of Structure: Lake Geraldine. Location: Lake Geraldine,

located in Grand County, CO. with point of diversion: NW1/4

of the SW1/4

, Section 32, T1N, R76W of the 6th

P.M., 1,425 feet North of

South Section Line and 230 feet east of West Section Line. Dam is located at a point whence the East ¼ corner of Section 31,

Township 1 North, Range 76 West of the 6th

P.M. bears N 37°36’59” East 612.55 feet. Source: Unnamed Creek tributary to Ten Mile

APRIL 2017 RESUME

WATER DIVISION 5 PAGE 2

Creek, tributary to the Fraser River, tributary to Colorado River. Date of Appropriation: 1987. Decreed: 09/11/1997. Case: 96CW16.

Amount: 14.14 af with feeder ditch diversion rate of 0.5 cfs. Use: Domestic, commercial, fire protection, fish propagation and

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






81601.






17CW3069 GARFIELD COUNTY. PARACHUTE CREEK, TRIB. TO COLORADO RIVER. Application for Finding of

Reasonable Diligence and to Make Absolute, in Part. Applicant: Garfield County School Dist. No. 16, c/o Balcomb & Green, PC, PO

Drawer 790, Glenwood Springs, CO 81602; 970-945-6546. Structure: Diamond Ditch School Dist. Enl. Decree information: Orig.

Decree: Case No: 01CW361, entered 3/8/2004, Dist. Court, Water Division No. 5. Subsequent Decree awarding diligence and to make

absolute in part: Case No. 10CW77, entered 4/3/2011, Dist. Court, Water Division No. 5. Decreed location: The pt. of diversion is at

a pt. from which the N.W. corner of Sec. 12, T. 7 S., R. 96 W. of the 6th

P.M. bears N. 30 deg., 15 min. W. 1,848 ft. as depicted on

Figure 1 to app. This location may also be described as being 1,030 ft. from N. Sec. line and 1,010 ft. from W. Sec. line of Sec. 12,

T.7S., R.96W., 6th PM. Date of approp.: 7/25/2000. Amt.: 0.8 cfs. Uses: The Diamond Ditch School Dist. Enl. is cond. for the irr. of

9.61 acres within the School Dist. property, which is located in the N1/2 of Sec. 13, T. 7 S., R. 96 W., 6th

P.M. as shown on Figure 1 to

app. This water right was made absolute for irr. of 9.89 acres in Case No.10CW77. Structure: Garfield County School Dist. Pond and

to make absolute, in part. Decree information: Orig. Decree: Case No: 01CW361, entered 3/8/2004, Dist. Court, Water Division No.

5. Subsequent Decree awarding diligence and to make absolute in part: Case No. 10CW77, entered 4/3/2011, Dist. Court, Water

Division No. 5. Location of dam: The N. corner of the pond is located 161.15 ft. S. 04 deg. 34 min. 23 sec. E. of the N1/4 corner of

Sec. 13, T. 7 S., R. 96 W., 6th P.M. The center pt. of the pond may also be described as being 210 ft. from N. Sec. line and 2630 ft.

from E. Sec. line of Sec. 13, T.7S., R.96W., 6th PM. Source: the Garfield County School Dist. Pond is an off-channel pond that is

filled from Parachute Creek, trib. to Colorado River using the Diamond Ditch School Dist. Enl. at a rate of 0.8 cfs. Date of approp.:

7/25/2000. Amt.: 1.6 AF. Surface area of high water line: 0.28 acre. Max. ht. of dam in ft.: pond is excavated to a depth of 8 ft.

below orig. ground surface. Length of dam in ft.: None. Entire pond is excavated. Total capacity: 1.66 AF, the pump intake is set at 2

ft. Dead Storage: 0.32 AF. Use: The Garfield County School Dist. Pond is cond. for the irr. of 9.61 acres within the School Dist.

property, which is located in the N1/2 of Sec. 13, T. 7 S., R. 96 W., 6th

P.M. as shown on Figure 1 to app. This water right was made

absolute for irr. of 9.89 acres in Case No.10CW77. Remarks: The subject pond is part of the irr. system for the School Dist. property,

and provides operational short-term storage of the School Dist.’s irr. right in and to the Diamond Ditch Priority No. 35. A complete

list of diligence activities and expenditures is on file with this court. Remarks: Sec. 37-92-301(4)(e) provides that a cond. water

storage right shall be made absolute for all decreed purposes to the extent of the volume of the appropriation that has been captured,

possessed, and controlled at the decreed storage structure. The Garfield County School Dist. Pond is currently decreed absolute for irr.

purposes of 9.61 acres. Applicant requests confirmation that the water right be decreed absolute in its entirety in the Amt. 1.6 AF of

active capacity for supplemental irr. not to exceed 19.5 acres located within the School Dist. property in the N1/2 of Sec. 13, T. 7 S.,

R. 96 W., 6th

P.M. Names and addresses of owners or reputed owners of the land upon which any new diversion or storage structure,

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

including any modification to the existing pool: Diamond Ditch Headgate: Ivo E. and Betty J. Lindauer, 269 Lodgepole Circle,

Parachute, CO 81635. Garfield County School Dist. Pond: Applicant. (6 pgs.)






81601.



CLERK FOR WATER DIVISION 5 DURING THE MONTH OF APRIL 2017. The water right claimed by this application

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

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

APRIL 2017 RESUME


17CW3070 MESA COUNTY. SPRINGS AND SEEPS TRIBUTARY TO PLATEAU CREEK, TRIBUTARY TO

COLORADO RIVER. Application for Finding of Reasonable Diligence and to Make Absolute, in Part. Applicant: Jake L. Segrest,

c/o Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, Colorado 81602, (970) 945-6546. Applicant requests a finding of

reasonable diligence for the Ramona Springs and Seep, Jake Sr. Springs and Seep, Jake Jr. Springs and Seep, Darra Springs and Seep,

Kinley Springs and Seep, Janna Springs and Seep described as follows: Decree information: Orig. decree: Case No. 99CW197, Dist.

Ct., Water Division No. 5 entered 7/19/2004. Subsequent decree awarding diligence: Case No. 10CW192, Dist. Ct. entered 4/3/2011.

Legal Description of each pt. of diversion: Ramona Springs and Seep: SE1/4, NE1/4, Sec. 14, T. 10S., R. 97 W., 6th P.M. at a pt. 150

ft. W. of the E. line and 1,970 ft. S. of the N. line of said Sec. 14. Jake Sr. Springs and Seep: NE1/4, NE1/4, Sec. 14, T., 10 S., R. 97

W., 6th P.M. at a pt. on the E. line and 790 ft. S. of the N. line of said Sec. 14. Jake Jr. Springs and Seep: NE1/4, NE1/4, Sec. 14, T.

10 S., R. 97 W., 6th P.M. at a pt. 250 ft. W. of the E. line and 700 ft. S. of the N. line of said Sec.14. Darra Springs and Seep: NE1/4,

NE1/4, Sec. 14, T. 10 S, R. 97 W., 6th P.M. at a pt. 725 ft. W. of the E. line and 725 ft. S. of the N. line of said Sec. 14. Kinley

Springs and Seep: NE1/4, NE1/4, Sec. 14, T. 10 S., R. 97 W., 6th P.M. at a pt. 1,200 ft. W., E. line and 1,025 ft. S. of the N. line of

said Sec. 14. Janna Springs and Seep: NW1/4, NE1/4, Sec. 14, T. 10 S., R. 97 W., 6th P.M. at a pt. 1,700 ft. W. of the E. line and 725

ft. S. of the N. line of said Sec. 14. Date of approp.: 7/19/1985. Amt.: Ramona Springs and Seep: 0.25 c.f.s., absolute for supplemental

irr. of 25 acres; cond. for dom., power generation, and irr. of 10 acres. Jake Sr. Springs and Seep: 0.15 c.f.s., absolute for supplemental

irr. of 25 acres; cond. for dom., power generation, and irr. of 10 acres. Jake Jr. Springs and Seep: 0.05 c.f.s., absolute for supplemental

irr. of 25 acres; cond. for dom., power generation, and irr. of 10 acres. Darra Springs and Seep: 0.10 c.f.s., absolute for supplemental

irr. of 25 acres; cond. for dom., power generation, and irr. of 10 acres. Kinley Springs and Seep: 0.18 c.f.s., absolute for supplemental

irr. of 25 acres; cond. for dom., power generation, and irr. of 10 acres. Janna Springs and Seep: 0.15 c.f.s., absolute for supplemental

irr. of 25 acres; cond. for dom., power generation, and irr. of 10 acres. Uses: dom., generation of electric power, and irr. of approx. 10

acres. The additional ten-acre tract proposed for irr. is located in the NW1/4NE1/4, Sec. 14, T. 10 S., R. 97 W., 6th P.M. as shown on

Figure 1. Applicant has requested a finding of reasonable diligence for the Segrest Springs & Seep decreed in Case No. 01CW323 and

described as follows: Orig. Decree: Case No. 01CW323, Dist. Ct., Water Division No. 5, entered 8/6/2004. Subsequent decree

awarding diligence: Case No. 10CW192, Dist. Ct. entered 4/3/2011. Legal Description of Pt. of Diversion: Segrest Springs & Seep:

SE1/4NE1/4, Sec. 14, T. 10 S., R. 97 W., 6th P.M., at a pt. 150 ft. W. of the E. line and 1,970 ft. S. of the N. line of said Sec. 14.

Source: Springs and seeps trib. to Plateau Creek, trib. to the Colorado River. Date of approp.: 12/21/2001 for cond. uses. Amt.: 0.25

c.f.s., cond. for supplemental irr. of 12.2 acres; and cond. for dom., generation of electrical power, and irr. of 22.8 acres located in the

NE1/4NE1/4 and NW1/4NE1/4 of Sec. 14, T. 10 S., R. 97 W., 6th P.M. as shown on Figure 1. A complete list of diligence activities

and expenditures is on file with this Ct.. Request to Make Absolute in part: Applicant requests a finding that the Ramona Springs and

Seep, Jake Sr. Springs and Seep, Jake Jr. Springs and Seep, Darra Springs and Seep, Kinley Springs and Seep, Janna Springs and Seep

water rights have been made absolute for the irr. of an additional 5.3 acres of the remaining 10 acres described in Case No.99CW197

and shown on Figure 1. These water rights already have been made absolute in the rates of flow described above and for supplemental

irr. of 25 acres. Applicant does not request to make any additional rate of flow absolute, only to confirm irr. on additional lands. Date

of beneficial use: 6/15/2014. Amt. claimed as absolute: irr. of 5.3 acres. Amt. to remain cond.: irr. of 4.7 acres dom., generation of

electric power. Request to Make Absolute in part: Applicant requests a finding that the Segrest Springs and Seep has been made

absolute for the irr. of 5.8 acres of the 22.8 acres decreed in Case No. 22.8 and shown on Figure 1. Date of beneficial use: 6/15/2014.

Amt. claimed as absolute: 0.064 cfs for irr. of 5.8 acres. Amt. to remain cond.: 0.186 cfs for irr. of 17 acres dom., generation of

electric power. Name and address of owner upon which the diversion structure is located. Applicant. (7 pgs.)






81601.






17CW3071 GARFIELD COUNTY. ALLUVIUM OF THE COLORADO RIVER. Application for Finding of Reasonable

Diligence. Applicant: Canyon Creek Self Storage, LLC, c/o Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602;

970-945-6546. Summary of Application: Applicant requests a finding of reasonable diligence for the Gabossi Well. Decree

Information: Orig. Decree: Case No. 02CW58, entered 3/15/2004, Water Division No. 5. Subsequent Decree: Case No. 10CW50

entered 4/3/2011, District Court, Water Division No. 5. Decreed Location: SE1/4 NW1/4, Sec. 35, T. 5 S., R. 90 W., 6th

P.M. in

Garfield County, Colorado at a pt. 2,000 ft. from the N. sec. line and 1,770 ft. from the W. sec. line of said Sec. 35. See Figure 1 to

app. Date of Approp.: 2/28/2002. Amt: 0.056 cfs (25 gpm) and 1.4 AF/year. Use: Irr. of 5,000 sq. ft. of lawn and comm. (sanitary and

drinking) for 5 offices and washing of 10 vehicles per day. The land to be irrigated is located within Lot 3, Gabossi Subdivision

APRIL 2017 RESUME


Exemption according to the Plat thereof recorded 2/11/2003 as Reception No. 620584. Well Permit No. 57578-F. Depth: 225 ft. A

complete list of diligence activities and expenditures is on file with this court. Names and addresses of owners or reputed owners of

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

constructed: Applicant. (6 pgs.)






81601.






17CW3072 GARFIELD COUNTY. PARACHUTE CREEK AND ITS TRIBUTARIES, ALL OF WHICH ARE TRIBUTARY

TO THE COLORADO RIVER, and the Colorado River mainstem, from which water will be diverted to the reservoir through

Chevron’s Dragert, Eaton and Pacific No. pumping plant and pipeline facilities. Application for Finding of Reasonable Diligence.

Applicant: Chevron U.S.A. Inc., c/o Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602; 970-945-6546.

Applicant requests a fining of reasonable diligence on its 50% interest in the Parachute Creek Reservoir. Applicant owns a 50%

interest in the Parachute Creek Reservoir water right. Prior to 1996, Chevron and Union Oil Company of California filed joint

applications for findings of reasonable diligence for this water right. Subsequent to 1996, separate applications for finding of

reasonable diligence have been filed by the respective owners of this water right. Union Oil Company’s 50% percent interest is now

owned by EnCana Oil & Gas (USA) Inc. and American Soda, LLP, a wholly-owned subsidiary of Solvay America. Decree

Information: Orig. Decree, Case No. W-252, entered 7/26/1971, Dist. Court, Water Division No. 5. Subsequent Decrees awarding

finding of reasonable diligence: W-252-72, entered 7/1/1973; W-252-76, entered 12/28/1977; 80CW459, entered 8/5/1981; 84CW660

entered 5/31/1985; 88CW167, entered 1/29/1990; 96CW13, entered 3/28/1997; 03CW51 entered 2/27/2004; and 10CW81, entered

4/3/2011; all Dist. Court, Water Division 5. Place of storage: As decreed in W-252 The intersection of the centerline of the dam axis

with the centerline of Parachute Creek located at a pt. whence the S. Quarter Corner of Sec. 36, T. 5 S., R. 96 W., 6th

P.M. bears N.

6º42' E. a distance of 9,049.8 ft. As found in Case No. 2010CW81, the orig. location of Parachute Creek Reservoir was derived from

drawing #23092 dated 25 May 1967 submitted with the orig. application. However, since the 1967 drawing was prepared, the

surveying standard for the area depicted has changed and is now based on the Unocal Modified Colorado State Plane Coordinates,

having a bearing basis of N. 38˚ 46’ 25” W. between U.S.G.S. Stations, “Hurlburt” and “Sage.” Consequently, under the current

Unocal Coordinate System, the decreed location of the place of storage is now described as: The intersection of the center line of the

dam axis with the center line of Parachute Creek, which is located at pt. whence the S. Quarter Corner of Sec. 36, T. 5 S., R. 96 W. of

the 6th

P.M. bears N. 10˚ 15’ 43” E. 9049.8 ft. Alternative legal description: The intersection of the center line of the dam axis with the

center line of Parachute Creek is in the SE1/4 NE1/4 (Lot 8) of Sec. 8, T. 6 S., R. 96 W., 6th

P.M., at a pt. 2499 ft. from the N. line and

427 ft. from the E. line of said Sec. 8. A map depicting the decreed location is attached as Exhibit A. Approp. date: 12/15/1966.

Decreed Amount: 33,773 acre ft., of which Applicant owns 16,886.5 acre ft., cond.. This application requests a finding of reasonable

diligence on Applicant’s 16,855.5AF remaining cond. Uses: Mining, retorting, refining, power, mun., ind., mechanical, dom. and all

purposes for which water may be required in connection with the production of shale oil and its products. To the extent the subject

water right is made absolute in the future for mun. purposes, only an entity authorized to provide water for mun. uses may claim that

the subject water right has been made absolute for mun. purposes. Place of Use: Chevron Shale Oil Company lands located in W.ern

Colorado as shown on Exhibit B. A complete list of diligence activities and expenditures is on file with this court. These include:

continued shale oil technology and development and water rights system development and protection. Name of owner of land upon

which new structure will be located: Applicant, Encana Oil & Gas (USA) Inc., 370 17th Street, Suite 1700, Denver CO 80202, and

American Soda, LLP, a wholly-owned subsidiary of Solvay America 2717 County Road 215, Parachute, CO 81635. (14 pgs.)






81601.




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must appear to object and protest within the time provided by statute, or be forever barred. 17CW3073 PITKIN COUNTY. E. SOPRIS CREEK, A TRIBUTARY OF THE ROARING FORK RIVER. Application to

Make Conditional Water Rights Absolute. Applicants: Ken and Sally Vagneur, c/o Balcomb & Green, P.C., P. O. Drawer 790,

Glenwood Springs, CO 81602, (970) 945-6546. Summary. This Application requests the water rights decreed by the Dist. Ct., Water

Division 5 in Case No. 10CW282, on 1/24/2013 be made absolute. Claim to make absolute: Eagle Ditch-Vagneur Enlargement.

Decreed location: The pt. of diversion is located on the left or W. bank of E. Sopris Creek at a pt. located in the SE¼NW¼, Sec. 24, T.

8 S., R. 87 W., 6th

P.M. at a pt. 2,188 ft. from the N. Sec. line and 2,302 ft. from the W. Sec. line. Date of Approp.: 3/13/2007. Date

Water Applied to Beneficial Use: 4/24/2015, Diversion records are attached as Exhibit A. Amt. Claimed: 0.5 CFS. Uses: to fill and

refill the Vagneur Aug. Pond for aug., pisc., rec. and aesthetic purposes. Claim to Make absolute: Vagneur Aug. Pond. Legal

Description: The Vagneur Aug. Pond is located off-channel. The center pt. of the pond is located in the SE¼ NW¼, Sec. 24, T. 8 S.,

R. 87 W., 6th

P.M. at a pt. 2,001 ft. from the N. Sec. line and 2,130 ft. from the W. Sec. line. Name of the Ditch Used to Fill the Pond:

Eagle Ditch - Vagneur Enlargement. Date of Approp.: 3/13/2007. Date Water Applied to Beneficial Use: 4/24/2015, by filling and

storing water in the Vagneur Aug. Pond. Applicants’ diversion records are attached as Exhibit A. Amt. Claimed: 0.30 AF first fill,

and continuous refill not to exceed 0.60 AF/year. Uses: Rec., Aesthetic, Pisc., and Aug. of the Eagle Ditch and Metcalf Pond pursuant

to the plan for aug. decreed in 10CW282. The Vagneur Aug. Pond will operate as a flow-through pond when in priority returning

water to E. Sopris Creek though a pipeline or other lined structure. Surface Area of High Waterline: 0.08 Acres. Max. Ht. of Dam: 4.5

ft. Length of Dam: 125 Ft. Total Capacity of Pond: 0.30 AF all Active Capacity. Names and addresses of owners or reputed owners of

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

constructed or upon which water is or will be stored, including any modification to the existing storage pool are located: Applicants.

(16 pgs.)






81601.





must appear to object and protest within the time provided by statute, or be forever barred. 17CW3074 GUNNISON COUNTY, ROARING FORK AND COLORADO RIVERS. Application for Finding of Reasonable

Diligence. Larry and Jason Darien c/o Jeff Houpt & Ryan Jarvis of Beattie, Chadwick & Houpt, 932 Cooper Ave, Glenwood Springs,

970-945-8659. Structure: Gus’ Spring. Original decree entered on 04/03/11 in 10CW15. Location: NE¼ SW ¼ of Sec 21, T 11 S, R

88 W 6th

PM, 2,038 ft from S sec line and 2,520 ft from W sec line. Source: Unnamed trib to Crystal River, trib to Roaring Fork River,

trib to Colo River. Appropriation date: 10/19/2009. Amount: 2.0 cfs, conditional. Use: Hydro-electric generation. The Application on

file with the court includes a list of activities demonstrating diligence. Owner of land: Jason Darien. (4 pages)






81601.





must appear to object and protest within the time provided by statute, or be forever barred. 17CW3075(10CW168), GARFIELD COUNTY, COLORADO - Application for Findings of Reasonable Diligence and to Make

Water Rights Absolute. Applicants: Franklin Dee Norell and Vicky L. Norell, c/o Edward B. Olszewski, Esq., Olszewski, Massih &

Maurer, P.C., P.O. Box 916, Glenwood Springs, CO 81602, (970) 928-9100. Names of Structures: ADAMS WATER SYSTEM NO.

1, consisting of Cabin Spring, Clear Creek Spring No. 1 (both decreed absolute in Case No. 02CW221), Clear Creek Spring No. 2,

Cynda Spring, Brush Creek Spring, and Jason Spring. Original and Subsequent Decrees: 95CW360, 08/30//1996; 02CW221,

05/06/2004; and 10CW168, 04/03/2011. Location: Clear Creek Spring No. 2: SW1/4NE1/4. Sec. 4, T5S, R99W, 6th

P.M. 2,409 feet

from the North line, 1,640 feet from the East line. Cynda Spring: SW1/4NW1/4, Sec. 4. T5S, R99W, 6th

P.M., 2,203 feet from the

APRIL 2017 RESUME


North line, 408 feet from the West line. Brush Creek Spring: NE1/4SW1/4, Sec. 6, T5S, R99W, 6th

P.M., 2,385 feet from the South

line, 1,305 feet from the West line. Jason Spring: SE1/4SE1/4, Sec. 6, T5S, R99W, 6th

P.M., 1,110 feet from the South line, 655 feet

from the East line. Source: Springs tributary to Clear Creek and Brush Creek, tributary to Roan Creek, all tributary to the

Colorado River. Appropriation Date (all structures): 06/03/1994. Amount: Clear Creek Spring No. 2: 15 g.p.m., Cynda Spring: 15

g.p.m., Brush Creek Spring: 15 g.p.m, Jason Spring: 3 g.p.m., all Conditional. Uses: Clear Creek Spring No. 2, Cynda Spring, and

Brush Creek Spring: Stock and wildlife water and Jason Spring: Domestic. Detailed Outline: Applicants have constructed stock and

wildlife ponds adjacent the Cynda Spring and Brush Creek Spring and has used water from the springs for livestock and wildlife.

Applicants continue to plan for the development of the other conditional water rights herein. Applicants have investigated home sites

for use of the Jason Spring. Diligence on a portion of an integrated system constitutes diligence for the whole project. Applicants’

activities and expenditures establish that Applicants have been reasonably diligent in the development of the conditional water rights

referenced herein. Absolute Claim. Applicants claim to make the Cynda Spring and Brush Creek Spring absolute, for 15 g.p.m. each,

for stock and wildlife water. Date water applied to beneficial use: 08/21/2016. Amount: 15 g.p.m., each spring. Use: Stock and

wildlife water. Cynda Spring: Applicants constructed a stock and wildlife impoundment that is 6 ft. deep, 24 ft. wide and 30 ft. long

and diverted 15 g.p.m. of water from the Cynda Spring into the pond for stock and wildlife water. Brush Creek Spring: Applicants

constructed a stock and wildlife impoundment that is 4 ft. deep, 15 ft. wide and 20 ft. long and diverted 15 g.p.m. of water from the

Brush Creek Spring into the pond for stock and wildlife water. Description of place of use: The area adjacent to springs where ponds

are constructed. Landowner Notification: All structures are located on lands owned by Applicants. The place of use for all conditional

water rights is the area immediately surrounding the water rights. Applicants request a decree of this Court and finding the Applicants

have exercised reasonable diligence toward the development of the aforementioned water rights and has made a portion thereof

absolute. (6 pages, incl. 1 map)






81601.





must appear to object and protest within the time provided by statute, or be forever barred. 17CW3076 GARFIELD COUNTY, COLORADO, ROARING FORK RIVER. City of Glenwood Springs, c/o Debra Figueroa,

City Ma ager, 101 West 8th Street, Glenwood Springs, CO 81601; c/o Karl J. Hanlon; Karp Neu Hanlon, P.C.; 201 14th

Street, Suite

200, P.O. Drawer 2030, Glenwood Springs, CO 81602. Application for Finding of Reasonable Diligence. First Claim: Finding of

Reasonable Diligence for Surface Water Right. Atkinson Canal Diversion. Date of original decree: January 7, 1997, in Case No.

