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DIVISION 5 WATER COURT- AUGUST 2020 RESUME

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

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

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

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

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

20CW3087 GARFIELD COUNTY, COLORADO RIVER. Amended Application for Finding of Reasonable Diligence and to Make

Absolute. Iron Mountain Hot Springs LLC, c/o Jeff Houpt & Ryan Jarvis of Beattie, Houpt & Jarvis, 146 Midland Ave, PO Box 1669,

Basalt, (970) 945-8659. Iron Mountain Spring: Original decree entered on 08/24/14 in 13CW3092. Location: Point of diversion is in

Garfield County in the SW¼ SW¼ of Sec 4, T 6 S, R 89 W, 6th PM, 397 ft from S sec line and 502 ft from W sec line of said Sec 4.

UTM coordinates are: Northing: 4,381,141/Easting: 299,245/Datum: NAD83/Units: meters; Zone 13. Source: Spring trib to Colo River.

Appropriation date: 11/09/13. Amount: 200 g.p.m. (0.4456 c.f.s.), conditional. Uses: Commercial, heating, recreational, bathing,

swimming, therapeutic and medicinal purposes. Date and amount of water applied to beneficial use: 04/24/15; 200 g.p.m. (0.4456 c.f.s.)

for commercial, heating, recreational, bathing, swimming, therapeutic and medicinal purposes. Place of use: Iron Mountain Hot Springs,

281 Centennial Street, Glenwood Springs, CO 81601. The Application on file with the court includes a list of activities demonstrating

diligence. Owner of land: Iron Mountain Properties LLC, 51000 Two Rivers Plaza Road, Glenwood Springs, CO 81601. (4 pages)

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

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

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

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

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






20CW3088 Applicant The City and County of Denver, acting by and through its Board of Water Commissioners (“Denver Water” or

“Applicant”), 1600 West 12th Avenue, Denver, CO 80204, (303) 682-6460. Jessica R. Brody, General Counsel, Daniel J. Arnold, No.

35458, James M. Wittler, No. 44050, Andrew J. Hill, No. 47896. CONCERNING THE APPLICATION FOR WATER RIGHTS OF

THE CITY AND COUNTY OF DENVER ACTING BY AND THROUGH ITS BOARD OF WATER COMMISSIONERS IN

SUMMIT COUNTY APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND CLAIM TO MAKE

ABSOLUTE. 1. Name, Mailing Address, Email Address, and Telephone Number of Applicant: The City and County of Denver, acting

by and through its Board of Water Commissioners (“Denver Water” or “Applicant”), 1600 West 12th Avenue, Denver, CO 80204, (303)

682-6460, [email protected], [email protected]. 2. Name of Structure: Dillon Reservoir (Refill). 3.

Description of conditional water right and information from previous decree: The name of the water right at issue is the Dillon Reservoir

Refill Right (“Refill Right”). A. Original Decree: Case No. 1987CW376, Water Division No. 5, February 13, 1997. B. Subsequent

Decrees Awarding Findings of Diligence: (1) Decree: Case No. 2003CW039, Water Division No. 5, November 12, 2004. (2) Decree:

Case No. 2010CW265, Water Division No. 5, August 24, 2014. C. Legal Description: The reservoir is located in Sections 7, 8, 17, 18,

19, 20, 21, 30, 31, T5S, R77W of the 6th P.M., and Sections 13, 23, 24, 25, 26, 35 and 36, T5S, R78W of the 6th P.M. The dam is located

across the channel of the Blue River, with the easterly end located at a point whence the E 1/4 corner of Section 18, T5S, R77W of the

6th P.M. bears South 59º 00’ East 5507.7 feet. D. Source: The sources of water supply for storage in Dillon Reservoir are the Blue River,

the Snake River, and Ten Mile Creek, all of which are tributaries of the Colorado River and the waters which would naturally become

a part of said streams. E. Appropriation Date: January 1, 1985. F. Amount: A maximum of 175,000 acre-feet, comprised of the following

components: (1) First Fill Bypass Recovery: This component of the Refill Right is equal to the amount of storable water available in

priority under Dillon Reservoir’s decreed “First Fill” (1946 appropriation date) which is bypassed and relinquished by Denver Water to

the Blue River below the reservoir after the commencement of the administrative year for flood control or for lawful bypasses that are

consistent with state water administration practices. This component of the Refill Right is to be used to recover such bypassed and

relinquished water. (2) First Fill Storage Replenishment: This component of the Refill Right is equal to the amount of First Fill water in

storage in Dillon Reservoir at the commencement of the administrative year which is evacuated and relinquished by Denver Water to

the Blue River after such commencement for flood control or for lawful releases that are consistent with state water administration

practices. This component of the Refill Right is to be used to replenish storage of such evacuated and relinquished water. (3) Refill

Bypass: This component of the Refill Right is inflow to Dillon Reservoir following completion of the administrative First Fill, storable

under this Refill Right, which is bypassed and relinquished by Denver Water to the Blue River for flood control or for lawful bypasses

that are consistent with state water administration practices. (4) Municipal: This component of the Refill Right is in addition to the

amounts stored to replenish or recover the amounts of water described in paragraphs 3.F.1. and 3.F.2. and in addition to the amount

bypassed pursuant to paragraph 3.F.3. i. Denver Water’s storage under this component shall not exceed 150,000 acre-feet in any ten

consecutive administrative years. ii. Denver Water’s storage under this component shall not exceed 35,000 acre-feet in any one

administrative year, except that Denver Water may store more than 35,000 acre-feet, not to exceed 50,000 acre-feet, in one administrative

year during ten consecutive administrative years, provided the United States Bureau of Reclamation’s May 1 forecast of most probable

April through July undepleted inflow to Green Mountain reservoir exceeds 270,000 acre-feet. (5) The total amount of water stored or

storable in Dillon Reservoir in any single administrative year under subparagraphs 3.F.1., 3.F.2., 3.F.3., and 3.F.4. above shall not exceed

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175,000 acre-feet. (6) Of the amount of water decreed herein, 13,524 acre-feet was decreed absolute in Case No. 1987CW376, 141,712

acre-feet was made absolute by decree entered in Case No. 2003CW039, part 2 of 2, and the balance, 33,288 acre-feet, remains

conditionally decreed. G. Use: All municipal uses, including domestic use, mechanical use, manufacturing use, fire protection, street

sprinkling, watering of parks, lawns and grounds. This water right may also be used for flood control. Denver Water’s use of waters

stored under this refill priority shall comply with and be subject to the Blue River Decree and any stipulations, orders or judicial decisions

entered in Consolidated Case Nos. 2782, 5016 and 5017, including but not limited to the use solely for municipal purposes in its

metropolitan area. Denver Water will undertake to utilize the return flows by exchange or otherwise within legal limitations and subject

to economic feasibility, as provided in the Blue River Decree. CLAIM FOR FINDING OF REASONABLE DILIGENCE 4.

Diligence Activities: Dillon Reservoir is an existing structure. Completion of this appropriation will depend upon future hydrologic

circumstances that would allow waters under the conditional water right from being diverted, stored, or otherwise captured, possessed

and controlled and applied to beneficial use within a reasonable time. The following activities describe Denver Water’s steady

application of effort to complete the appropriation in a reasonably expedient and efficient manner under all the facts and circumstances:

A. Dillon Reservoir: (1) Denver Water completed annual dam safety inspections with the State Engineer’s Office (“SEO”) and the

Federal Energy Regulatory Commission (“FERC”), conducted drills of the Emergency Action Plan, and surveyed Dillon Dam for

movement. (2) Denver Water maintains monthly accounting sheets which track all water diverted or exchanged under Dillon Reservoir

operations on a daily basis. Additional accounting sheets are maintained daily to track the use of water supplies originating from the

Blue River basin, within Denver Water’s Service Area. Water available as reusable supply is then recaptured and successively used to

extinction to maximize the use of transbasin diversions. (3) In accordance with the October 5, 1995 Stipulation in Consolidated Cases

Civil Action Numbers 2782, 5016, and 5017, Denver Water provides the United States Bureau of Reclamation an annual report detailing

Denver Water’s diversion, use, return flow, and successive use of Colorado River water during the water year. (4) Beyond its primary

objective of storing water for use within the Denver Water Service Area, Denver Water also balances operations at Dillon Reservoir for

the secondary objectives of maintaining reservoir levels for summertime marina operation at Dillon and Frisco and reducing high flows

downstream during spring runoff. Staff continues to communicate directly with Summit County Emergency Management and provides

e-newsletters to members of the public regarding changing conditions below Dillon Dam. (5) Denver Water and the United States

Geologic Survey (“USGS”) continue to partner in the necessary measurement of water flow in streams pursuant to annual cooperative

agreements. Denver Water uses data available from these gages for water rights administration, water supply analysis, and long-term

trend analysis. During the diligence period, Denver Water has contributed approximately $1,740,000 towards this effort. The following

gages are relevant to operations at Dillon Reservoir: i. Blue River near Dillon. ii. Snake River near Montezuma. iii. Keystone Gulch

near Dillon. iv. Tenmile Creek below North Tenmile Creek. v. Blue River below Dillon. vi. Straight Creek below Laskey Gulch. (6) In

2014, Intrasearch, Inc. provided inundation mapping at Dillon Dam. The total project cost was approximately $10,000. (7) In 2014,

AECOM Technical Services, Inc. developed a plan to evaluate and determine necessary upgrades for the horizontal wheel gate on the

intake structure of Dillon Dam. The total project cost was approximately $30,000. (8) In 2015, AECOM Technical Services, Inc.

provided engineering services for the FERC Consultant Safety Inspection Report. The total project cost was approximately $57,000. (9)

In 2015, North Line GIS was contracted to set up a consortium for the collection of aerial and light detection and ranging (“LIDAR”)

terrain data to support the Dillon Dam operational release mapping. The total project cost was approximately $47,000. (10) In 2015,

CDM Smith, Inc. provided engineering services on the Dillon Reservoir outflow hydraulic modeling and inundation mapping project.

The total project cost was approximately $59,000. (11) In 2016, Sturgeon Electric Company, Inc. completed the Dillon Dam hydropower

switchgear and protective relay replacement. The total project cost was approximately $3,513,000. (12) In 2017, ASI Marine LP

conducted an underwater inspection of the buoy line anchor cables at Dillon Reservoir. The total project cost was approximately $10,000.

(13) In 2019, Denver Water entered into an Inter-governmental Agreement with the Colorado Water Conservation Board to fund

Airborne Snow Observatory (“ASO”) flights over the Blue River basin above Dillon Reservoir. The ASO program used LIDAR

equipped aircraft to determine the amount of water contained within the snowpack on a watershed scale. Quantum Spatial, Inc.

performed the observatory flights and the data processing. The total project cost was approximately $181,000. B. Roberts (Montezuma)

Tunnel: (1) In 2015, Absolute Welding and Fabrication LLC completed the repair of the auxiliary steel penstock of the east portal power

plant. The total project cost was approximately $18,000. (2) In 2016, Lithos Engineering LLC conducted a detailed inspection of the

Roberts Tunnel and produced a report of inspection findings. The total project cost was approximately $11,000. (3) In 2016, Denver

Water entered into a power wheeling agreement with Intermountain Rural Electric Association to transmit power generated at the

Roberts Tunnel. The total project cost was approximately $88,000. (4) In 2017, Kumar & Associates, Inc. performed a geotechnical

engineering study for planned hydro upgrades to the Roberts Tunnel. The total project cost was approximately $48,000. (5) In 2018,

Sturgeon Electric Company, Inc. provided cost estimating services for hydroelectric upgrades at the east portal of the Roberts Tunnel.

The total project cost was approximately $81,000. (6) In 2019, Rock Solid Solutions Corporation completed rockfall mitigation

improvements at the east portal of the Roberts Tunnel. The total project cost was approximately $481,000. (7) Starting in 2019, Voith

Hydro Inc. furnished a replacement runner, required ancillary equipment, and parts for the hydro turbine of the east portal of the Roberts

Tunnel. Currently, the total project cost is approximately $189,000. (8) In 2019, Gracon, LLC began a maintenance teardown of the

hydroelectric unit at the east portal of the Roberts Tunnel. The teardown includes the replacement of a governor system and turbine

runner in the hydroelectric unit, installation of new brakes and speed systems for the generator, and a new electrical power distribution

system. Currently, the total project cost is approximately $1,213,000. C. Colorado River Cooperative Agreement (“CRCA”): On

September 26, 2013, the CRCA was signed by Denver Water and West Slope Signatories to solve longstanding issues between the

parties. The following activities demonstrate Denver Water’s commitment towards the resolution of those issues, specifically relating

to its Blue River Collection System: (1) Denver Water continues to pursue the full development of its recycled water system with the

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capacity to provide 17,500 acre-feet of nonpotable water annually, of which, Blue River basin water is a primary source. (2) Denver

Water is actively developing 30,000 acre-feet of gravel pit storage downstream of Denver on the South Platte River to maximize the use

of Blue River basin water through exchange operations. Mining operations are currently on-going in portions of the gravel pit complexes.

(3) Denver Water committed $1,000,000 upon execution of the CRCA to offset the impacts of lower Dillon Reservoir levels or reduced

outflows on permitted wastewater dischargers in Summit County. (4) Denver Water also committed $1,000,000 upon execution of the

CRCA for environmental enhancement projects in Summit County. (5) Finally, Denver Water committed $9,000,000 to be used for a

wide range of water infrastructure projects in Summit County. Of this amount, $4,500,000 was provided upon resolution of Blue River

Decree issues and the other half is to be provided upon issuance and acceptance of permits necessary for the enlargement of Gross

Reservoir. (6) Upon resolution of Blue River Decree issues, Denver Water provides 250 acre-feet and 1493 acre-feet annually from

Dillon Reservoir, pursuant to the terms of prior agreements, to various Summit County entities. D. Amounts Expended: Over the last

diligence period, Denver Water has spent at least $6,000,000 on work to enhance the yield of the Blue River Collection System, inclusive

of the amounts set forth above. CLAIM TO MAKE ABSOLUTE 5. Claim to Make Absolute: A. Date: April 1, 2011-March 31, 2012.

B. Amount: 168,998 acre-feet. C. Use: During the period April 1, 2011 through March 31, 2012, 168,998 acre-feet of water was used

to: (1) replenish and recover water originally stored under Denver’s June 24, 1946 storage right, from which water was released to the

Blue River for flood control under paragraphs 11.A. and B. of the Original Decree; (2) bypass refill water for flood control under

paragraph 11.C. of the Original Decree; and (3) store water and replace evaporation losses after the first fill under paragraph 11.D. of

the Original Decree. Pursuant to paragraph 17.D. of the Original Decree, water in storage under the Refill Right on April 1 of any

administrative year was considered and accounted for as water stored under the First Fill decree in that administrative year. A summary

of the accounting is attached hereto as Exhibit A. Denver Water reserves the right to use accounting records from other time periods to

support its claim to make absolute an equivalent or lesser amount of water, if necessary. D. Place of Use: Denver Water subsequently

delivered through the Roberts Tunnel the water stored in Dillon Reservoir under the Refill Right to areas served by the Denver Municipal

Water System as depicted in the map attached and incorporated hereto as Exhibit B and to customers identified in Exhibit C. 6. Names

and Addresses of Landowners Where Structures are Located: The following list includes the names and addresses of landowners 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.

Denver Water is not proposing new diversion or storage structures that do not already exist, nor is Denver Water proposing modifications

to any existing diversion or storage structure or the existing Dillon Reservoir. A. United States of America Forest Service, C/O District

Ranger, PO Box 620, Silverthorne, CO 80498-0620. B. Town of Dillon, PO Box 8, Dillon, CO 80435-0008. C. Summit County Board

of County Commissioners, PO Box 68, Breckenridge, CO 80424-0068. D. Summit School District RE-1, PO Box 7, Frisco, CO 80443-

0007. E. Town of Frisco, PO Box 4100, Frisco, CO 80443-4100. 7. Remarks: Dillon Reservoir is generally depicted in the General

Location Map attached hereto as Exhibit D. The place of use of any water diverted or stored under this water right is subject to and

will be in accordance with the terms of the Colorado River Cooperative Agreement effective September 26, 2013 or as amended. Denver

Water is a home rule municipal corporation of the State of Colorado. Denver Water derives its authority and power to operate a water

supply system under the state constitution, the Denver City Charter and provisions of state law. Pursuant to the Denver City Charter,

Denver Water provides all treated and raw water necessary for the full development of land within the City and County of Denver.