94CW358. Subsequent decrees: 03CW13, 10CW66. Location: A point on the West Bank of the Roaring Fork River in the SW1/4 of

the NE1/4 of the SW1/4 of Section 22, Township 6 South, Range 89 West, 6th P.M., approximately 1,480 feet east of the West

Section line and 1,620 feet north of the South Section line of said Section 22. Source: Roaring Fork River. Appropriation date: May

31, 1987. Amount: 5.0 c.f.s., conditional. Use: All municipal purposes, including but not limited to, domestic, irrigation,

commercial, industrial, sanitary, recreation, fire protection, and storage for subsequent use. Place of Use: Within Applicant’s

potential municipal water service area. Remarks: The Atkinson Canal Diversion will operate out-of-priority pursuant to the plan for

augmentation approved in Case No. 94CW358 and Applicant’s contract with the Bureau of Reclamation, Contract No. 6-07-60-

W0503, for the supply of 500 acre-feet of water annually from Ruedi Reservoir. Owner of land on which structure is located:

Applicant. Second Claim: Finding of Reasonable Diligence for Surface Water Right. Seventh Street Diversion Structure. Date of

original decree: January 7, 1997, in Case No. 94CW358. Subsequent decrees: 03CW13, 10CW66, 10CW220. Location: A point on

the West Bank of the Roaring Fork River in the NE1/4 of the SW1/4 of Section 9, Township 6 South, Range 89 West, 6th P.M.,

approximately 2,270 feet east of the West Section line and 2,200 feet north of the South Section line of said Section 9. Source:

Roaring Fork River. Appropriation date: May 31, 1987. Amount: 6.34 c.f.s., conditional, out of 15.0 c.f.s. total approved for the water

right. In case No. 10CW66, 8.66 c.f.s. was made absolute for all decreed uses. Uses: All municipal purposes, including but not

limited to, domestic, irrigation, commercial, industrial, sanitary, recreation, fire protection, and storage for subsequent use. Place of

use: Within Applicant’s potential municipal water service area. Remarks: The Seventh Street Diversion Structure water right will

divert out-of-priority pursuant to the plan for augmentation approved in Case No. 94CW358 and Applicant’s contract with the Bureau

of Reclamation, Contract No. 6-07-60-W0503, for the supply of 500 acre-feet of water annually from Ruedi Reservoir. Name of

owner of land on which structure is located: Applicant. Third Claim: Finding of Reasonable Diligence for Surface Water Right.

South Glenwood Diversion Structure. Date of original decree: January 7, 1997, in Case No. 94CW358. Subsequent decrees: 03CW13,

10CW66. Location: A point on the West Bank of the Roaring Fork River in the SE1/4 of the SW1/4 of Section 27, Township 6 South,

Range 89 West, 6th P.M., approximately 1,200 feet west of the East Section line and 500 feet north of South Section line of said

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Section 27. Source: Roaring Fork River. Appropriation date: May 31, 1987. Amount: 15.0 c.f.s., conditional. Uses: All municipal

purposes, including but not limited to, domestic, irrigation, commercial, industrial, sanitary, recreation, fire protection, and storage for

subsequent use. Place of use: Within Applicant’s potential municipal water service area, as depicted in Exhibit B. Remarks: The

South Glenwood Diversion Structure will divert out-of-priority pursuant to the plan for augmentation approved in Case No. 94CW358

and Applicant’s contract with the Bureau of Reclamation, Contract No. 6-07-60-W0503, for the supply of 500 acre-feet of water

annually from Ruedi Reservoir. Name of owner of land on which structure is located: Applicant. Diligence activities – all water

rights: The Application contains a detailed outline of what has been done by Applicant during the diligence period toward or for

completion of the appropriation and application of the conditional water rights to beneficial use as decreed, including expenditures.

Integrated system: Applicant requests that the water rights/structures are each component parts of Applicant’s integrated municipal

water supply system within the meaning of C.R.S. §37-92-301. (10 pages with exhibits).






81601.






17CW3077 GARFIELD COUNTY; JACKSON GULCH, DIVIDE CREEK, COLORADO RIVER. Barry Stout, 2000 Baldy

Creek Road, New Castle, CO 81647, c/o Ryan M. Jarvis, Beattie, Chadwick & Houpt, LLP, 932 Cooper Avenue, Glenwood Springs,

CO 81601 and Vanguard Operating, LLC, 5487 San Felipe, Suite 3000, Houston, TX 77057, c/o Michael J. Sawyer, Karp Neu

Hanlon, P.C., P.O. Drawer 2030, Glenwood Springs, CO 81602. Application for Finding of Reasonable Diligence. First Claim:

Finding of Reasonable Diligence for Surface Water Right. Sadie Ditch. Date of original decree: April 2, 1996, Case No.

94CW313, Water Division No. 5. Subsequent decrees: Case Nos. 02CW99 and 10CW17, Water Division No. 5. Location:

SE1/4SE1/4, Sec. 35, Twp. 6 S, Rng. 91 W, 6th P.M., approximately 1,000 feet west of the East Section line and approximately 75

feet north of the South Section line of said Sec. 35. Source: Jackson Gulch, tributary to Divide Creek, tributary to Colorado River.

Appropriation date: December 21, 1994. Amount and use: 2.0 c.f.s., conditional, for irrigation purposes; 0.3 c.f.s. conditional, for

domestic use. The Decree in Case No. 02CW99 confirmed that 0.3 c.f.s. had been made absolute for stock watering purposes. Name

of owner of land on which structure is located: Applicant Barry Stout. Diligence activities: The Application contains a detailed

outline of what has been done by Applicant during the diligence period toward or for completion of the appropriation and application

of the conditional water rights to beneficial use as decreed, including expenditures. (7 pages with exhibits)






81601.






17CW3078 GARFIELD COUNTY, COLORADO. SOURCE: GROUNDWATER TRIBUTARY TO THE COLORADO

RIVER AND THE COLORADO RIVER. Applicant: Rock Gardens Mobile Home Park & Campground, LLC, c/o Christopher L.

Geiger, Esq., Eric M. Theile, Esq., Balcomb & Green, P.C., Post Office Drawer 790, Glenwood Springs, CO 81602. This Application

requests a finding of reasonable diligence in the development of the Rock Gardens Wells No. 1, 2 and 3 and a determination

that the Applicant has exercised reasonable diligence in the development of these conditional water rights. Rock Gardens Well

No. 1.: Original Decree: 2/6/1986, in Case No. 83CW380, Dist. C. Water Div. No. 5. Subsequent Decrees: 5/31/1989, Case No.

88CW435; 8/26/1997, Case No. 95CW69; 12/23/2003, Case No. 02CW49; 4/3/2011, Case No. 09CW179; Dist. C. Water Div. No. 5.

Legal Description: The decreed point of diversion is in the NW1/4 of the SE1/4, Sec. 2, T. 6 S., R. 89 W. in the 6th

P.M. at a point

1,975 ft. from the S. sec. line and 2,350 ft. from the E. sec. line of said Sec. 2. Approp. Date: 12/21/1983. Amt.: 0.06 c.f.s. (28.3

g.p.m.), abs., 0.05 c.f.s. (21.7 g.p.m.), cond. Use: Domestic, irrigation and commercial. Rock Gardens Well No. 2.: Original Decree:

12/23/2003, Case No. 02CW49, Dist. C. Water Div.No. 5. Subsequent Decree: 4/3/2011, Case No. 09CW179 Dist. C. Water Div. No.

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5. Legal Description: The decreed point of diversion is in the NW1/4 of the SE1/4, Sec. 2 T. 6 S., R. 89 W.in the 6th

P.M. at a point

2,368 ft. W. of the E. sec. line and ft. 2,153 N. of the S. sec. line of said Sec. 2. Approp. Date: 2/1/2002. Amt.: 0.066 c.f.s. (30 g.p.m.),

abs., and 0.044 c.f.s. (20 g.p.m.), cond. Use: Domestic, irrigation and commercial purposes within the Rock Gardens Campground

and Mobile Home Park. Rock Gardens Well No. 3. Original Decree: 12/23/2003, Case No. 02CW49, Dist. C. Water Div. No. 5.

Subsequent Decree: 4/3/2011, Case No. 09CW179 Dist. C. Water Div. No. 5. Legal Description: The decreed point of diversion is in

the SW1/4 of the SE1/4, Sec. 2, T. 6 S., R. 89 W. in the 6th

P.M. at a point 1,129 ft. N. of the S. sec. line and 1,534 ft. W. of the E. sec.

line of said Sec. 2. Approp. Date: 2/1/2002. Amt.: 0.22 c.f.s. (100 g.p.m.), cond. Use: Domestic, irrigation and commercial purposes

within the Rock Gardens Campground and Mobile Home Park. Name and Address of owner of land on which point of diversion and

place of use are located: Applicant. A detailed outline of what has been done towards completion or for completion of the

appropriation and application of water to a beneficial use as conditionally decreed, including expenditures is included in the

Application on file with the water court. (6 pgs., 1 Ex.)






81601.





must appear to object and protest within the time provided by statute, or be forever barred. 17CW3079 GARFIELD COUNTY, ROARING FORK & COLORADO RIVERS. Application for Finding of Reasonable

Diligence and to Make Absolute. Oak Meadows Water Association Inc. c/o Kelcey Nichols of Wood Nichols LLC, 201 Main St, Ste

305, Carbondale, 970-963-3800, & Peter Nichols of Berg, Hill, Greenleaf & Ruscitti LLP, 1712 Pearl St, Boulder, 303-402-1600, Oak

Meadows Service Company c/o Jeff Houpt & Ryan Jarvis of Beattie, Chadwick & Houpt LLP, 932 Cooper Ave, Glenwood Springs,

970-945-8659. Four Mile Creek Well No. 1, Well Permit No. 048898-F. Original decree entered on 05/01/97 in 92CW350;

subsequent decrees entered in 03CW086 & 10CW091. Location: At a point in the SW¼SE¼, Sec 15, T 7 S, R 89 W 6th PM, 502 ft N

of S line & 3,769 ft E of W line of said Sec 15, Garfield County, Colo. Source: Groundwater trib to Four Mile Creek, trib to Roaring

Fork & Colo Rivers. Appropriation date: 10/05/92. Amounts & uses: 50 gpm, total; 35 gpm previously made absolute for domestic &

irrigation uses; 15 gpm remains conditional for domestic & irrigation uses. Application requests that remaining 15 gpm be made

absolute for domestic & irrigation. Water applied to use in Oak Meadows subdivision, located within Sec 15; NE¼ Sec 21; NE ¼ &

NW ¼ Sec 22, all in T 7 S, R 89 W 6th

PM. The Application on file with the court includes a list of activities demonstrating diligence.

Owner of land: Oak Meadows Development Corporation, PO Box 2115, Glenwood Springs, CO 81602. (7 pages)






81601.






17CW3080 PITKIN COUNTY. SNOWMASS CREEK. Torjus Lundevall Revocable Trust U/A dated November 22, 2006, as

Amended and Jessica Lundevall Revocable Trust U/A dated November 22, 2006, as Amended, c/o Rhonda J. Bazil, P.C., Rhonda J.

Bazil, Esq., 420 E. Main Street, Suite 240, Aspen, CO 81611, (970) 925-7171. APPLICATION FOR FINDING OF REASONABLE

DILIGENCE. FIRST CLAIM: FOR FINDING OF REASONABLE DILIGENCE. Name of structure: Bradtke Spring. Type:

Spring. Description of conditional water right: Date, Case No. and Court of original decree: June 17, 1983; 83CW24, District Court,

Water Division No. 5. Subsequent diligence decrees: 87CW120, October 13, 1987; 91CW065, November 1, 1991; 97CW130,

September 11, 1997; 03CW210, June 21, 2004; and 10CW179, April 3, 2011. Decreed legal description: The Bradtke Spring is

located in the NW ¼, SE ¼ of Section 22, Township 9 South, Range 86 West of the 6th

P.M. at a point whence the Southeast Corner of

said NW ¼, SE ¼ of Section 22 bears S. 44º00’ E. 890 feet. UTM coordinates: NAD 83, 13N. Northing: 4346765, Easting: 329182.

PLSS legal description: NW ¼ SE ¼, Section 22, Township 9 South, Range 86 West of the 6th

P.M. 1,934 feet from the South Section

line and 1,945 feet from the East Section line. Address: 305 Old Pond Way, Snowmass, CO 81654. Source: A spring tributary to

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Snowmass Creek, tributary to the Roaring Fork River, tributary to the Colorado River. Appropriation date: November 1, 1982.

Amount: 0.034 c.f.s., conditional, for domestic purposes and 0.017 c.f.s., conditional, for irrigation purposes. Uses: Domestic and

irrigation purposes. Diligence activities: On file with the Court. Applicants own the land upon which the Bradtke Spring is located and

upon which the water is used. SECOND CLAIM: FOR FINDING OF REASONABLE DILIGENCE. Name of structure: Bradtke

Pond. Type: Pond. Description of conditional water right: Date, Case No. and Court of original decree: June 17, 1983, 83CW24,

District Court, Water Division No. 5. List all subsequent diligence decrees: 87CW120, October 13, 1987; 91CW065, November 1,

1991; 97CW130, September 11, 1997; 03CW210, June 21, 2004; and 10CW179, April 3, 2011. Decreed legal description: The

Bradtke Pond is located in the NW ¼, SE ¼ of Section 22, Township 9 South, Range 86 West of the 6th

P.M. at a point whence the

Southeast Corner of said NW ¼, SE ¼ of Section 22 bears S. 85º00’ E. 660 feet. UTM coordinates: NAD 83, 13N. Northing:

4346587, Easting: 329169. PLSS legal description: NW ¼ SE ¼, Section 22, Township 9 South, Range 86 West of the 6th

P.M. 1,352

feet from the South Section line and 1,987 feet from the East Section line. Property address: 305 Old Pond Way, Snowmass, CO

81654. Source: Runoff and seepage tributary to Snowmass Creek, tributary to the Roaring Fork River, tributary to the Colorado River.

Appropriation date: November 1, 1982. Amount decreed: 2.0 acre-feet, conditional, for domestic purposes, and 1.9 acre-feet,

conditional, for irrigation purposes. Uses: Domestic and irrigation purposes. Diligence activities: On file with the Court. Applicants

own the land upon which the Bradtke Pond is located and upon which the water will be used.






81601.






17CW3081 GRAND COUNTY, RANCH CREEK AND LITTLE CABIN CREEK, WATER DISTRICT 5. Robert Fanch,

Devil’s Thumb Ranch, 1500 Wynkoop St., Suite 200, Denver, CO 80202, with a copy to: Garth Eichler, Devil’s Thumb Ranch, P.O.

Box 750, Tabernash, CO 80478, c/o Peter J. Ampe, Hill & Robbins, P.C., 1660 Lincoln St., Suite 2720, Denver, CO 80230, 303-296-

8100, [email protected]. Application to Make Absolute in Part and for Finding of Reasonable Diligence. Name of

structures: i. Devil’s Thumb Ranch Well No. 1. ii. Devil’s Thumb Ranch Well No. 3. iii. East Pond. iv. West Pond. Describe

conditional water right, as to each structure, giving the following from the Referee's Ruling and Judgment and Decree: A. Date of

Original Decrees: October 27, 2004, Case No. 03CW094 and April 4, 2011, Case No. 10CW264; both District Court, in and for

Water Division 5. B. Legal Descriptions: See, Generally Exhibit A. i. Devil’s Thumb Ranch Well No. 1, Permit No. 66165-F, is

located in the SW¼SE¼ of section 9, T.01S., R.75W. of the 6th

P.M. at a point whence the SE corner of said section 9 bears South

89°10’ East a distance of 2460 feet, also described as 76 feet from south section line, and 2462 feet from east section line of the said

section 9. ii. Devil’s Thumb Ranch Well No. 3, Permit No. 66164-F, is located in the NW¼NE¼ of section 16, T.01S., R.75W. of the

6th

P.M. at a point whence the NE corner of said section 16 bears North 77°35’ East a distance of 2249 feet, also described as 445 feet

from north section line, and 2204 feet from east section line of the said section 16. iii. East Pond, the spillway structure of which is

located in the NE¼NE¼ of section 16, T.01S., R.75W. of the 6th

P.M. at a point whence the NE corner of said section 16 bears North

35°35’08” East a distance of approximately 252.86 feet, also described as 203 feet from north section line, and 148 feet from east

section line of the said section 16. iv. West Pond, the center of which is located in the SW¼SE¼ of section 9, T.01S., R.75W. of the

6th

P.M. at a point whence the SE corner of said section 9 bears South 86°36’37” East a distance of approximately 2037.35 feet, also

described as 153 feet from south section line, and 2034 feet from east section line of the said section 9. C. Source: Water in or

tributary to Ranch Creek for Devil’s Thumb Ranch Well No. 1, Devil’s Thumb Ranch Well No. 3, and West Pond; Little Cabin Creek

for East Pond. Ranch Creek and Little Cabin Creek are tributaries of the Fraser River, a tributary of the Colorado River. D.

Appropriation Date: i. Devil’s Thumb Ranch Well No. 1, Devil’s Thumb Ranch Well No. 3, and West Pond: May 29, 2003; ii. East

Pond: October 1, 1999. E. Amount: i. Devil’s Thumb Ranch Well No. 1 and Devil’s Thumb Ranch Well No. 3: 15 g.p.m. Per the

Decree in 10CW264, this amount is limited to a total of 12.98 acre-feet annually for each well, provided that pumping by Devil’s

Thumb Ranch Well Nos. 1 and 3 shall not exceed a combined total of 12.98 are-feet per water year (November 1 through October 31).

ii. East Pond: 10.26 acre-feet, with right to fill and refill. iii. West Pond: 20 acre-feet, with right to fill and refill. F. Use: i. Devil’s

Thumb Ranch Well No. 1 and Devil’s Thumb Ranch Well No. 3: in-building domestic use for residences and resort, livestock

watering, and irrigation of up to one acre of lawn and gardens around buildings. ii. East Pond and West Pond: Augmentation,

recreation, piscatorial. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and

application of water to a beneficial use as conditionally decreed, including expenditures: A. During the diligence period, Applicant

expended over approximately $437,300 on engineering, construction and capital improvements associated with the structures to

which the conditional water rights are decreed and toward placing such conditional water rights to beneficial use. Such work and

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improvements included construction and/or improvements of the East and West Ponds, and additional construction of the water

distribution and control system, including installation of agridrains, pipelines and pumps and hydrants, for the decreed beneficial uses.

B. In addition, during the diligence period, Applicant also expended over $27,000,000 for substantial construction and capital

improvements necessary for the development of the property on which the subject water rights will be used. Request to make

absolute. Applicant requests the Court enter a finding making the 10.26 acre-feet conditionally decreed to the East Pond absolute,

with the right to fill and refill. Applicant filled the East Pond in 2013, released water for augmentation and was refilled. The East

Pond has also been used by guests of Devil’s Thumb Ranch for recreation and piscatorial purposes. Applicant additionally requests

the Court to enter a finding making the 20 acre-feet conditionally decreed to the West Pond absolute with the right to fill and refill.

Applicant filled the West Pond in 2013 and 2014 for recreation and piscatorial purposes by guests of Devil’s Thumb Ranch and made

augmentation releases in 2014. Applicant additionally requests the Court to enter a finding making 15 g.p.m and 6 acre-feet of the

12.98 acre-feet conditionally decreed to Devils Thumb Ranch Well No. 1 absolute. In 2012 Applicant diverted 6 acre-feet through

Well No. 1 under the 03CW094 decree prior to ceasing diversions due to high fluoride levels. Applicant additionally request the

Court to enter a finding making 15 g.p.m and 11.97 acre-feet of the 12.98 acre-feet conditionally decreed to Devils Thumb Ranch

Well No. 3 absolute. In 2014 Applicant diverted 11.97 acre-feet through Well No. 3 under the 03CW094 decree. Applicant also

diverted 5.99 acre-feet through Well No. 3 under the 12CW104 decree in 2014, but such decree is not at issue in this Application.

Request for finding of reasonable diligence. Applicant requests continued diligence for 6.98 acre-feet for Devils Thumb Ranch Well

No. 1 and 1.01 acre-feet for Devils Thumb Ranch Well No. 3, as subject to the limitation of a combined total of 12.98 acre-feet per

year contained in the 03CW094 Decree. In the alternative to the request in paragraph 5, above, Applicant requests the Court enter a

finding continuing diligence in the amounts set forth in paragraph 3.E. above. Names(s) and address(es) of owner(s) or reputed

owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is

or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: All structures

are located on land owned by Applicant.






81601.





must appear to object and protest within the time provided by statute, or be forever barred. 17CW3082 MESA COUNTY – PLATEAU CREEK; Linda McBride; c/o John R. Pierce, Dufford, Waldeck, Milburn & Krohn,

LLP, 744 Horizon Court, Suite 300, Grand Junction, CO 81506, (970) 248-5865; APPLICATION FOR FINDING OF

REASONABLE DILIGENCE, Name, mailing address, and telephone number of applicant: Linda McBride; 2866 C Road; Grand

Junction, CO 81503; (970) 260-5400; Request for finding of diligence: Name of structure: Learning Center Well; Describe conditional

water right: Original Decree: July 8, 2004; Case No. 02CW292; Division 5; Subsequent decrees awarding findings of diligence: April

3, 2011; Case No. 10CW194, Division 5; Legal description: NE1/4 SW1/4 of Section 22, T10S, R96W, 6th P.M., 2,400 feet east of

the west section line and 2,500 feet north of the south section line; Source of water: Groundwater tributary to Spring Creek, tributary

to the Plateau Creek drainage, tributary to the Colorado River; Appropriation Date: November 13, 2002; Amount: 9 g.p.m. (0.02

c.f.s.). Annual diversions do not exceed 2.06 acre-feet; Use: In-house domestic and commercial uses associated with the camp and fire

protection; Depth: The approximate total depth of the well is 124 feet; Outline of work toward completion or for completion of the

appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: Applicant has repaired and

replaced damaged sections of pipeline from the well, as well as installed new sections of pipeline to deliver water from the well to the

future location of the bath house. Applicant has installed a hydrant on the end of that pipeline so that it will be available for fire

protection. Additionally, Applicant has contacted Mesa County to confirm sufficiency of existing percolation test conducted at site of

septic system for the employee housing facility and outdoor meeting area. (4 pages)






81601.



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17CW3083 (08CW177) GARFIELD COUNTY, THREE MILE CREEK, TRIB. TO THE ROARING FORK RIVER. Application for Findings of Reasonable Diligence. Applicants: Toothache Spring LLC, Robert W. Bershenyi Living Trust, and A & K

Black Diamond Mine, LLC, 920 Hemlock Way, Broomfield, CO 80020, c/o Garfield & Hecht, P.C., 901 Grand Avenue, Suite 201,

Glenwood Springs, CO 81601, (970)947-1936. Name of structure: Bershenyi Spring No. 4 Upper. Point of Diversion: Bershenyi

Spring No. 4 Upper is located in the NW1/4 of the SW1/4 of Section 5, Township 7 South, Range 89 West of the 6th

P.M., at a point

approximately 1,440 feet from the South section line and 1,145 feet from the West section line of said Section 5. Source: Surface

spring tributary to Three Mile Creek, tributary to the Roaring Fork River, tributary to the Colorado River. Date of appropriation:

November 26, 2008. Amount: 0.056 c.f.s. (25 g.p.m.), conditional. Uses: Domestic uses for one single-family dwelling, stock watering

for approximately 50 animal units, and wildlife watering. Name of structure: Bershenyi Spring No. 5 Upper. Point of Diversion:

Bershenyi Spring No. 5 Upper is located in the SW1/4 of the SW1/4 of Section 5, Township 7 South, Range 89 West of the 6th

P.M.,

at a point approximately 680 feet from the South section line and 695 feet from the West section line of said Section 5. Source:

Surface spring tributary to Three Mile Creek, tributary to the Roaring Fork River, tributary to the Colorado River. Date of

appropriation: November 26, 2008. Amount: 0.25 c.f.s., conditional. Uses: Stock watering for approximately 50 animal units and

wildlife watering. Name of Structure: Bershenyi Spring No. 6 Upper. Point of Diversion: Bershenyi Spring No. 6 Upper is located in

the SW1/4 of the NW1/4 of Section 8, Township 7 South, Range 89 West of the 6th

P.M., at a point approximately 1,370 feet from the

North section line and 450 feet from the West section line of said Section 8. Source: Surface spring tributary to Three Mile Creek,

tributary to the Roaring Fork River, tributary to the Colorado River. Date of appropriation: November 26, 2008. Amount: 0.75 c.f.s.,

conditional. Uses: Stock watering for approximately 50 animal units and wildlife watering. Name of structure: Bershenyi Spring No. 7

Upper. Point of Diversion: Bershenyi Spring No. 7 Upper is located in the NE1/4 of the SW1/4 of Section 8, Township 7 South,

Range 89 West of the 6th

P.M., at a point approximately 1,770 feet from the South section line and 2,355 feet from the West section

line of said Section 8. Source: Surface spring tributary to Three Mile Creek, tributary to the Roaring Fork River, tributary to the

Colorado River. Date of appropriation: November 26, 2008. Amount: 1.5 c.f.s., conditional. Uses: Domestic uses for one single-family

dwelling, irrigation of 20 acres, stock watering for approximately 50 animal units, fish culture and pond maintenance flows for the

Bershenyi Reservoir, and wildlife watering. A location map of the Bershenyi Spring Nos. 4-7 Upper is included with the Application

as Exhibit A. Integrated System. The water rights for Bershenyi Spring Nos. 4-7 Upper form an integrated water supply system

pursuant to C.R.S. 37-92-301(4)(b), such that work on any one feature of the system shall be considered in finding that reasonable

diligence has been shown in the development of water rights for all features of the system as a whole. Claim for Findings of

Reasonable Diligence. The Application contains a detailed description of what has been done toward or for completion of the

appropriations and application of water to beneficial use as conditionally decreed, including expenditures. Name and address of the

owner or reputed owner 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: Applicants. Applicants request the Court to enter a decree finding and concluding that the Applicants have shown reasonable

diligence in the development of the conditional water rights set forth herein and continuing such conditional water rights throughout

the next diligence period.






81601.






17CW3084 GRAND COUNTY; WILLIAMS FORK RIVER, COLORADO RIVER. Bruchez and Sons, LLC, P.O. Box 1359,

Kremmling, CO 80459. Please direct all correspondence concerning this Application to: Paul Zilis, Esq. and Andrea Kehrl, Esq.,

Vranesh and Raisch, LLP, 1720 14th St., Suite 200, Boulder, CO 80302. APPLICATION FOR FINDING OF REASONABLE

DILIGENCE. Names of structures: A. Big Lake Ditch; B. Wolff Spring No. 1; C. Wolff Spring No. 2; D. Wolff Spring No. 3; E.

Reeder Creek Spring No. 1; F. Reeder Creek Spring No. 2; G. Hidden Meadow Spring No. 1; H. Hidden Meadow Spring No. 2; I.

Hidden Meadow Spring No. 3; J. The conditional water rights decreed to the nine structures listed above are referred to collectively as

the “Subject Conditional Water Rights.” Description of Subject Conditional Water Rights: A. Date of original decree: Case No.

01CW343, State of Colorado, District Court, Water Division No. 5, entered on August 30, 2004. B Subsequent decrees awarding

findings of reasonable diligence: Case No. 10CW213, State of Colorado, District Court, Water Division No. 5, entered on April 3,

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2011. C. Legal descriptions of the structures: 1. Big Lake Ditch is located at a point whence the West 1/4 corner of Section 7,

Township 1 South, Range 78 West, 6th P.M., bears North 7554' West, 2,148 feet. The point of diversion can further be described as

being located at a point approximately 1,056 feet North of the South line and 2,112 feet West of the East line of said Section 7. 2.

Wolff Spring No. 1 is located in the SW 1/4 SW 1/4 of Section 20, Township 1 North, Range 79 West, 6th P.M., at a point

approximately 1,251 feet North of the South line and 877 feet East of the West line of said Section 20. 3. Wolff Spring No. 2 is

located in the SW 1/4 SW 1/4 of Section 20, Township 1 North, Range 79 West, 6th P.M., at a point approximately 1,121 feet North

of the South line and 1,190 feet East of the West line of said Section 20. 4. Wolff Spring No. 3 is located in the SW 1/4 SW 1/4 of

Section 20, Township 1 North, Range 79 West, 6th P.M., at a point approximately 774 feet North of the South line and 1,548 East of

the West line of said Section 20. 5. Reeder Creek Spring No. 1 is located in the NW 1/4 NW 1/4 of Section 5, Township 1 South,

Range 79 West, 6th P.M., at a point approximately 655 feet South of the North line and 729 feet East of the West line of said Section

5. 6. Reeder Creek Spring No. 2 is located in the NW 1/4 NW 1/4 of Section 5, Township 1 South, Range 79 West, 6th P.M., at a

point approximately 766 feet South of the North line and 638 feet East of the West line of said Section 5. 7. Hidden Meadow Spring

No. 1 is located in the NW 1/4 NE 1/4 of Section 28, Township 1 North, Range 79 West, 6th P.M., at a point approximately 165 feet

South of the North line and 2,060 feet West of the East line of said Section 28. 8. Hidden Meadow Spring No. 2 is located in the SW

1/4 NE 1/4 of Section 28, Township 1 North, Range 79 West, 6th P.M., at a point approximately 1,445 feet South of the North line

and 1,887 feet West of the East line of said Section 28. 9. Hidden Meadow Spring No. 3 is located in the SW 1/4 NE 1/4 of Section

28, Township 1 North, Range 79 West, 6th P.M., at a point approximately 1,987 feet South of the North Line and 1,898 feet West of

the East line of said Section 28. 10. The structures listed above are depicted on the map attached to the Application as Exhibit 1. D.

Sources of water: 1. Big Lake Ditch: Williams Fork River, 2. Wolff Spring Nos. 1, 2, and 3; Reeder Creek Springs Nos. 1 and 2; and

Hidden Meadow Springs Nos. 1, 2, and 3 are all springs tributary to Reeder Creek, which is tributary to the Colorado River. E. Date

of appropriation and amounts: December 20, 2001. The respective amounts follow: 1. Big Lake Ditch: 85 cfs, conditional. 2. Wolff

Spring No. 1: 2 cfs, conditional. 3. Wolff Spring No. 2: 2 cfs, conditional. 4. Wolff Spring No. 3: 2 cfs, conditional. 5. Reeder

Creek Spring No. 1: 2 cfs, conditional. 6. Reeder Creek Spring No. 2: 2 cfs, conditional. 7. Hidden Meadow Spring No. 1: 2 cfs,

conditional. 8. Hidden Meadow Spring No. 2: 2 cfs, conditional. 9. Hidden Meadow Spring No. 3: 2 cfs, conditional. F. Uses:

Big Lake Ditch; Reeder Creek Springs Nos. 1 and 2; and Hidden Meadow Springs Nos. 1, 2, and 3 will be used for irrigation,

livestock watering, and storage. Wolff Spring Nos. 1, 2, and 3 will be used for livestock watering and storage. G. Depth (if well):

N/A. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of

water to beneficial use as conditionally decreed, including expenditures, during the previous diligence period: A. As decreed in Case

No. 10CW213, the Subject Conditional Water Rights are part of an integrated system that provides irrigation water to approximately

907 acres and water for livestock. Applicant has expended in excess of $180,000 on the integrated system during the diligence period

on numerous components, including but not limited to diversion boxes, pipe, and ditch improvements. During the diligence period,

Applicant has also utilized the Big Lake Ditch structure to deliver leased water from Denver Water in its integrated system. B. The

City and County of Denver (“Denver Water”) owns other, separate priorities under the Big Lake Ditch: priority numbers 133 and 143,

with appropriation dates of February 6, 1903 and September 1, 1904, respectively. During every year of the diligence period,

Applicant has held a lease-back agreement with Denver Water for Denver Water’s portion of those Big Lake Ditch priorities. C. Also

pertaining to Applicant’s partnership with Denver Water, during the diligence period, Denver Water and Grand County commissioned

a joint study, known as “the Big Lake Ditch Study,” as partial fulfillment of the terms of the Colorado River Cooperative Agreement

(“CRCA”) and to evaluate various alternatives for future operations of Denver Water’s Big Lake Ditch interests. The Big Lake Ditch

Study is intended to evaluate historic and future ditch operations and to seek a balance of the objectives defined in the CRCA. The

Big Lake Ditch Study will evaluate how to maintain the historic agricultural uses of the Big Lake Ditch, including irrigation of

Applicant’s land, in order to maximize the environmental benefits, while substantially preserving the historic yield for Denver Water.

If the Big Lake Ditch Study identifies how to achieve that balance, then Denver Water will implement the recommendations from the

Big Lake Ditch Study beginning with the year the Moffat Project becomes operational. The implementation of the Big Lake Ditch

Study is likely to significantly impact the Subject Conditional Water Rights. D. A measuring device was installed by Denver Water in

cooperation with the Colorado Division of Water Resources at the headgate of the Big Lake Ditch during the diligence period. In

addition, there is an existing measuring device at the location where the Big Lake Ditch enters Applicant’s property. Applicant

originally intended to install additional measuring devices on Big Lake Ditch and the Springs subject hereto during this diligence

period, as indicated in the prior diligence case, Case No. 10CW213. However, Applicant requires more specific information from the

Big Lake Ditch Study to determine the correct location and type of those measuring devices in light of the anticipated, significant

operational changes to the Big Lake Ditch system. This delay in installing additional measuring devices has not delayed diligence on

the entire integrated system. “The question of diligence must be determined in the light of all factors present in a particular case,

including [for instance] the size and complexity of the project; … the availability of materials, labor and equipment; … and the

intervention of outside delaying factors.” Colorado River Water Conservation Dist. v. Twin Lakes Reservoir and Canal Co., 506 P.2d

1226, 1227-28 (Colo. 1973). “As long as a water system as a whole is being completed with due diligence, the fact that a small part of

it is slow to progress is inconsequential.” Id. E. During the diligence period, Applicant also expended significant legal fees to

monitor Water Court applications in Water Division No. 5, in order to protect its water rights, and to develop and pursue the water

rights subject to this Application. F. A map of the lands irrigated by the Subject Conditional Water Rights is attached to the

Application as Exhibit 2. If claim to make absolute: N/A. Names and addresses of owners or reputed owners of the land upon which

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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: All structures are located on lands owned by

Applicant except Reeder Creek Springs Nos. 1 and 2. The owner of the land on which Reeder Creek Springs Nos. 1 and 2 are located

follows: Bureau of Land Management (“BLM”), P.O. Box 68, Kremmling, CO 80459. Remarks or other pertinent information: A.

Reeder Creek Springs Nos. 1 and 2 are located on public lands managed by the BLM. Pursuant to the Decree entered in Case No.

02CW52, the BLM has water rights in Reeder Creek Springs Nos. 1 and 2 in the amount of 0.0340 cfs, absolute, each, with

appropriation dates that are senior to the Subject Conditional Water Rights. These two springs are currently intercepted by and flow

into the Big Lake Ditch, which then carries the intercepted flows to Applicant’s land. Applicant does not intend to develop the springs

to increase their flow. Rather, diversions from these springs will continue to be accomplished by allowing their natural flow to be

intercepted by the Big Lake Ditch. B. This Application does not seek any right for Applicant for any other water right decreed to the

Big Lake Ditch except those decreed in Case No. 01CW343. That Decree did not grant to Applicant any rights to those water rights

previously decreed to the Big Lake Ditch and leased to Applicant pursuant to its contract with the City and County of Denver, acting

by and through its Board of Water Commissioners.






81601.






17CW3085 MESA COUNTY - COLORADO RIVER; HT, LLC; c/o John R. Pierce, Dufford, Waldeck, Milburn & Krohn, LLP,

744 Horizon Court, Suite 300, Grand Junction, CO 81506, (970) 248-5865; APPLICATION FOR ALTERNATE POINT OF

DIVERSION; Applicant’s name, address, and telephone number: HT, LLC; 1150 River Drive; Aspen, CO 81611; (970) 920-3619;

Background information: Applicant owns the Hurlburt Ditch Pump water right, which is decreed to divert from the Colorado River

using a pump adjudicated in 1941. Applicant also owns a water right in the HT Pit Well Pump Station, which was adjudicated in 2009.

Due to changes in river conditions it has become labor intensive to operate the Hurlburt Ditch Pump and Applicant requests the right

to use the HT Pit Well Pump Station as an alternate point of diversion for the Hurlburt Ditch Pump water right; Request for alternate

Point of Diversion: Decreed water right for which change is sought: Name of structure: Hurlburt Ditch Pump; Original and subsequent

decrees: Case Nos. CA5812 and 96CW299; Legal description of structure from most recent decree: A point located on the North bank

of the Colorado River in the NE1/4 SE1/4, 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 0° East a distance of 3,150 feet; Decreed source: Colorado River;

Appropriation date: May 15, 1914; Amount: 1.56 c.f.s., absolute; Decreed use: Irrigation; Amount of water that Applicant intends to

change: 1.56 c.f.s., absolute; Description of proposed change: Applicant seeks to add the HT Pit Well Pump Station as an alternate

point of diversion for the Hurlburt Ditch Pump. A summary of the diversion records for the Hurlburt Ditch Pump, including the

average number of acre-feet diverted each month is attached as Exhibit B. Monthly diversions from the HT Pit Well Pump Station

under the Hurlburt Ditch Pump right will not exceed the historical monthly volumetric average of diversions shown in Exhibit B. Any

diversions which exceed the decreed amounts for the HT Pit Well Pump Station will occur in priority under the HT Pit Well Pump

Station water right in accordance with its decree. The HT Pit Well is located more than 100 feet from the Colorado River, and

pumping from the pit does not have an instantaneous impact on the River. Those lagged depletions were quantified in the decree in

Case No. 09CW195; Legal description of alternate point of diversion: 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. (UTM coordinates: 170544.312 Easting,

4342606.897 Northing, Zone 13.) (4 pages)






81601.




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17CW3086 (95CW336, 03CW121, 10CW173) GARFIELD COUNTY – MIDDLE FORK OF RIFLE CREEK, TRIBUTARY

TO THE COLORADO RIVER. Puma Paw, LLC, c/o Paul L. Noto, Esq. and Danielle L. Van Arsdale, Esq., Patrick, Miller & Noto,

P.C., 197 Prospector Road, Ste. 2104A, Aspen, CO 81611 (970) 920-1030. APPLICATION FOR FINDING OF REASONABLE

DILIGENCE. First Claim: Puma Paw Spring. Date of original decree: June 9, 1997. Case No. 95CW336, Division 5 Water Court.

Subsequent decrees: June 21, 2004, Case No. 03CW121; April 3, 2011, Case No. 10CW173. Legal: SE¼, NE¼, NE¼ of Section 24,

Township 4 South, Range 93 West of the 6th

P.M., approximately 625 feet from the East Section line and 925 feet from the North

Section line. Map is on file with the court as Exhibit A. Source: Middle Fork of Rifle Creek, tributary to the Colorado River.

Appropriation date: May 14, 1994. Amount: 0. 3 c.f.s. (135 g.p.m.) conditional. Use: Domestic, commercial and manufacturing,

including commercial use for the production of bottled water. Description of work done towards appropriation: Applicant installed a

pipe from the Puma Paw Spring which will better allow its use for its intended and decreed purposes. Applicant also installed and

cleaned a ditch from the spring to allow for safe drainage when necessary. Applicant engaged the services of Patrick, Miller & Noto,

P.C. to monitor and advise of new water rights applications which could cause injury to the subject water right. Applicant owns the

land on which the above water right is used.






81601.






17CW3087(10CW144) (98CW300) DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO, IN THE MATTER

OF THE APPLICATION FOR FINDING OF REASONABLE DILIGENCE OF M.R. LOOKOUT, LLC; J.D. LOOKOUT, LLC;

FLYING FINGER LLC; AND CAROLINE APTS. CO. IN GARFIELD COUNTY, COLORADO. APPLICATION FOR

FINDING OF REASONABLE DILIGENCE 1. Name and Address of Applicants: M.R. Lookout, LLC; J.D. Lookout, LLC;

Flying Finger LLC; and Caroline Apts. Co. (“Applicants”)c/o Mr. Tom Warren, 5151 Collins Avenue, Suite 1727, Miami Beach, FL

33140. Direct all pleadings to: Kristin H. Moseley, Corina A. Hach, Porzak Browning & Bushong LLP, 2120 13th

Street, Boulder,

Colorado 80302. 2. Overview: By this Application, the Applicants seek a finding of a reasonable diligence on the water rights

associated with the Lookout Mountain Ranch Development. 3. Description of the Storage Water Rights: 3.1 Lookout Mountain

Ranch Pond No. 1. A. Original Decree: Lookout Mountain Ranch Pond No. 1 was decreed by the District Court in and for Water

Division No. 5 in Case No. 98CW300, dated May 19, 2004. B. Diligence Decree: A subsequent decree awarding a finding of

reasonable diligence was awarded in Case No. 10CW144, entered April 3, 2011. C. Decreed Location: The center of the dam for Pond

No. 1 is located in the NW 1/4 of the NE 1/4 of Section 23, T. 6 S., R. 89 W. of the 6th P.M. at a point 1675 feet from the East Section

line and 290 feet from the North Section line. D. Source: Red Canyon Creek, tributary to the Roaring Fork River, tributary to

the Colorado River via diversions under the Red Ditch Pump and Pipeline First Enlargement. E. Appropriation Date: December

31, 1998. F. Amount: 17.8 acre-feet, conditional. G. Uses: Domestic, augmentation, storage, irrigation, and fill and refill. 3.2 Lookout

Mountain Ranch Pond No. 2. A. Original Decree: Lookout Mountain Ranch Pond No. 2 was decreed by the District Court in and for

Water Division No. 5 in Case No. 98CW300, dated May 19, 2004. B. Diligence Decree: A subsequent decree awarding a finding of


No. 2 is located in the SE 1/4 of the NW 1/4 of Section 24, T.6 S., R 89 W. of the 6th P.M. at a point 2300 feet from the West Section

line and 1800 feet from the North Section line. D. Source: Red Canyon Creek, tributary to the Roaring Fork River, tributary to the

Colorado River via diversions under the Red Ditch Pump and Pipeline First Enlargement. E. Appropriation Date: December 31, 1998.

F. Amount: 6.7 acre-feet, conditional. G. Uses: Domestic, augmentation, storage, irrigation, and fill and refill. 3.3 Lookout Mountain




No. 3 is located in the NE 1/4 of the SE 1/4 of Section 23, T.6 S., R. 89 W. of the 6th P.M. at a point 585 feet from the East Section

line and 2450 feet from the South Section line. D. Source: Red Canyon Creek, tributary to the Roaring Fork River, tributary to the





APRIL 2017 RESUME



No. 4 is located in the NE 1/4 of the SE 1/4 of Section 23, T.6 S., R. 89 W. of the 6th P.M. at a point 1010 feet from the East Section



F. Amount: 7.0 acre-feet, conditional. G. Uses: Domestic, augmentation, storage, irrigation, and fill and refill. 3.5 Lookout

Mountain Ranch Pond No. 5. A. Original Decree: Lookout Mountain Ranch Pond No. 5 was decreed by the District Court in and for

Water Division No. 5 in Case No. 98CW300, dated May 19, 2004. B. Diligence Decree: A subsequent decree awarding a finding of


No. 5 is located in the NW 1/4 of the SE 1/4 of Section 23, T.6 S., R 89 W. of the 6th P.M. at a point 1525 feet from the East Section







No. 6 is located in the NW 1/4 of the SE 1/4 of Section 23, T. 6 S., R. 89 W. of the 6th P.M. at a point 1970 feet from the East Section







No. 7 is located in the NW 1/4 of the SE 1/4 of Section 23, T. 6 S., R. 89 W. of the 6th P.M. at a point 2280 feet from the East Section






reasonable diligence was awarded in Case No. 10CW144, entered April 3, 2011. C. Decreed Location: Pursuant to the change in legal

description decreed in Case No. 11CW2, the center of the dam for Pond No. 8 is located in the SW 1/4 of the SE 1/4 of Section 23, T.

6 S., R. 89 W. of the 6th P.M. at a point 1,775 feet from the East Section line and 1,249 feet from the South Section line. D. Source:

Red Canyon Creek, tributary to the Roaring Fork River, tributary to the Colorado River via diversions under the Red Ditch Pump and

Pipeline First Enlargement. E. Appropriation Date: December 31, 1998. F. Amount: 4.3 acre-feet, conditional. G. Uses: Domestic,

augmentation, storage, irrigation, and fill and refill. 5. Description of the Surface Water Right: A. Original Decree: The Red Ditch

Pump and Pipeline, First Enlargement was decreed by the District Court in and for Water Division No. 5 in Case No. 98CW300, dated

May 19, 2004. B. Diligence Decree: A subsequent decree awarding a finding of reasonable diligence was awarded in Case No.

10CW144, entered April 3, 2011. C. Decreed Location: Pursuant to the change in legal description decreed in Case No. 11CW2, the

point of diversion for the Red Ditch Pump and Pipeline, First Enlargement is in the SE 1/4 of the NE 1/4 of Section 24, T. 6 S., R. 89

W. of the 6th

P.M. at a point 1,103 feet from the East Section line and 2,677 feet from the South Section line. D. Source: Red Canyon

Creek, tributary to the Roaring Fork River and tributary to the Colorado River. E. Appropriation Date: December 31, 1998. F.

Amount: 3.0 c.f.s., conditional. G. Decreed Uses: Domestic, augmentation, storage, irrigation, and fill and refill of the Lookout

Mountain Ranch Pond Nos. 1-8. 6. Work Done to Complete Project and Apply Water to Beneficial Use: The subject water rights will

be an essential aspect of the water supply system for the Lookout Mountain Ranch, a development to be located in Garfield County,

Colorado. Development of the Ranch has been slowed due to unfavorable market conditions, however Applicants remain committed

to the project and will require all the decreed water rights to achieve the full development of the property. During the subject

diligence period since the final decree was entered in Case No. 10CW144, Applicants have undertaken the following specific activities

that demonstrate diligence with regard to the subject conditional rights: Applicants adjudicated a change in the location of the Red

Ditch Pump and Pipeline, First Enlargement and Pond No. 8 in Case No. 11CW2; Applicants adjudicated a change in the location of

the Red Ditch Pump and Pipeline in Case No. 13CW3017 and obtained a finding of reasonable diligence for same in Case No.

13CW3018; Applicants retained attorneys to oversee matters including water right issues arising from the purchase and development

of the Lookout Mountain Ranch; Applicants have paid annually for their water allotment contract from the Basalt Water Conservancy

District, and anticipate using the water service provided under this contract as the property is developed; Applicants have continued to

satisfy preconditions to developing Lookout Mountain Ranch including working with local governments on obtaining necessary

infrastructure approvals, investigating development strategies, and meeting with an engineering firm to move forward with roadway

studies and analysis. All of the above-described activities are necessary preconditions to apply the subject water rights to the beneficial

uses for which they are decreed. Applicants fully intend to develop and utilize the subject conditional water rights to the full decreed

amounts and have no intention of abandoning the subject water rights. 7. Ownership: Applicants M.R. Lookout, LLC; J.D. Lookout,

APRIL 2017 RESUME


LLC; Flying Finger LLC; and Caroline Apts. Co. own the land upon which the Lookout Mountain Ranch Pond Nos. 1-8 and the Red

Ditch Pump and Pipeline, First Enlargement are located. (8 pages + exhibits)






81601.






17CW3088(09CW6 )(01CW309)(93CW074) DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO.

CONCERNING THE APPLICATION FOR WATER RIGHTS OF: ELK WALLOW RANCH, LLC IN PITKIN COUNTY,

COLORADO. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. 1. Name, Address and Telephone Number of

Applicant: Elk Wallow Ranch, LLC (“Elk Wallow”) P.O. Box 7877, Aspen, CO 81612. Direct all pleadings to: Kristin H. Moseley,

Porzak Browning & Bushong LLP, 2120 13th

Street, Boulder, CO 80302, (303) 443-6800. 2. Overview: By this Application, Elk

Wallow seeks a finding of reasonable diligence on its conditional RWB Well water rights, as more specifically described below. 3.

Names of Structures: RWB Well Nos. 1 through 10. 4. Description of the Conditional Water Rights: A. Original Decree: On

December 15, 1995, in Case No. 93CW074, the District Court in and for Water Division No. 5, State of Colorado awarded conditional

water rights for the RWB Well Nos. 1 through 10. B. Diligence Decrees: Subsequent decrees awarding findings of reasonable

diligence were granted in Case No. 01CW309, entered January 9, 2003, and 09CW6, entered April 3, 2011. C. Decreed Location: Elk

Wallow intends to construct a well field consisting of up to ten (10) individual wells to be located within the property description

attached hereto as Exhibit A and serving home sites within The Reservoir at West Buttermilk, P.U.D. (the “P.U.D.”) situated wholly

within Pitkin County, Colorado. Except with respect to wells involved in Elk Wallow’s augmentation plan, Case No. 93CW080, no

well will be constructed within 600 feet of any well. The legal descriptions for the ten (10) individual wells to be located within the

property are as follows: i. RWB Well No. 1 is located in the SW¼ NE¼ of Section 9, Township 10 South, Range 85 West of the 6th

P.M. at a point 2,024’ from the North line and 3,674’ from the West line of said section 9. ii. RWB Well No. 2 is located in the SW¼

NE¼ of Section 9, Township 10 South, Range 85 West of the 6th

P.M. at a point 2,222’ from the North line and 3,647’ from the West

line of said Section 9. iii. RWB Well No. 3 is located in the NW¼ NE¼ of Section 9, Township 10 South, Range 85 West of the 6th

P.M. at a point 1,090’ from the North line and 3,847’ from the West line of said Section 9. iv. RWB Well No. 4 is located in the NW¼

NE¼ of Section 9, Township 10 South, Range 85 West of the 6th

P.M. at a point 1,303’ from the North line and 3,691’ from the West

line of said Section 9. v. RWB Well No. 5 is located in the SW¼ NE¼ of Section 9, Township 10 South, Range 85 West of the 6th

P.M. at a point 1,521’ from the North line and 3,370’ from the West line of said Section 9. vi. RWB Well No. 6 is located in the

NW¼ NE¼ of Section 9, Township 10 South, Range 85 West of the 6th

P.M. at a point 994’ from the North line and 3,519’ from the

West line of said Section 9. vii. RWB Well No. 7 is located in the NW¼ NE¼ of Section 9, Township 10 South, Range 85 West of the

6th

P.M. at a point 1,178’ from the North line and 2,721’ from the West line of said Section 9. viii. RWB Well No. 8 is located in the

NW¼ NE¼ of Section 9, Township 10 South, Range 85 West of the 6th

P.M. at a point 1,107’ from the North line and 3,022’ from the

West line of said Section 9. ix. RWB Well No. 9 is located in the NE¼ NW¼ of Section 9, Township 10 South, Range 85 West of the

6th

P.M. at a point 477’ from the North line and 1,980’ from the West line of said Section 9. x. RWB Well No. 10 is located in the

NE¼ NW¼ of Section 9, Township 10 South, Range 85 West of the 6th

P.M. at a point 173’ from the North line and 2,518’ from the

West line of said Section 9. A map denoting the above locations is attached hereto as Exhibit A. D. Source: Groundwater tributary

to Owl Creek, a tributary of the Roaring Fork River. E. Appropriation Date: May 28, 1992. F. Conditional Amount: 50 g.p.m. per

well. The annual diversions from any one, or combination, of the wells serving the P.U.D. shall be limited to no more than 7.047

acre-feet, the total delivery requirements provided in Table I of the plan for augmentation in Case No. 93CW080. G. Use: Irrigation,

domestic, and fire protection purposes. H. Acreage of Land to Be Irrigated: Up to a total of 1.15 acres of lawns and gardens

appurtenant to 10 single family homes within The Reservoir at West Buttermilk, P.U.D. I. Remarks: The RWB Well Nos. 1 through

10 must operate in accordance with the plan for augmentation decreed in Case No. 93CW80. Pursuant to Case No. 09CW6, upon

filing any application to make the conditional rights absolute, evidence must be submitted that that plan for augmentation decreed in

Case No. 93CW80 is operational. 5. Detailed Outline of Work Done to Complete Project and Apply Water to Beneficial Use: Elk

Wallow seeks a finding of reasonable diligence with regard to the RWB Wells described in paragraph 4 above. The subject rights

were decreed as component parts of an integrated water supply project in Case Nos. 93CW74, 01CW309, and 09CW6. Accordingly,

pursuant to C.R.S. § 37-92-301(4)(b), in determining reasonable diligence in the development of the conditional water rights, work on

one feature of the project shall be considered by the Court in finding that reasonable diligence has been shown in the development of

water rights for all features of the project. Evidence of Elk Wallow’s diligence includes, but is not limited to, the following: A. Elk

Wallow has taken steps toward bringing RWB Well No. 9 into administrative compliance so that it can legally supply water to two

APRIL 2017 RESUME


homes on the Elk Wallow property. Such steps include engaging Samuelson Pump Co., Inc., who will complete a well test to

determine the rate, volume, and pump capacity of the well, which will allow Elk Wallow to apply for a well permit to replace expired

Permit No. 51725-F; B. Elk Wallow has installed fiber optic cable pipelines and road improvements on the property; C. Elk Wallow

adjudicated an application for approval of a plan for augmentation and exchange in Case No. 14CW3168 for Marolt Reservoir and

Marolt Pond; D. Elk Wallow adjudicated a change in the point of diversion for the Hines Owl Creek Ditch and Hines Owl Creek Ditch

– First Enlargement water rights in Case No. 13CW3093; E. Elk Wallow obtained a finding that several of its water rights had been

made absolute and reasonable diligence had been applied to several more in Case No. 12CW153; F. Throughout the diligence period,

Elk Wallow has maintained and kept in good standing a water allotment contract through the Basalt Water Conservancy District

(Contract No. 222a) for use in the augmentation plan decreed in Case No. 93CW80; G. Elk Wallow engaged legal counsel to advise it

on water rights and monitor the monthly water court resume; and H. Explored options for drilling additional wells on the property with

Shelton Drilling Corp. and Resource Engineering, Inc. All of the foregoing work has been necessary and required to apply the subject

underground water rights to the beneficial uses for which they were decreed. Elk Wallow believes that it can and will complete the

appropriation on the remaining conditional subject water rights within a reasonable time. 6. Names and Addresses of Owners of Land

on Which Structures Are or Will Be Located, or upon Which Water Is or Will Be Placed to Beneficial Use: The structures are located

on land owned by Elk Wallow. (6 pages + exhibit)






81601.