Pursuant to perpetual water service agreements, Denver Water serves as the water utility for other governmental entities outside the City

and County of Denver, but within Denver Water’s Service Area, providing all treated and raw water necessary to serve the full

development of all land within the Service Area depicted in Exhibit B. Denver Water also has commitments to provide nearly 68,000

acre-feet of treated and raw water to customers outside its Service Area under perpetual fixed amount contracts listed on Exhibit C. The

entities receiving water under fixed amount contracts are all located within the Counties of Adams, Arapahoe, Douglas and Jefferson

and the City and County of Broomfield. From time to time, Denver Water provides treated and raw water to customers under temporary

arrangements. REQUEST FOR RELIEF WHEREFORE, Denver Water requests a decree from the court finding that Denver Water

has been reasonably diligent in the development of the conditional portion of the Dillion Reservoir refill right, continuing the conditional

portion of the water right, and making an amount absolute of 168,998 acre-feet.











20CW3089 (2006CW253) SUMMIT COUNTY, GROUNDWATER TRIBUTARY TO BLUE RIVER. Application for Finding

of Reasonable Diligence. 1. Name, mailing address, email address and telephone number of Applicant: Superior 2006 LLC, PO Box

1916, Silverthorne, Colorado 80498, Telephone: (303) 709-5319, Email: [email protected]. Please direct all

communications to counsel: Matthew L. Merrill, MERRILL LAW LLC, (303) 947-4453 (telephone), [email protected]

(email). 2. Description of conditional water right from Original Decree: a. Name of structure: Heit Ranch Well Field (consisting

mailto:[email protected]


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of up to 10 groundwater wells denominated “Heit Ranch Well Nos. 1–10”). b. Original Decree: Case No. 2006CW253, Water

Division 5, dated August 23, 2014. This is the first diligence proceeding for the Heit Ranch Well Field. c. Legal Description: To be

located within a 289 acre parcel in the E½ NE¼ and NE¼ SE¼ of Section 1, T.5 S., R. 78 W., 6th P.M. and the W½ NW¼ and SW¼

of Section 6, T.5 S., R. 77 W., 6th P.M. [in Summit County], more particularly described in [Exhibit A to the Original Decree]. See

Exhibit A to application (available from water court). d. Source of water: Groundwater tributary to the Blue River, tributary to the

Colorado River. e. Appropriation date: December 22, 2006. f. Amount: Cumulatively for up to 500 gallons per minute (gpm),

CONDITIONAL. g. Uses: Domestic, irrigation, livestock watering, fire protection, recreation, piscatorial and all other uses incident to

a residential development on the Heit Ranch property. h. Depth: Bedrock aquifer. Wells have not yet been constructed and a precise

depth is not yet determined. The Original Decree provides (at ¶ 7.E.i) that the “Heit Ranch Well Field production wells…will be drilled

into the bedrock aquifer below all unconsolidated sediments comprising the alluvial/colluvial aquifer.” 3. Summary of what has been

done toward completion of the appropriation and application of water to beneficial use, including expenditures, since entry of the

Original Decree: a. Technical and geological investigations and consultation for design and location of Heit Ranch Well No. 1. This

work also advanced the planning for the well field and future wells. b. Architectural design and pre-construction activities for the initial

residence on the Silver Summit Ranch (formerly known as Heit Ranch), including water demand planning. The initial residence is

expected to enter the Summit County permitting process in August 2020 with construction to start immediately thereafter. c. Work to

implement the terms and conditions of the Original Decree for operation of the plan for augmentation for the Heit Ranch Reservoir and

Heit Ranch Well Field, including a bathymetric survey and staff gage installation in Heit Ranch Reservoir, development of initial

accounting forms and submission of accounting, and initial dry-up of irrigated land under the Swanson Oro Grande Ditch. In addition,

planning is underway to facilitate augmentation releases. d. Legal and engineering consulting regarding the Heit Ranch Well Field and

implementation of the plan for augmentation in the Original Decree. e.Maintenance and operation of the Swanson Oro Grande Ditch,

including installation of more than 1,600 feet of pipe to improve ditch performance and reduce seepage (some ditch improvements were

completed or reimbursed by Applicant’s predecessor in interest as a condition of Applicant’s acquisition of the Heit Ranch). Applicant

also installed a new flume in the ditch. The Swanson Oro Grande Ditch’s decreed uses include augmentation to replace out of priority

well depletions from the Heit Ranch Well Field. f. Maintenance and operation of Heit Ranch Reservoir, including cleaning, fish

management and stocking, dock maintenance and outlet maintenance. The Heit Ranch Reservoir is decreed to store augmentation water

to replace non-irrigation season depletions from the Heit Ranch Well Field. g. The total expenditures for these water rights development

activities exceeded $319,090. In addition to the expenditures, members and agents of Superior 2006 LLC have invested substantial labor

in the activities summarized above. h. Superior 2006 LLC acquired the Silver Summit Ranch in 2015 together with the conditional Heit

Ranch Well Field and the Heit Ranch Reservoir and Swanson Oro Grande Ditch water rights. Superior 2006 LLC may present evidence

of its acquisition activities and expenditures in support of this Application. i. This Application includes a summary of key diligence

activities and costs. Superior 2006 LLC may present additional evidence and detail regarding the activities summarized above or other

diligence activities and costs related to planning or construction of the Heit Ranch Well Field or residential development on the Silver

Summit Ranch. The activities summarized in paragraph 3.a – 3.f are ongoing. 4. Amounts claimed as absolute: a. Superior 2006 LLC

claims the right to confirm any amount of the Heit Ranch Well Field water right as absolute, without further notice or publication, based

on diversion and beneficial use of the water right up to the time of any hearing in these proceedings. Superior 2006 LLC may rely on

C.R.S. § 37-92-301(4)(e) in any claims to make the Heit Ranch Well Field water right absolute. 5. Remarks: a. This is the first proceeding

seeking a finding of reasonable diligence for the Heit Ranch Well Field since the entry of the Original Decree. Superior 2006 LLC

seeks to rename this conditional water right the “Silver Summit Ranch Well Field (consisting of up to 10 groundwater wells denominated

“Silver Summit Ranch Well Nos. 1–10”).” b. Superior 2006 LLC has a specific plan and intent to complete the conditional appropriation

of the Heit Ranch Well Field water right and can and will complete it in a reasonable time and divert water in priority for the decreed

beneficial uses. c. The conditional Heit Ranch Well Field water right is part of an integrated water system for Silver Summit Ranch that

also includes the absolute water rights described in the Original Decree. The Heit Ranch Well Field will be constructed and operated

pursuant to the terms in the Original Decree, including operation of the plan for augmentation, to prevent injury to other water rights. d.

The Original Decree described a 289-acre location for the Heit Ranch Well Field. See ¶ 2.c above. Superior 2006 LLC acquired

approximately 217.73 of the 289 original acres (together with all of the water rights) and it will only locate Heit Ranch Well Field wells

on this land. These 217.73 acres are located within the same legal description as the Original Decree (paragraph 2.c) and are shown on

Exhibit A. Superior 2006 LLC will seek to update the legal description and mapping for the Heit Ranch Well Field to identify the 217.73

acres in the decree in this case. 6. 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: Applicant. See ¶¶ 1 & 5.d. 7. Prayer for Relief: Superior 2006 LLC

respectfully requests that the Court find that it and its predecessors in interest have exercised reasonable diligence with respect to the

Heit Ranch Well Field, continue the conditional water right in full force and effect for the period allowed by law, confirm the updated

legal description and water right name, confirm any absolute amounts as may be perfected before a hearing, and award such other relief

as the Court deems just and proper (6 pages including 1 exhibit).






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20CW3090 GRAND COUNTY. Lynda Tracee Lorens, 772 Jamacha Road, Suite 304, El Cajon, CA 92109. Applicant is represented

by Kent Whitmer and Katie Randall, The Whitmer Law Firm, LLC, PO Box 38, Hot Sulphur Springs, CO 80451, (970) 725-3460.

APPLICATION FOR FINDING OF REASONABLE DILIGENCE. Name of Structure for Underground Water Rights: Lorens Well

No. 1. Source: Ground water from alluvium sand, gravel and other sedimentary materials hydraulically connected to the Colorado River.

Well Location: Grand County, Colorado, in the NE1/4 of the SW1/4, Section 13, Township 3 North, Range 76 West, 6th P.M., 2,200

feet from the South Section line and 1,460 feet from the West Section line. Street Address: 12206 U.S. Highway 34, Grand Lake,

Colorado 80447. Depth: 120 feet. Use: Commercial and irrigation of 1.48 acres. Type of Structure: Well. Quantity: 15 gallons per minute

(“g.p.m.”), conditional, 1.0 acre-foot per year (“af/yr”). Conditional Appropriative Right of Exchange: As part of its original decree,

Applicant was granted a conditional right of exchange in the amount of 2.0 acre-feet of depletions. Exchange Reach: Upstream Terminus:

At a point located in the NE1/4 of the SW1/4, Section 13, Township 3 North, Range 76 West, 6th P.M., 2,200 feet from the South

Section Line and 1,460 feet from the West Section Line impacts the river. Downstream Termini: (1) The confluence of the Fraser and

the Colorado Rivers located at a point approximately 800 feet from the West line and 900 feet from the South line in Section 25,

Township 2 North, Range 77 West of the 6th P.M. (2) The confluence of Muddy Creek and the Colorado River located at a point

approximately 2,000 feet from the East line and 200 feet from the North line of Section 19, Township 1 North, Range 80 West of the

6th P.M. Appropriation Date: January 14, 1999. Decrees: July 6, 2000, Case No. 99CW191; and January 16, 2008, Case No. 06CW129,

Water Court Division No. 5. Additional Information: The decrees at Case Nos. 99CW191 and 06CW129 set forth additional terms and

conditions, including a plan for augmentation, that continue to be in effect for the water rights of this application. The application and

attached exhibits contain a detailed outline of the work performed during the diligence period (23 pages).











20CW3091(12CW175) Water Division No. 5. DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO, 109 8th

Street, Suite 104, Glenwood Springs, CO 81601, Telephone: 970-928-3065. CONCERNING THE APPLICATION OF THE SNAKE

RIVER WATER DISTRICT, IN SUMMIT COUNTY, COLORADO. APPLICATION FOR A FINDING OF REASONABLE

DILIGENCE. 1. Name and Address of Applicant. Snake River Water District (“District”), c/o District Administrator, P.O. Box 2595,

Dillon, Colorado 80435. All pleadings should be directed to: Glenn E. Porzak, Cassidy L. Woodard, Porzak Browning & Bushong LLP,

2120 13th Street, Boulder, CO 80302. 2. Overview: By this application, the District seeks a finding of reasonable diligence with regard

to the conditional appropriative rights of exchange decreed by the District Court in and for Water Division No. 5 (“Water Court”) in

Case No. 12CW175. 3. Description of Plan for Exchange: a. Description of the Structures and Water Rights Augmented by Exchange.

The District is the owner of the following described water rights augmented by exchange by the decree of the District Court in and for

Water Division No. 5 (“Water Court”) in Case No. 12CW175, which are depicted on the attached Exhibit 1 (collectively referred to

herein as the “Augmented Water Rights”): (1) Snake River Water District Supplemental Well No. 1A (Permit No. 26446-F), decreed

by the Water Court in Case No. 82CW430, made absolute in Case Nos. 88CW121 and 94CW059 for 750 gpm, for domestic, municipal

(including fire protection), commercial, irrigation and recreation uses, with appropriation dates of July 28, 1981, the source of which is

the Snake River alluvium. As changed in Case No. 95CW99, this well is located at a point in the NW1/4 NW1/4 of Section 24, Township

5 South, Range 77 West, 6th P.M., 1,010 feet from the North section line and 800 feet from the West section line of said Section 24 and

decreed absolute for 750 gpm; and (2) 0.49 cfs from the Myers Ditch (priority number 324) originally decreed by the Summit County

District Court in Civil Action No. 1805 , deriving its source from the North Fork of the Snake River, with an appropriation date of May

12, 1919, and as subsequently decreed by the Water Court in Case Nos. W-1803 and W-1803-78 for year round domestic, municipal

and recreational purposes, and changed the point of diversion to specific points of diversion at the following described wells in the

following amounts: (i) 26.535 gpm absolute from the Owner’s Well No. 1, located in the SW1/4 NE1/4 of Section 24, Township 5

South, Range 77 West, 6th P.M., 1750 feet from the North section line and 2250 feet from the East section line of said Section 24; (ii)

56.535 gpm absolute from the Owner’s Well No. 3 (Permit No. 27215-F), located in the NW1/4 NW1/4 of Section 19, Township 5

South, Range 76 West, 6th P.M., 1200 feet from the North section line and 250 feet from the West section line of said Section 19.

Pursuant to the decree in Case No. 82CW430, Owner’s Well No. 3 is permitted to divert up to 1000 gpm when serving as an alternate

point of diversion; and (iii) 71.535 gpm absolute from the Owner’s Well No. 4 (Permit No. 46103-F), located in the SW1/4 NW1/4 of

Section 19, Township 5 South, Range 76 West, 6th P.M., 1450 feet from the North section line and 600 feet from the West section line

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PAGE 6

of said Section 19. All of the foregoing water rights identified in subsections (1) and (2) were changed by the Water Court in Case No.

82CW430 wherein each of said water rights may be used as an alternate point of diversion for any of the others, up to the limits set forth

in said decree wherein the Owner’s Well No. 3 may be diverted up to 1000 gpm. (3) Owner’s Well No. 4 First Enlargement, decreed by

the Water Court in Case No. 84CW682 and changed in Case No. 95CW99 for 800 gpm conditional, for domestic, municipal (including

fire protection), commercial, irrigation and recreation uses, with an appropriation date of December 17, 1982. The source of this well

is the Snake River alluvium and its location is the same as the well described in paragraph 3.a.(2)(iii) above, (4) Site #1 Well, decreed

by the Water Court in Case No. W-1368 for 550 gpm absolute for domestic, municipal, recreational, fire protection, and irrigation uses,

with an appropriation date of June 1972. The source of this well is the Snake River alluvium and its location is in the NW1/4 NW1/4

of Section 24, Township 5 South, Range 77 West of the 6th P.M. at a point 940 feet from the North section line and 535 feet from the

West section line of said Section 24. Site #1 Well was also decreed by the Water Court in Case Nos. W-1361 and W-1362 as an alternate

point of diversion for the Mexican Creek Ditch and Tenderfoot Creek Ditch for 2.25 cfs for domestic, commercial, and municipal

purposes, (5) Key Base Well, decreed by the Water Court in Case No. W-1369 for 35 gpm absolute for domestic, municipal, commercial,

and recreational uses, with an appropriation date of October 1969. The source of this well is the Snake River alluvium and its location

is in the SE1/4 NE1/4 of Section 24, Township 5 South, Range 77 West of the 6th P.M. at a point 1880 feet from the North section line

and 930 feet from the East section line of said Section 24. Key Base Well was also decreed by the Water Court in Case Nos. W-1361

and W-1362 as an alternate point of diversion for the Mexican Creek Ditch and Tenderfoot Creek Ditch for 2.25 cfs for domestic,

commercial, and municipal purposes, b. Sources of Augmentation Water. The Augmented Water Rights described in paragraph 3.a.

above are augmented by exchange by the following sources of augmentation water (collectively the “Augmentation Water Rights”): (1)

150 acre feet of water per year from Dillon Reservoir which is located on the Blue River in Sections 7, 8, 17, 18, 19, 20, 21, 30 and 31,

all in Township 5 South, Range 77 West of the 6th P.M., and in Sections 13, 23, 24, 25, 26, 35 and 36, all in Township 5 South, Range

78 West of the 6th P.M., pursuant to Article III.B.7 (45 acre feet) and Article III.B.14 (105 acre feet) of the Colorado River Cooperative

Agreement (“CRCA”) with Denver Water, (i) The 150 acre feet of water per year from Dillon Reservoir water set forth above is subject

to the terms of the CRCA. Under Article III.B.14.b of the CRCA, the District is required to provide to Denver Water 1.4 acre feet of

“Replacement Water” per acre foot of Dillon Reservoir water for 105 acre feet of the 150 acre feet of Dillon Reservoir water. This

Replacement Water will be furnished from Wolford Mountain Reservoir, Green Mountain Reservoir, or any other source that conforms

to Article III.A.4 of the CRCA, (2) 0.8 acre feet of water per year obtained from Summit County, acting by and through its Board of

County Commissioners, pursuant to Water Supply Contract from the following storage facilities: (i) Dillon Reservoir, located as

described above, pursuant to the Agreement between Summit County and Denver Water dated September 19, 1985, (ii) Clinton Gulch

Reservoir, the dam for which is located at a point in the SW1/4 NW1/4 of Section 25, Township 7 South, Range 79 West, 6 th P.M., at a

point whence the North quarter corner of said Section 25 bears North 33°51ꞌ50" East 2840.44 feet, pursuant to the Clinton Reservoir –

Fraser River Water Agreement with Denver Water dated July 21, 1992, as amended, and the decrees of the Water Court in Case Nos.