17CW3089 GARFIELD COUNTY. MIDDLE FORK OF PARACHUTE CREEK, TRIBUTARY TO PARACHUTE CREEK,

TRIBUTARY TO THE COLORADO RIVER. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO

MAKE COND. WATER RIGHTS ABSOLUTE IN PART. Applicants: Encana Oil & Gas (USA) Inc. (“Encana”), c/o Moses,

Wittemyer, Harrison and Woodruff, P.C., 2595 Canyon Blvd., Suite 300, Boulder, CO 80302; 303-443-8782. Solvay Chemicals, Inc.

(“Solvay”), c/o Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602; 970-945-6546. Name of Structure:

Davenport Ditch.; Orig. Decree: Case No. 87CW302, entered 12/5/1989, in Dist. Court, Water Div. No. 5 (“87CW302 Decree”).

Subsequent Decrees Awarding Diligence: Case No. 95CW293, entered 9/17/1996 (“95CW293 Decree”); Case No. 02CW242, entered

3/1/2004 (“02CW242 Decree”); and Case No. 10CW95, entered 4/3/2011 (“10CW95 Decree”); all in Dist. Court, Water Div. No. 5.

Legal Description: Lot 4, Sec. 30, T. 5 S., R. 95 W., 6th P.M. at a pt. whence the N.W. corner of said Sec. 30 bears N. 04°15’54” W.,

a distance of 1,450.09 ft. The following add’l. legal description, which is included in the Findings of Fact in the 10CW95 Decree, is

approx. and is not intended to supersede or modify the decreed legal description: a pt. in the SW1/4 NW1/4, Sec. 30, T. 5 S., R. 95

W., 6th P.M. 1,440 ft. from the N. Sec. line and 40 ft. from the W. Sec. line. A map depicting the location of the Davenport Ditch is

attached as Exhibit A to app. Approp. Date: 3/21/1987. Amt.: 10 c.f.s., of which 4.8 c.f.s. is decreed absolute and 5.2 c.f.s. remains

cond. Use: Recharge of the alluvial aquifer underlying Encana’s lands known as the “Union Meadows.” The Union Meadows are

located generally in the SE1/4 of Sec. 25 and the NE1/4 of Sec. 36, T. 5 S., R. 96 W., 6th P.M.; and the SW1/4 of Sec. 30 and the

NW1/4 of Sec. 31, T. 5 S., R. 95 W., 6th P.M. The recharged water is diverted through six alluvial wells, as described in the

87CW302 Decree and known as the “Meadow Wells,” for ind., dom., mun., irr. and other uses, including storage for such purposes.

Name of Structure: W. Fork Ditch. Orig. Decree: The 87CW302 Decree. Legal Description: In the NW1/4 SE1/4 of Sec. 25, T. 5 S.,

R. 96 W., 6th P.M., on the N. bank of W. Fork Parachute Creek at a pt. whence the S. quarter corner of said Sec. 25 bears S. 2°30’03”

W. a distance of 2,098.33 ft. The following add’l. legal description, which is included in the Findings of Fact in the 10CW95 Decree,

is approx. and is not intended to supersede or modify the decreed legal description: a pt. in the NW1/4 SE1/4 Sec. 25, T. 5 S., R. 96

W. of the 6th P.M., 2,090 ft. from the S. Sec. line and 2,600 ft. from the E. Sec. line. A map depicting the location of the W. Fork

Ditch is attached as Exhibit A to app. Source: W. Fork of Parachute Creek, trib. to Parachute Creek, trib. to the Colorado River.

Approp. Date: 6/21/1989. Amt.: 10 c.f.s., of which 1.9 c.f.s. is decreed absolute and 8.1 c.f.s. remains cond. Use: Recharge of the

alluvial aquifer underlying Encana’s “Union Meadows,” as described above. The recharged water is diverted through the Meadow

Wells for ind., dom., mun., irr. and other uses, including storage for such purposes. A complete list of diligence activities and

expenditures is on file with this court. Claim to Make Absolute: Davenport Ditch: Date of diversion in priority and application to

beneficial use: 4/25/2017. Rate: 9.274 c.f.s. Use: Recharge of the alluvial aquifer underlying the Union Meadows. Place of

beneficial use: The Union Meadows, as described above. Evidence that diversion was made in priority: As shown by Div. of Water

Resources records posted online at http://www.dwr.state.co.us/CDSS/default.aspx?Dataset=Administrative%20Calls&Div=5, there

was no local call on Parachute Creek and no call on the mainstem of the Colorado River as of 4/25/2017. The flow rate claimed as

http://www.dwr.state.co.us/CDSS/default.aspx?Dataset=Administrative%20Calls&Div=5

APRIL 2017 RESUME


absolute was measured at 1.1 ft. on a 24-inch flume. Add’l. rate claimed as absolute: Based on Encana’s in-priority diversion at the

rate of 9.274 c.f.s. and subsequent application of the water to the Union Meadows to recharge the alluvial aquifer underlying the

meadows, Encana and Solvay claim an add’l. 4.474 c.f.s. of the Davenport Ditch water right absolute above the 4.8 c.f.s. previously

decreed as absolute, such that a total of 9.274 c.f.s. of the Davenport Ditch water right will be absolute, and 0.726 c.f.s. will remain

cond. W. Fork Ditch: Date of diversion in priority and application to beneficial use: 4/25/2017. Rate: 6.678 c.f.s. Use: Recharge of

the alluvial aquifer underlying the Union Meadows. Place of beneficial use: The Union Meadows, as described above. Evidence that

diversion was made in priority: As shown by Div. of Water Resources records posted online at

http://www.dwr.state.co.us/CDSS/default.aspx?Dataset=Administrative%20Calls&Div=5, there was no local call on Parachute Creek

and no call on the mainstem of the Colorado River as of 4/25/2017. The flow rate claimed as absolute was measured at .89 ft. on a 24-

inch flume. 5.2.6. Add’l. rate claimed as absolute: Based on Encana’s in-priority diversion at the rate of 6.678 c.f.s. and subsequent

application of the water to the Union Meadows to recharge the alluvial aquifer underlying the meadows, Encana and Solvay claim an

add’l. 4.778 c.f.s. of the W. Fork Ditch water right absolute above the 1.9 c.f.s. previously decreed as absolute, such that a total of

6.678 c.f.s. of the W. Fork Ditch water right will be absolute, and 3.322 c.f.s. will remain cond. (17 pgs.)






81601.






17CW3090 (09CW08)(01CW261)(93CW079) DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO. IN THE

MATTER OF THE APPLICATION FOR WATER RIGHTS OF ELK WALLOW RANCH, LLC IN PITKIN COUNTY,

COLORADO. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. 1. Name, Address and Telephone Number of

Applicant: Elk Wallow Ranch, LLC (“Elk Wallow”) P.O. Box 7877, Aspen, CO, 81612. Direct all pleadings to: Kristin H. Moseley,

Corina A. Hach, Porzak Browning & Bushong LLP, 2120 13th Street, Boulder, CO 80302, (303) 443-6800. 2. Overview: By this

Application, Elk Wallow seeks a finding of reasonable diligence on its conditional Hines Owl Creek Ditch, First Enlargement water

right, as more specifically described below. 3. Name of Structure: Hines Owl Creek Ditch, First Enlargement. 4. Description of

Conditional Water Right: A. Original decree: The Hines Owl Creek Ditch, First Enlargement water right was decreed by the District

Court in and for Water Division No. 5 on October 17, 1995, in Case No. 93CW079. B. Diligence Decrees: Subsequent decrees

awarding findings of reasonable diligence were granted in Case No. 01CW261, entered January 9, 2003 and Case No. 09CW08,

entered April 3, 2011. C. Decreed Location: Pursuant to the change decree issued in Case No. 13CW3093, the point of diversion for

the Hines Owl Creek Ditch, First Enlargement is in the SE¼ SW¼ of Section 9, Township 10 South, Ranch 85 West of the 6th

P.M. at

a point 1,178 feet from the South section line and 2,654 feet from the East section line of said Section 9. UTM(x) = Zone 13,

337031.5 meters; UTM(y) = 4339774.0 meters. A map depicting the location of the point of diversion is attached hereto as Exhibit A.

D. Source: Natural inflow from an unnamed tributary of Owl Creek, a tributary of the Roaring Fork and Colorado Rivers. E.

Appropriation Date: May 28, 1992. F. Conditional Amount: 2.0 c.f.s. G. Use: Domestic, irrigation, livestock watering, piscatorial,

fish propagation, and delivery of water into storage in the Marolt Reservoir and Marolt Pond structures. 5. Detailed Outline of Work

Done to Complete Project and Apply Water to Beneficial Use: The subject rights were decreed as component parts of an integrated

water supply project for The Reservoir at West Buttermilk PUD in Case Nos. 93CW79 and 01CW261. During the subject diligence

period, Elk Wallow undertook activities that demonstrate its diligence toward perfecting the subject conditional water rights,

including, but not limited to, the following: A. Elk Wallow adjudicated a change in the point of diversion for the Hines Owl Creek

Ditch and Hines Owl Creek Ditch – First Enlargement water rights in Case No. 13CW3093; B. Elk Wallow adjudicated an application

for approval of a plan for augmentation and exchange in Case No. 14CW3168 for Marolt Reservoir and Marolt Pond; C. Elk Wallow

obtained a finding that several of its water rights had been made absolute and reasonable diligence had been applied to several more in

Case No. 12CW153; D. Throughout the diligence period, Elk Wallow has maintained and kept in good standing a water allotment

contract through the Basalt Water Conservancy District (Contract No. 222a) for use in the augmentation plan decreed in Case No.

93CW80; E. Elk Wallow has installed fiber optic cable pipelines and road improvements on the property; F. Elk Wallow engaged

legal counsel to advise it on water rights and monitor the monthly water court resume; and G. Explored options for drilling additional

wells at Elk Wallow Ranch with Shelton Drilling Corp. and Resource Engineering, Inc. All of the foregoing work has been necessary

and required to apply the Hines Owl Creek Ditch, First Enlargement water right to the beneficial uses for which it is decreed. Elk

Wallow believes that it can and will complete the appropriation on subject water right within a reasonable time. 6. Names and

Addresses of Owners of Land on Which Structures Are or Will Be Located, or upon Which Water Is or Will Be Placed to Beneficial

Use: The structure is located on land owned by Elk Wallow. (4 pages + exhibit)

http://www.dwr.state.co.us/CDSS/default.aspx?Dataset=Administrative%20Calls&Div=5

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81601.






17CW3091 (96CW380, 03CW215, 10CW167) GARFIELD COUNTY – CATTLE CREEK, TRIBUTARY TO THE ROARING

FORK RIVER. Ten Peaks Mesa Homeowners Association, Inc., c/o Paul L. Noto, Esq. and Danielle L. Van Arsdale, Esq., Patrick,

Miller & Noto, P.C., 197 Prospector Road, Ste. 2104A, Aspen CO 81611 (970) 920-1030. APPLICATION FOR FINDING OF

REASONABLE DILIGENCE. First Claim: Ten Peaks Pond. Date of original decree: September 18, 1997, Case No. 96CW380,

Division 5 Water Court. Subsequent decrees: June 7, 2004, Case No. 03CW125; April 3, 2011, Case No. 10CW167. Legal SE ¼ SW

¼ of Section 4, Township 7 South, Range 87 West of the 6th

P.M., approximately 300 feet from the South Section line and 1800 feet

from the West Section line. Map is on file with the court as Exhibit A. Sources: Cattle Creek via deliveries from the TP Enlargement

of the C&L Highline Ditch decreed in Case No. 96CW381, and consumptive use credits from dry-up of historic irrigation under the

plan for augmentation decreed in Consolidated Case Nos. 96CW378 and 96CW379, all tributary to the Roaring Fork and Colorado

Rivers. Use: Augmentation and replacement of consumptive uses from Ten Peaks Development and Water System as described in the

plan for augmentation decreed in Consolidated Case Nos. 96CW378 and 96CW379. A detailed description of the work done to

towards appropriation: Applicant cleaned and maintained the TP Enlargement to the C&L Highline Ditch, which fills the Ten Peaks

Pond. Applicant filled the Ten Peaks Pond each spring as water was legally and physically available. Applicant approved a new tap

onto the Ten Peaks central water system. As additional taps come online, Applicant will need to expand the Ten Peaks Pond to meet

its augmentation needs. Applicant also was party to two water rights applications claiming new ponds from the C&L Highline Ditch.

Applicant entered into a ditch agreement with one pond claimant concerning, among other things, protection of the Ten Peaks Pond

water right. Applicant maintained the TP Pond each year, and made required augmentation releases. Applicant engaged the services of

Patrick, Miller & Noto, P.C. to monitor and advise of new water rights applications which could cause injury to the Ten Peaks Pond

water right and Applicant’s other water rights. Land on which the above water right is used is owned by Applicant and X Bar Ranch,

LLC c/0 Lucas Peck at Peck Feigenbaum, P.C., 132 Midland Avenue, Ste. 4, Basalt, CO 81621. The above water right is a component

part of an integrated water system for Applicant’s property.






81601.






17CW3092 GARFIELD COUNTY. SPRING TRIBUTARY TO MALLORY GULCH, TRIBUTARY TO THE COLORADO

RIVER. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE IN PART. Applicants:

Donald and Annette Ziegler, c/o Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602; 970-945-6546. Structure:

Ziegler Spring. Orig. Decree: Case No. 02CW350, Dist. Court, Water Division 5, entered 12/22/2003. Subsequent Decrees Awarding

Findings of Diligence: Case No. 09CW185, District Court, Water Division 5, entered 4/3/2011. Legal Description: SW1/4, SW ¼ in

Sec. 5, T. 6 S., R. 92 W., 6th P.M. at a pt. 770 ft. from the N. sec. line and 565 ft. from the E. sec. line of said Sec. 5. The street

address of the property where the spring is located is 0092 County Road 227, Rifle, Colorado. A map depicting the Ziegler Spring is

attached as Figure 1.a to the app. Approp. Date: 10/16/2002. Amounts and Uses: 19 g.p.m. for dom., irr. and stock water uses. For the

dom. and irr. uses, 5 g.p.m. are decreed absolute, with the remaining 14 g.p.m. cond. For the stock water uses, 4 g.p.m. are decreed

absolute, with the remaining 15 g.p.m. cond. Remarks: Ziegler Spring dom. use serves four residential units and the irr. of 2,000 sq. ft.

of lawns and gardens, which consists of 500 square ft. of irr. for each of the four residences depicted on Figure 1.b to the app. Ziegler

Spring is a near-surface structure, not a well, as defined in C.R.S. § 37-92-103(14)(b), being a spring collection box that is less than

ten ft. deep and within fifty ft. of the spring discharge point. A Complete list of diligence activities and expenditures is on file with this

APRIL 2017 RESUME


court. Claim to Make Absolute in Part: Ziegler Spring. Date of Beneficial Use: 12/31/2012. Amt. Claimed Absolute: 14 g.p.m. for

dom. and irr. uses; additional to previously decreed absolute amounts. Amt. Remaining Cond.: 15 g.p.m. for stock water uses. Place of

Beneficial Use: Applicants’ property, including the lawn, landscaping, and in the residences. A map depicting the place of beneficial

use is attached as Figure 1.b to the app. Remarks: Applicants will submit accounting for the claimed amounts and uses.(7 pgs.)






81601.





must appear to object and protest within the time provided by statute, or be forever barred. 17CW3093 GRAND COUNTY, COLORADO RIVER OR ITS TRIBUTARIES, Water Division 5. Applicant: Sun Valley Lake

Improvement Association, P.O. Box 1636, Grand Lake, CO 80447, (303) 888-4620 c/o William A. Paddock and Johanna Hamburger,

Carlson, Hammond & Paddock, LLC, 1900 Grant Street, Suite 1200, Denver, CO 80203, Phone Number: (303) 861-9000, Fax

Number: (303) 861-9026, Email: [email protected], [email protected]. Application for Absolute Water Storage Right

and Approval of Plan for Augmentation. CLAIM 1 - ABSOLUTE WATER STORAGE RIGHT. 1. Name of Reservoir: Sun Valley

Reservoir. 1.1. Legal Description of Dam: The reservoir is located in the E1/2 NW1/4 of Section 25, Township 4 North, Range 76

West of the 6th P.M. The outlet is located at a point 1,350 feet East of the West line and 1,800 feet South of the North line of said

Section 25. (Location information in UTM format: (See attached map showing location of the structure.)

UTM coordinates: Easting: 427,141 meters; Northing: 4,459,264 meters; Zone 13

Source of UTMs: NAIP 2015 georeferenced aerial photography

1.2. Source: North Fork of the Colorado River. 1.3. Ditch used to fill reservoir. 1.3.1. Name: DeWitt Ditch, capacity 4.0 c.f.s. 1.3.2.

Location of point of diversion: located at a point of the west bank of the North Fork of the Colorado River whence the North 1/4

corner of section 25, Township 4 North, Range 74 West of the 6th P.M. bears North 85° 5’ West 478 feet. (Location information in

UTM format: (See attached map showing location of the structure.)

UTM coordinates: Easting: 427678 meters; Northing: 4459830 meters; Zone 13

Source of UTMs: NAIP 2015 georeferenced aerial photography

1.4. Appropriation: 1.4.1. Date: July 1, 1959. 1.4.2. How appropriation was initiated: diversion of water and application to beneficial

use. 1.4.3. Date water applied to beneficial use: July 1, 1959. 1.5. Amount Claimed: Applicant claims an absolute water right in the

amount of 43.6 acre-feet to fill, refill and continuously fill the reservoir. All out-of-priority depletions will be replaced pursuant to the

augmentation plan described in claim 2 below. 1.5.1. Filling rate through the DeWitt Ditch: 2 c.f.s. 1.6. Uses: Livestock water,

recreation, fishery, wildlife, and fire protection. 1.7. Surface Area at High Water Line: 19.08 acres 1.7.1. Height of Dam: 9.5 feet.

1.7.2. Length of Dam: 350. 1.8. Total Capacity of Reservoir: decreed capacity of 72.5 acre-feet; no dead storage. CLAIM 2 - PLAN

FOR AUGMENTATION. 2. Name of structure to be augmented. Sun Valley Reservoir. 2.1. Decreed Water Right for Sun Valley

Reservoir: 82CW185, District Court, Water Division No. 5, entered August 21, 1983. 2.2. Legal description of structure as described

in the decree that adjudicated the location: The reservoir is located in the E1/2 NW1/4 of Section 25, Township 4 North, Range 76

West of the 6th P.M. The outlet is located at a point 1,350 feet East of the West line and 1,800 feet South of the North line of said

Section 25. The UTM coordinates are stated in paragraph 1 above. 2.3. Appropriation date: July 1, 1959. 2.4. Amount: 72.5 acre-feet,

absolute. 2.5 Source of water: North Fork of the Colorado River delivered through the DeWitt Ditch. 2.6. Decreed uses: Livestock

water, recreation, piscatorial and fire protection. 2.7. Comment: Water from the DeWitt Ditch is also stored in and released from Sun

Valley Reservoir pursuant to two augmentation plan decrees. Pursuant to the augmentation plan decreed in Case No. 82CW186, on

April 18, 1983, 2.9 acre-feet of water from the DeWitt Ditch is stored in the reservoir and held for release during the nonirrigation

season to replace depletions by the wells included in the augmentation plan. That 2.9 acre-feet includes 0.6 acre-feet of water to

replace evaporative losses from that water while in storage. Second, pursuant to the augmentation plan decreed in Case No. 84CW209,

on November 29, 1984, 2.0 acre-feet of water from the DeWitt Ditch is stored in the reservoir and held for release during the

nonirrigation season to replace depletions by the wells included in that augmentation plan. The 2.0 acre-feet includes 0.6 acre-feet of

water to replace evaporative losses from that water while in storage. 2.8. Water right(s) to be used for augmentation: 2.9. Contract

Water from Colorado River Water Conservation District. 2.9.1. Wolford Mountain Reservoir. The River District owns and operates

Wolford Mountain Reservoir (f/k/a Gunsight Pass Reservoir) which has the following water rights. 2.9.1.1. Case No. 87CW283:

Decree Date: November 20, 1989. Name of Structure: Gunsight Pass Reservoir. Legal description of place of storage: The dam is

mailto:[email protected]

APRIL 2017 RESUME


located in the SW1/4 of the NE1/4 of Section 25, T. 2 N., R. 81 W., 6th P.M. The intersection of the dam axis with the right abutment

will occur at a point which bears S. 54°54'20" E. a distance of 3,716.46 feet from the NW Corner of said Section 25. Source: Muddy

Creek and its tributaries, all tributary to the Colorado River. Amount: 59,993 acre feet conditional; of this amount, 32,986 acre feet

were made absolute for piscatorial and recreational uses by decree entered in Water Court Case No. 95CW251, and the full amount

was made absolute for all purposes by decree entered in Water Court Case No. 02CW107. Appropriation Date: December 14, 1987.

Use: All beneficial uses, including but not limited to domestic, municipal, agricultural and recreational uses, which uses satisfy the

requirements of the Windy Gap Settlement made with the Municipal Subdistrict of the Northern Colorado Water Conservancy

District; use to meet the water requirements of the inhabitants of the River District for all uses, including uses in the Middle Park area;

and use to meet the terms of a lease agreement executed March 3, 1987 between the River District and the City and County of Denver.

2.9.1.2. Case No. 95CW281: Decree Date: August 26, 1997. Name of Structure: Wolford Mountain Reservoir Enlargement. Legal

description of place of storage: The dam is located in the SW1/4 of the NE1/4 of Section 25, T. 2 N., R. 81 W., 6th P.M. The as-built

intersection of the dam axis (Sta. D19+35.61) with the West Access Road (Sta. WR50+55.05), as shown on the Colorado River Water

Conservation District, Wolford Mountain Project, Ritschard Dam construction drawing "Dimensional Dam Layout" sheet 8 of 94,

occurs at a point which bears S. 53°24'56" E. a distance of 3,395.51 feet from the NW Corner of said Section 25; the bearing of said

dam axis from Sta. 19+35.61 to Sta. 0+00 being S. 75° 28' 29" E. Source: Muddy Creek and its tributaries, all tributary to the

Colorado River. Amount: 6,000 acre feet, conditional. Appropriation Date: January 16, 1995. Use: All beneficial uses by and for the

benefit of the inhabitants of the Colorado River Water Conservation District, including but not limited to domestic, municipal,

industrial, irrigation, agricultural, piscatorial and recreational; such uses will include environmental mitigation, including

environmental mitigation requirements associated with the Wolford Mountain Project; such uses will be made directly or by

substitution, augmentation, or exchange. None of the water stored in the exercise of the right will be delivered directly or by exchange,

substitution, or otherwise for use outside of Colorado Water Division No. 5. 2.9.1.3. Case No. 98CW237: Decree Date: July 6, 2000.