W-2559 and 92CW65; and (iii) Old Dillon Reservoir, located in the SW1/4 SE1/4 and SE1/4 SW1/4 of Section 13, Township 5 South,

Range 78 West of the 6th P.M. in Summit County, Colorado, pursuant to the decrees of the Water Court in Case Nos. 93CW288,

07CW223, 07CW226, 08CW201 and 08CW203, c. Exchange Plan. The plan for exchange decreed in Case No. 12CW175 is as follows:

(1) The downstream termini of the exchanges involving Dillon Reservoir, Clinton Gulch Reservoir, and Old Dillon Reservoir, is Dillon

Reservoir on the Blue River depicted on Exhibit 2, which confluence is located in SE1/4 NE1/4 Section 21, Township 5 S., Range 77

W., 1,948 feet from the North Section Line and 1,078 feet from the Section Line or as that point may change from time-to-time with

changes in the water level in Dillon Reservoir, (2) The upstream termini of the exchanges are depicted on Exhibit 1 and are as follows:

(i) SRWD Supplemental Well No. 1A exchange to location: SW1/4 NW1/4 of Section 24, Township 5 South, Range 77 West, 6 th P.M.,

1,340 feet from the North section line and 498 feet from the West section line of said Section 24, (ii) Site #1 Well exchange to location:

SW1/4 NW1/4 of Section 24, Township 5 South, Range 77 West, 6th P.M., 1,340 feet from the North section line and 498 feet from the

West section line of said Section 24, (iii) Owner’s Well No. 1 exchange to location: SW1/4 NE1/4 of Section 24, Township 5 South,

Range 77 West, 6th P.M., 1,499 feet from the North section line and 2,391 feet from the East section line of said Section 24, (iv) Key

Base Well exchange to location: SE1/4 NE1/4 of Section 24, Township 5 South, Range 77 West, 6th P.M., 1,410 feet from the North

section line and 881 feet from the East section line of said Section 24, (v) Owner’s Well No. 3 exchange to location: NW1/4 NW1/4 of

Section 19, Township 5 South, Range 76 West, 6th P.M., 1,320 feet from the North section line and 250 feet from the West section line

of said Section 19, (vi) Owner’s Well No. 4 & Owner’s Well No. 4 First Enlargement exchange to location: SW1/4 NW1/4 of Section

19, Township 5 South, Range 76 West, 6th P.M., 1,527 feet from the North section line and 530 feet from the West section line of said

Section 19. (3) Exchange Plan Rate. The combined maximum instantaneous rate of the exchanges is 1,700 gpm conditional to the water

rights and/or structures identified in paragraph 3.a. above at both their original and alternate points of diversion. The annual volume of

the exchange(s) described herein shall not result in more than 150.8 acre feet of consumptive use by the District. (4) Priority Date. May

15, 2012. 4. Detailed outline of work done to complete project and apply water to beneficial use: The subject plan for exchange is part

of the District’s integrated water supply system and is one of the means by which the District provides water for municipal, domestic,

irrigation, and other decreed purposes. However, certain water rights are currently not in use by the District due to water quality issues,

specifically high levels of iron and manganese. While the presence of these minerals are not a health issue, iron and manganese can

give water an unpleasant taste, odor, and color. The deposits of these minerals can also build up in the pumping and distribution system

thereby reducing the flow of water and impacting the efficiency of certain of its wells. Since the District’s existing method for treating

the iron and manganese was water intensive and inefficient, the District has constructed a new Base III Water Treatment Facility. This

new treatment facility will enable the District to efficiently address the water quality issues and allow certain of its wells to be pumped

at its full decreed rate. During the subject diligence period, the District has spent $8,879,371 on the development of the Base III Water

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Treatment Facility. The Base III Water Treatment Facility will enable the District to utilize certain of its wells, some of which are

augmented by the subject plan for exchange. The foregoing demonstrates the District’s continued diligence with respect to its plan for

exchange. In addition, the District has spent an additional $1,333,525 on capital system improvements during the subject diligence

period. These improvements include the Base II vault safety, corrosion control, coating of the Base I tank, the new Base II tank, analysis

of the Key Base well, waterline break and repairs, SCADA/pressure reducing upgrades and additional well sensors. 5. The name and

address of the owners of the land on which the plan for exchange is located: All of the facilities at the upstream termini of the exchange

described in paragraph 3 above are located on land owned by the District or on which the District has easements. WHEREFORE the

District requests that the Water Court issue a decree that (a) finds that the District has been reasonably diligent with respect to the

conditional portion of the plan for exchange; (b) continues the conditional status of the plan for exchange in full force and effect; and

(c) provides such other relief as may be appropriate and consistent with this pleading. (6 pages + Exhibit)











20CW3092 GRAND COUNTY. Southern Exposure, LLC c/o Randolph S. Atwater, P.O. Box 3317, Winter Park, CO 80482. Applicant

is represented by Kent Whitmer and Katie Randall, The Whitmer Law Firm, LLC, PO Box 38, Hot Sulphur Springs, CO 80451, (970)

725-3460. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. Name of Structure for Underground Water Rights:

Southern Exposure Well No. 1. Source: Ground water from alluvium sand, gravel and other sedimentary materials hydraulically

connected to Silver Creek, tributary to Fraser River, tributary to Colorado River. Well Location: The well is located in the SW1/4

SW1/4, Section 35, Township 1 North, Range 76 West, 6th P.M., 820 feet from South section line and 190 feet from West section line.

Depth: Unknown; the well has not yet been drilled. Use: Domestic use for in-house use including two kitchens, heated garage, four

domestic animals equivalent to double occupancy. Detailed use is described in 05CW146. Type of Structure: Well. Quantity: 15 gallons

per minute (“g.p.m.”) conditional, 0.26 acre-feet per year. Name of Conditional Appropriative Right of Exchange: Southern Exposure

Exchange. Rate of Exchange: 0.033 cubic feet per second (“c.f.s.”) conditional, 0.2 acre-feet of depletions, 0.7 acre-feet annual demand.

Exchange Reach: Upstream Terminus: Southern Exposure Well No. 1, located in SW1/4 SW1/4, Section 35, Township 1 North, Range

76 West 6th P.M., 820 feet from the South section line and 190 feet from West section line. Downstream Terminus: The confluence of

the Colorado River and Muddy Creek in Section 19, Township 1 North, Range 80 West, 6th P.M., 2000 feet from the East section line

and 200 feet from the North Section line. Appropriation Date: July 1, 2005. Original Decree: May 16, 2008, Case No. 2005CW146,

Water Court Division No. 5. Additional Information: The decrees at Case Nos. 05CW146 and 14CW3041 set forth additional terms and

conditions, including a plan for augmentation, that continue to be in effect for the water rights of this application. The application and

attached exhibits contain a detailed outline of the work performed during the diligence period (19 pages).











2020CW3093 SUMMIT AND GRAND COUNTIES. Applicants: The Colorado River Water Conservation District, acting by and

through its Colorado River Water Projects Enterprise (“CRWCD”), 201 Centennial Street, Suite 200, P.O. Box 1120, Glenwood Springs,

CO 81602, (970) 945-8522, and The City and County of Denver, acting by and through its Board of Water Commissioners (“Denver

Water”), 1600 West 12th Avenue, Denver, CO 80204, (303) 682-6460. Attorneys for CRWCD: Peter C. Fleming, No. 20805, Jason V.

Turner, No. 35665. Attorneys for Denver Water: Jessica R. Brody, General Counsel, Daniel J. Arnold, No. 35458, James M. Wittler,

No. 44050, Andrew J. Hill, No. 47896. Denver Water and CRWCD are collectively referred to herein as the “Applicants.”

CONCERNING THE APPLICATION FOR WATER RIGHTS OF THE COLORADO RIVER WATER CONSERVATION

DISTRICT ACTING BY AND THROUGH ITS COLORADO RIVER PROJECTS ENTERPRISE, AND THE CITY AND COUNTY

OF DENVER ACTING BY AND THROUGH ITS BOARD OF WATER COMMISSIONERS. APPLICATION FOR FINDING OF

REASONABLE DILIGENCE Application eleven (11) pages. 2. Subject Water Right: The water right involved in this proceeding is

an appropriative right of exchange from Wolford Mountain Reservoir to Dillon Reservoir and the Montezuma Tunnel, also known as

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the Harold D. Roberts Tunnel (“Subject Water Right”). The Subject Water Right was originally decreed in Paragraphs 23-25 of the

Wolford Mountain Reservoir Decree entered in Case No. 1991CW252. 3. Description of Subject Water Right: A. Date of Original

Decree: Case No. 1991CW252 on March 5, 1996, Division 5 Colorado Water Court. B. Subsequent Decrees Awarding Findings of

Diligence: (1) Date of Decree: February 12, 2003, Case No. 2002CW081, Division 5 Colorado Water Court. (2) Date of Decree: August

24, 2014, Case No. 2009CW014, Division 5 Colorado Water Court. C. Names of Structures: (1) Wolford Mountain Reservoir (2) Dillon

Reservoir (3) Montezuma Tunnel, also known as Harold D. Roberts Tunnel D. Type of Water Right: Exchange. E. Legal Description:

(1) Wolford Mountain Reservoir: An existing structure owned and operated by the CRWCD which stores water behind a dam located

across the channel of Muddy Creek, in Section 25, Township 2N, Range 81W, of the 6th Principal Meridian in Grand County, Colorado,

as depicted in Exhibit A. The right to store the waters of Muddy Creek under an appropriation dated December 14, 1987, is evidenced

by Decree of the District Court for Water Division No. 5 in Case No 1987CW283, dated November 20, 1989. (2) Dillon Reservoir: An

existing structure owned and operated by Denver Water which stores water behind a dam across the channel of the Blue River located

in Section 13, Township 5 South, Range 78 West, of the 6th Principal Meridian, in Summit County, Colorado, as depicted in Exhibit

A. The right to store the waters of the Blue River and its tributaries in Dillon Reservoir under a priority date of June 24, 1946, is

evidenced by Decree of the District Court of Summit County in its Case Nos. 1805 and 1806 and by the Final Judgment and Final

Decree of the Federal District Court entered in these Consolidated Cases on October 12, 1955. (3) Montezuma Tunnel, also known as

the Harold D. Roberts Tunnel: An existing structure owned and operated by Denver Water, the point of diversion is the west portal of

the Tunnel which is located at a point whence the East Quarter Corner (E1/4) of Section 18, Township 5 South, Range 77 West of the

6th P.M. bears South 81 degrees 07’ East, 941.6 feet, as depicted in Exhibit A. The Montezuma Tunnel was decreed in Case Nos. 1805

and 1806 in the District Court of the County of Summit on March 10, 1952, with an appropriation date of June 24, 1946. The Federal

District Court confirmed the appropriation date in these Consolidated Cases on October 12, 1955. The Tunnel diverts water from the

Blue River, Snake River, and Ten Mile Creek. F. Source: The sources of water for the Subject Water Right are as follows: (1) The water

to be used for the exchange is from water of Muddy Creek and its tributaries which have been stored in Wolford Mountain Reservoir,

described above. (2) The water to be stored or diverted by exchange is from the waters of the Blue River and its tributaries at or above

Dillon Dam, described above. G. Appropriation Dates: March 3, 1987 H. Amount: 25 cfs absolute and 175 cfs conditional, with a

maximum exchange in any given year of 26,000 acre-feet. I. Use: All municipal uses, including domestic use, irrigation, mechanical

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

parks, lawns and grounds, the maintaining of adequate storage reserves, replacement, exchange, and the adjustment and regulation of

the units of the Denver Municipal Water Works system within themselves and with other water users. Such uses are to be repetitive to

the fullest extent possible within the limits of the physical and economic feasibility as found by Denver Water. The water stored or

diverted by exchange under the decree herein is subject to the limitations of the October 12, 1955 Decree in Consolidated Civil Nos.

2782, 5016, and 5017, United States District Court, District of Colorado. CLAIM FOR FINDING OF REASONABLE DILIGENCE.

4. Diligence Activities: The following activities describe Denver Water and CRWCD’s steady application of effort to complete the

appropriation in a reasonably expedient and efficient manner under all the facts and circumstances: A. Amounts Expended: The

following work described in paragraphs 4.B through 4.E below describes Denver Water and CRWCD’s effort to maintain and fully

develop the Subject Water Right. Over the last diligence period, Denver Water has spent at least $26,000,000 on work on the following

facilities within its collection systems tributary to the Colorado River. B. Wolford Mountain Reservoir: (1) Since 2014, after entry of

the 2009CW014 diligence decree, Denver Water expended $16,500,000 pursuant to a Lease Agreement dated March 3, 1987 and

amended July 21, 1992. (2) Beginning June 2, 1996, Denver Water had available for its use 26,000 acre-feet in its storage account in

Wolford Mountain Reservoir for exchange under the terms and conditions of the Lease Agreement and the decree in 1991CW252. Water

has been released from Denver Water’s account for substitution. Water continues to be available for exchange pursuant to the terms of

the decree in 1991CW252. (3) During the diligence period, the CRWCD expended over $6,500,000.00 for financing operation and

maintenance of Wolford Mountain Reservoir. These expenditures are necessary to maintain a pool of water in Denver Water’s account

for the potential operation of the Subject Water Right. C. Dillon Reservoir: (1) Denver Water completed annual dam safety inspections

with the State Engineer’s Office and the Federal Energy Regulatory Commission (“FERC”), conducted drills of the Emergency Action

Plan, and surveyed Dillon Dam for movement. (2) In 2014, Intrasearch, Inc. provided inundation mapping at Dillon Dam. The total

project cost was approximately $10,000. (3) In 2014, AECOM Technical Services, Inc. developed a plan to evaluate, and determine

necessary upgrades, for the horizontal wheel gate on the intake structure of Dillon Dam. The total project cost was approximately

$30,000. (4) In 2015, AECOM Technical Services, Inc. provided engineering services for the FERC Consultant Safety Inspection

Report. The total project cost was approximately $57,000. (5) In 2015, North Line GIS was contracted to set up a consortium for the

collection of aerial and light detecting and ranging (“LIDAR”) collection of terrain data to support the Dillon Dam operational release

mapping. The total project cost was approximately $47,000. (6) In 2015, CDM Smith, Inc. provided engineering services on the Dillon

Reservoir outflow hydraulic modeling and inundation mapping project. The total project cost was approximately $59,000. (7) In 2016,

Sturgeon Electric Company, Inc. completed the Dillon Dam hydropower switchgear and protective relay replacement. The total project

cost was approximately $3,513,000. (8) In 2017, ASI Marine LP conducted an underwater inspection of the buoy line anchor cables at

Dillon Reservoir. The total project cost was approximately $10,000. (9) In 2019, Denver Water entered into an Inter-governmental

Agreement with the Colorado Water Conservation Board to fund Airborne Snow Observatory (“ASO”) flights over the Blue River basin

above Dillon Reservoir. The ASO program used LIDAR equipped aircraft to determine the amount of water contained within the

snowpack on a watershed scale. Quantum Spatial, Inc. performed the observatory flights and the data processing. The total project cost

was approximately $181,000. D. Roberts (Montezuma) Tunnel: (1) In 2015, Absolute Welding and Fabrication LLC completed the

repair of the auxiliary steel penstock of the east portal power plant. The total project cost was approximately $18,000. (2) In 2016, Lithos

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Engineering LLC conducted a detailed inspection of the Roberts Tunnel and produced a report of inspection findings. The total project

cost was approximately $11,000. (3) In 2016, Denver Water entered into a power wheeling agreement with Intermountain Rural Electric

Association to transmit power generated at the Roberts Tunnel. The total cost was approximately $88,000. (4) In 2017, Kumar &

Associates, Inc. performed a geotechnical engineering study for planned hydro upgrades to the Roberts Tunnel. The total project cost

was approximately $48,000. (5) In 2018, Sturgeon Electric Company, Inc. provided cost estimating services for hydroelectric upgrades

at the east portal of the Roberts Tunnel. The total project cost was approximately $81,000. (6) In 2019, Rock Solid Solutions Corporation

completed rockfall mitigation improvements at the east portal of the Roberts Tunnel. The total project cost was approximately $481,000.

(7) Starting in 2019, Voith Hydro Inc. furnished a replacement runner, and required ancillary equipment and parts for the hydro turbine

of the east portal of the Roberts Tunnel. Currently, the total project cost is approximately $189,000. (8) In 2019, Gracon, LLC began a

maintenance teardown of the hydroelectric unit at the east portal of the Roberts Tunnel. The teardown includes the replacement of a

governor system and turbine runner in the hydroelectric unit, installation of new brakes and speed systems for the generator, and a new

electrical power distribution system. Currently, the total project cost is approximately $1,213,000. E. Williams Fork Reservoir: (1)

Denver Water completed annual dam safety inspections with the State Engineer’s Office and FERC, conducted drills of the Emergency

Action Plan, and surveyed Williams Fork Dam for movement. (2) In 2015, HDR Engineering, Inc. provided engineering services for

the 2015 Emergency Action Plan Inundation Mapping for Williams Fork Dam. The total project cost was approximately $39,000. (3)

In 2015, Gannett Fleming, Inc. provided support services regarding the 2013 FERC Consultant Safety Inspection Report for Williams

Fork Dam. The total project cost was approximately $15,000. (4) In 2016, Gannett Fleming, Inc. provided engineering services for

revised seismic structural analyses for Williams Fork Dam. The total project cost was approximately $151,000. (5) In 2016, Top Notch

Fence, LLC installed approximately one mile of wildlife friendly fencing on Denver Water property at Williams Fork Reservoir. The

total cost was approximately $18,000. (6) In 2017, Tri-State Generation & Transmission Association entered into a power purchase

agreement with Denver Water to purchase hydroelectric power generated at Williams Fork Reservoir. To allow for transmission of the

power generated at Williams Fork Reservoir, an Interconnection Agreement was obtained with Mountain Parks Electric, Inc. (7) In

2017, ASI Marine LP conducted a remotely operated vehicle inspection of the penstock gate and hydraulic cylinder of the outlet works

slide gate at Williams Fork Dam. The total project cost was approximately $28,000. (8) In 2017, Gracon LLC refurbished one of the

hydropower units at Williams Fork Dam and upgraded the supporting equipment for the turbine and generator. Additionally, the

penstock gate was completely refurbished. The total project cost was approximately $2,572,000. (9) In 2018, Gannet Fleming, Inc.

provided engineering services to prepare the 11th Consultant Safety Inspection Report and the Supporting Technical Information

Document for the Williams Fork Dam. The total project cost was approximately $87,000. (10) In 2018, ERO Resources Corporation

completed a cultural resource survey to identify sites of historic value within the reaches of the Williams Fork River identified for stream

restoration work. Additionally, an evaluation of the potential impact to endangered species within the stream reaches was conducted.

The total project cost was approximately $37,000. (11) Starting in 2018, Tezak Heavy Equipment Company, Inc. began stream

restoration work above and below Williams Fork Reservoir to restore aquatic resource functions and habitat complexity to the two

reaches of the river. The total project cost was approximately $984,000. (12) In 2019, Denver Water entered into an Inter-governmental

Agreement with Colorado Parks and Wildlife (“CPW”) to relocate a portion of the stream restoration along the Williams Fork River

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

the trout fishery at this location while still meeting Denver Water goals. (13) In 2019, DWCA Environmental Consultants completed a

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

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

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

$86,000. (15) In 2019, Gannett Fleming, Inc. provided engineering services to prepare the Spillway Seismic Pier Evaluation for Williams

Fork Dam. The total project cost was approximately $48,000. 5. Names and Addresses of Landowners Where Structures are Located:

The following list includes the names and addresses of landowners 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. A. United States of America, Bureau of Land Management, PO Box

68, Kremmling, CO 80459-0068. B. United States of America Forest Service, C/O District Ranger, PO Box 620, Silverthorne, CO

80498-0620. C. Town of Dillon, PO Box 8, Dillon, CO 80435-0008. D. Summit County Board of County Commissioners, PO Box 68,

Breckenridge, CO 80424-0068. E. Summit School District RE-1, PO Box 7, Frisco, CO 80443-0007. F. Town of Frisco, PO Box 4100,

Frisco, CO 80443-4100. Applicants are not proposing new diversion or storage structures that do not already exist, nor are Applicants

proposing modifications to any existing diversion or storage structure. 6. Remarks: Consolidated Case Nos. 1805 and 1806 are also

referred to by their consolidated Federal District Court case numbers of 2782, 5016, and 5017.









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20CW3094 (88CW333, 94CW51, 00CW138, 07CW21, 13CW3055) GRAND COUNTY – GRAND COUNTY WATER AND

SANITATION DISTRICT #1, c/o Bruce Hutchins, General Manager. Attorney for Applicant: David A. Bailey, Law Office of David

A. Bailey, P.O. Box 350433, Westminster, Colorado 80035-0433, Telephone: (303) 898-6531, [email protected]. Please direct

all inquiries, correspondence and pleadings regarding this matter to counsel for the District identified herein. APPLICATION FOR A

FINDING OF REASONABLE DILIGENCE. 1. Name, address and telephone number of Applicant: Grand County Water and

Sanitation District #1, P.O. Box 3077, Winter Park, Colorado 80482, Telephone: (970) 726-5583. 2. Name of structure: Grand County

Water and Sanitation District No. 1 Reservoir. 3. Description of conditional water right: A. Name of Structure: Grand County Water

and Sanitation District No. 1 Reservoir (“GCWSD No. 1 Reservoir”). B. Legal description of GCWSD No. 1 Reservoir: In the

NE¼SW¼ of Section 28, T. 1 S., R. 75 W., 6th P.M. The initial point of survey is located at a point on the north line of said NE¼SW¼,

200 feet east of the Northwest Corner of said NE¼SW¼. C. Point of Diversion: The GCWSD No. 1 Reservoir fills through a ditch from

the Sitzmark Pond No. 1 when the Sitzmark Pond No. 1 has filled. D. Source: Fraser River, tributary to the Colorado River. E.

Appropriation date: December 20, 1983. F. Adjudication date: May 1, 1984. G. Amount claimed: 8.0 acre-feet, conditional. H. Uses:

Domestic and municipal. I. Legal description of land where water will be used: The District’s service area includes parts of Sections 27,

28, 29, 32, 33, 34 and 35, Township 1 South, Range 75 West, 6th P.M., which would include any areas to be irrigated. The Application

includes a detailed description of activities undertaken during the diligence period toward the application of the subject water right to

beneficial use. The GCWSD No. 1 Reservoir is located on land owned by the District.











20CW3095 (14CW3010, 06CW237) EAGLE COUNTY – SPRING CREEK, TRIBUTARY TO THE EAGLE RIVER,

TRIBUTARY TO THE COLORADO RIVER. Gerald D. Fiala, c/o Scott C. Miller, Esq. and John. M. Sittler, Esq., Patrick, Miller &

Noto, P.C., 229 Midland Ave., Basalt, CO 81621 (970) 920-1030. APPLICATION FOR FINDING OF REASONABLE DILIGENCE.

First Claim: Fiala Diversion. Description of conditional water right: Date of original decree: January 21, 2008; Case No. 06CW237,

Division 5 Water Court. Subsequent diligence decrees: August 23, 2014; Case No. 14CW3010, Division 5 Water Court. Legal

description of location: The point of diversion is in the SE ¼ of the NE ¼ of Section 36, Township 4 South, Range 83 West of the 6th

P.M., at a point 2,245 feet from the North section line and 495 feet from the East section line of said Section 36. A map is on file with

the court as Exhibit A. Source: Spring Creek, tributary to the Eagle River, tributary to the Colorado River. Appropriation date: August

3, 2006. Amount: 0.25 cfs, conditional. In Case No. 14CW3010, Division 5 Water Court, 0.067cfs (30 gpm) was made absolute for all

decreed uses. Therefore 0.183 cfs remains conditional for all decreed uses. Uses: Aesthetic, fire protection, and piscatorial uses and for

filling the Fiala Pond for subsequent recreation, aesthetic, fire protection, and piscatorial uses. Claim for finding of reasonable diligence:

Applicant has exercised reasonable diligence towards completion of the Fiala Diversion water right. A detailed outline of work

performed towards completion of the appropriation, including expenditures, is on file with the court as Exhibit B. Applicant owns the

land on which the water rights are located, and where the water will be put to beneficial use. Remark: As decreed in Case No. 06CW237,

Division 5 Water Court, the Fiala Diversion is part of an integrated water supply for Applicant’s property. “When a project or integrated

system is comprised of several features, work on one feature of the project or system shall be considered in finding that reasonable

diligence has been shown in the development of water rights for all features of the entire project or system.” C.R.S. § 37-92-301(4)(b).

Second Claim: Name of conditional water right: Fiala Pond. Description of conditional water right: Date of original decree: January

21, 2008; Case No. 06CW237, Division 5 Water Court. Date of subsequent diligence decrees: August 23, 2014; Case No. 14CW3010,

Division 5 Water Court. Legal description of conditional water right: The Fiala Pond is located in the SE ¼ of the NE ¼ of Section 36,

Township 4 South, Range 83 West of the 6th P.M., 2,240 feet from the North section line and 610 feet from the East section line of said

Section 36. A map is on file with the court as Exhibit A. Source: Fiala Diversion, tributary to Spring Creek, tributary to the Eagle River,

tributary to the Colorado River. If filled from ditch: Name of ditch used to fill reservoir and capacity in cfs: Fiala Diversion at 0.25 cfs.

Legal description of each point of diversion: Fiala Diversion, as described in paragraph 3.C above. Appropriation date: August 3, 2006.

Amount: 0.35 acre-feet, conditional. In Case No. 14CW3010, Division 5 Water Court, 0.024 acre-feet was made absolute for all decreed

uses. Therefore 0.326 acre-feet remains conditional for all decreed uses. Uses: Recreation, aesthetic, fire protection, and piscatorial uses,

to fill, refill, and flow-through for such uses when in priority or pursuant to Applicant’s plan for augmentation as decreed in Case No.

06CW237, Division 5 Water Court. Surface area of high water line: 0.07 acres. Vertical height of dam: Less than 10 feet. Length of

dam: Less than 10 feet. Total capacity of reservoir in acre-feet: 0.35 acre-feet. Active capacity: 0 acre-feet. Dead storage: 0.35 acre-feet.

Claim for finding of reasonable diligence: Applicant has exercised reasonable diligence towards completion of the Fiala Pond water

right. A detailed outline of work performed towards completion of the appropriation, including expenditures, is on file with the court as


AUGUST 2020 RESUME

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Exhibit B. Applicant owns the land on which the water rights are located, and where the water will be put to beneficial use. Remark:

As decreed in Case No. 06CW237, Division 5 Water Court, the Fiala Pond is part of an integrated water supply for Applicant’s property.

“When a project or integrated system is comprised of several features, work on one feature of the project or system shall be considered

in finding that reasonable diligence has been shown in the development of water rights for all features of the entire project or system.”

C.R.S. § 37-92-301(4)(b).











20CW3096 (13CW3028) (06CW67) (CA1416). ROUTT COUNTY. Lone Creek Land Company LLC, c/o Chris Laughlin,

Accounting Manager, 100 West Grand Drive, Lincoln, Nebraska 68521, Phone: (402) 580-8186, E-mail: chris-

[email protected]. Copies of all pleadings to David F. Bower, #39405, Alison M. Lipman, #47860, Johnson & Repucci LLP,

850 W. South Boulder Road, Suite 100, Louisville, Colorado 80027, Phone: (303) 442-1900, Fax: (303) 442-0191, E-mail: dfbower@j-

rlaw.com; [email protected]. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. Name of Structure. Kelly

Reservoir No. 1 (a/k/a Kelly Reservoir). Original and Subsequent Decrees. Kelly Reservoir No. 1 was originally decreed for 291.68

acre-feet, conditional, by the District Court in and for the County of Eagle, in Civil Action No. 1416, dated September 13, 1967. The

conditional right was made absolute for 226.22 acre-feet and continued for 65.46 acre-feet by the ensuing decree entered in Civil Action

No. 1416, dated July 21, 1970, nunc pro tunc July 17, 1968. The 65.46 acre-feet conditional right was continued in its entirety by the

decrees entered in Case Nos. 06CW67 and 13CW3028, Water Division 5, dated August 20, 2007 and August 23, 2014, respectively.

Legal Description of Structure. Kelly Reservoir No. 1 is located in the channel of Wohler Gulch, in the NW1/4 of Section 18, Township

1 North, Range 84 West of the 6th P.M. The initial point of survey of the high water line of the reservoir is located at a point whence

the Southwest Corner of Section 18, Township 1 North, Range 84 West of the 6th P.M. bears South 24°42′ West, a distance of 3,728

feet. A map showing the general location of Kelly Reservoir No. 1 is attached as Exhibit A. Source. Wohler Gulch, a tributary to

Egeria Creek, tributary to Red Dirt Creek, tributary to Rock Creek, tributary to the Colorado River. Decreed Amount. 226.22

acre-feet, absolute (as recognized in Civil Action No. 1416, dated July 21, 1970), and 65.46 acre-feet, conditional. Uses. Irrigation,

domestic, piscatorial, and recreational purposes. Date of Appropriation. December 12, 1962. Claim for Finding of Reasonable Diligence.

Applicant seeks to continue as conditional the 65.46 acre-feet water right originally decreed to the Kelly Reservoir No. 1 in Civil Action

No. 1416 as described above. During the subject diligence period, the following activities were performed proving Applicant’s intention

to put the subject water right to beneficial use and the actions taken by Applicant to do so: Acquisition of Ranch. In November 2018,

Applicant acquired the Porcupine Ridge Ranch and all of its associated water rights and structures, including the Kelly Reservoir, from

Porcupine Ridge Ranch, LLC. The water rights associated with the ranch were a critical reason for Applicant’s acquisition and

investment in the property. As part of Applicant’s due diligence for the acquisition, Applicant had an in-depth water rights summary

and analysis prepared for the ranch, which included an investigation of Kelly Reservoir and its associated water rights. Since Applicant

has taken ownership of the Porcupine Ridge Ranch, Applicant has continued the previous owner’s efforts to protect and enhance the

water rights associated with the ranch, including to fully develop the conditional water rights. Reservoir Rehabilitation and Enlargement

Efforts. Throughout the subject diligence period, the Colorado Division of Water Resources’ Dam Safety Branch has performed

inspections of the Kelly Reservoir with ranch personnel, and provided recommendations and requirements for reservoir maintenance

and operations, which work is both a prerequisite to and a component of expanding the reservoir to its full decreed capacity of 291.68

acre-feet. Applicant’s predecessor and Applicant have continued to work with the Dam Safety Branch on maintaining and rehabilitating

the Kelly Reservoir as a result of these inspections. For example, on March 5, 2015, Porcupine Ridge Ranch, LLC agreed to short-term

and long-term compliance plans relating to the rehabilitation and restoration of the Kelly Reservoir dam. More recently, this January,

Applicant obtained a proposal for additional engineering design for the rehabilitation of the Kelly Reservoir dam from Applegate Group,

Inc. This work has been authorized and is currently being conducted. To date, Applicant has spent $22,256.75 on various design and

engineering activities related to the Kelly Reservoir. General Legal and Engineering Costs. Applicant has also incurred significant

general legal and engineering costs during the subject diligence period in performing water rights related work and in monitoring,

evaluating, and participating in other related projects in order to protect the Porcupine Ridge Ranch water rights, including Kelly

Reservoir, against injury. Name of Landowner upon which any New or Modified Diversion Structure is Located. Kelly Reservoir No.

1 is on land owned by Applicant. (5 pages including map)






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20CW3097 PITKIN COUNTY. CRYSTAL RIVER ALLUVIUM, TRIB. TO THE ROARING FORK RIVER, TRIB. TO

COLORADO RIVER. Application for Finding of Reasonable Diligence and to Make Absolute, in Part. Applicant: Thomas H.