Name of Structure: Wolford Mountain Reservoir. Legal Description of place of storage: Same as for 95CW281. Source: Muddy Creek

and its tributaries, all tributary to the Colorado River. Amount: 30,000 acre feet conditional, with 15,895 acre feet being absolute for

recreational and piscatorial and flood control. Appropriation Date: November 17, 1998. Use: Certain of the beneficial uses previously

adjudicated for Wolford Mountain Reservoir in Case No. 87CW283, District Court for Colorado Water Division No. 5 (November 20,

1989 Judgment and Decree), and Case No. 95CW281, District Court for Colorado Water Division No. 5 (August 26, 1997 Judgment

and Decree). 87CW283: The reservoir will be used to satisfy the requirements of the Windy Gap Settlement made with the Municipal

Subdistrict of the Northern Colorado Water Conservancy District. This will involve all uses, including but not limited to domestic,

municipal, agricultural, and recreational uses. The reservoir will also be used to meet the water requirements of the inhabitants of the

River District for all uses, including uses in the Middle Park area. 95CW281: All beneficial uses by and for the benefit of the

inhabitants of the Colorado River Water Conservation District, including but not limited to domestic, municipal, industrial, irrigation,

agricultural, piscatorial and recreational; such uses will include environmental mitigation, including environmental mitigation

requirements associated with the Wolford Mountain Reservoir Project; such uses will be made directly or by substitution,

augmentation, or exchange. Remarks: The Refill Right described herein will be exercised to provide supply for the Western Slope

uses of water from Wolford Mountain Reservoir described above, including flood control, other operational purposes, and

environmental mitigation and enhancement for the benefit of uses within the District. The Refill Right will not be used in conjunction

with the Reservoir capacity (24,000 a.f.) which is allocated for the supply of water to the Denver Board of Water Commissioners

under Applicant's contractual relationship with Denver, or the Reservoir capacity (6,000 AF) which is allocated for Colorado River

endangered fish releases. (4) PLSS: 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 1,940 feet South of North section line and 2,760 feet East of the West section line of said Section 25. 2.9.2. Ruedi

Reservoir. The River District holds Contracts No. 009D6C0111 (500 AF), 009D6C0118 (700 AF), 039F6C0011 (530 AF),

079D6C0106 (5,000 AF), and 139D6C0101 (4,683.5 AF) from the United States Bureau of Reclamation for 11,413.5 acre feet of

annual supply from Ruedi Reservoir. This water will be used in addition to and substitution for Wolford Mountain Reservoir water in

appropriate circumstances where Ruedi water is physically equivalent to Wolford water. Legal description of place of storage: Ruedi

Reservoir is located in Sections 7, 8, 9, 11 and 14 through 18, T. 8 S., R. 84 W., 6th P.M., in Eagle and Pitkin Counties. The dam axis

intersects the right abutment at a point whence the SW corner of Section 7, T. 8 S., R. 84 W. of the 6th P.M. bears N. 82°10'W. a

distance of 1,285 feet. Source: Fryingpan River. Previous storage decrees: Civil Action No. 4613: Decree Date: June 20, 1958. Court:

Garfield County District Court. Amount: 140,697.3 acre feet, reduced to 102,369 acre feet pursuant to order of the Water Court in

Case No. W-789-76. The full amount was made absolute in Case No. 88CW85. Appropriation Date: July 29, 1957. Use: Domestic,

municipal, irrigation, industrial, generation of electrical energy, stock watering and piscatorial. Case No. 81CW34: Decree Date: April

8, 1985. Court: District Court, Water Div. No. 5. Amount: 101,280 acre feet (refill); of this amount, 44,509 acre feet were made

absolute in Case No. 95CW95 and 25,257 acre feet were made absolute in Case No. 01CW269, for a total of 69,766 acre feet absolute.

Appropriation Date: January 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. (4) PLSS: 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 130 feet South of the North section line and

APRIL 2017 RESUME


1,280 feet East of the West section line of Section 7, T. 8 S., R. 84 W. of the 6th P.M. 3. Complete statement of plan for

augmentation. Sun Valley Lake is filled from the North Fork of the Colorado River through the DeWitt Ditch. It will be filled and

maintained full annually by continuous diversions through the DeWitt Ditch. The purpose of this plan for augmentation is to augment

the depletions that result from the continuous delivery of water to the reservoir through the DeWitt Ditch. The only depletions will be

from evaporative losses from the reservoir’s water surface. Sun Valley Reservoir has a maximum water surface area of 19.08 acres.

The estimated maximum amount of out-of-priority evaporative losses from the reservoir is as follows:

Gross

Evaporation

Sun Valley Reservoir Evaporation - 19.08 acres

(acre-feet)

Month (Inches) Gross Evaporation Out-of-priority

Nov 0.0 0.0 0.0

Dec 0.0 0.0 0.0

Jan 0.0 0.0 0.0

Feb 0.0 0.0 0.0

Mar 0.0 0.0 0.0

Apr 1.67 2.65 2.65

May 4.38 6.96 0

Jun 5.43 8.63 4.32

Jul 5.6 8.90 8.90

Aug 4.55 7.23 7.23

Sep 3.85 6.12 6.12

Oct 1.95 3.09 3.09

Annual 27.43 43.58 32.31

No depletions are estimated for the month of May because there has never been a call by a senior decreed downstream water right

during that month. During all times of a valid call by a downstream senior water right the Applicant will make replacement water

available to offset depletions caused by evaporation from the reservoir. For calls that originate at or below the confluence of Muddy

Creek and the Colorado River, Applicants will deliver replacement water with water supplied via contract with the Colorado River

Water Conservation District, and it will be delivered from either Wolford Mountain Reservoir or Ruedi Reservoir. If the downstream

call is located upstream from the confluence of the Colorado River and the Roaring Fork River, then the replacement water will be

delivered from Wolford Mountain Reservoir. If the call is downstream from the confluence of the Colorado River and the Roaring

Fork River, the replacement water will be released from either Ruedi Reservoir or Wolford Mountain Reservoir. If the call is located

on the Colorado River upstream from it confluence with Muddy Creek, the Applicants will pass all inflow to the reservoir through the

reservoir and total storage in the reservoir will be reduced by the then occurring evaporative losses. Alternatively, the Water

Commissioner may allow water to remain in storage during such periods and subsequently order releases to offset evaporation in

usable quantities. Applicant requests the court establish the date of filing of this application as the priority date for administration of

this plan for augmentation so that any water right with a more junior priority cannot call out Sun Valley Lake Reservoir and require

replacement of then occurring depletions made pursuant to this plan for augmentation. 4. Names and addresses of owners or reputed

owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is

or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool. The Applicant

owns some of the land inundated by Sun Valley Lake Reservoir. Applicant also holds an express easement to inundate all of the land

inundated by the reservoir when filled to its maximum storage capacity and for the land on which the embankment is located. A copy

of that Easement is attached to this application as Exhibit A. The owners of the lands inundated by the reservoir, in addition to the

Applicant, are: Sun Valley Ranch Homeowners Association, c/o Randy Hodapp 6A Maclean Drive, Littleton, Colorado 80123;

Shawn K. Simonds-Bruton, 1705 County Rd. 491, P.O. Box 470, Grand Lake, CO 80447; Lennart K and Laura J Moche 7683 S

Locust CT, Centennial, Colorado 80112; David A. Von Holten and M. Faye Von Holten, 3091 S. Quintero Way, Aurora, CO 80013.

The hedagte of the DeWitt Ditch is located on land owend by the Ramler Revocable Trust #1, 1700 Robin Lane #533, Lisle, Illinois

60532-6947.






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must appear to object and protest within the time provided by statute, or be forever barred. 17CW3094 EAGLE COUNTY, EAGLE RIVER. Application for Finding of Reasonable Diligence. Kenneth & Kira Cameron c/o

Jeff Houpt & Ryan Jarvis of Beattie, Chadwick & Houpt, LLP, 932 Cooper Ave, Glenwood Springs, 970-945-8659 and Renata

Lilischkies c/o Beth Van Vurst of Fairfield & Woods, PC, 1801 California St, Ste 2600, Denver, 303-830-2400. All structures:

Original decree entered 09/02/83 in 82CW286; subsequent decrees entered in 87CW159, 87CW160, 93CW167, 99CW250 &

10CW97. Source: Spring trib to Castle Creek, trib to Eagle River. Approp. date: 11/19/1884. Amount: 0.066 c.f.s. (30 g.p.m.),

conditional, each spring. Uses: Domestic, irrigation and stockwatering. Rule Ranch Spring No. 2: Location: SE¼NE¼ Sec 16, T 4 S,

R 84 W 6th

PM, at a point whence SE corner of Sec 16 bears S 12°40’ E 3,560 ft., also described as 1,476 ft from N sec line and 578 ft

from E sec line of said Sec 16. Rule Ranch Spring No. 3: Location: NE¼NE¼ Sec 16, T 4 S, R 84 W 6th

PM, at a point whence SE

corner of Sec 16 bears S 00°41’ E 4,130 ft., also described as 989 ft from N sec line and 330 ft from E sec line of Sec 16. The water

rights serve Parcels B and D, Highland Meadow Estates at Castle Peak Ranch. Application on file with the court includes a list of

activities demonstrating diligence. Owner of land: State of Colorado, Board of Land Commissioners, 1127 Sherman Street, Denver,

CO 80203. (7 pages)






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must appear to object and protest within the time provided by statute, or be forever barred. 17CW3095 (09CW9, 99CW319) PITKIN COUNTY – ROARING FORK RIVER. Holland Hills Metropolitan District, c/o Scott

C. Miller, Esq. and Jason M. Groves, Esq., Patrick, Miller & Noto, P.C., 229 Midland Ave., Basalt, CO 81621 (970) 920-1030.

APPLICATION FOR FINDING OF REASONABLE DILIGENCE. First Claim: Holland Hills Well No. 1. Original decree: January

3, 2003. Case No. 99CW319, Division 5 Water Court. Legal: SW ¼ of the SE ¼, Section17, Township 8 South, Range 86 West of the

6th

P.M., at a point 1,490 feet from the East Section line and 350 feet from the South Section line. Source: Groundwater tributary to

the Roaring Fork River. Appropriation date: May 18, 1999. Amount: 0.22 c.f.s. Use: Domestic, commercial, fire protection and

irrigation. Second Claim: Holland Hills Well No. 2. Original decree: January 3, 2003. Case No. 99CW319, Division 5 Water Court.

Legal: SW ¼ of the SE ¼, Section17, Township 8 South, Range 86 West of the 6th

P.M., at a point 1,380 feet from the East Section

line and 235 feet from the South Section line. Source: Groundwater tributary to the Roaring Fork River. Appropriation date: May 18,

1999. Amount: 0.22 c.f.s. Use: Domestic, commercial, fire protection and irrigation. Third Claim: Holland Hills Well #C. Original

decree: January 3, 2003. Case No. 99CW319, Division 5 Water Court. Legal: NW ¼ of the NE ¼, Section 20, Township 8 South,

Range 86 West of the 6th

P.M., at a point 1,340 feet from the East Section line and 100 feet from the North Section line. Source:

Groundwater tributary to the Roaring Fork River. Appropriation date: May 18, 1999. Amounts and Uses: 0.22 c.f.s. for irrigation; 0.11

c.f.s. for domestic, commercial, and fire protection. Depth: 80 ft. Fourth Claim: Holland Hills Well #D. Original decree: January 3,

2003. Case No. 99CW319, Division 5 Water Court. Legal: NE ¼ of the NE ¼, Section 20, Township 8 South, Range 86 West of the

6th

P.M., at a point 890 feet from the East Section line and 245 feet from the North Section line. Source: Groundwater tributary to the

Roaring Fork River. Appropriation date: May 18, 1999. Amount: 0.22 c.f.s. Use: Domestic, commercial, fire protection and irrigation.

Fifth Claim: Timroth Well No. 1 Enlargement. Original decree: January 3, 2003. Case No. 99CW319, Division 5 Water Court. Legal:

SE ¼ of the SE ¼, Section 17, Township 8 South, Range 86 West of the 6th

P.M., at a point 36 feet from the South Section line and

1,212 feet from the East Section line. Source: Groundwater tributary to the Roaring Fork River. Appropriation date: May 18, 1999.

Amounts and Uses: 0.142 c.f.s. for domestic, commercial and fire protection; 0.22 c.f.s. for irrigation. A map of the above water

rights is on file with the Court as Figure 1. Sixth Claim: Holland Hills Appropriative Exchange. Original decree: January 3, 2003.

Case No. 99CW319, Division 5 Water Court. Legal: A segment of the Roaring Fork River from the point of impact of the structures

described in Paragraph 27 of the Final Decree in Case No. 99CW319, Division No. 5 Water Court, to the confluence of the Frying Pan

River with the Roaring Fork River. Upper Terminus: NE¼, NE¼, Section 20, Township 8 South, Range 86 West of the 6th

P.M., at a

distance 730 feet from the North Section line and 1,045 feet from the East Section line. Lower Terminus: SW¼, SE¼, Section 7,


P.M., at a point 750 feet from the South Section line and 1,424 feet from the East Section

line. Map is on file with the court as Figure 2. Source: Groundwater tributary to the Roaring Fork River. Appropriation date: May 18,

1999. Amount: 0.39 c.f.s. Use: Exchange and replacement. A detailed description of the work done to complete appropriation for the

APRIL 2017 RESUME


above water rights is on file with the court as Exhibit A. Applicant owns the land on which the above water rights are used. The above

water rights are all component parts of an integrated water system for Applicant contemplated by the decree in Case No. 99CW319.






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must appear to object and protest within the time provided by statute, or be forever barred. 17CW3096 (10CW129, 03CW32) PITKIN COUNTY – ROARING FORK RIVER. My 3 Girls, LLC, c/o Scott C. Miller, Esq.

and Danielle L. Van Arsdale, Esq., Patrick, Miller & Noto, P.C., 229 Midland Ave., Basalt, CO 81621 (970) 920-1030.

APPLICATION TO MAKE WATER RIGHT ABSOLUTE AND FOR FINDING OF REASONABLE DILIGENCE. First Claim:

Collins Lot 1 Well. Date of original decree: May 27, 2004. Case No. 03CW32, Division 5 Water Court. Legal: NE ¼ SE ¼, Section 8,

Township 9 South, Range 85 West, 6th

P.M., 2,350 feet from the South line and 350 feet from the East line of said Section 8. Map is

on file with the court as Exhibit A. Source: Roaring Fork River. Appropriation date: August 30, 2001. Amount: 0. 033 c.f.s.,

conditional. Use: Domestic, stock watering, storage, fire protection and the irrigation of up to 5,000 square feet of lawns and gardens,

augmentation, and the filling of Collins Lot 1 Pond. Absolute: Date applied to beneficial use: December 1, 2010. Amount: 0.033 c.f.s.

Use: Domestic, storage, fire protection, and the irrigation nof up to 5,000 square feet of lawns and gardens. Remaining conditional:

0.033 c.f.s. for stock watering, augmentation, and the filling of Collins Lot 1 Pond. Depth: 84 ft. Second Claim: Collins Lot 1 Pond.

Date of original decree: May 27, 2004. Case No. 03CW32, Division 5 Water Court. Legal: NE ¼ SE ¼, Section 8, Township 9 South,

Range 85 West, 6th

P.M., 2,420 feet from the South line and 250 feet from the East line of said Section 8. Map is on file with the court

as Exhibit A. Source: Collins Lot 1 Well. Appropriation date: August 30, 2001. Amount: 1.50 acre-feet, conditional. Use: stock

watering, irrigation, piscatorial, aesthetic, recreation, fire protection, and augmentation. A detailed description of the work done to

complete appropriation, including expenditures, is on file with the court as Exhibit B. Applicant owns the land on which the above

water rights are used. The above water rights are component parts of an integrated water system for Applicant’s property decreed in

Case No. 03CW32.






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must appear to object and protest within the time provided by statute, or be forever barred. 17CW3097 GARFIELD COUNTY, ROARING FORK RIVER. Application for Findings of Reasonable Diligence. Michael E.

Berkeley c/o Jeff Houpt & Ryan Jarvis of Beattie, Chadwick & Houpt, 932 Cooper Ave, Glenwood Springs, 970-945-8659. Lake

Springs Ranch Spring: Original decree entered on 06/04/81 in W-3572. Location: SW¼SE¼ of Sec 33, T 6 S, R 88 W 6th

PM, at a

point whence the SE corner of said Sec 33 bears S 77°00’ E 2,030 ft. This location may also be described as being in the SW¼SE¼

(also known as Government Lot 23) of Sec 33, T 6 S, R 88 W 6th

PM, at a point which is 420 ft from S sec line and 1,990 ft from E

sec line. Source: A spring trib to Spring Valley, trib to Roaring Fork River. Appropriation date: 09/09/77. Lake Springs Ranch Well

A: Original decree entered on 06/04/81 in W-3573. Location: SW¼NW¼ of Sec 33, T 6 S, R 88 W 6th PM, at a point whence the SE

corner of said Sec 33 bears S 59°00’ E 5,730 ft. This location may also be described as being in the SW¼NW¼ (also known as

Government Lot 7) of Sec 33, T 6 S, R 88 W 6th

PM, at a point which is 2,290 ft from N sec line and 280 ft from W section line.

Appropriation date: 09/09/77. Lake Springs Ranch Well B: Original decree entered on 06/04/81 in W-3574. Location: NW¼SW¼ of

Sec 33, T 6 S, R 88 W 6th

PM, at a point whence the SE corner of said Sec 33 bears S 64°00’ E 5,180 ft. This location may also be

described as being in the NW¼SW¼ (also known as Government Lot 10) of Sec 33, T 6 S, R 88 W 6th

PM, at a point which is 2,150 ft

from S sec line and 550 ft from W sec line. Appropriation date: 09/09/77. Lake Springs Ranch Well C: Original decree entered on

06/04/81 in W-3997. Location: NE¼SW¼ of Sec 33, T 6 S, R 88 W 6th

PM, at a point which is 1,380 ft from S sec line and 1,520 ft

from W sec line. Appropriation date: 12/19/78. All structures above: Subsequent decrees: 89CW41, 95CW79, 02CW288 and

APRIL 2017 RESUME


09CW100. Amount: 0.45 c.f.s., conditional (each). Uses: Irrigation, municipal, domestic, fire protection, and livestock watering

purposes. Source for Lake Springs Ranch Well A-C: Groundwater tributary to Spring Valley, tributary to the Roaring Fork River.

Depth of Lake Springs Ranch Well A-C: 200 ft. Lake Springs Ranch Well D: Original decree entered on 03/27/99 in 95CW79A;

subsequent decrees entered in 05CW47 and 09CW100. Location: SE¼SE¼ of Sec 33, T 6 S, R 88 W 6th

PM, at a point which is 650 ft

from S sec line and 150 ft from E sec line. Source: Aquifer, trib to Spring Valley, trib to Roaring Fork River. Appropriation date:

06/23/95. Amount: 150 gpm, conditional. Uses: Irrigation of approx 80 acres of land (located in the SE¼, Sec 33, T 6 S, R 88 W 6th

PM), domestic, livestock, watering, municipal, and fire protection. The Application on file with the court includes a list of activities

demonstrating diligence. Owner of land: Berkeley Family Limited Partnership, 1302 Waugh Drive #684, Houston, TX 77019. (8

pages)






81601.






17CW3098 (02CW79, 10CW183) PITKIN COUNTY – CRYSTAL RIVER, TRIBUTARY TO ROARING FORK RIVER.

Ranch Lake I, LLC; Ranch Lake II, Inc.; Ranch Lake IV, LLC, c/o Paul L. Noto, Esq. and Danielle L. Van Arsdale, Esq., Patrick,

Miller & Noto, P.C., 197 Prospector Road, Ste. 2104A, Aspen, CO 81611 (970) 920-1030. APPLICATION FOR FINDING OF

REASONABLE DILIGENCE. First Claim: Crystal Island Ranch Alluvial Well Field; Crystal Island Ranch Property Well Field;

Lower Thomas Ranch Spring; Polo Ditch Augmentation Enlargement; Thomas Feeder Ditch Augmentation Enlargement; Polo Pond

Augmentation Enlargement; Lewis Lake Augmentation Enlargement; Polo Pond No. 2. Date of original decree: June 11, 2004. Case

No. 02CW79, Division 5 Water Court. Subsequent diligence decree: April 3, 2011, Case No. 10CW183. Legal descriptions: Crystal

Island Ranch Alluvial Well Field: E ½ of Section 22, Township 8 South, Range 88 West of the 6th

P.M.; Crystal Island Ranch Property

Well Field: E ½ of Section 22, portions of the E ½ of Section 27, and portions of Section 23 and Section 26, Township 8 South, Range

88 West of the 6th

P.M.; Lower Thomas Ranch Spring: NW ¼, SE ¼ of Section 22, Township 8 South, Range 88 West of the 6th

P.M.,

approximately 1975 feet from the South Section line and 1450 feet from the East Section line.; Polo Ditch Augmentation

Enlargement: SW ¼, NW ¼ of Section 23, Township 8 South, Range 88 West of the 6th

P.M., approximately 1950 feet from the North

Section line and 900 feet from the West Section line.; Thomas Feeder Ditch Augmentation Enlargement: NW ¼, NE ¼ of Section 26,


P.M., approximately 550 feet from the North Section line and 2450 feet from the East

Section line.; Polo Pond Augmentation Enlargement: NE ¼, SE ¼ of Section 22, Township 8 South, Range 88 West of the 6th

P.M.,

approximately 2550 feet from the South Section line and 550 feet from the East Section line.; Lewis Lake Augmentation Enlargement:

SE ¼, SW ¼ of Section 23, Township 8 South, Range 88 West of the 6th

P.M., approximately 1100 feet from the South Section line

and 2000 feet from the West Section line.; Polo Pond No. 2: SW ¼, NE ¼ of Section 22, Township 8 South, Range 88 West of the 6th

P.M., approximately 2925 feet from the South Section line and 1700 feet from the East Section line. Map is on file with the court as

Figure 1. Sources: Crystal Island Ranch Alluvial Well Field: Alluvium of the Crystal River, tributary to Roaring Fork and Colorado

Rivers; Crystal Island Ranch Property Well Field: Groundwater tributary to the Crystal River, tributary to Roaring Fork and Colorado

Rivers.; Lower Thomas Ranch Spring: A spring tributary to the Crystal River, tributary to Roaring Fork and Colorado Rivers; Polo

Ditch Augmentation Enlargement, Thomas Feeder Ditch Augmentation Enlargement, Polo Pond Augmentation Enlargement, Lewis

Lake Augmentation Enlargement and Polo Pond No. 2: Thomas Creek, tributary to the Crystal, Roaring Fork and Colorado Rivers.

Appropriation date: September 1, 2001. Amounts and Uses: Crystal Island Ranch Alluvial Well Field: 150 g.p.m. for domestic and

irrigation use; Crystal Island Ranch Property Well Field: 100 g.p.m. for domestic and irrigation use; Lower Thomas Ranch Spring:

0.25 c.f.s. for domestic and augmentation and filling Polo Pond No. 2; Polo Ditch Augmentation Enlargement: 1.0 c.f.s. for filling

Polo Pond Augmentation Enlargement and Polo Pond No. 2; Thomas Feeder Ditch Augmentation Enlargement: 1.0 c.f.s. for filling

Lewis Lake Augmentation Enlargement; Polo Pond Augmentation Enlargement, Lewis Lake Augmentation Enlargement and Polo

Pond No. 2: 10 acre-feet for augmentation, piscatorial and incidental aesthetic purposes. Description of work done towards

appropriation is included in the application on file with the Court. Applicant owns the land on which the above water rights are used.






81601.

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17CW3099 EAGLE COUNTY, SOURCE: TONER CREEK, TRIB. TO THE FRYINGPAN RIVER, TRIB. TO THE

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

Edward Adelson c/o Sara M. Dunn, Eric M. Theile, Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602, 970-

945-6546. Claim for Finding of Reasonable Diligence. Structure: Adelson Spring, Surface Water Right. Prior Decrees: Original

Decree entered on 3/8/04 in Case No. 03CW60, Water Div. 5. A finding of reasonable diligence and to make absolute in part entered

on 4/3/2011 in Case No. 09CW172, Water Div. 5. Legal: SW1/4 NE1/4 of Sec. 3, T. 8 S., R. 86 W., 6th P.M. at a point 1,900 ft. west

of the E. line and 1,830 ft. S. of the N. line. Amount: 0.1 c.f.s., conditional. Use: Domestic. Appropriation Date: 12/20/2000. Names

and address of owner or reputed owners of the land upon which any new or existing diversion structure: Applicant. A detailed outline

of what has been done toward completion of the appropriation and application of water to a beneficial use as conditionally decreed is

included in the Application on file with the Water Court. (4 Pgs., 1 Ex. - Map)






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must appear to object and protest within the time provided by statute, or be forever barred. 17CW3100 SUMMIT AND GRAND COUNTIES, COLORADO. APPLICATION FOR FINDING OF REASONABLE

DILIGENCE AND TO MAKE ABSOLUTE. I. Name, Address and Telephone Number of Applicant. Colorado River Water

Conservation District, acting by and through its Colorado River Water Projects Enterprise (“River District”), c/o Secretary/General

Manager, P. O. Box 1120, Glenwood Springs, Colorado 81602, Telephone: (970) 945-8522; Facsimile: (970) 945-8799.