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

By this application, the Applicant seeks findings of reasonable diligence on three cond. ground water rights, two surface water rights,

and a water storage right decreed in Case No. 98CW283 and subsequent diligence in Case Nos. 05CW242 and 13CW3023. Applicant

also seeks confirmation of cond. water rights being made absolute, in part. These water rights provide an augmented supply for several

proposed residences on property located in Pitkin County, Colorado. The general location of the water rights are shown on Exhibit A.

Structures: FDRW Wells No. 1, 2, and 3. Orig. Decree: Case No. 98CW283, Dist. Court, Water Division 5, entered 11/26/1999.

Subsequent Decrees Granting Diligence: Case No. 05CW242, Dist. Court, Water Division 5 entered 5/29/2007 and Case No.

13CW3023, Dist. Court, Water Division 5 entered 8/31/2014. Well Permit Info.: Documentation for all three well permits is attached

as Exhibit B. FDRW Well No. 1: 77256-F; FDRW Well No. 2: 77203-F; FDRW Well No. 3: 77255-F; Decreed location for the FDRW

Wells No. 1, 2, and 3: FDRW Well No. 1, is located in the NE1/4 NE1/4, Sec. 22, T. 8 S., R. 88 W., 6th P.M. at a pt. 600 ft. S. of the

N. Sec. line and 300 ft. W. of the E. Sec. line of said Sec. 22. FDRW Well No. 2 is located in the NW1/4 NW1/4, Sec. 23, T. 8 S., R.

88 W., 6th P.M. at a pt. 1,000 ft. S. of the N. Sec. line and 400 ft. E. of the W. Sec. line of said Sec. 23. FDRW Well No. 3 is located in

the NW1/4 NW1/4, Sec. 23, T. 8 S., R. 88 W., 6th P.M. at a pt. 700 ft. S. of the N. Sec. line and 600 ft. E. of the W. Sec. line of said Sec.

23. Source: All wells withdraw water from the Crystal River alluvium, trib. to the Roaring Fork River, trib. to the Colorado River. Date

of Approp. for all wells: 11/16/1998. Amt. and Depth: 0.033 cfs, cond., for each well. Each well is 150 ft. deep. Uses: the wells are

decreed for Dom., irr., livestock watering and fire prot. uses. Irr. of up to 0.34 acres of land located in the NE1/4 NE1/4, Sec. 22, and

NW1/4 NW1/4 of Sec. 23, T. 8 S., R. 88 W., 6th P.M. Dom. water for three single-family residences, stockwater for six horses and fire

prot. Structures: E. Mesa Ditch FDRW Enlargement and FDRW Ditch. Orig. Decree: Case No. 98CW283, Dist. Court, Water

Division 5, entered 11/26/1999. Subsequent Decrees Granting Diligence: Case No. 05CW242, Dist. Court, Water Division 5 entered

5/29/2007 and Case No. 13CW3023, Dist. Court, Water Division 5 entered 8/31/2014. Decreed Locations: E. Mesa Ditch FDRW

Enlargement is located in the NE1/4 SE1/4 of Sec. 9, T. 9 S., R. 88 W., 6th P.M. at a pt. 3,000 ft. S. of the N. Sec. line and 800 ft. W.

of the E. Sec. line of said Sec. 9. FDRW Ditch is located in the NE1/4 NE1/4, Sec. 22, T. 8 S., R. 88 W., 6th P.M. at a pt. 800 ft. S. of

the N. Sec. line and 450 ft. W. of the E. Sec. line of said Sec. 22. Source: Source for E. Mesa Ditch FDRW Enlargement is the Crystal

River, trib. to the Roaring Fork River, trib. to the Colorado River. Source of the FDRW Ditch is Thomas Creek, trib. to the Crystal

River, trib. to the Roaring Fork River, trib. to the Colorado River. Date of Approp.: 11/16/1998 for both structures. Amt.: 1 cfs, cond.,

for both ditches. Uses: E. Mesa Ditch FDRW Enlargement: to fill the FDRW Pond, described below, and fire prot. FDRW Ditch: to fill

the FDRW Pond described below, irr. and fire prot. Structure: FDRW Pond. Orig. Decree: Case No. 98CW283, Dist. Court, Water

Division 5, entered 11/26/1999. Subsequent Decrees Granting Diligence: Case No. 05CW242, Dist. Court, Water Division 5 entered

5/29/2007 and Case No. 13CW3023, Dist. Court, Water Division 5 entered 8/31/2014. Decreed location as changed in Case No.

13CW3023: The center of the dam is located in the NW1/4 NW1/4 of Sec. 23, T. 8 S., R. 88 W., 6 th P.M. at a pt. 819 ft. S. of the N.

Sec. line and 354 ft. E. of the W. Sec. line of said Sec. 23. Source: The reservoir is an off-channel reservoir which will be filled by the

E. Mesa Ditch FDRW Enlargement and FDRW Ditch. Rate of diversion for filling the reservoir: 1 cfs per ditch for a total of 2 cfs using

both ditches. Approp. Date: 11/16/1998. Amt.: 5 AF, cond. Uses: Aug., aesthetics and fire prot. Remarks: The FDRW Pond has a

surface area of 0.5 AF. The dam’s max. height is less than 10 ft. and the length of the dam is 200 ft. for a total active capacity of 5 AF

with no dead storage. The FDRW Pond does not intercept groundwater. Pursuant to the Decree entered in Case No. 13CW3023,

Applicant’s FDRW Ditch and FDRW Pond water rights operate with a 1998 adjudication date on Thomas Creek, and are junior to any

Thomas Creek water rights with adjudication dates senior to 1998. Applicant and Ranch Lake IV, LLC stipulated and agreed that the

FDRW Ditch and FDRW Pond operates in priority, and the Ranch Lake IV, LLC and its owners have no obligation to deliver water to

the FDRW Ditch and FDRW Pond unless a Ranch Lake IV water right is subject to administration on Thomas Creek. Integrated System.

As decreed in Cases No. 05CW242 and 13CW3023, the FDRW Wells No. 1, 2 and 3, E. Mesa Ditch FDRW Enlargement, FDRW Ditch

and FDRW Pond are an integrated water supply for Applicant's development. "When a project or integrated system is comprised of

several features, work on one feature of the project or system shall be considered in finding that reasonable diligence has been shown in

the development of water rights for all features of the entire project or system." C.R.S. § 37-92-301 (4) (b). In the diligence period

preceding the filing of this application, Applicant has diligently pursued development of the subject cond. water rights. Examples of

work done to establish diligence are on file with this Court. Claim to Make Absolute, in Part. Applicant requests the following water

rights be made absolute in part by the application of such rights to beneficial as follows: Structures: FDRW Wells 1, 2 and 3. Date

applied to beneficial use: 5/1/2018. Amt.: FDRW Well No. 1, 15 gpm; FDRW Well No. 2, 14 gpm; FDRW Well No. 3, 15 gpm; Uses:

Stockwater. E. Mesa Ditch FDRW Enlargement. Date applied to beneficial use: 5/1/2018. Amt.: 1 cfs. Uses: Filling the FDRW Pond.

Structure: FDRW Pond. Date applied to beneficial use: 5/1/2018. Amt.: 1.8 AF, see Exhibit C. Uses: Aug., aesthetics and fire prot.

uses. Name of owner of land upon which new structure will be located: FDRW Pond and FDRW Wells 1 -3 and FDRW Ditch, Applicant;

E. Mesa Ditch FDRW Enlargement, Pitkin County, 530 E. Main Street, Suite 301, Aspen CO 81611.

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20CW3098 GARFIELD COUNTY. COLORADO RIVER. 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. Summary of Application:

Applicant requests a finding of reasonable diligence on cond. water rights decreed to the Dragert Pumping Plant and Pipeline, Eaton

Pumping Plant and Pipeline, and Pacific Oil Company Pipeline and Pumping Plant No. 1 (collectively the “Chevron Water Rights”).

The general location of the water rights is shown on Exhibits A and B. Structure: Dragert Pumping Plant and Pipeline. Prior Decree

Info.: Orig. Decree: Civil Action 4914, Garfield County Dist. Court, 11/10/1966. Subsequent diligence decrees: Cases No.: CA 4914

on 3/5/1968, W-43, W-654, W-654-76 80CW188, 84CW127, 88CW168, 95CW211, 05CW225, 14CW3013, Dist. Court, Water

Division 5. Orig. decreed pt. of diversion: located on the Northerly bank of the Colorado River, whence the N.W. corner of Sec. 7, T.

7 S., R. 95 W., 6th P.M. bears S. 83° 50’ W. 3,538 ft. in Garfield County, Colorado. Supplemental Legal Description: at a pt. located

approx. 3,517.53 ft. from the W. line and 380.06 ft. from the S. line of Sec. 6, T. 7 S., R. 95 W., 6 th P.M. Alt. pt. of diversion as decreed

in Case No. 83CW257: a pt. located on the right bank of the Colorado River from whence the S.E. corner, Sec. 28, T. 8 S., R. 97 W., 6th

P.M. bears S. 33° 45’ E., 1,212 ft. in Mesa County, Colorado (a/k/a Pacific Oil Company Pipeline and Pumping Plant No. 1’s decreed

pt. of diversion as changed in Case No. 83CW257). Source: Colorado River. Date of Approp.: 1/7/1950. Priority Date: 11/16/1951,

Priority No. 303 in previous Water Dist. No. 39. Uses: Ind., mun., dom., rec., irr., power, mining, retorting, refining, and maintenance

of a general camp and community in and adjacent to the oil shale lands of Chevron Shale Oil Company located in Western Colorado

and as depicted on Exhibit C. This water right may also be used by direct application or storage in Roan Creek Reservoir and Roan

Creek Reservoir Enlarged as changed in Case No. 83CW257. Amt.: 94 c.f.s., cond. Structure: Eaton Pumping Plant and Pipeline.

Prior Decree Info.: Orig. Decree: Civil Action 4914, Garfield County Dist. Court, 11/10/1966. Subsequent diligence decrees: Cases

No.: CA 4914 on 3/5/1968, W-43, W-654, W-654-76, 80CW188, 84CW127, 88CW168, 95CW211, 05CW225, 14CW3013, Dist. Court,

Water Division 5. Pt. of Diversion as changed in Case No. 83CW257: a pt. on the Northerly bank of the Colorado River whence the

N.W. corner of Sec. 7, T. 7 S., R. 95 W., 6th P.M. bears S. 83° 50’ W. 3,538 ft. in Garfield County, Colorado (a/k/a Dragert Pumping

Plant and Pipeline’s Orig. decreed pt. of diversion). Alt. pt. of diversion as decreed in Case No. 83CW257: at a pt. on the right bank of

the Colorado River from whence the S.E. corner of Sec. 28, T. 8 S., R. 97 W., 6 th P.M. bears S. 33° 45’ E. 1,212 ft. in Mesa County,

Colorado (a/k/a Pacific Oil Company Pipeline and Pumping Plant No. 1’s decreed pt. of diversion as changed in Case No. 83CW257).

Source: Colorado River. Date of Approp: 4/12/1951. Priority Date: 11/21/1951, Priority No. 308 in previous Water Dist. No. 39. Uses:

Ind., mun., dom., rec., irr., power, mining, retorting, refining, and maintenance of a general camp and community in and adjacent to the

oil shale lands of Chevron Shale Oil Company located in Western Colorado and as depicted on Exhibit C. This water right may also be

used by direct application or storage in Roan Creek Reservoir and Roan Creek Reservoir Enlarged as changed in Case No. 83CW257.

Amt.: 100 c.f.s., cond. Structure: Pacific Oil Company Pipeline and Pumping Plant No. 1. Prior Decree Info.: Orig. Decree: Civil

Action 6404, Garfield County Dist. Court, 11/10/1970. Subsequent diligence decrees: Cases No.: W-654, W-654-76, 80CW188,

84CW127, 88CW168, 95CW211, 05CW225, 14CW3013 Dist. Court, Water Division 5. Decreed Location: Pt. of diversion as changed

per decree issued in Case No. W-2953: at a pt. on the right bank of the Colorado River at a pt. whence the N.E. corner of Sec. 28, T. 8

S., R. 97 W., 6th P.M. bears N. 18° 59’ 32” E., 5,569.92 ft. Pt. of diversion as changed per decree issued in Case No. 83CW257: a pt.

located on the right bank of the Colorado River from whence the S.E. corner Sec. 28, T. 8 S., R. 97 W., 6th P.M. bears S. 33° 45’ E.

1,212 ft. in Mesa County, Colorado. Said pt. of diversion bears N. 45° E. 1,450 ft. from the pt. of diversion decreed to the Pacific Oil

Company Pipeline and Pumping Plant No. 1 in Case No. W-2953. Supplemental legal description: at a pt. approx. 673.35 ft. from the

E. line and 1,007.74 ft. from the S. line of Sec. 28, T. 8 S., R. 97 W., 6 th P.M. Alt. pt. of diversion as changed per decree issued in Case

No. 83CW257: at a pt. on the Northerly bank of the Colorado River whence the N.W. corner Sec. 7, T. 7 S., R. 95 W., 6th P.M. bears S.

83° 50’ W. 3,538 ft., in Garfield County, Colorado (a/k/a Dragert Pumping Plant and Pipeline’s Orig. decreed pt. of diversion). Source:

Colorado River. Date of Approp.: 6/9/1953. Priority Date: 6/9/1953, Priority No. 189, in previous Water Dist. No. 70. Uses: Ind., mun.,

dom., rec., irr., power, mining, retorting, refining, and maintenance of a general camp and community in and adjacent to the oil shale

lands of Chevron Shale Oil Company located in Western Colorado and as depicted on Exhibit C. This water right may also be used by

direct application or storage in Roan Creek Reservoir and Roan Creek Reservoir Enlarged as changed in Case No. 83CW257. Amt.:

57.25 cfs, cond. A detailed outline of what has been done toward completion of the appropriation and application of water to a beneficial

use for the Chevron Water Rights is on file with this court. Integrated Water System. The water rights that are the subject of this

Application, along with Roan Creek Reservoir have been found to be components of Applicant’s integrated water system in Case No.

83CW257. Applicant also has other water rights that are part of this integrated system that include: Parachute Creek Reservoir, Getty

Pipeline, Getty-Sleepy Gulch Reservoir, Getty W. Fork of Parachute Creek Reservoir, Getty Springs 1A through 1F, Getty Springs 2A

through 2F, Getty Spring 4A, Getty Springs 6A through 6I, Getty Springs 7A through 7F, Getty Springs 8A through 8E, Getty Spring

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PAGE 14

9A and 9B, Getty Springs 10A through 10 G, Getty Springs 11A through 11F, Getty Springs 12A through 12C, Getty Spring13A though

13E, Getty Springs 14A through 14E, Getty Springs 15A and 15B, Getty Springs 16A through 16C, Getty Spring 17A, Getty Springs

18A through 18C, Getty Springs 19A through 19C, and Getty Spring 20. All of these water rights are part of Chevron’s integrated water

system and supply project and are necessary to serve its oil shale project (“Chevron Integrated Water System”). Applicant requests a

finding that all of these water rights be recognized as part of its integrated water supply system. Name of owner of land upon which new

structure will be located: Applicant, CAERUS PICEANCE, LLC, 1999 Broadway Suite 4000 Denver, CO 80202.











2020CW3099 MESA AND GARFIELD COUNTIES, COLORADO RIVER. Chevron U.S.A. Inc. (“CUSA”) Robert Nunmaker,

Chevron Land Area Manager,1400 Smith Street, Houston, TX 77002, (713) 372-3277, [email protected]. C/O Kirsten M.