Please direct all pleadings and correspondence in this case to: Peter C. Fleming and Jason V. Turner. II. Introduction. This Application

is filed pursuant to C.R.S. § 37-92-301(4). The River District is a political subdivision of the State formed by the Colorado Legislature

(See C.R.S. § 37-46-101, et seq.) in 1937 for the purpose of safeguarding for the State of Colorado the beneficial consumptive use in

Colorado of that portion of the waters of the Colorado River equitably apportioned to the state by interstate compact and of promoting

the welfare of the inhabitants of the River District. Geographically, the River District encompasses an area of approximately 29,000

square miles, including all of twelve and parts of three western Colorado counties. Included in that area are the headwaters and

tributaries of the Colorado River mainstem and its principal tributaries, the Gunnison, the White and the Yampa Rivers. The general

powers of the River District, set forth in C.R.S. § 37-46-107, inter alia, direct the River District to make surveys and investigations to

ascertain the best method of utilizing stream flows within the River District and to make appropriations “for the use and benefit of the

ultimate appropriators . . . .” This statute further directs the River District “to perform all acts and things necessary or advisable to

secure and insure an adequate supply of water, present and future, for irrigation, mining, manufacturing, and domestic purposes within

said districts (sic).” The decree that is the subject of this Application was obtained in furtherance of these statutory directives. III.

Background. In Case No. 05CW265, Water Division 5 the Colorado Water Trust (“Water Trust”) and the River District prosecuted a

change of the Peabody #1 Ditch and Peabody #1 Ditch, Lund Enlargement & Extension water rights (the “Subject Water Rights”) to

quantify the historical consumptive use of the Subject Water Rights. The Water Trust is a non-profit Colorado corporation whose

purposes include the acquisition and donation to the Colorado Water Conservation Board (“CWCB”) of existing absolute water rights

in furtherance of the CWCB’s instream flow water acquisition program authorized by C.R.S. 37-92-102(3). The Water Trust entered

into an Acquisition Agreement with the CWCB dated December 22, 2004 (the “Acquisition Agreement”) whereby the Water Trust

agreed to acquire and donate the Subject Water Rights to the CWCB for conversion to instream flow purposes, subject to a reservation

allowing the Water Trust to use, or allow others to use, the consumptive use portion of the Subject Water Rights downstream of Green

Mountain Reservoir. The CWCB changed its interest in the Subject Water Right for instream flow purposes in order to preserve and

improve the natural environment in three stream reaches (the “CWCB Instream Flow Reaches”) as follows: (1) Boulder Creek from

the headgate of the Peabody Ditch to the confluence with the Blue River; (2) the Blue River from Boulder Creek to Lund Gulch; and

(3) the Blue River from Lund Gulch to Green Mountain Reservoir in Case No. 05CW264, Water Division 5. Consistent with the

Acquisition Agreement, the Water Trust reserved in the Deed the right to use the consumptive use portion of the Subject Water Rights

downstream of the confluence of the Blue River with Green Mountain Reservoir, including the right to assign or sell said right of use.

APRIL 2017 RESUME


The Water Trust conveyed its interest in the downstream consumptive use to the River District. Pursuant to the decree in Case No.

05CW256, the River District may use the historical consumptive use of the Subject Water Rights (the “HCU Credits”) below Green

Mountain Reservoir in its Colorado River Water Marketing Program either by delivering them directly from storage in Green

Mountain Reservoir pursuant to a “if and when” contract (“GMR Storage Contract”) with the Bureau of Reclamation or by

exchanging the HCU Credits from Green Mountain Reservoir to Wolford Mountain Reservoir (“Moser Consumptive Use Exchange to

Wolford Mountain Reservoir”) for subsequent release. IV. Describe conditional water right (as to each structure) giving the following

from the Referee’s Ruling and Judgment and Decree: A. Name: Moser Consumptive Use Exchange to Wolford Mountain Reservoir.

1. Date of Original Decree, Case Number and Court: April 14, 2011, Case No. 05CW265, Water Division 5, State of Colorado. 2.

Legal Description/Point of Diversion: i. Downstream Terminus: Confluence of Muddy Creek and the Colorado River located 1,855

feet from the east section line and 185 feet from the north section line, NW ¼ of the NE ¼, Section 25, Township 2 North, Range 80

West of the 6th

P.M. ii. Upstream Terminus: Wolford Mountain Reservoir, an in-channel reservoir on Muddy Creek, located at 2,091

feet from the east section line and 2,884 feet from the south section line, SW ¼ of the NE ¼, Section 25, Township 2 North, Range 81

West of the 6th

P.M. 3. Date of Appropriation: October 15, 2008. 4. Maximum Rate of Exchange: 37 c.f.s., conditional, for exchanges

accomplished by release of the 73 acre feet of HCU Credits previously stored on account of the Subject Water Rights in Green

Mountain Reservoir; 0.45 c.f.s. conditional, for exchanges accomplished by release of HCU Credits conveyed through the CWCB

Instream Flow Reaches, Green Mountain Reservoir, and the Blue River without storage in Green Mountain Reservoir. 5. Maximum

Volume of Exchange: 73 acre feet annually. 6. Use: Use within the River District’s Water Marketing Program consistent with the

River District’s Wolford Mountain Reservoir decrees in Case Nos. 87CW283, 87CW284, 95CW281, 98CW237 and 03CW302. Such

use to include the following beneficial uses: Municipal, domestic, irrigation, agricultural, livestock, hydro-power production,

evaporation, piscatorial, and recreational with the right to reuse and successively use the water to extinction, consistent with the River

District’s Wolford Mountain Reservoir decrees in Case Nos. 87CW283, 87CW284, 95CW281, 98CW237 and 03CW302 and pursuant

to the River District’s Colorado River Water Marketing Program. The water may be used directly for such purposes by augmentation,

replacement and exchange by the River District or it contractors in connection with applicable law. Storage of the HCU Credits in

Wolford Mountain Reservoir pursuant to exchange and/or in Green Mountain Reservoir pursuant to the GMR Storage Contract. V.

Provide a detailed outline of what has been done towards completion of the appropriation and the application of water to a beneficial

use as conditionally decreed including expenditures. A. This list of expenditures and actions in furtherance of development of the

subject water right is not intended to be exclusive and may be supplemented by additional evidence: 1. Funded United States

Geological Survey gaging stations at Wolford Mountain Reservoir and Muddy Creek to gauge water quality and stream flows

respectively. 2. Conducted watershed management and mitigation area monitoring and maintenance below Wolford Mountain

Reservoir, including significant bank stabilization work on Muddy Creek. 3. General maintenance of Wolford Mountain Reservoir

facilities, including the shop and recreational area. 4. During the diligence period the River District spent significant resources in

analyzing and monitoring deformation of the dam at Wolford Mountain Reservoir. This work included but is not limited to mapping,

surveying, the installation and monitoring of inclinometers, piezometers, deformation monuments, extensometers and a bridge tilt

meter. The River District engaged engineering consultants to provide analysis on the deformation, including, outlet tower bridge and

embankment stability and structural investigations, development and approval of a new inflow design flood in accordance with current

State Engineer rules, embankment stability analysis, and Fast Langranian Analysis of Continua (“FLAC”) modeling. In addition, the

River District convened a panel to peer review the work of its consultants. 5. Funded an invasive aquatic species program at Wolford

Mountain Reservoir. 6. In addition, during the diligence period the River District paid in full the debt incurred for the construction of

Wolford Mountain Reservoir. 7. The River District Board at its April 2017 Quarterly Board Meeting reaffirmed its intent to develop

the subject conditional water right. 8. Over the course of the diligence period the River District dedicated substantial personnel time

and expended in excess of $14,000,000, excluding personnel expenditures, for the operation and maintenance of Wolford Mountain

Reservoir in furtherance of the Moser Consumptive Use Exchange to Wolford Mountain Reservoir. B. During the diligence period the

River District expended $141,196.00 in acquiring the Colorado Water Trusts interests in the HCU Credits and in payments for its

GMR Storage Contract. C. Additionally, during the diligence period, the River District carried out the following activities more

generally related to the development, operation and maintenance of the River District’s absolute and conditional water rights,

including the water right that is the subject of this diligence application: 1. Federal environmental legislation and related regulations

on water development activities often make successful acquisition of needed federal permits one of the most predominant concerns

regarding a water development project. A significant concern regarding the development of projects in Colorado Water Division No. 5

is the status of four native fish species which have been listed as “endangered” by the Fish and Wildlife Service pursuant to the federal

Endangered Species Act. Because water depletions in the Colorado River basin are alleged to jeopardize the continued existence of

those fish species, it is necessary for the River District and other water users who may need federal permit authorizations for their

water projects to successfully address the alleged jeopardy of those species. The River District, throughout this diligence period, has

been involved in extensive scientific analyses and lobbying efforts concerning the recovery of endangered fish species in the Colorado

River basin. This work includes the partial funding and extensive participation in a multi-phase study to identify a source of the

10,825 acre feet of water to satisfy the obligation of water users within the State of Colorado to the recovery of the endangered fishes.

During the diligence period the River District made available 5,412.5 acre feet of water from Wolford Mountain Reservoir to assist in

satisfying the water users’ obligation until a permanent source of the 10,825 acre feet was identified and secured. Due to these efforts

the River District, acting by and through its Water Projects Enterprise has entered into a contract with the Bureau of Reclamation for

APRIL 2017 RESUME


5,412.5 AF of water from Ruedi Reservoir to satisfy the West Slope’s obligation. The River District contributed significant resources

to the Environmental Assessment used to implement the preferred alternative for supplying the 10,825 water. These efforts are

necessary and appropriate in order for the River District to secure permitting approvals for the construction and operation of water

projects. 2. The River District continues to participate and fund efforts to reduce the salinity of the Colorado River, as well as the

operation of the Colorado River mainstem reservoirs, to ensure to the River District, as well as to the State of Colorado, an adequate

supply of water from the Colorado River as provided by the Colorado River Compacts. 3. The River District expended significant staff

time and financial resources in developing a stakeholder driven alternative management plan to federal wild and scenic designation for

the Colorado River mainstem. 4. The River District expended significant staff time and financial resources during the diligence period

in negotiating the Colorado River Cooperative Agreement (“CRCA”) with Denver Water. The CRCA was the product of five years of

mediated negotiations and resolved various disputes involving both present and future operations on the West Slope. The CRCA

operates as a framework for numerous actions by the various parties to benefit water supply, water quality, recreation, and the

environment. 5. During the diligence period, the River District has been actively engaged in the operation of its Water Marketing

Program. The successful operation of the Water Marketing Program provides for the beneficial use of the HCU Credits which are the

subject of this Application. 6. The River District opposed numerous water right applications during the diligence period in order to

prevent or mitigate adverse effects to its water rights. 7. The River District was involved in litigation, congressional and state

legislative hearings, and review and development of federal and state legislation to ensure continued local ownership of water rights

located on Forest Service lands. 8. In addition to extensive staff time, the River District has expended substantially in excess of one

million dollars in furtherance of the activities described above. D. 73 acre feet of HCU Credits associated with the Moser

Consumptive Use Exchange to Wolford Mountain Reservoir were exchanged from Green Mountain Reservoir to Wolford Mountain

Reservoir during each year of 2012, 2013, 2014, and 2016. The maximum rate of exchange during that period was 4.5 c.f.s. VI. Claim

to make conditional appropriative right of exchange absolute in part. The River District seeks a determination that the Moser

Consumptive Use Exchange to Wolford Mountain Reservoir has been made absolute in the amount 73 acre feet at a rate of 4.5 cfs for

all the beneficial uses identified in Paragraph IV.A.6 above. Additionally, the River District seeks a finding of reasonable diligence for

any portion of the Moser Consumptive Use Exchange to Wolford Mountain Reservoir not made absolute as requested above. VII.

Name and address of owner of land on which structure is or will be located, upon which water is or will be stored, or upon which

water is or will be placed to beneficial use. A. United States of America, Bureau of Reclamation, Eastern Colorado Projects Office,

11056 W.C.R. 18E, Loveland, CO 80537-9711. B. Colorado River Water Conservation District, acing by and through its Colorado

River Water Projects Enterprise, P.O. Box 1120 Glenwood Springs, CO 81602. C. United States of America, Bureau of Land

Management, Kremmling Field Office, P.O. Box 68, Kremmling, CO 80459. D. Water attributable to the Moser Consumptive Use

Exchange to Wolford Mountain Reservoir will be put to beneficial use within the boundaries of the River District, consistent with the

River District’s Water Marketing Program. WHEREFORE, the River District requests that the Court adjudge and decree that the River

District has exercised reasonable diligence in the development of the Moser Consumptive Use Exchange to Wolford Mountain

Reservoir, that the Moser Consumptive Use Exchange to Wolford Mountain Reservoir has been made absolute in the amount 73 acre

feet at a rate of 4.5 cfs for all the beneficial uses identified in Paragraph IV.A.6 above, that any remaining conditional portion of the

water rights be continued in full force and effect, and that a date be set for a subsequent application for a finding of reasonable

diligence. (9 pages)






81601.





must appear to object and protest within the time provided by statute, or be forever barred. 17CW3101 (09CW104; 85CW337) GRAND COUNTY, FRASER RIVER. The Town of Fraser, Colorado (the “Applicant”), by

and through its counsel, Holland & Hart LLP, Christopher L. Thorne, #20003 and Kylie J. Crandall, #41159, 555 Seventeenth Street,

Suite 3200, Denver, CO 80202, Telephone: (303) 295-8000, Facsimile: (303) 291-9135; [email protected], requests

approval of this Application For Finding of Reasonable Diligence (“Application”). In support of this Application, Applicant states as

follows: Town of Fraser, Attn: Town Manager, P.O. Box 370, Fraser, CO 80442, Phone: (970) 726-5491. This application requests a

finding of reasonable diligence on a conditional appropriative right of exchange originally decreed in Case No. 85CW337 for 25 acre

feet of water stored in Granby Reservoir (the “Subject Exchange”) and contracted for by Applicant with the Middle Park Water

Conservancy District (the “District”). The structures to which the Subject Exchange may be operated include Fraser Wells Nos. 1, 2,

3(a), 3(b), 4, 5, and 7 through 9 (together, the “Fraser Wells”). The locations of the Fraser Wells are shown on Figure 1, at tached to

the Application. Information from previous decree: Original decree: Case No. 85CW337 (Water Div. 5), decree dated October 25,

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1989. Findings of reasonable diligence were made by this Court, and the conditional water rights were continued, on August 26, 2003

in Case No. 02CW59, and on April 3, 2011 in Case No. 09CW104. Decreed point of diversion: Locations of the points of diversion

are as follows: Fraser Well No. 1: In the SE1/4NE1/4 of Section 19, Township 1 South, Range 75 West of the 6th P.M. at a point

1,550 feet South of the North line and 450 feet West of the East line of said Section 19. Fraser Well No. 2: In the NE1/4NE1/4 of

Section 19, Township 1 South, Range 75 West of the 6th P.M. at a point 950 feet South of the North line and 325 feet West of the East

line of said Section 19. Fraser Well No. 3(a): In the SE1/4NE1/4 of Section 19, Township 1 South, Range 75 West of the 6th P.M. at

a point 2,380 feet South of the North line and 300 feet West of the East line of said Section 19. Fraser Well No. 3(b): In the

SE1/4NE1/4 of Section 19, Township 1 South, Range 75 West of the 6th P.M. at a point 2,020 feet South of the North line and 635

feet West of the East line of said Section 19. Fraser Well No. 4: In the NE1/4NE1/4 of Section 19, Township 1 South, Range 75 West

of the 6th P.M. at a point 475 feet South of the North line and 375 feet West of the East line of said Section 19. Fraser Well No. 5: In

the NE1/4NE1/4 of Section 19, Township 1 South, Range 75 West of the 6th P.M. at a point 50 feet South of the North line and 475

feet West of the East line of said Section 19. Fraser Well No. 7: In the NE1/4NE1/4, Section 19, Township 1 South, Range 75 West

of the 6th P.M. at a point 850 feet South of the North line and 770 feet West of the East line of said Section 19. Fraser Well No. 8: In

the NE1/4NE1/4, Section 19, Township 1 South, Range 75 West of the 6th P.M. at a point 280 feet South of the North line and 880

feet West of the East line of said Section 19. Fraser Well No. 9: In the NW1/4NE1/4, Section 19, Township 1 South, Range 75 West

of the 6th P.M. at a point 360 feet South of the North line and 1470 feet West of the East line of said Section 19. Description of

Exchange Reach: Pursuant to paragraph 5 of the Original Decree, the “effected reach” (the “Exchange Reach”) is between the Fraser

Wells, and the “confluence of the Fraser and Colorado Rivers in Section 25, Township 2 North, Range 77 West of the 6th P.M.”. See

Figure 2, attached to and incorporated in the Application, for a depiction of the Exchange Reach. As a supplement to but not a

modification of the Original Decree, the Fraser Wells can be characterized as the upstream termini of the Subject Exchange, and the

confluence of the Fraser and Colorado Rivers can be characterized as the downstream terminus of the Subject Exchange. For location

purposes only, the confluence of the Fraser and Colorado Rivers is located in the SW1/4 SW1/4 of Section 25, Township 2 North,

Range 77 West of the 6th P.M., at a point 4,700 feet from the East line, and 590 feet from the South line. Appropriation Date: July 11,

1985. Amount and Rate of Exchange: 25 acre feet. The Original Decree is silent regarding the Subject Exchange’s rate of exchange.

However, the decreed rates of diversion for the Fraser Wells are set forth below. Because the Fraser Wells are the exchange to points,

and they are decreed for a total diversion amount of 3.3 cfs, Applicant recognizes that the operation of the Subject Exchange will not

exceed 3.3 cfs. Fraser Well No. 1 at 0.33 cfs (150 gpm); Fraser Well No. 2 at 0.44 cfs (200 gpm); Fraser Well No. 3(a) at 0.22 cfs (100

gpm); Fraser Well No. 3(b) at 0.33 cfs (150 gpm); Fraser Well No. 4 at 0.44 cfs (200 gpm); Fraser Well No. 5 at 0.44 cfs (200 gpm);

Fraser Well No. 7 at 0.33 cfs (150 gpm); Fraser Well No. 8 at 0.33 cfs (150 gpm); Fraser Well No. 9 at 0.44 cfs (200 gpm) for a total

of 3.3 cfs (1,500 gpm). Source of Water: Fraser River, tributary to the Colorado River. Decreed Use: Pursuant to paragraph 6 of the

Original Decree, the purpose of the Subject Exchange is to allow diversions from the Fraser Wells, via exchange, when the water

rights associated with the Fraser Wells may not otherwise be in priority. The Fraser Wells, to which this Subject Exchange can be

operated, are decreed for irrigation, domestic, industrial and all other municipal uses. Place of Use: The Original Decree does not

specify a place of use, however, Applicant recognizes that the Subject Exchange will be used within the municipal boundaries and the

water service areas for the Town, as those boundaries currently exist and as they may be modified in the future. As decreed in Case

No. 09CW104, the Subject Exchange is one component of an integrated water supply system serving the Town of Fraser, known as

the “Fraser Water System.” A detailed description of the work done to complete the appropriation is in the Application on file with the

Court. Name and address of owners of land on which the exchange to structures (the Fraser Wells) are located and upon which water

is placed to beneficial use: (a) Applicant; (b) George Clayton, P.O. Box 26, Fraser, CO 80442; (c) Cristie G. Taylor, P.O. Box 1741,

Fraser, Colorado 80442; (d) Michael D. Emal and Robert C. Emal, P.O. Box 96, Fraser, Colorado 80442; and (e) Condominiums Y

Desarrollos Terra-Nova, P.O. Box 511, Tabernash, CO 80478. Applicant respectfully requests that the Court enter an order and

decree: confirming that the activities outlined in this Application are sufficient to support a finding of reasonable diligence on the

Subject Exchange; Applicant has been reasonably diligent in developing the Subject Exchange for all decreed uses, and continuing the

Subject Exchange, as conditional, for all decreed uses in full force and effect in accordance with the original decree; and granting such

other relief as the Court deems just and proper.






81601.






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17CW3102 (83CW76, 88CW388, 96CW105, 02CW283, 10CW113) District Court in and for Water Div. 5, State of Colorado,

108 8th

Street, Suite 104, Glenwood Springs, CO. 81601. MESA COUNTY, Colorado River. Applicant: Hydro-West, Inc., P.O.

Box 745, Telluride, Colorado 81435 c/o Peter R. Black; Traylor, Black & Kane, P.C., 751 Horizon Ct., Suite 200, Grand Junction, CO

81506, (970) 242-2636. APPLICATION TO MAKE CONDITIONAL WATER RIGHTS ABSOLUTE, IN PART, AND FOR

FINDING OF REASONABLE DILIGENCE. Overview: By this Application, Hydro-West, Inc., Applicant, seeks to make absolute,

in part, 100 cfs of its decreed conditional water rights and further seeks a finding of reasonable diligence on that portion of is water

rights that remain conditional, as more specifically described in its Application. Applicant owns conditional surface water rights

decreed for the generation of hydroelectric power to be diverted directly from the Colorado River at the Price Stubb Dam east of

Palisade, CO as previously decreed by the District Court in and for Water Division 5 in: 83CW76 (December 10, 1984), 88CW388

(March 20, 1990), 96CW105 (October 11, 1996), 02CW283 (May 24, 2004), and 10CW113 (April 3, 2011). Structure: Peach Queen

Power Canal. Location: Price Stubb Dam, east of Palisade, CO. Legal Description: The point of diversion is located on the West Bank

of the Colorado River at a point whence the SE corner of Section 3, T11S, R98W of the 6th P.M. bears S. 11 degrees, 01 minutes East

4,401.03 feet. Further, using the decreed bearing and distance from the SE corner of Section 3, the location is at a point 4,320.17 feet

from the south section line and 839.76 feet from the east section line, which is in the NE1/4 of the NE1/4 of Section 3, T11S, R98W,

6th P.M. Source: Colorado River. App. Date: December 20, 1980. Amount: 2,077 cfs. Use: Hydroelectric power generation. Claim for

Finding of Reasonable Diligence: The Application and its Exhibits B and C contain a detailed description of what has been done

toward completion of the appropriation of the Peach Queen Power Canal conditional water right and application of water to beneficial

use during the diligence period, including expenditures. Applicant seeks a finding of diligence and a conditional decree in the amount

of 1,977 cfs. Claim to Make Partially Absolute: Pursuant to the April 22, 2005 Donation Contract and Grant of Easement (“Donation

Contract”) between Hydro-West, Inc. and the United States Bureau of Reclamation (“USBOR”) recorded June 5, 2005 in Book 3916,

Pages 242-253 of the books and records of the Mesa County Clerk and Recorder, 100 cfs of Applicant’s conditionally decreed water

rights were diverted to operate the 900 foot long USBOR Price Stubb Dam Fish Passage; the construction of which was completed in

April, 2008. Said 100 cfs diversion began immediately upon completion of construction of the Fish Passage in April, 2008 and the

Fish Passage has used the 100 cfs in continuous operation since then. Applicant seeks an absolute decree in the amount of 100 cfs

confirming that the water was put to beneficial use as of April 30, 2008. Name and Address of Landowner: Town of Palisade,

Colorado, P.O. Box 128, Palisade, CO 81526.






81601.






17CW3103 GARFIELD COUNTY, SOURCE: EAST DIVIDE CREEK, TRIB. TO COLORADO RIVER. Application for

Finding of Reasonable Diligence. Applicant: Sadowski Family Partnership, c/o Sara M. Dunn, Esq., Eric M. Theile, Esq., Balcomb &

Green, P.C., Post Office Drawer 790, Glenwood Springs, CO 81602. Prior Decrees: Original decree entered on 8/26/97 Case No.

96CW347, Water Div. 5. A finding of reasonable diligence entered 5/10/04 Case No. 03CW184, Water Div. 5. A finding of

reasonable diligence and to make absolute in part entered 4/3/11 Case No. 10CW134, Water Div. 5. Rose Well No. 1. Legal

Description: SW1/4 NE1/4 of Sec. 32, T. 7 South, R. 90 W. of the 6th P.M., 2900 ft. from the S. sec. line and 2600 ft. from the E. sec.

line of Sec. 32. Amt: 15 g.p.m. (0.033 c.f.s.), cond. Use: domestic use in one single family dwelling, irrigation of one acre of lawn

and garden, livestock watering and fire protection purposes. Date of Approp.: 12/02/1996. Rose Pond No. 1. Legal Description:

outlet located in Sec. 32, T. 7 S., R. 90 W. of the 6th P.M., 1850 feet from the S. sec. line and 3800 feet from the E. Sec. line of Sec.