Kurath, Williams, Turner & Holmes, PC, 744 Horizon Court, Suite 115, Grand Junction 85726, 970-242-6262, kmkurath@wth-

law.com. Application for Finding of Reasonable Diligence. Name of Structures: Getty Oil Company Water System which consists, in

part, of the following units: Getty Pipeline, Roan Creek Reservoir, Roan Creek Reservoir Enlarged, Getty-Sleepy Gulch Reservoir,

Getty West Fork of Parachute Creek Reservoir, Getty Springs 1A through 1F, Getty Springs 2A through 2F, Getty Spring 4A, Getty

Springs 6A through 6I, Getty Springs 7A through 7F, Getty Springs 8A through 8E, Getty Springs 9A and 9B, Getty Springs 10A

through 10G, Getty Springs 11A through 11F, Getty Springs 12A through 12C, Getty Springs 13A through 13E, Getty Springs 14A

through 14E, Getty Springs 15A and 15B, Getty Springs 16A through 16C, Getty Spring 17A, Getty Springs 18A through 18C, Getty

Springs 19A through 19C, and Getty Spring 20A (collectively, the “Getty Water Rights”) Getty Pipeline: Original decree: November

10, 1966; Civil Action No. 4914, Garfield County District Court. Subsequent diligence decrees: Supplemental Decree in C.A. 4914,

Garfield County District Court, May 20, 1968; Case No. W-61, Water Division No. 5, June 17, 1971; Case No. W-688, Water Division

No. 5, June 14, 1973; Case No. W-688-76, Water Division No. 5, March 7, 1977; Case No. 80CW209, Water Division No. 5, February

22, 1981; Case No. 84CW115, Water Division No. 5, November 14, 1984; Case No. 88CW124, Water Division No. 5, October 19,

1989; Case No. 95CW234, Water Division No. 5, December 14, 1998; Case No. 06CW60, Water Division No. 5, May 30, 2007; and

Case No. 2013CW3005, Water Division No. 5, August 24, 2014. Location: The original point of diversion established by the decree

referred to above was changed in Case No. W-2924 to a point located on the right bank of the Colorado River at a point whence the

Northeast corner of Section 28, Township 8 South, Range 97 West of the 6th P.M. bears North 18°59'32" East, 5,569.2 feet, Mesa

County, Colorado. For ease of reference, this point of diversion can also be described as being located at a point 5,258.5 feet from the

North line and 3,480.6 feet from the West line of Section 28, Township 8 South, Range 97 West, 6th P.M. An alternate point of diversion

was decreed in Case No. 82 CW 227 at a point on the right bank of the Colorado River from whence the Southeast corner of Section 28,

Township 8 South, Range 97 West, 6th P.M. bears south 33°45' East, 1,212 feet in Mesa County. For ease of reference, this alternate

point of diversion can also be described as being located at a point 4,289.2 feet from the North line and 4,674.5 feet from the West line

of Section 28, Township 8 South, Range 97 West, 6th P.M. These points of diversion are illustrated on Figure 9 of the Application.

Source: Colorado River. App. date: An appropriation date of September 3, 1950 was decreed by the Court in Civil Action 4914, but

since the said proceeding was a supplemental adjudication, a priority date of November 19, 1951 was assigned. Amount: 56.0 cfs. Use:

Domestic, recreational, irrigation, industrial and manufacturing purposes. Roan Creek Reservoir: Original decree: November 10, 1970,

Civil Action No. 6404, Garfield County District Court. Subsequent diligence decrees: Case No. W-653, Water Division No. 5,

November 22, 1972; Case No. W-653-76, Water Division No. 5, March 7, 1977; Case No. 80CW209, Water Division No. 5, February



Case No. 2013CW3005, Water Division No. 5, August 24, 2014. Location: The initial point of survey of the high waterline is located

at a point whence the Southeast corner of Section 25, Township 7 South, Range 98 West of the 6th P.M. bears South 46°31' East a

distance of 987 feet. For ease of reference, this point can also be described as being located at a point 4,574.2 feet from the North line

and 4,580.5 feet from the West line of Section 25, Township 7 South, Range 98 West, 6th P.M. An alternate place of storage was decreed

in Case No. 82 CW 227 at a point where the dam axis intersects the centerline of Roan Creek from whence the Southeast corner of

Section 6, Township 8 South, Range 97 West, 6th P.M., bears South 77°30' East, 3,180 feet, in Garfield County. For ease of reference,

this place of storage can also be described as being located at a point 4,235.2 feet from the North line and 2,195.6 feet from the West

line of Section 6, Township 8 South, Range 97 West, 6th P.M. These points are illustrated on Figure 8 of the Application. Source: Roan

Creek and all tributaries upstream from situs of dam and Colorado River. App. date: July 7, 1961. Amount: 12,396.5 acre feet. Use:

Domestic, recreational, irrigation, industrial and manufacturing purposes. Roan Creek Reservoir Enlarged: Original decree: November

10, 1970, Civil Action No. 6404, Garfield County District Court. Subsequent diligence decrees: Case No. W-652, Water Division No.

5, October 31, 1972; Case No. W-652-76, Water Division No. 5, March 7, 1977; Case No. 80CW209, Water Division No. 5, February







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Case No. 2013CW3005, Water Division No. 5, August 24, 2014. Location: The intersection of the dam axis with the center line of Roan

Creek is at a point whence the Southeast corner of Section 25, Township 7 South, Range 98 West of the 6th P.M. bears South 39°8'0"

East a distance of 1,696 feet. For ease of reference, this point can also be described as being located at a point 4,010.8 feet from the

North line and 4,228.6 feet from the West line of Section 25, Township 7 South, Range 98 West, 6th P.M. An alternate place of storage

was decreed in Case No. 82 CW 227 at the same alternate place described in Paragraph 3.B(3), above. These points are illustrated on

Figure 8 of the Application. Source: Roan Creek and its tributaries and Colorado River. App. date: March 2, 1967. Amount: 71,300 acre

feet decreed in Civil Action No. 6404 but reduced to 58,903.5 acre feet in Case No. W-651. Use: Domestic, recreational, irrigation,

industrial and manufacturing purposes. Getty-Sleepy Gulch Reservoir: Original decree: November 10, 1970, Civil Action No. 6404,

Garfield County District Court. Subsequent diligence decrees: Case No. W-687, Water Division No. 5, June 14, 1983; Case No. W-

687-76, Water Division No. 5, March 7, 1977; Case No. 80CW209, Water Division No. 5, February 22, 1981; Case No. 84CW115,

Water Division No. 5, November 14, 1984; Case No. 88CW124, Water Division No. 5, October 19, 1989; Case No. 95CW234, Water

Division No. 5, December 14, 1998; Case No. 06CW60, Water Division No. 5, May 30, 2007; and Case No. 2013CW3005, Water

Division No. 5, August 24, 2014. Location: The dam axis intersects the center line of the stream within Sleepy Gulch at a point whence

the Northeast corner of Section 17, Township 5 South, Range 97 West of the 6th P.M. bears North 40°45'0" East a distance of 6,352

feet. For ease of reference, this point can also be described as being located at a point 4,823.1 feet from the North line and 1,115.5 feet

from the West line of Section 17, Township 5 South, Range 97 West, 6th P.M. This point is illustrated on Figure 4 of the Application.

Source: Natural runoff of Sleepy Gulch which is tributary to Roan Creek and other adjudicated rights owned by Applicant deriving their

source of supply from the Colorado River. App. date: June 27, 1967. Amount: 6,538 acre feet. Use: Domestic, recreational, irrigation,

industrial and manufacturing purposes. Getty West Fork of Parachute Creek Reservoir: Original decree: November 12, 1974, W-2243,

Water Division 5. Subsequent diligence decrees: Case No. W-2243-78, Water Division No. 5, March 7, 1979; Case No. 82CW171,

Water Division No. 5, November 24, 1982; Case No. 84CW115, Water Division No. 5, November 14, 1984; Case No. 88CW124, Water

Division No. 5, October 19, 1989; Case No. 95CW234, Water Division No. 5, December 14, 1998; Case No. 06CW60, Water Division

No. 5, May 30, 2007; and Case No. 2013CW3005, Water Division No. 5, August 24, 2014. Location: The intersection of the dam axis

and the center line of the Stream Channel of the West Fork of Parachute Creek is located at a point whence the Northeast corner of

Section l, Township 5 South, Range 97 West of the 6th P.M. bears North 26°30'0" East 4,113 feet. For ease of reference, this point can

also be described as being located at a point 3,689.7 feet from the North line and 3,262.7 feet from the West line of Section 1, Township

5 South, Range 97 West, 6th P.M. This point is illustrated on Figure 1 of the Application. Source: West Fork of Parachute Creek and

the Colorado River by the Getty Pipeline. App. date: June 27, 1967 as to the water from the West Fork of Parachute Creek. Amount:

4,658 acre feet. Use: Domestic, recreational, irrigation, industrial and manufacturing purposes. Getty Springs 1A through 1F, Getty

Springs 2A through 2F, Getty Spring 4A, Getty Springs 6A through 6I, Getty Springs 7A through 7F, Getty Springs 8A through 8E,

Getty Spring 9A, Getty Spring 9B, Getty Springs 10A through 10G, Getty Springs 11A through 11F, Getty Springs 12A through 12C,

Getty Springs 13A through 13E, Getty Springs 14A through 14E, Getty Springs 15A and 15B, Getty Springs 16A through 16C, Getty

Spring 17A, Getty Springs 18A through 18C, Getty Springs 19A through 19C, and Getty Spring 20A ("Getty Springs"). Original decree:

November 4, 1986, Case No.: 83 CW 365; Court: Water Court, Water Division 5. Subsequent diligence decrees: Case No. 88CW124,

Water Division No. 5, October 19, 1989; Case No. 95CW234, Water Division No. 5, December 14, 1998; Case No. 06CW60, Water

Division No. 5, May 30, 2007; and Case No. 2013CW3005, Water Division No. 5, August 24, 2014. App. date: July 1, 1983. Use:

Domestic, recreational, irrigation, industrial, and manufacturing purposes. Locations, Sources and Amounts: Getty Spring 1A located

in Section 15, T5S, R97W, 4675 feet South of the North section line and 3775 feet East of the West section line. Spring is tributary to

West Fork of Wolf Creek which is tributary to Parachute Creek which is tributary to the Colorado River. Amount: 0.03 cfs. Getty Spring

1B located in Section 14, T5S, R97W, 4350 feet South of the North section line and 380 feet East of the West section line. Spring is

tributary to West Fork of Wolf Creek which is tributary to Parachute Creek which is tributary to the Colorado River. Amount: 0.13 cfs.

Getty Spring 1C located in Section 14, T5S, R97W, 4300 feet South of the North section line and 800 feet East of the West section line.

Spring is tributary to West Fork of Wolf Creek which is tributary to Parachute Creek which is tributary to the Colorado River. Amount:

0.04 cfs. Getty Spring 1D located in Section 14, T5S, R97W, 4175 feet South of the North section line and 1400 feet East of the West

section line. Spring is tributary to West Fork of Wolf Creek which is tributary to Parachute Creek which is tributary to the Colorado

River. Amount: 0.02 cfs. Getty Spring 1E located in Section 14, T5S, R97W, 4400 feet South of the North section line and 1550 feet

East of the West section line. Spring is tributary to West Fork of Wolf Creek which is tributary to Parachute Creek which is tributary to

the Colorado River. Amount: 0.02 cfs. Getty Spring 1F located in Section 12, T5S, R97W, 4175 feet South of the North section line and

2500 feet East of the West section line. Spring is tributary to West Fork of Wolf Creek which is tributary to Parachute Creek which is

tributary to the Colorado River. Amount: 0.02 cf.s. Getty Spring 2A located in Section 2, T5S, R97W, 4000 feet South of the North

section line and 4475 feet East of the West section line. Spring is tributary to Wet Fork of West Parachute Creek which is tributary to

the Colorado River. Amount: 0.01 cfs. Getty Spring 2B located in Section 10, T5S, R97W, 2325 feet South of the North section line

and 4900 feet East of the West section line. Spring is tributary to Wet Fork of West Parachute Creek which is tributary to the Colorado

River. Amount: 0.01 cfs. Getty Spring 2C located in Section 10, T5S, R97W, 2850 feet South of the North section line and 4000 feet

East of the West section line. Spring is tributary to Wet Fork of West Parachute Creek which is tributary to the Colorado River. Amount:

0.53 cfs. Getty Spring 2D located in Section 16, T5S, R97W, 2450 feet South of the North section line and 3000 feet East of the West

section line. Spring is tributary to Wet Fork of West Parachute Creek which is tributary to the Colorado River. Amount: 0.01 cfs. Getty

Spring 2E located in Section 16, T5S, R97W, 850 feet South of the North section line and 4550 East of the West section line. Spring is

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tributary to Wet Fork of West Parachute Creek which is tributary to the Colorado River. Amount: 0.01 cfs. Getty Spring 2F located in

Section 10, T5S, R97W, 4675 feet South of the North section line and 900 feet East of the West section line. Spring is tributary to Wet

Fork of West Parachute Creek which is tributary to the Colorado River. Amount: 0.01 cfs. Getty Spring 4A located in Section 2, T5S,

R97W, 2975 feet South of the North section line and 5150 feet East of the West section line. Spring is tributary to West Fork of Parachute

Creek which is tributary to the Colorado River. Amount: 0.27 cfs. Getty Spring 6A located in Section 13, T5S, R97W, 100 feet South

of the North section line and 3900 feet East of the West section line. Spring is tributary to East Fork of Wolf Creek which is tributary

to Parachute Creek which is tributary to the Colorado River. Amount: 0.01 cfs. Getty Spring 6B located in Section 13, T5S, R97W,

2300 feet South of the North section line and 1975 feet East of the West section line. Spring is tributary to East Fork of Wolf Creek

which is tributary to Parachute Creek which is tributary to the Colorado River. Amount: 0.02 cfs. Getty Spring 6C located in Section

13, T5S, R97W, 3350 feet South of the North section line and 1075 feet East of the West section line. Spring is tributary to East Fork

of Wolf Creek which is tributary to Parachute Creek which is tributary to the Colorado River. Amount: 0.04 cfs. Getty Spring 6D located

in Section 13, T5S, R97W, 4950 feet South of the North section line and 550 East of the West section line. Spring is tributary to East

Fork of Wolf Creek which is tributary to Parachute Creek which is tributary to the Colorado River. Amount: 0.01 cfs. Getty Spring 6E

located in Section 24, T5S, R97W, 350 feet South of the North section line and 525 feet East of the West section line. Spring is tributary

to the East Fork of Wolf Creek which is tributary to Parachute Creek which is tributary to the Colorado River. Amount: 0.01 cfs. Getty

Spring 6F located in Section 14, T5S, R97W, 5000 feet South of the North section line and 4625 feet East of the West section line.

Spring is tributary to East Fork of Wolf Creek which is tributary to Parachute Creek which is tributary to the Colorado River. Amount:

0.01 cfs. Getty Spring 6G located in Section 23, T5S, R97W, 1350 feet South of the North section line and 3425 feet East of the West

section line. Spring is tributary to East Fork of Wolf Creek which is tributary to Parachute Creek which is tributary to the Colorado

River. Amount: 0.01 cfs. Getty Spring 6H located in Section 23, T5S, R97W, 1550 feet South of the North section line and 3275 feet

East of the West section line. Spring is tributary to East Fork of Wolf Creek which is tributary to Parachute Creek which is tributary to

the Colorado River. Amount: 0.20 cfs. Getty Spring 6I located in Section 23, T5S, R97W, 2925 feet South of the North section line and

2575 feet East of the West section line. Spring is tributary to East Fork of Wolf Creek which is tributary to Parachute Creek which is

tributary to the Colorado River. Amount: 0.04 cfs. Getty Spring 7A located in Section 25, T5S, R97W, 1850 feet South of the North

section line and 75 East of the West section line. Spring is tributary to Bear Run which is tributary to Parachute Creek which is tributary

to the Colorado River. Amount: 0.06 cfs. Getty Spring 7B located in Section 25, T5S, R97W, 550 feet South of the North section line

and 500 feet East of the West section line. Spring is tributary to Bear Run which is tributary to Parachute Creek which is tributary to

the Colorado River. Amount: 0.01 cfs. Getty Spring 7C located in Section 24, T5S, R97W, 4925 feet South of the North section line


the Colorado River. Amount: 0.03 cfs. Getty Spring 7D located in Section 24, T5S, R97W, 4850 feet South of the North section line


the Colorado River. Amount: 0.01 cfs. Getty Spring 7E located in Section 24, T5S, R97W, 4800 feet South of the North section line and

2725 feet East of the West section line. Spring is tributary to Bear Run which is tributary to Parachute Creek which is tributary to the

Colorado River. Amount: 0.04 cfs. Getty Spring 7F located in Section 24, T5S, R97W, 4975 feet South of the North section line and

2800 feet East of the West section line. Spring is tributary to Bear Run which is tributary to Parachute Creek which is tributary to the

Colorado River. Amount: 0.01 cfs. Getty Spring 8A located in Section 25, T5S, R97W, 4850 feet South of the North section line and

2350 feet East of the West section line. Spring is tributary to Willow Creek which is tributary to Bear Run which is tributary to Parachute

Creek which is tributary to the Colorado River. Amount: 0.06 cfs. Getty Spring 8B located in Section 36, T5S, R97W, 200 feet South

of the North section line and 3200 feet East of the West section line. Spring is tributary to Willow Creek which is tributary to Bear Run

which is tributary to Parachute Creek which is tributary to the Colorado River. Amount: 0.01 cfs. Getty Spring 8C located in Section

36, T5S, R97W, 1200 feet South of the North section line and 2200 feet East of the West Section line. Spring is tributary to Willow

Creek which is tributary to Bear Run which is tributary to Parachute Creek which is tributary to the Colorado River. Amount: 0.01 cfs.

Getty Spring 8D located in Section 36, T5S, R97W, 1775 feet South of the North section line and 1575 feet East of the West section

line. Spring is tributary to Willow Creek which is tributary to Bear Run which is tributary to Parachute Creek which is tributary to the

Colorado River. Amount: 0.02 cfs. Getty Spring 8E located in Section 36, T5S, R97W, 2725 feet South of the North section line and

900 feet East of the West section line. Spring is tributary to Willow Creek which is tributary to Bear Run which is tributary to Parachute


of the North section line and 700 feet East of the West section line. Spring is tributary to Crystal Creek which is tributary to Clear Creek

which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.36 cfs. Getty Springs 9B located in Section 34,

T5S, R97W, 4025 feet South of the North section line and 4500 feet East of the West section line. Spring is tributary to Crystal Creek

which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.02 cfs. Getty

Spring 10A located in Section 27, T5S, R97W, 4325 feet South of the North section line and 3850 feet East of the West section line.

Spring is tributary to Doe Creek which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado

River. Amount: 0.82 cfs. Getty Spring 10B located in Section 27, T5S, R97W, 4425 feet South of the North section line and 3700 feet

East of the West section line. Spring is tributary to Doe Creek which is tributary to Clear Creek which is tributary to Roan Creek which

is tributary to the Colorado River. Amount: 0.05 cfs. Getty Spring 10C located in Section 27, T5S, R97W, 4800 feet South of the North

section line and 3450 feet East of the West section line. Spring is tributary to Doe Creek which is tributary to Clear Creek which is

tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.02 cfs. Getty Spring 10D located in Section 34, T5S, R97W,

200 feet South of the North section line and 3175 feet East of the West section line. Spring is tributary to Doe Creek which is tributary

to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.01 cfs. Getty Spring 10E located

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Doe Creek which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.01

cfs. Getty Spring 10F located in Section 34, T5S, R97W, 1300 feet South of the North section line and 2650 feet East of the West section

line. Spring is tributary to Doe Creek which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the

Colorado River. Amount: 0.01 cfs. Getty Spring 10G located in Section 34, T5S, R97W, 1750 feet South of the North section line and

2475 feet East of the West section line. Spring is tributary to Doe Creek which is tributary to Clear Creek which is tributary to Roan


of the North section line and 1625 feet East of the West section line. Spring is tributary to East Fork of Pearl Creek which is tributary

to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.22 cfs. Getty Spring 11B located


East Fork of Pearl Creek which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River.

Amount: 0.06 cfs. Getty Spring 11C located in Section 27, T5S, R97W, 1075 feet South of the North section line and 1250 feet East of

the West section line. Spring is tributary to East Fork of Pearl Creek which is tributary to Clear Creek which is tributary to Roan Creek

which is tributary to the Colorado River. Amount: 0.06 cfs. Getty Spring 11D located in Section 27, T5S, R97W, 1175 feet South of the

North section line and 1100 feet East of the West section line. Spring is tributary to East Fork of Pearl Creek which is tributary to Clear

Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.03 cfs. Getty Spring 11E located in Section

27, T5S, R97W, 1500 feet South of the North section line and 975 feet East of the West section line. Spring is tributary to East Fork of

Pearl Creek which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.04

cfs. Getty Spring 11F located in Section 27, T5S, R97W, 1850 feet South of the North section line and 800 feet East of the West section

line. Spring is tributary to East Fork of Pearl Creek which is tributary to Clear Creek which is tributary to Roan Creek which is tributary

to the Colorado River. Amount: 0.01 cfs. Getty Spring 12A located in Section 27, T5S, R97W, 1875 feet South of the North section line

and 550 feet East of the West section line. Spring is tributary to West Fork of Pearl Creek which is tributary to Clear Creek which is

tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.01 cfs. Getty Spring 12B located in Section 27, T5S, R97W,

1750 feet South of the North section line and 400 feet East of the West section line. Spring is tributary to West Fork of Pearl Creek

which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.02 cfs. Getty

Spring 12C located in Section 28, T5S, R97W, 50 feet South of the North section line and 4975 East of the West section line. Spring

is tributary to West Fork of Pearl Creek which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the

Colorado River. Amount: 0.06 cfs. Getty Spring 13A located in Section 27, T5S, R97W, 2175 feet South of the North section line and

650 feet East of the West section line. Spring is tributary to Main Fork of Pearl Creek which is tributary to Clear Creek which is tributary

to Roan Creek which is tributary to the Colorado River. Amount: 0.01 cfs. Getty Spring 13B located in Section 27, T5S, R97W, 3400

feet South of the North section line and 825 feet East of the West section line. Spring is tributary to Main Fork of Pearl Creek which is

tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.01 cfs. Getty Spring 13C

located in Section 27, T5S, R97W, 5050 feet South of the North section line and 600 feet East of the West section line. Spring is

tributary to East Fork of Pearl Creek which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado

River. Amount: 0.01 cfs. Getty Spring 13D located in Section 34, T5S, R97W, 600 feet South of the North section line and 500 feet

East of the West section line. Spring is tributary to Main Fork of Pearl Creek which is tributary to Clear Creek which is tributary to

Roan Creek which is tributary to the Colorado River. Amount: 0.01 cfs. Getty Spring 13E located in Section 34, T5S, R97W, 950 feet

South of the North section line and 400 feet East of the West section line. Spring is tributary to Main Fork of Pearl Creek which is

tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.01 cfs. Getty Spring 14A

located in Section 21, T5S, R97W, 2950 feet South of the North section line and 1000 feet East of the West section line. Spring is

tributary to East Fork of Short Gulch which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado


East of the West section line. Spring is tributary to East Fork of Short Gulch which is tributary to Clear Creek which is tributary to

Roan Creek which is tributary to the Colorado River. Amount: 0.01 cfs. Getty Spring 14C located in Section 21, T5S, R97W, 4050 feet

South of the North section line and 775 feet East of the West section line. Spring is tributary to East Fork of Short Gulch which is

tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.02 cfs. Getty Spring 14D

located in Section 28, T5S, R97W, 275 feet South of the North section line and 500 feet East of the West section line. Spring is tributary

to East Fork of Short Gulch which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River.

Amount: 0.02 cfs. Getty Spring 14E located in Section 29, T5S, R97W, 1450 feet South of the North section line and 5125 feet East of

the West section line. Spring is tributary to East Fork of Short Gulch which is tributary to Clear Creek which is tributary to Roan Creek

which is tributary to the Colorado River. Amount: 0.06 cfs. Getty Spring 15A located in Section 20, T5S, R97W, 5000 feet South of the

North section line and 4125 feet East of the West section line. Spring is tributary to West Fork of Short Gulch which is tributary to

Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.08 cfs. Getty Spring 15B located in

Section 20, T5S, R97W, 2975 feet South of the North section line and 3775 feet East of the West section line. Spring is tributary to

West Fork of Short Gulch which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River.

Amount: 0.06 cfs. Getty Spring 16A located in Section 29, T5S, R97W, 4675 feet South of the North section line and 5100 feet East of

the West section line. Spring is tributary to Lower Short Gulch which is tributary to Clear Creek which is tributary to Roan Creek which

is tributary to the Colorado River. Amount: 0.02 cfs. Getty Spring 16B located in Section 29, T5S, R97W, 4850 feet South of the

North section line and 4950 feet East of the West section line. Spring is tributary to Lower Short Gulch which is tributary to Clear

Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.09 cfs. Getty Spring 16C located in Section

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29, T5S, R97W, 4900 feet South of the North section line and 4600 feet East of the West section line. Spring is tributary to Lower Short

Gulch which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.02 cfs.

Getty Spring 17A located in Section 2, T6S, R98W, 900 feet South of the North section line and 1625 feet East of the West section line.

Spring is tributary to Cliffs on Doe/Short Gulch which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to

the Colorado River. Amount: 0.04 cfs. Getty Spring 18A located in Section 17, T5S, R97W, 4050 feet South of the North section line

and 1325 feet East of the West section line. Spring is tributary to Weisse Creek which is tributary to Clear Creek which is tributary to

Roan Creek which is tributary to the Colorado River. Amount: 0.67 cfs. Getty Spring 18B located in Section 17, T5S, R97W, 4400 feet

South of the North section line and 1400 feet East of the West section line. Spring is tributary to Weisse Creek which is tributary to

Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.01 cfs. Getty Spring 18C located in

Section 20, T5S, R97W, 2675 feet South of the North section line and 0 feet East of the West section line. Spring is tributary to Weisse

Creek which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.02 cfs.

Getty Spring 19A located in Section 29, T5S, R97W, 750 feet South of the North section line and 725 feet East of the West section line.

Spring is tributary to Weisse Creek which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado


East of the West section line. Spring is tributary to Weisse Creek which is tributary to Clear Creek which is tributary to Roan Creek

which is tributary to the Colorado River. Amount: 0.03 cfs. Getty Spring 19C located in Section 30, T5S, R97W, 1550 feet South of the

North section line and 4900 feet East of the West section line. Spring is tributary to Weisse Creek which is tributary to Clear Creek

which is tributary to Roan Creek which is tributary to Colorado River. Amount: 0.01 cfs. Getty Spring 20A located in Section 19, T5S,

R97W, 5000 feet South of the North section line and 2100 feet East of the West section line. Spring is tributary to Weisse Creek which

is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.07 cfs. The locations

of the Getty Springs described above are illustrated on Figures 1 through 7 of the Application. With respect to each Getty Spring

described above, in 88CW124 absolute decrees were issued for domestic uses, which included livestock watering for the full amount

claimed in each of these springs for which the claim is equal to or less than 0.033 cfs; and for each of the said springs for which the

conditional decree is in excess of 0.033 cfs, an absolute decree was entered for 0.033 cfs for domestic purposes which includes stock

watering. However, except for the said grant of absolute decrees, the remaining quantities and uses remain conditional. The Application

contains 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 to the Getty Water Rights described above, including expenditures. The water rights that are

the subject of this Application have been found to be components of Applicant’s integrated water system in Case No. 2013CW3005 and

all work performed with respect to development of each of the water rights described above constitutes diligence toward each and all of

the conditional decrees. Applicant also has other water rights that are part of this integrated system that include: Dragert Pumping Plant

and Pipeline, Eaton Pumping Plant and Pipeline, Roan Creek Reservoir and Pacific Oil Company Pipeline and Pumping Plant No. 1.

All of these water rights are part of Chevron’s integrated water system and supply project and are necessary to serve its oil shale project

(“Chevron Integrated Water System”). Name and address of owner(s) of land: All of the structures for the water rights described above

will be on lands owned by the Applicant with the following exceptions: Roan Creek Reservoir and Roan Creek Reservoir Enlarged

facilities, including their storage pools and the facilities associated with their decreed alternate places of storage, will be located in part

on land managed by the United States Bureau of Land Management, 2815 H Road, Grand Junction, Colorado 81506; and Getty Springs

2A, 4A and 6A and a portion of the storage pool for the Getty West Fork of Parachute Creek Reservoir will be located on lands owned

by Eva and Timothy Uphoff, 17037 County Road 5, Rifle, Colorado 81650. Applicant requests the Court enter a decree granting this

Application, finding that it has exercised reasonable diligence in developing and completing the appropriation of the conditional portion

of the water rights described above during the diligence period, finding that Chevron’s Getty Water Rights are all included within

Chevron’s Integrated Water System described above and continuing the conditional decree and the conditional portion of the Getty

Water Rights in full force and effect for six years from the month in which a final decree is entered in this case. (35 pages)











20CW3100 GRAND COUNTY, COLORADO. Winter Park Recreational Association (“Applicant”), Kenneth Ho, WPRA President,

c/o Westside Investment Partners, 4100 East Mississippi Avenue, Suite 500, Denver, CO 80246; [email protected]. Please address

all correspondence to: Peggy E. Montaño and Michael A. Kopp, Trout Raley, 1120 Lincoln Street, Suite 1600, Denver, CO 80203;

Phone Number: 303-861-1963; FAX Number: 303-832-4465; E-Mails: [email protected]; [email protected].

APPLICATION TO MAKE CONDITIONAL RIGHTS ABSOLUTE AND FOR FINDING OF REASONABLE DILIGENCE. 2.

Original Decree: The Village Core Pond was decreed on August 10, 2014, in Case No. 07CW194, Water Division 5. The decree

approved a storage right for the Village Core Pond, a surface water right for fill and refill, to provide freshening flows for the pond, and

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PAGE 19

a plan for augmentation, including exchange, to replace out-of-priority diversions into the pond. 3. Name, Location, and Description of

Surface Water Right A. Name of Structure: Village Core Pond Diversion B. Legal Description of Point of Diversion and Point of Return:

(1) Point of Diversion. The west bank of the Fraser River at a point in the Northeast 1/4 of the Southeast 1/4 of Section 10, Township 2

South, Range 75 West of the 6th P.M., at a point bearing South 8º 13.5' 30" West a distance of 8,622 feet from the Southeast corner of

Section 34, Township 1 South, Range 75 West of the 6th P.M. (2) Point of Return. The west bank of the Fraser River at a point in the

Northeast 1/4 of the Southeast 1/4 of Section 10, Township 2 South, Range 75 West of the 6th P.M., at a point bearing South 8º 11.5'

30" West a distance of 8,655 feet from the Southeast corner of Section 34, Township 1 South, Range 75 West of the 6th P.M. C. Source:

The Fraser River, which is tributary to the Colorado River. D. Amount: 0.25 cfs, conditional E. Uses: Filling, refilling, and providing

freshening flows to the Village Core Pond; and for subsequent recreational, piscatorial, fire protection, fish and wildlife habitat (limited

to the in place and adjacent uses consistent with the existence of a pond), and aesthetic uses of the Village Core Pond. F. Date of

Appropriation: October 31, 2007 4. Name, Location, and Description of Storage Right A. Name of Structure: Village Core Pond B.

Legal Description of Structure: Village Core Pond is an off-channel reservoir located in the North ½ of the Southeast 1/4 of Section l0,

Township 2 South, Range 75 West of the 6th P.M., at a point bearing South 9º, 20', 35'' West a distance of 8,659 feet from the Southeast

corner of Section 34, Township 1 South, Range 75 West of the 6th P.M. A map showing the location of the Village Core Pond is attached

as Exhibit 1. C. Source: The Village Core Pond Diversion surface right from the Fraser River, natural runoff, and surface drainage, all

tributary to the Colorado River. D. Rate of Fill: Up to 0.25 cfs E. Amount: 1.08 acre-feet, conditional, with the right to fill and refill

continuously F. Pond Characteristics: (1) Surface Area: 0.303 acres (2) Capacity: 1.08 acre-feet, all dead storage G. Uses: recreational,

piscatorial, fire protection, fish and wildlife habitat (limited to the in place and adjacent uses in the Village Core Pond), and aesthetic

uses H. Date of Appropriation: October 31, 2007 5. Description of Appropriative Right of Exchange A. Overview of Plan for

Augmentation by Exchange: As approved in Case No. 07CW194, when Applicant’s Village Core Pond Diversion, described in

Paragraph 3, and the Village Core Pond, described in Paragraph 4, are not in priority, Applicant can augment, by exchange, out of

priority depletions attributable to either or both structures in an amount up to 1.90 acre-feet of depletions annually, consisting of the

1.08 acre-foot capacity of the Village Core Pond and 0.82 acre-feet annually of evaporative depletions. Applicant uses water leased from

Middle Park Water Conservancy District as a replacement source, such water consisting of the following sources: (1) A portion of the

3,000 acre-feet produced by the Windy Gap Project and stored in Granby Reservoir pursuant to paragraph 17 of the Agreement

concerning the Windy Gap Project and the Azure Reservoir and Power Project, dated April 30, 1980, and the Supplement dated March

29, 1985, to the extent that water is available under Applicant's Water Supply Contract. The Windy Gap Project diverts at a point on the

North bank of the Colorado River whence the NW corner of Section 25, T. 2 N., R. 77 W. of the 6th P.M. bears S. 17° 30' W. a distance

of 2,380 feet. Granby Reservoir is located on the Colorado River upstream of its confluence with the Fraser River in all or parts of

Sections 25, 26, 27, 34, 35, and 36 T. 3 N., R. 76 W.; Sections 29, 30, and 32, T. 3 N., R. 75 W.; Sections 1, 2, 3, 10, 11, 12, 13, and 15,

T. 2 N., R. 76 W.; and Sections 5, 6, 7, 8, 9, 14, 15, 16, 17, 18, 21, 22, and 23, T. 2 N., R. 75 W., of the 6th P.M. Grand County, Colorado.