32. Amt: 8 AF, cond. Use: Livestock and wildlife watering, fire protection, piscatorial and wetlands creation. Date of Approp.:

07/01/1991. Rose Pond No. 2. Legal Description: outlet located in Sec. 32, T. 7 S., R. 90 W. of the 6th P.M., 2100 ft. from the S. sec.

line and 3500 ft. from the E. sec. line of Sec. 32. Amt: 5 AF, cond. Use: Livestock and wildlife watering, fire protection, piscatorial

and wetlands creation. Date of Approp.: 07/01/1991. Rose Pond No. 3: Legal Description: outlet located in Sec. 32, T. 7 S., R. 90 W.

of the 6th P.M., 2150 ft. from the S. sec. line and 3300 ft. from the E. sec. line of Sec. 32. Amt: 5 AF, cond. Use: Livestock and

wildlife watering, fire protection, piscatorial and wetlands creation. Date of Approp.: 07/01/1991. Rose Pond No. 4. Legal

Description: outlet located in Sec. 32, T. 7 S., R. 90 W. of the 6th P.M., 2300 ft. from the S. sec. line and 3050 ft. from the E. sec. line

of Sec. 32. Amt: 5 AF, cond. Use: Livestock and wildlife watering, fire protection, piscatorial and wetlands creation. Date of Approp.:

07/01/1991. Rose Pond No. 5. Legal Description: outlet located in Sec. 32, T. 7 S., R. 90 W. of the 6th P.M., 2350 ft. from the S. sec.

line and 2850 ft. from the E. sec. line of Sec. 32. Amt: 5 AF, cond. Use: Livestock and wildlife watering, fire protection, piscatorial

and wetlands creation. Date of Approp.: 07/01/1991. Rose Pond No. 6: Legal Description: outlet located in Sec. 32, T. 7 S., R. 90 W.

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of the 6th P.M., 2350 ft. from the S. sec. line and 2600 ft. from the E. sec. line of Sec. 32. Amt: 15 AF, cond. Use: Livestock and

wildlife watering, fire protection, piscatorial, wetlands creation, domestic, augmentation and exchange. Date of Approp.: 07/01/1991.

Rose Pond No. 7. Legal Description: outlet located in Sec. 32, T. 7 S., R. 90 W. of the 6th P.M., 2250 ft. from the S. sec. line and

2200 ft. from the E. sec. line of Sec. 32. Amt: 20 AF, cond. Use: Livestock and wildlife watering, fire protection, piscatorial, wetlands

creation, domestic, augmentation and exchange. Date of Approp.: 07/01/1991. Rose Pond No. 8. Legal Description: outlet located in

Sec. 32, T. 7 S., R. 90 W. of the 6th P.M., 600 ft. from the S. sec. line and 3850 ft. from the E. sec. line of Sec. 32. Amt: 5 AF, cond.

Use: Livestock and wildlife watering, fire protection, piscatorial and wetlands creation. Date of Approp.: 07/01/1991. Name and

address of owner of land upon which any new diversion or storage structure will be located: Applicant. A detailed outline of what has

been done toward completion or for completion of the Approp. and application of water to a beneficial use as conditionally decreed,

including expenditures is included in the Application on file with the Water Court (8 pgs., 1 Ex. Map)






81601.





must appear to object and protest within the time provided by statute, or be forever barred. 17CW3104 GARFIELD COUNTY, COLORADO, SOUTH CANYON CREEK, COLORADO RIVER. Joe Russell Hood and

Jesse Frank Hood, 4767 County Road 134 Glenwood Springs, CO 81601, direct all correspondence to Michael J. Sawyer, Karp Neu

Hanlon, P.O. Drawer 2030, Glenwood Springs, CO 81602; APPLICATION FOR FINDING OF REASONABLE DILIGENCE

AND FOR CHANGE OF WATER RIGHT. Date of original decree and Subsequent decrees – all subject rights: May 19, 1986, in

Case No. 81CW425, Division No. 5, Case No. 90CW87, entered on August 14, 1990, Case No. 96CW139, entered on October 15,

1996. and Case No. 02CW261, entered on February 17, 2004, and Case No. 10CW31, entered on April 3, 2011. Location: The

decreed location of the Frank Reservoir is described as being in the SE1/4 of the NW1/4 of Section 26, Township 6 South, Range 90

West of the 6th P.M. with the Northeasterly abutment of the dam being located at a point whence the Center Quarter Corner of said

Section 26 bears S. 25°00' East 1,050 feet. Source: South Canyon Creek, tributary to the Colorado River. Appropriation date: June 1,

1980. Amount and use: 68.0 acre-feet, conditional, for irrigation, domestic, piscatorial, and recreational purposes, and 64.0 acre-feet,

conditional, for livestock watering purposes. 4.0 acre-feet was confirmed absolute for livestock watering purposes in Case No.

02CW261. First Claim: For Diligence. Frank Reservoir. Remarks: The decreed location of the Frank Reservoir’s dam abutment, as

described by bearing and distance from the Center Quarter Corner of Section 26, is within the NE1/4 of the NW1/4 of Section 26,

Township 6 South, Range 90 West of the 6th P.M. This location can alternatively be described as UTM coordinates (Zone 13, NAD

1983 Datum) Easting: 292737, Northing: 4375550. Landowner: Applicants. Diligence: The Application contains a detailed

outline of what has been done towards perfecting the appropriation of the subject conditional water right. Second Claim: For

Change of Water Right to Add Alternate Points of Storage. Frank Reservoir. Use: All approved uses, which include irrigation,

domestic, livestock water, piscatorial and recreational. Proposed change: Applicant seeks to add two alternate points at which the

Frank Reservoir water can be stored. Alternate Point No. 1: Amount: 3.5 acre-feet; Location: UTM coordinates (Zone 13, NAD 1983

Datum) Easting: 292732, Northing: 4375776. Alternate Point No. 2: Amount: 3.5 acre feet; Location: UTM coordinates (Zone 13,

NAD 1983 Datum) Easting: 292795, Northing: 4375263. The water rights location map attached to Application as Exhibit A depicts

the location of Alternate Point No. 1 and Alternate Point No. 2. Landowner: Applicants. (7 pp. including exhibits).






81601.






17CW3105 (09CW9, 99CW319) GARFIELD COUNTY – CATTLE CREEK ALLUVIUM, TRIBUTARY TO ROARING

FORK RIVER. Turnberry Ranch, LLC, c/o Scott C. Miller, Esq. Danielle L. Van Arsdale, Esq., Patrick, Miller & Noto, P.C., 229

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Midland Ave., Basalt, CO 81621 (970) 920-1030. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. First Claim:

Cattle Creek Well No. 1. Original decree: April 24, 1978, Case No. W-3488, Division 5 Water Court. Legal: NE¼, NW¼, Section 8,


P.M., at a point approximately 500 feet South of the North line and 1,700 feet East of the

West line of said Section 8. Source: Cattle Creek Alluvium, tributary to Roaring Fork River. Appropriation date: June 9, 1977.

Amount: 0.20 c.f.s. Use: Municipal, irrigation and domestic. Second Claim: Cattle Creek Well No. 2. Original decree: April 24, 1978,

Case No. W-3489, Division 5 Water Court. Legal: NW¼, NW¼, Section 8, Township 7 South, Range 87 West of the 6th

P.M., at a

point approximately 800 feet South of the North line and 1,150 feet East of the West line of said Section 8. Source: Cattle Creek

Alluvium, tributary to Roaring Fork River. Appropriation date: June 9, 1977. Amount: 0.20 c.f.s. Use: Municipal, irrigation and

domestic. Third Claim: Cattle Creek Well No. 3. Original decree: April 24, 1978, Case No. W-3490, Division 5 Water Court. Legal:

SE¼, SW¼, Section 5, Township 7 South, Range 87 West of the 6th

P.M., at a point approximately 175 feet North of the South line

and 2,450 feet East of the West line of said Section 5. Source: Cattle Creek Alluvium, tributary to Roaring Fork River. Appropriation

date: June 9, 1977. Amounts: 0.20 c.f.s. Use: Municipal, irrigation and domestic. Fourth Claim: Cattle Creek Reservoir. Original

decree: April 24, 1978, Case No. W-3491, Division 5 Water Court. Legal: NE¼, SW¼, Section 8, Township 7 South, Range 87 West

of the 6th

P.M., at a point whence the SW corner of Section 8 bears S. 47 ˚00’ West a distance of 2,450 feet. The Southeast corner of

the dam is located at appoint approximately 1,770 feet from the South section line and 1,790 feet from the West section line. Source:

Cattle Creek and Cattle Creek Well Nos. 1-3. Appropriation date: June 8, 1977. Amount: 60 acre-feet. Use: Irrigation, domestic,

industrial, municipal, recreational and subdivision purposes. Fifth Claim: Cattle Creek Reservoir No. 2. Original decree: April 15,

1998. Case No. 96CW296, Division 5 Water Court. Legal: S½, of the SW¼ of Section 5 and the N½ of the NW¼ of Section 8,

Township 7 South, Range 87 West of the 6th P.M. The South edge of the proposed pond is located at a point whence the Northwest

corner of Section 8, Township 7 South, Range 87 West of the 6th P.M. bears North 83 ˚15’ West 1,630 feet. Source: Sources decreed

to Cattle Creek Reservoir and Cattle Creek Reservoir Feeder Ditch. Appropriation date: November 27, 1996. Amount: 20 acre-feet.

Use; Irrigation, domestic, industrial, municipal, recreational, subdivision purposes, aesthetic, piscatorial and wildlife propagation. PYP

LLC, 8076 County Road 113, Carbondale, CO 81623 owns the land where Cattle Creek Well Nos. 1-3, C and D, and Cattle Creek

Reservoir No. 2 are located. Applicant owns the land where Cattle Creek Reservoir is located and on which all the above water rights

will be used. A map of the above water rights is on file with the court as Exhibit A. A list of work done towards appropriation of the

above water rights is on file with the court as Exhibit B.






81601.





must appear to object and protest within the time provided by statute, or be forever barred. 17CW3106 GARFIELD COUNTY Application for Finding of Reasonable Diligence of Puckett Land Company and The Oil Shale

Corporation in Garfield County. Co-Applicant: Puckett Land Company (“Puckett”), Attn: Eric R. Stearns, President & CEO, 5460 S.

Quebec Street, #250, Greenwood Village, CO 80111-1917, (303) 762-1000, [email protected]. Please address all

correspondence to: Peter D. Nichols, Megan Gutwein, Berg Hill Greenleaf Ruscitti LLP, 1712 Pearl Street, Boulder, CO 80302, (303)

402-1600. Co-Applicant: The Oil Shale Corporation (“TOSCO”), c/o Keri Hutchins, ConocoPhillips Co., 3401 East 30th Street,

Farmington, NM 87402. Please address all correspondence to: Jacques S. Ruda, 6000 East Evans Ave., #1-211, Denver, CO 80222,

Telephone: (303) 297-3800, Fax: (303) 297-9417, [email protected]. 2. Names of structures: The Oil Shale Corporation

Pipeline and Pumping Plant. 3. Description of Conditional Water Rights: A. Original Decree: November 10, 1966, Case No.

CA4914, Water Division No. 5. B. Subsequent Decrees: W-121 (June 22, 1971, diligence); W-698 (January 4, 1973, diligence); W-

2785 (January 27, 1977, change); W-698-76 (April 21, 1977, diligence); 80CW222 (November 24, 1980, diligence); 84CW128

(October 25, 1984, diligence); 88CW193 (December 4, 1989, diligence); 95CW301 (July 30, 1996, diligence); 02CW200 (October 14,

2003, diligence); 09CW159 (April 4, 2011, diligence). C. Legal Description: On the right bank of the Colorado River at a point

whence the SE corner of Section 32, T6S, R95W of the 6th P.M. bears North 77º 37’ West, 122.16 feet. By the decree entered on

January 27, 1977 in Case No. W-2785, an alternate point of diversion was approved for the water right on the right bank of the

Colorado River at a point whence the East 1/4 corner of Section 6, T7S, R95W, of the 6th P.M., bears North 35º 00’ East, 1,880 feet.

The locations of the points of diversion are shown on the map attached hereto as Exhibit 1. D. Alternate Legal Descriptions: The

decreed locations for the original and alternate point of diversion are set forth above. For purposes of this Application only, estimated

alternate legal descriptions are provided, as shown on Exhibit 1. The decreed location for the original point of diversion is estimated

to be in the NW 1/4 of the NW 1/4 of Section 4, T7S, R95W, 6th P.M., Garfield County, 119 feet from the west line and 22 feet from

the north line of said Section 4. The decreed location for the alternate point of diversion is estimated to be in the SE 1/4 of the SE 1/4

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of Section 6, T7S, R95W, 6th P.M., Garfield County, 1,033 feet from the south line and 1,072 feet from the east line of said Section 6.

E. Source of Water: Colorado River and water stored in and released from Green Mountain Reservoir discharged into the

Blue River and thence into the Colorado River. F. Appropriation Date: December 3, 1956. G. Amount: 100 c.f.s. H. Use:

Industrial, mining, retorting, refining, power, domestic and all other uses necessary and related to the production of oil shale and its

byproducts. 4. Application for Finding of Reasonable Diligence. A. Co-Applicant Puckett: Puckett is a Colorado corporation that

holds interests in approximately 44,300 acres of lands in Garfield and Rio Blanco Counties, Colorado, as shown on Exhibit 2. The

conditional water rights that are the subject of this Application were appropriated and are needed for the commercial development of

Puckett’s oil, gas, coalbed methane, and/or oil shale minerals associated with these lands, including industrial, domestic, recreational,

and other beneficial uses associated with such development. 1. Puckett’s Integrated System: The subject water rights are part of a

decreed integrated system for the benefit of Puckett’s lands in Garfield and Rio Blanco Counties. Pursuant to the decrees in Case Nos.

95CW298, 02CW16, 02CW161, 02CW162, 07CW239, 07CW244, 07CW245, 07CW246, 09CW16, 10CW39, and 10CW40, Water

Division 5, the other parts of the integrated system include but are not limited to the Thompson Creek Reservoir, the TOSCO Pumping

Plant and Pipeline, the DOW Pumping Plant and Pipeline, and the Eaton Pipeline No. 1. Each structure and water right of the system

has a direct bearing on, and is necessary for the functioning of, the entire system. Accordingly, diligence with respect to any part of

the system constitutes diligence with respect to the entire system. C.R.S. § 37-92-301(4)(b). B. Co-Applicant Conoco. Co-

Applicant, The Oil Shale Corporation, is a Delaware Corporation qualified to do business in the State of Colorado. The Oil Shale

Corporation is a wholly-owned subsidiary of ConocoPhillips Company and has been since January 1, 2003. Collectively, The Oil

Shale Corporation and ConocoPhillips Company are referred to as “Conoco.” Conoco holds interests in fee in over 37,700 acres of oil

shale lands in Garfield and Rio Blanco counties, as shown on Exhibit 3. The subject conditional water right is necessary for

development of the energy resources associated with the aforementioned lands. 1. Conoco’s Integrated System. The subject

conditional water rights are part of Co-Applicant Conoco’s White River Water Development System. That system includes, but is not

limited to, the Ertl Pipeline (decreed in CA 1269), alternate point of diversion decreed in Case Nos. 80CW503, 81CW16 and

81CW17), the Miller Creek Reservoir and Enlargement (Decreed in W-278 and 79CW352), the Story Gulch/Parachute Creek Pipeline

(decreed in W-279, alternate point of diversion decreed in Case Nos. 80CW503, 81CW16 and 81CW17), the Ohio/Ertl Pipeline

(decreed in W-280, alternate point of diversion decreed in Case Nos. 80CW503, 81CW16 and 81CW17), the Hunter Creek Reservoir

(W-276), the Story Gulch Reservoir and Enlargement (decreed in W-277 and 79CW354), Bute No. 25 Well (W-3499), TG 71-3 Well

(W-3561), TG 71-4 Well (W-3562), TG 71-5 Well (W-3563), S.G. No. 20 Well (W-3543), Camp Bird 12 Well (W-3575), Camp Bird

12A Well (W-3577), Ohio No. 41 Well (W-3576), Liberty Bell No. 12 Well (W-3578), Oldland Brothers No. I-4 Well (W-3500), the

Miller Creek Pumping Pipeline (79CW355), and the Trail Gulch Reservoir (CA 6404 alternate place of storage 79CW353). These

rights, together with the subject conditional water right, and Conoco’s other conditional water rights in the Colorado River Basin, have

been acquired and developed to provide a water development system, which will provide a flexible system of interdependent water

diversions, reservoirs, pipelines, wells and other rights to optimize the efficient beneficial use of water for oil shale development and

other purposes and to minimize economic and environmental costs. When the water development system is completed and the water

appropriated thereby is put to beneficial use, the water from these and other rights will be commingled in the various water structures

owned by the Applicant, and as a result, each of the individual rights are an inherent and contributory part of the entire system. Thus,

development and expenditures with respect to any individual part of the system benefit both the whole system and its individual parts.

The Court has previously ruled that the subject conditional water right is part of the Applicants’ water systems in Case No.

2002CW200. 2. Oil Shale Research and Development. The commercial development of oil shale is a necessary prerequisite to

beneficial use of the water rights described herein and Conoco has expended considerable effort towards commercial development of

oil shale and oil shale plants of commercial size, since April, 2011. Conoco’s work includes: a. Research regarding environmental,

health and social issues related to development, assessment of available oil shale and water resources, and availability of permits and

other approvals; b. Engineering assessments regarding existing and new technology for commercial development; c. Evaluation of

the technical feasibility of storage facilities and pump/pipeline facilities for Conoco’s integrated systems of water rights for

development of oil shale; d. Evaluation of the economics of oil shale development; and e. Evaluation of the water requirements for

Conoco’s planned oil shale development. f. In summary, Conoco has conducted extensive research and study and has expended

substantial sums in connection with developing improvements in its development processes for Oil Shale. 3. Conoco has also

conducted activities to manage the surface of its oil shale lands in Garfield and Rio Blanco Counties, Colorado, including negotiating

right-of-way and other agreements with other landowners and oil shale claim owners, negotiating grazing leases to manage the surface

property, negotiating resource development leases, and the development and management of a man camp at the Ertl Dutton tract. C.

Economic Conditions. Energy prices are notoriously volatile and are driven by a wide variety of factors including supply, demand,

geo-politics, and severe weather. See, e.g., U.S. Energy Information Administration, Energy Price Volatility and Forecast Uncertainty

(Oct. 2009). Economic conditions such as low oil prices have prevented the development of oil shale, but economists are predicting

that world energy prices, led by oil, will increase in the near future. See, e.g. World Bank, World Bank Raises 2017 Oil Price Forecast

(Oct. 20, 2016); U.S. Energy Information Administration, Crude oil prices expected to increase slightly through 2017 and 2018 (Jan.

12, 2017). Current economic conditions are adverse to oil shale production. Pursuant to section 37-92-301(4)(c), C.R.S. (2016),

current economic conditions beyond the control of applicant that adversely affect the feasibility of perfecting a conditional right shall

not be considered sufficient to deny a diligence application so long as other facts and circumstances that show diligence are present.

D. Diligence Activity Co-Applicant Puckett: During this diligence period, in continuing the development of the conditional water

APRIL 2017 RESUME


rights, Puckett has been engaged in the legal defense and protection of the subject water rights and has been diligent in the continued

development of the water rights involved, including expenditures for legal, consulting, and engineering work. The foregoing activities

are described in more detail as follows. 1. Puckett completed adjudication in the Division 5 Water Court of its change to its

conditional Dow Pumping Plant and Pipeline, along with other absolute and conditional water rights, in Case No. 07CW239. Puckett

filed the application in Case No. 07CW239 to adjudicate changes of several of its absolute and conditional water rights as components

of its integrated water supply system in order to provide a year-round water supply for oil and gas development, drilling and

production operations, oil shale development and production, temporary and permanent employee and support personnel housing,

commercial office space, a hunting lodge, livestock grazing, and other uses associated with oil, gas, and oil shale development and

production. For this purpose, Puckett also adjudicated new surface water rights in Case No. 07CW246, underground water rights in

Case No. 07CW244, water storage rights in Case No. 07CW245, and a plan for augmentation in Case No. 09CW16. 2. Puckett

applied for conditional water storage rights in East Haystack Reservoir and West Haystack Reservoir in Case No. 16CW3178.

Pursuant to these claimed rights, Puckett will store Dow Pumping Plant and Pipeline water in the reservoirs at a rate of 20 cfs, and it

will store Eaton Pipeline No. 1 water in the reservoirs at a rate of 10 cfs. 3. Puckett applied for a finding of reasonable diligence for

its Dow Pumping Plant and Pipeline and Eaton Pipeline No. 1 water rights in Case No. 17CW3021. Concurrently with the filing of

this application, Puckett applied for findings of reasonable diligence for its Thompson Creek Reservoir water right, and its Starkey

Gulch Reservoir, South Starkey Gulch Reservoir, and Sinclair Pumping Plant & Pipeline water rights. These water rights are all part

of an integrated system as noted above at ¶ 4.B. 4. Puckett attended various meetings, conferences (Colorado Water Congress,

webinars, and seminars) to understand state and local water programs and the Colorado Water Plan developed by the Colorado Water

Conservation Board, Interbasin Compact Committee, and Yampa River Basin Roundtable. 5. Puckett reviewed the water resume of

applications as published by the Water Court for Water Division 5 for protection of the subject conditional rights. As a result, Puckett

has filed Statements of Opposition to numerous applications in the Parachute Creek and Colorado River basins, and participated in

these cases to prevent injury to the subject conditional water right. Puckett expended approximately $142,219.63 on legal services to

protect and develop its water rights in the Parachute Creek and Colorado River basins, and $13,350 on engineering services in

connection with this work. E. Diligence Activity Co-Applicant Conoco: During this diligence period, in continuing the development

of the conditional water rights, Conoco has been engaged in the legal defense and protection of the subject water rights and has been

diligent in the continued development of the water rights involved, including expenditures for legal, consulting, and engineering work.

The foregoing activities are described in more detail as follows. 1. Conoco has expended in excess of $628,612.00 on the work and

studies detailed below. 2. Conoco incurred substantial costs in excess of $768,250.17, in addition to those listed above for outside

legal services, outside consulting fees, in house salaries and expenses in the maintenance of its water rights between April, 2011, and

April, 2016. a. All of the above expenditures were necessary to forecast the effect of these water rights on the river system, to

evaluate the dependability of supply, to conform with ecological requirements and to inform Applicant of the relative merits of

specific facilities and projects. Such expenditures and reports were necessary prerequisites to the development of this right. 3.

Bishop-Brogden Associates, Inc., consulting engineers, has investigated regional ground water parameters and has visited the site of

the water rights owned by Conoco in the Piceance Basin on several occasions. 4. Since April, 2011, in addition to those engineering

costs detailed above, Conoco has invested in gaging studies, gauging equipment, site surveys, correlation studies, ecological studies

and hydrological studies on its water rights in the Piceance Basin. Conoco believes that at such time as the commercial development

of oil shale commences, all its water rights will be necessary for the construction and operation of its oil shale related projects. 5.

Bishop-Brogden and Associates has conducted, since April, 2011, ongoing studies regarding the projected water need of Conoco’s

proposed oil shale projects and the projected water yield of Conoco’s integrated portfolio of oil shale water rights. 6. Conoco has

worked to protect its water rights during the diligence period by opposing water right applications that could potentially injure the

water rights that are part of its integrated system and negotiating with other water users to ensure its water rights are adequately

protected. 7. Conoco has also filed for diligence for the following water rights in its integrated White River Water Development

System: Bute No. 25 Well (W-3499); Oldland 1-4 Well (W-3500); TG 71-3 Well (W-3561); TG 71-4 Well (W-3562); TG 71-5 Well

(W-3563); S.G. No. 20 Well (W-3543); Camp Bird 12A Well (W-3577); Ohio No. 41 Well (W-3576); Camp Bird 12 Well (W-3575);

and Liberty Bell No. 12 Well (W-3578). 5. Location of proposed area to be irrigated: The conditional water rights are primarily

industrial water rights for uses associated with energy production. Co-Applicants anticipate that some irrigation may occur in

connection with the industrial uses. The lands on which such incidental irrigation use by Co-Applicants or Co-Applicants’ contractees

may occur include the lands shown on Exhibits 2 and 3. 6. Land ownership information: Exxon Corporation, P.O. Box 53, Houston,

Texas 77001; Barry J. Hicks and Key Equity Holdings, Inc., 8895 Highway 6 and 24, Parachute, Colorado 81635. WHEREFORE,

Co-Applicants seek entry of a decree confirming that the Co-Applicants have exercised reasonable diligence toward completion of the

appropriations for the decreed uses, and continuing the subject conditional water rights in full force and effect for another six-year

diligence period. (total pgs. 14, including exhibits)






81601.

APRIL 2017 RESUME







17CW3107 PITKIN COUNTY Application for Finding of Reasonable Diligence of Puckett Land Company in Pitkin County.

Applicant: Puckett Land Company (“Puckett”), Attn: Eric R. Stearns, President & CEO, 5460 S. Quebec Street, #250 Greenwood

Village, CO 80111-1917, (303) 762-1000, [email protected]. Please address all correspondence to: Peter D. Nichols,

Megan Gutwein, Berg Hill Greenleaf Ruscitti LLP, 1712 Pearl Street, Boulder, CO 80302, (303) 402-1600. 2. Names of structures:

A. Thompson Creek Reservoir. 3. Description of Conditional Water Rights: A. Thompson Creek Reservoir. 1. Original Decree:

November 5, 1971, Case No. CA5884, Garfield County District Court. 2. Subsequent Decrees: W-862 (March 15, 1973, diligence);

W-862-76 (March 7, 1977, diligence); 80CW223 (January 30, 1981, diligence); 84CW135 (October 29, 1984, diligence); 88CW191

(December 4, 1989, diligence); 95CW298 (June 25, 1996, diligence); 02CW161 (February 18, 2004, diligence, municipal use

cancelled); 10CW40 (April 4, 2011, diligence). 3. Legal Description: The initial point of survey for said reservoir is located on the

left abutment of the dam at a point whence the SE corner of Section 21, Township 8 South, Range 88 West of the 6th P.M., bears

North 55º 57’ East, a distance of 6,119 feet. 4. Alternate Legal Description: The decreed location for the reservoir is set forth above.

For purposes of this application only, an estimated alternate legal description is provided, as shown on Exhibit 1. The decreed

location of the initial point of survey for the reservoir is estimated to be in the NW 1/4 of the SW 1/4 of Section 28, Township 8

South, Range 88 West, 6th P.M., Pitkin County, Colorado, at a point 252 feet from the West line and 1,774 feet from the South line of

said Section 28. 5. Source of Water: Thompson Creek, tributary to the Crystal River, tributary to the Roaring Fork River,

tributary to the Colorado River. 6. Appropriation Date: December 17, 1966. 7. Amount: 23,893 acre-feet (conditional). 8. Use:

Industrial, domestic, recreational, irrigation, power, mining, and all other purposes and uses necessary and related to the production of

shale oil and its by-products, including all domestic purposes incident to the maintenance of a general camp and community and the

inhabitants of such general camp and community. The decree entered in Case No. 2002CW161 cancelled municipal use for the

Thompson Creek Reservoir conditional water right. 4. Application for Finding of Reasonable Diligence. A. Background: Puckett is

a Colorado corporation that holds interests in approximately 44,300 acres of lands in Garfield and Rio Blanco Counties, Colorado, as

shown on Exhibit 2. The conditional water rights that are the subject of this Application were appropriated and are needed for the

commercial development of Puckett’s oil, gas, coalbed methane, and/or oil shale minerals associated with these lands, including

industrial, domestic, recreational, and other beneficial uses associated with such development. B. Integrated System: The subject

water rights are part of a decreed integrated system for the benefit of Puckett’s lands in Garfield and Rio Blanco Counties. Pursuant to

the decrees in Case Nos. 95CW298, 02CW16, 02CW161, 02CW162, 07CW239, 07CW244, 07CW245, 07CW246, 09CW16,

10CW39, and 10CW40, Water Division 5, the other parts of the integrated system include but are not limited to the Starkey Gulch

Reservoir, South Starkey Gulch Reservoir, Sinclair Oil and Gas Company Pumping Plant & Pipeline, the TOSCO Pumping Plant and

Pipeline, the DOW Pumping Plant and Pipeline, and the Eaton Pipeline No. 1. Each structure and water right of the system has a

direct bearing on, and is necessary for the functioning of, the entire system. Accordingly, diligence with respect to any part of the

system constitutes diligence with respect to the entire system. C.R.S. § 37-92-301(4)(b). C. Economic Conditions: The commercial

development of oil shale is one prerequisite to beneficial use of water under the subject conditional water rights. Energy prices are

notoriously volatile and are driven by a wide variety of factors including supply, demand, geo-politics, and severe weather. See, e.g.,

U.S. Energy Information Administration, Energy Price Volatility and Forecast Uncertainty (Oct. 2009). Economic conditions such as

low oil prices have prevented the development of oil shale, but economists are predicting that world energy prices, led by oil, will

increase in the near future. See, e.g. World Bank, World Bank Raises 2017 Oil Price Forecast (Oct. 20, 2016); U.S. Energy

Information Administration, Crude oil prices expected to increase slightly through 2017 and 2018 (Jan. 12, 2017). Current economic

conditions are adverse to oil shale production. Pursuant to section 37-92-301(4)(c), C.R.S. (2016), current economic conditions

beyond the control of applicant that adversely affect the feasibility of perfecting a conditional right shall not be considered sufficient

to deny a diligence application so long as other facts and circumstances that show diligence are present. D. Diligence Activity:

During this diligence period, in continuing the development of the conditional water rights, Puckett has been engaged in the legal

defense and protection of the subject water rights and has been diligent in the continued development of the water rights involved,

including expenditures for legal, consulting, and engineering work. The foregoing activities are described in more detail as follows.

1. Puckett completed adjudication in the Division 5 Water Court of changes to some of its absolute and conditional water rights, in

Case No. 07CW239. Puckett filed the application in Case No. 07CW239 to adjudicate changes of several of its absolute and

conditional water rights as components of its integrated water supply system in order to provide a year-round water supply for oil and

gas development, drilling and production operations, oil shale development and production, temporary and permanent employee and

support personnel housing, commercial office space, a hunting lodge, livestock grazing, and other uses associated with oil, gas, and oil

shale development and production. For this purpose, Puckett also adjudicated new surface water rights in Case No. 07CW246,

underground water rights in Case No. 07CW244, water storage rights in Case No. 07CW245, and a plan for augmentation in Case No.

09CW16. 2. Puckett applied for conditional water storage rights in East Haystack Reservoir and West Haystack Reservoir in Case

No. 16CW3178. 3. Puckett applied for a finding of reasonable diligence for its Dow Pumping Plant and Pipeline and Eaton Pipeline


APRIL 2017 RESUME


No. 1 water rights in Case No. 17CW3021. Concurrently with the filing of this application, Puckett applied for findings of reasonable

diligence for its Starkey Gulch Reservoir, South Starkey Gulch Reservoir, and Sinclair Pumping Plant & Pipeline water rights, and

The Oil Shale Corporation Pipeline and Pumping Plant water right. 4. Puckett attended various meetings, conferences (Colorado

Water Congress, webinars, and seminars) to understand state and local water programs and the Colorado Water Plan developed by the

Colorado Water Conservation Board, Interbasin Compact Committee, and Yampa River Basin Roundtable. These water rights are all

part of an integrated system as noted above at ¶ 4.B. 5. Puckett reviewed the water resume of applications as published by the Water

Court for Water Division 5 for protection of the subject conditional rights. As a result, Puckett has filed Statements of Opposition to

numerous applications in the Parachute Creek and Colorado River basins, and participated in these cases to prevent injury to the

subject conditional water right. 6. Puckett expended approximately $142,219.63 on legal services to protect and develop its water

rights in the Parachute Creek and Colorado River basins, and $13,350 on engineering services in connection with this work. 5.

Location of proposed area to be irrigated: The conditional water rights are primarily industrial water rights for uses associated with

energy production. Puckett anticipates that some irrigation may occur in connection with the industrial uses. The lands on which such

incidental irrigation use by Puckett or Puckett’s contractees may occur include the lands shown on Exhibit 2. 6. Land ownership

information: U.S. Bureau of Land Management, Colorado River Valley Field Office, 2300 River Frontage Road, Silt, Colorado

81652. WHEREFORE, Applicant seeks entry of a decree confirming that the Applicant has exercised reasonable diligence toward

completion of the appropriations for the decreed uses, and continuing the subject conditional water rights in full force and effect for

another six-year diligence period. (total pgs. 8, including exhibits)






81601.





must appear to object and protest within the time provided by statute, or be forever barred. 17CW3108 GARFIELD COUNTY Application for Finding of Reasonable Diligence of Puckett Land Company in Garfield County.

Applicant: Puckett Land Company (“Puckett”), Attn: Eric R. Stearns, President & CEO, 5460 S. Quebec Street, #250, Greenwood

Village, CO 80111-1917, (303) 762-1000, [email protected]. Please address all correspondence to: Peter D. Nichols,

Megan Gutwein, Berg Hill Greenleaf Ruscitti LLP, 1712 Pearl Street, Boulder, CO 80302, (303) 402-1600. 2. Names of structures:

A. Starkey Gulch Reservoir. B. South Starkey Gulch Reservoir. C. Sinclair Pumping Plant & Pipeline. 3. Description of

Conditional Water Rights: A. Starkey Gulch Reservoir. 1. Original Decree: Aug. 23, 1972, Case No. W-321, Water Division No. 5.

2. Subsequent Decrees: W-321-76 (September 30, 1976, diligence); 80CW259 (February 11, 1981, diligence); 84CW204 (November

16, 1984, diligence); 88CW234 (December 4, 1989, diligence); 95CW300 (June 25, 1996, diligence); 02CW162 (February 18, 2004,

diligence, municipal use cancelled); 10CW41 (March 7, 2011, diligence); 07CW239 (September 25, 2016, change). 3. Legal

Description: The initial point of survey for the reservoir is located at a point whence the SW corner of Section 36, Township 6 South,

Range 97 West of the 6th P.M. bears N 85º37’W, a distance of 8,774 feet. 4. Alternate Legal Description: The decreed location for

the reservoir is set forth above. For purposes of this application only, an estimated alternate legal description is provided, as shown on

Exhibit 1. The decreed location of the initial point of survey for the reservoir is estimated to be in the SW 1/4 of the NE 1/4 of Section

31, Township 6 South, Range 96 West, 6th P.M., Garfield County, Colorado, at a point 1,411 feet from the East line and 2, 190 feet

from the North line of said Section 31. 5. Source of Water: Starkey Gulch, tributary to Parachute Creek, tributary to Colorado

River. 6. Appropriation Date: February 20, 1967. 7. Amount: 7,360 acre-feet (conditional). 8. Use: Industrial, domestic and

irrigation purposes. The decree in Case No. 2002CW162 cancelled municipal use for the Starkey Gulch Reservoir conditional water

right. B. South Starkey Gulch Reservoir. 1. Original Decree: Aug. 23, 1972, Case No. W-321, Water Division No. 5. 2.

Subsequent Decrees: W-321-76 (September 30, 1976, diligence); 80CW259 (February 11, 1981, diligence); 84CW204 (November

16, 1984, diligence); 88CW234 (December 4, 1989, diligence); 95CW300 (June 25, 1996, diligence); 02CW162 (February 18, 2004,

diligence, municipal use cancelled); 10CW41 (March 7, 2011, diligence); 07CW239 (September 25, 2016, change). 3. Legal

Description: The initial point of survey for the reservoir is located at a point whence the SW corner of Section 36, Township 6 South,

Range 97 West of the 6th P.M. bears N. 85º 03’ W, a distance of 12,000 feet. 4. Alternate Legal Description: The decreed location

for the reservoir is set forth above. For purposes of this application only, an estimated alternate legal description is provided, as

shown on Exhibit 1. The decreed location of the initial point of survey for the reservoir is estimated to be in the NE 1/4 of the SW 1/4

of Section 32, Township 6 South, Range 96 West, 6th P.M., Garfield County, Colorado at a point 1,806 feet from the West line and

2,452 feet from the South line of said Section 32. 5. Source of Water: South Starkey Gulch, tributary to Starkey Gulch tributary to

Parachute Creek, tributary to the Colorado River. 6. Appropriation Date: February 20, 1967. 7. Amount: 5,541 acre-feet

(conditional). 8. Use: Industrial, domestic, and irrigation purposes. The decree in Case No. 2002CW162 cancelled municipal use for

APRIL 2017 RESUME


the South Starkey Gulch Reservoir conditional water right. C. Sinclair Oil and Gas Company Pumping Plant & Pipeline. 1. Original

Decree: November 10, 1966, Case No. CA 4914, District Court, Garfield County. 2. Subsequent Decrees: CA 4914 (March 5, 1968,

diligence); W-62 (December 9, 1971, diligence); W-609 (January 4, 1973, diligence); W-609-76 (September 30, 1976, diligence);

80CW225 (March 11, 1981, diligence); 84CW134 (September 28, 1984, diligence); 88CW192 (December 4, 1989, diligence);

95CW299 (June 26, 1996, diligence); 02CW162 (February 18, 2004, diligence); 10CW41 (March 7, 2011, diligence). 3. Legal

Description: Located on the northerly bank of the Colorado River at a point whence the West quarter corner of Section 23, Township

7 South, Range 96 West of the 6th P.M., bears S 62º 51’W, a distance of 4,605 feet. 4. Alternate Legal Description: The decreed

location for the point of diversion is set forth above. For purposes of this application only, an estimated alternate legal description is

provided, as shown on Exhibit 2. The decreed location of the point of diversion is estimated to be in the NE 1/4 of the NE 1/4 of

Section 23, Township 7 South, Range 96 West, 6th P.M., Garfield County, Colorado at a point 1,312 feet from the East line and 396

feet from the North line of said Section 23. 5. Source of water: Colorado River. 6. Appropriation Date: November 29, 1956. 7.

Amount: 33 cfs (conditional). 8. Use: Industrial, mining, retorting, refining, power, domestic and all other purposes and uses

necessary and related to the production of shale oil and its by-products, including all domestic purposes incident to the maintenance of

a general camp and community and the inhabitants of such general camp and community. 4. Application for Finding of Reasonable

Diligence. A. Background: Puckett is a Colorado corporation that holds interests in approximately 44,300 acres of lands in Garfield

and Rio Blanco Counties, Colorado, as shown on Exhibit 3. The conditional water rights that are the subject of this Application were

appropriated and are needed for the commercial development of Puckett’s oil, gas, coalbed methane, and/or oil shale minerals

associated with these lands, including industrial, domestic, recreational, and other beneficial uses associated with such development.

B. Integrated System: The subject water rights are part of a decreed integrated system for the benefit of Puckett’s lands in Garfield

and Rio Blanco Counties. Pursuant to the decrees in Case Nos. 95CW298, 02CW16, 02CW161, 02CW162, 07CW239, 07CW244,

07CW245, 07CW246, 09CW16, 10CW39, and 10CW40, Water Division 5, the other parts of the integrated system include but are not

limited to the Thompson Creek Reservoir, the TOSCO Pumping Plant and Pipeline, the DOW Pumping Plant and Pipeline, and the

Eaton Pipeline No. 1. Each structure and water right of the system has a direct bearing on, and is necessary for the functioning of, the

entire system. Accordingly, diligence with respect to any part of the system constitutes diligence with respect to the entire system.

C.R.S. § 37-92-301(4)(b). C. Economic Conditions: The commercial development of oil shale is one prerequisite to beneficial use of

water under the subject conditional water rights. Energy prices are notoriously volatile and are driven by a wide variety of factors

including supply, demand, geo-politics, and severe weather. See, e.g., U.S. Energy Information Administration, Energy Price

Volatility and Forecast Uncertainty (Oct. 2009). Economic conditions such as low oil prices have prevented the development of oil

shale, but economists are predicting that world energy prices, led by oil, will increase in the near future. See, e.g. World Bank, World

Bank Raises 2017 Oil Price Forecast (Oct. 20, 2016); U.S. Energy Information Administration, Crude oil prices expected to increase

slightly through 2017 and 2018 (Jan. 12, 2017). Current economic conditions are adverse to oil shale production. Pursuant to § 37-

92-301(4)(c), C.R.S. (2016), current economic conditions beyond the control of applicant that adversely affect the feasibility of

perfecting a conditional right shall not be considered sufficient to deny a diligence application so long as other facts and circumstances

that show diligence are present. D. Diligence Activity: During this diligence period, in continuing the development of the

conditional water rights, Puckett has been engaged in the legal defense and protection of the subject water rights and has been diligent

in the continued development of the water rights involved, including expenditures for legal, consulting, and engineering work. The

foregoing activities are described in more detail as follows. 1. Puckett completed adjudication in the Division 5 Water Court of

changes to some of its absolute and conditional water rights, in Case No. 07CW239. Puckett filed the application in Case No.

07CW239 to adjudicate changes of several of its absolute and conditional water rights as components of its integrated water supply

system in order to provide a year-round water supply for oil and gas development, drilling and production operations, oil shale

development and production, temporary and permanent employee and support personnel housing, commercial office space, a hunting

lodge, livestock grazing, and other uses associated with oil, gas, and oil shale development and production. For this purpose, Puckett

also adjudicated new surface water rights in Case No. 07CW246, underground water rights in Case No. 07CW244, water storage

rights in Case No. 07CW245, and a plan for augmentation in Case No. 09CW16. 2. Puckett applied for conditional water storage

rights in East Haystack Reservoir and West Haystack Reservoir in Case No. 16CW3178. 3. Puckett applied for a finding of

reasonable diligence for its Dow Pumping Plant and Pipeline and Eaton Pipeline No. 1 water rights in Case No. 17CW3021.

Concurrently with the filing of this application, Puckett applied for findings of reasonable diligence for its Thompson Creek Reservoir

water right, and the Oil Shale Corporation Pipeline and Pumping Plant water right. These water rights are all part of an integrated

system as noted above at ¶ 4.B. 4. Puckett attended various meetings, conferences (Colorado Water Congress, webinars, and

seminars) to understand state and local water programs and the Colorado Water Plan developed by the Colorado Water Conservation

Board, Interbasin Compact Committee, and Yampa River Basin Roundtable. 5. Puckett reviewed the water resume of applications as

published by the Water Court for Water Division 5 for protection of the subject conditional rights. As a result, Puckett has filed

Statements of Opposition to numerous applications in the Parachute Creek and Colorado River basins, and participated in these cases

to prevent injury to the subject conditional water right. 6. Puckett expended approximately $142,219.63 on legal services to protect

and develop its water rights in the Parachute Creek and Colorado River basins, and $13,350 on engineering services in connection

with this work. 5. Location of proposed area to be irrigated: The conditional water rights are primarily industrial water rights for

uses associated with energy production. Puckett anticipates that some irrigation may occur in connection with the industrial uses. The

lands on which such incidental irrigation use by Puckett or Puckett’s contractees may occur include the lands shown on Exhibit 3. 6.

APRIL 2017 RESUME


Land ownership information: Applicant. WHEREFORE, Applicant seeks entry of a decree confirming that the Applicant has

exercised reasonable diligence toward completion of the appropriations for the decreed uses, and continuing the subject conditional

water rights in full force and effect for another six-year diligence period. (total pgs. 11, including exhibits)






81601.






17CW3109 WHITE CREEK, TRIBUTARY TO GYPSUM CREEK, TRIBUTARY TO EAGLE RIVER, TRIBUTARY TO

COLORADO RIVER IN EAGLE COUNTY. David J. Scott Trust C/O Robert M. Noone, Esq., The Noone Law Firm, P.C., P.O.

Box 39, Glenwood Springs, Co 81602. 1. Name, Address and Telephone Number of Applicant: David J. Scott Trust, 31117 Gypsum

Creek Road, Gypsum, CO 81637 (970) 401-4734 2. Name of Structure: Heinen Diversion 3. Description of Conditional Water Right:

A. Date of Original Decree: June 4, 1990, Case No. 1990CW009 Previous Diligence Cases: 1996CW170; 2002CW330; and

2010CW36, Water Court, Water Division No. 5. B. Legal Description: The point of diversion is located at a point in the SW ¼ of the

NW ¼ of Section 31, T. 6 S., R. 84 W., 6th

P.M. whence the N ¼ Corner bears North 34°59’ East 4,032.7 feet, which location is

approximately 1830 feet north of the South Section Line and 1960 feet east of the West Section Line of Section 31. C. Source: White

Creek, tributary to Gypsum Creek, tributary to Eagle River, tributary to Colorado River D. Appropriation Date: January 24, 1990 E.

Amount Decreed: The original decreed amount of 15.0 c.f.s, conditional, was reduced to 0.858 c.f.s., conditional, per the Decree

entered in Case No. 2010CW36. F. Uses: Hydroelectric, domestic use inside one house and the irrigation of up to 25 acres, as follows;

i. 0.625 c.f.s. for the irrigation of 25 acres; ii. 0.2 c.f.s. for hydroelectric purposes; and iii. 0.033 c.f.s. for domestic use inside one

residence, for a total amount of 0.858 c.f.s., conditional, currently decreed. 4.Request to Make Absolute, in Part, and for Finding of

Reasonable Diligence: A detailed outline of what has been done toward completion or for completion of the appropriation and application

of water to a beneficial use as conditionally decreed, including expenditures: During the preceding diligence period the Applicant has

undertaken a number of activities which demonstrate completion of the appropriation of the irrigation component of the subject water right

and diligence in pursuing development of the balance of the subject conditional water right. Examples of specific activities undertaken by

the Applicant during the preceding diligence period are as follows: A. Applicant purchased the subject water right and the lands depicted on

Exhibit A from the previous owners, Richard H. and Elizabeth T. Irvine for an amount in excess of $250,000.00; B. On June 1, 2016,

Applicant completed the appropriation of the 0.625 c.f.s. irrigation component of the subject water right through the irrigation of 25 acres

of land depicted as “Irrigated Land” on Exhibit A; C. Applicant has retained the services of The Noone Law Firm, P.C., to review the

potential integration of the use of the subject water rights with other decreed water rights owned by Applicant on adjacent lands; and D.

Applicant has retained the services of The Noone Law Firm, P.C., to monitor new water rights applications to identify those having the

potential to cause injury to the subject water rights. 5.Name and Address of Owner of Land on which point of diversion and place of use

are located: Applicant.(5 pages, including Exhibit A).






81601.





must appear to object and protest within the time provided by statute, or be forever barred. 17CW3110 PITKIN COUNTY, WEST SOPRIS CREEK TRIBUTARY TO ROARING FORK RIVER. Hidden Creek Ranch,

LLC, c/o John Ely 616 West Sopris Creek Road, Basalt, Co. 81621, (970) 987-0071. Application to make absolute and in the

alternative for finding of reasonable diligence. Name of structures: Oys Well, Oys Pipeline and Oys Pond. Original decrees: Oys

Well, May 10, 1988 Case No. 87CW179 Court: Division 5 Water Court; Oys Pipeline and Pond, May 22, 1988 Case No. 87CW180

Court: Division 5 Water Court. Subsequent decrees: January 3, 1996 Case No. 94CW29 Court: Division 5 Water Court, August 5,

2003 Case No. 2002CW21 Court: Division 5 Water Court, April 2, 2011 Case No. 2009CW119 Court: Division 5 Water Court. Oys

APRIL 2017 RESUME


Well: Legal description: In the SE1/4 of the NE 1/4 of Section 23, Township 8 South, Range 87 West of the 6th

P.M., more

particularly described as a point 1532 feet from the north section line and 869 feet from the east section line of said Section 23 (Pitkin

County). UTM Zone 13 easting 321580.9 northing 4357212.6. Source: Groundwater taken from the alluvium of West Sopris Creek,

a tributary of the Roaring Fork River. Appropriation date: October 16, 1986. Amount: 0.0223 c.f.s., conditional (0.0334 c.f.s.

previously made absolute). Uses: Domestic, recreation, and irrigation purposes. Oys Pipeline: Legal description: In the SE1/4 of the

NE1/4 of Section 23, Township 8 South, Range 87 West of the 6th

P.M., at a point whence the NE corner of said section bears North

28 40'E, a distance of 1850 feet (Pitkin County). UTM Zone 13 easting 321475.0 northing 4357113.4. Source: West Sopris Creek, a

tributary of the Roaring Fork River. Appropriation date: December 17, 1986. Amount: 1.0 c.f.s., conditional. Uses: Domestic,

piscatorial, recreation, and irrigation uses and for the filling of the Oys Pond. Oys Pond: Legal description: The centerline of the dam

axis is located in the SE1/4 of the NE1/4 of Section 23, Township 8 South, Range 87 West of the 6th

P.M., at a point whence the NE

corner of said section bears North 28 40'E, a distance of 1660 feet (Pitkin County). UTM Zone 13 easting 321566.2 northing

4357177.9. Source: Oys Pipeline, its source of supply is from West Sopris Creek, a tributary of the Roaring Fork River. Appropriation

date: December 17, 1986. Amount: 0.37 acre-feet, conditional, with the right to fill and refill in priority. Uses: Domestic, piscatorial,

recreation, and irrigation and augmentation and exchange. A detailed outline of what has been done toward completion of the

appropriation is on file with the Court. Name and address of owner of the land upon which structures are located: Applicant.






81601.






17CW3 (09CW124) MESA COUNTY- GROVE CREEK TRIBUTARY TO PLATEAU CREEK TRIBUTARY TO THE

COLORADO RIVER. Chris & Jennifer Crites; 14599 59.5 Rd.; Collbran, CO 81624 (970)361-1667. Peter’s Spring #2-Application

to Make Absolute. Location: SE¼NW¼ of Sec. 1, T.10S., R.95W. of the 6th

p.m. 1,920 ft. from the north sec. line and 1,810 ft. from

the west sec. line. Appropriation: Feb.16, 2001. Amount: 0.12 c.f.s., absolute. Uses: wildlife and livestock watering. An outline of

work performed during the diligence period is included in the application. (23 pgs.)






81601.






17CW3038 Concerning the Application for Water Rights of West Divide Water Conservancy District in Garfield County, Colorado,

Amended Application for Findings of Reasonable Diligence, Applicant: West Divide Water Conservancy District, P.O. Box 1478,

Rifle, CO 81650, c/o Edward B. Olszewski, Esq., Olszewski, Massih & Maurer, P.C., P.O. Box 916, Glenwood Springs, CO 81602,

(970) 928-9100. Landowner Notification: US Forest Service, Attn: Steve Hunter, 900 Grand Avenue, Glenwood Springs CO 81601,

[email protected]. Applicant has a permit to operate the Reservoir on US Forest Service property. All other information in the

Amended Application remains the same. (4 Pages)






81601.


APRIL 2017 RESUME







17CW3039 Concerning the Application for Water Rights of West Divide Water Conservancy District in Garfield County, Colorado,

Amended Application for Findings of Reasonable Diligence, Applicant: West Divide Water Conservancy District, P.O. Box 1478,

Rifle, CO 81650, c/o Edward B. Olszewski, Esq., Olszewski, Massih & Maurer, P.C., P.O. Box 916, Glenwood Springs, CO 81602,

(970) 928-9100. Landowner Notification: US Forest Service, Attn: Steve Hunter, 900 Grand Avenue, Glenwood Springs CO 81601,

[email protected]. Applicant has a permit to operate the Reservoir on US Forest Service property. All other information in the

Amended Application remains the same. (4 Pages)






81601.


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