(2) Wolford Mountain Reservoir was adjudicated 59,993 acre-feet to the Colorado River Water Conservation District in Case No.

87CW283, by the District Court in and for Water Division 5. Middle Park has a 3,000 acre-foot interest in Wolford Mountain Reservoir

pursuant to an agreement between the Colorado River Water Conservation District, the Board of County Commissioners of Grand

County and Middle Park dated December 17, 1992. Wolford Mountain Reservoir is located on Muddy Creek. The dam for Wolford

Mountain Reservoir is located in the SW l/4 NE l/4 of Section 25, T. 2 N., R. 81 W. of the 6th P.M. The intersection of the dam axis

with the right abutment occurs 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. B. Exchange Reaches: (1) For Windy Gap Project Water Stored in Granby Reservoir. From the confluence of the Fraser and Colorado

Rivers, which is located in the Southwest 1/4 of the Southwest 1/4 of Section 25, Township 2 North, Range 77 West of the 6th P.M., at

a point 594 feet from the South section line and 652 feet from the West section line of said Section 25, up the Fraser River to the Village

Core Pond Diversion point of diversion, as described in paragraph 3(b)(i) above. (2) For Wolford Mountain Reservoir Water. From the

confluence of Muddy Creek and the Colorado River, which is located in the Northwest 1/4 of the Northeast 1/4 of Section 19, Township

1 North, Range 80 West of the 6th P.M., at a point 87 feet from the North section line and 1,959 feet from the East section line of said

Section 19, up the Colorado River to the confluence of the Fraser and Colorado Rivers, and from such point up the Fraser River to the

Village Core Pond Diversion point of diversion, as described in paragraph 3(b)(i) above. C. Exchange Rate: Up to 0.25 cfs, conditional,

with a volumetric limit of 1.90 acre-feet per year. D. Replacement Supplies: (1) 0.45 acre-feet per year of Applicant’s Middle Park

Water, described in Paragraph 5.A, above, to which Applicant is contractually entitled to 11.27 acre-feet annually. (2) An additional

1.45 acre-feet per year of Applicant’s 11.27 acre-feet, annually, of Middle Park Water originally decreed for replacement of depletions

from Applicant’s Vasquez Wells in Case No. 92CW333, Water Division No. 5, and rededicated to augmenting depletions from the

Village Core Pond pursuant to the decrees entered in Case No. 09CW47 and Case No. 07CW194, both in Water Division No. 5. Pursuant

to the decree in Case No. 09CW47, depletions from the Vasquez Wells cannot exceed an amount capable of being replaced by 7.82

acre-feet per year of Middle Park Water until such time as Applicant secures an additional 1.45 acre-feet of replacement water from

Middle Park or any other adequate replacement source. E. Uses: Water diverted under the exchange right pursuant to the plan for

augmentation decreed in Case No. 07CW194 will be used for the purposes identified in paragraphs 3(e) and 4(g), above. F. Date of

Appropriation: October 31, 2007 6. Claim to Make Absolute Applicant constructed the Village Core Pond in 2008 and operated under

approved Substitute Water Supply Plans until the decree in Case No. 07CW194 was entered in August 2014. Applicant first diverted

water into the Pond as it is currently configured via the Village Core Pond Diversion in November 2011. During the most recent diligence

period, Applicant has diverted water pursuant to the Village Core Pond Diversion for storage in the Village Core Pond for all decreed

uses and has diverted water for freshening flows. Applicant first diverted a maximum of 0.25 cfs in priority under the Case No. 07CW194

water right on May 30, 2017. Applicant first stored the full volume of 1.08 acre-feet in the pond by exchange pursuant to the Village

AUGUST 2020 RESUME

WATER DIVISION 5

PAGE 20

Core Pond storage right on August 13, 2014 for all decreed uses. Applicant first stored the full volume of 1.08 acre-feet in the pond in

priority on May 15, 2015. Applicant first diverted water via exchange into the Village Core Pond on August 13, 2014. Applicant diverted

a maximum of 0.024 cfs by exchange on September 27, 2018. 7. Detailed Description of Work Performed to Complete the Application

of Water to a Beneficial Use Applicant also seeks a finding of reasonable diligence for the remaining 0.226 cfs of the appropriative right

of exchange and with respect to any portion of the Village Core Pond Diversion surface water right, Village Core Pond storage right,

and right of exchange not made absolute pursuant to paragraph 6, above. During the most recent diligence period, Applicant took steps

to diligently develop the Village Core Pond Surface Diversion, Village Core Pond storage right, and right of exchange including, without

limitation, the activities described below. This list is not intended to be all-inclusive and may be supplemented by additional evidence.

A. Applicant first diverted water pursuant to the Village Core Pond Diversion right on August 10, 2014 and has diverted up to 0.25 cfs

pursuant to this right, as described in paragraph 6, above. Applicant has diverted water pursuant to the Village Core Pond Diversion to

fill the Village Core Pond for all decreed uses and has diverted water for freshening flows in the Village Core Pond. B. Applicant first

stored water in the Village Core Pond on August 10, 2014 and has stored up to 1.08 acre-feet in the pond for all decreed uses, generally

keeping the pond full at all times with the exception of instances when the pond was lowered by the amount of out of priority evaporative

depletions pursuant to the decree in Case No. 07CW194. C. Applicant first diverted water into the Village Core Pond by exchange on

August 13, 2014 and has diverted by exchange at up to 0.024 cfs. D. Applicant expended approximately $12,500 for consulting services

from BBA Water Consultants related to the Village Core Pond and associated water rights as well as the operation and accounting of

the pond and augmentation plan. E. Applicant expended approximately $3,000 to install a new pump at the Village Core Pond Diversion

in 2017. F. During the diligence period, the Applicant also incurred general legal and technical consulting costs related to monitoring,

evaluating and participating in water rights cases in the Fraser River Basin to protect the subject water right from injury. 8. Names and

Addresses of Owners of Land on Which the Structure is Located and Upon Which Water is Placed to Beneficial Use The Village Core

Pond is located on land owned by the IW/WP Village Core Development Company LLC, PO Box 36, 85 Parsenn Road, Winter Park,

CO 80482. The diversion and return structures described in paragraph 3.B, above, are located on land owned by the Applicant.

WHEREFORE, Applicant respectfully requests that the Court: A. enter a decree confirming that the full 0.25 cfs of the Village Core

Pond Diversion has been made absolute for all decreed uses; B. enter a decree confirming that the full 1.08 acre-feet of the Village Core

Pond storage right has been made absolute for all decreed uses; C. enter a decree confirming that 0.024 cfs of the appropriative right of

exchange has been made absolute for all decreed uses; D. enter a decree finding that, for the remaining 0.226 cfs of the appropriative

right of exchange and any portion of the other above rights that have not been made absolute, that the activities outlined herein are

sufficient to support findings of reasonable diligence on the remaining conditional portion(s) of the Village Core Pond Diversion, Village

Core Pond storage right, and/or the appropriative right of exchange for all decreed uses, that Applicant has been reasonably diligent in

developing such conditional water right(s), and continuing such conditional water right(s) in full force and effect in accordance with the

original decree; and E. grant such other relief as the Court deems just and proper. (8 pages)











20CW3101 EAGLE COUNTY - EAGLE RIVER; UNITED COMPANIES OF MESA COUNTY; c/o John R. Pierce, Dufford

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

REASONABLE DILIGENCE; Name and contact information of Applicant: Oldcastle SW Group, Inc.; dba United Companies of Mesa

County; 2273 River Road; Grand Junction, CO 81505; (970) 243-4900; Background: In Case No. 81CW094 the C-1 Well was decreed

as an alternate point of diversion for 0.30 cfs originally decreed to the Neilson South Ditch in Case No. CA945 for industrial and

agricultural use. Additionally, the C-1 Well was decreed as a new, junior point of diversion with a 1981 priority date for the diversion

of up to 0.56 cfs for industrial use. The junior water right was to be utilized whenever the pumping rate during the irrigation season

exceeded the 0.30 cfs changed right or whenever pumping occurred during the non-irrigation season. Once mining was complete, the

changed right will revert back to irrigation use at the original point of diversion. Name of structure: C-1 Well; Description of conditional

right: Date and case number of original decree: Consolidated Case Nos. 1981CW94 and 1981CW291, decreed on June 12, 1990; List

all subsequent decrees awarding findings of diligence: 1993CW209 (August 14, 1995); 1999CW193 (February 2, 2001); 2007CW34

(January 23, 2008); 2014CW3016 (August 21, 2014). Legal description: 1,450 feet from the north section line and 1,900 feet from the

east section line in the SW/4 NE/4 of Section 6, Township 5 South, Range 84 West of the 6th P.M., Eagle County; Source: Groundwater

tributary to the Eagle River; Appropriation date: February 18, 1981; Amount: 0.56 cfs total; 0.13 cfs absolute and 0.43 cfs conditional;

Use: Industrial; Depth: 50 feet; Detailed outline of what has been done toward application of water to beneficial use: Applicant has

continued its mining operation at the Eagle-Chambers Pit, which is supported by diversions from the C-1 Well. Production at the Eagle-

Chambers Pit during the diligence period has been as follows: 2014: 37,318 tons; 2015: 17,325 tons; 2016: 18,669 tons; 2017: 27,372

tons; 2018: 16,277 tons; 2019: 5,572 tons. Applicant expects to conclude mining at the Pit within approximately two years. After mining

AUGUST 2020 RESUME

WATER DIVISION 5

PAGE 21

is complete, the C-1 Well will remain necessary for reclamation activities. Applicant requests a finding of diligence with regard to the

remaining conditional water rights in the C-1 Well. (4 pages)











20CW3102 SUMMIT COUNTY. GROUNDWATER TRIB. TO W. TENMILE CREEK, TRIB. TO TENMILE CREEK, TRIB.

TO BLUE RIVER. Application for Finding of Reasonable Diligence and to Make Absolute, in Part. Applicant: Powdr - Copper

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

requests a finding of reasonable diligence for cond. water rights first decreed in Case No. 82CW435, which include groundwater rights

(“Groundwater Rights”) and surface rights (“Surface Water Rights”) (collectively, the “Subject Water Rights”), and confirmation that

Applicant has made portions of the Copper Mountain Union Lake Well, Copper Mountain Stafford Lake Well, Tenmile Creek Pipeline,

and Wheeler Gulch Pipeline absolute. Prior Decrees: All decrees were entered in District Court, Water Division 5. Case No. 82CW435:

orig. grant of the Subject Water Rights entered on 11/14/1991. Case No. 97CW250: finding reasonable diligence and confirming a

portion of the Subject Water Rights absolute on 1/21/1999. Case No. 98CW308: granting a change in the pt. of diversion for the Tenmile

Creek Pipeline on 7/2/1999. Case No. 01CW304: granting a change of use for the Tenmile Creek Pipeline on 1/3/2008. Case No.

05CW20: finding reasonable diligence for the Subject Water Rights on 5/10/2006. Case No. 12CW100: finding reasonable diligence for

the Subject Water Rights, confirming a portion of the Tenmile Creek Pipeline absolute, and cancelling a portion of the Subject Water

Rights on 8/23/2014. Groundwater Rights - Decreed Information:

Structure Approp. Date Decreed

Amount Absolute

Remaining

Cond.

Decreed

Uses

Depth in

ft.

Copper Mountain

Union Lake Well

06/30/1976 1.3 cfs

(up to 127

a.f./yr)

0.33 cfs,

all uses

1.0 cfs,

all uses

Rec., aesthetics, fish and

wildlife prop., irr.

3.8

Copper Mountain

E. Lake Well

06/30/1972 1.3 cfs

(up to 127

a.f./yr)

3.1 cfs,

all uses

except

irr.

0.5 cfs, irr. Rec., aesthetics, fish and


6.8

Copper Mountain

Guller Lake Well

12/31/1976 3.1 cfs

(up to 127

a.f./yr)

3.1 cfs,

all uses

except

irr.

0.5 cfs, irr. Rec., aesthetics, fish and


4.6

Copper Mountain

Stafford Lake Well

06/30/1976 3.1 cfs

(up to 127

a.f./yr)

0.33 cfs,

all uses

1.0 cfs,

all uses

Rec., aesthetics, fish and


3.1

Copper Mountain

W. Lake Well

06/30/1972 5.6 cfs

(up to 447

a.f./yr)

5.6 cfs,

all uses

except

irr.

0.5 cfs, irr. Snowmaking, Rec.,

aesthetics, fish and wildlife

prop., irr.

10.5

Copper Mountain

Well No. 4

12/22/1981 2.0 cfs

(up to 447

a.f./yr)

0.0 2.0 cfs,

all uses

Irr., snowmaking, ind., fire

prot.

100

Copper Mountain

Well No. 5

10/01/1987 3.0 cfs

(up to 447

a.f./yr)

0.0 3.0 cfs,

all uses

Irr., snowmaking, ind., fire

prot.

100

Union Bowl Well

No. 1

12/22/1981 0.1 cfs 0.0 0.1 cfs,

all uses

Dom. and commercial 100

Union Bowl Well

No. 2

12/22/1981 0.1 cfs 0.0 0.1 cfs,

all uses


AUGUST 2020 RESUME

WATER DIVISION 5

PAGE 22

Structure Approp. Date Decreed

Amount Absolute

Remaining

Cond.

Decreed

Uses

Depth in

ft.

L-Lift Restaurant

Well No. 1

12/22/1987 0.1 cfs 0.0 0.1 cfs,

all uses


L-Lift Restaurant

Well No. 2

12/22/1987 0.1 cfs 0.0 0.1 cfs,

all uses


Source: The source for all Groundwater Rights is groundwater trib. to W. Tenmile Creek, trib. to Tenmile Creek, trib. to Blue River.

Legal Descriptions: The UTM coordinates provided are for constructed structures using a Trimble GeoXT GPS unit (sub-meter

accuracy). Copper Mountain Union Lake Well: NE1/4 NE1/4, Sec. 30, T. 6 S., R. 78 W., 6th P.M. whence the E1/4 Corner of Sec. 30

bears S. 5 deg. 00' E. a distance of 1,650 ft., which is 1,017 ft. from the N. line and 191 ft. from the E. line of Sec. 30. (UTM X:

401698.85, UTM Y: 4373329.49). Copper Mountain E. Lake Well: SE1/4 NE1/4, Sec. 30, T. 6 S., R. 78 W., 6th P.M. whence the E1/4

Corner of Sec. 30 bears S. 5 deg. 00' E. a distance of 900 ft., which is 1,780 ft. from the N. line and 127 ft. from the E. line of Sec. 30.

(UTM X: 401708.76, UTM Y: 4373060.99). Copper Mountain Guller Lake Well: SE1/4 NE1/4, Sec. 30, T. 6 S., R. 78 W., 6th P.M.

whence the E1/4 Corner of Sec. 30 bears S. 71 deg. 00’ E. a distance of 400 ft., which is 2,480 ft. from the N. line and 382 ft. from the

E. line of Sec. 30. (UTM X: 401612.00, UTM Y: 4372868.11). Copper Mountain Stafford Lake Well: SW1/4 NE1/4, Sec. 30, T. 6 S.,

R. 78 W., 6th P.M. whence the E1/4 Corner of Sec. 30 bears S. 67 deg. 30' E. a distance of 1,850 ft., which is 1,908 ft. from the N. line

and 1,654 ft. from the E. line of Sec. 30. (UTM X: 401220.63, UTM Y: 4373046.29). Copper Mountain W. Lake Well: SE1/4 NW1/4,

Sec. 30, T. 6 S., R. 78 W., 6th P.M. whence the E1/4 Corner of Sec. 30 bears S. 79 deg. 30' E. a distance of 3,700 ft., which is 2,544 ft.

from the N. line and 1,539 ft. from the W. line of Sec. 30. (UTM X: 400635.42, UTM Y: 4373049.32). Copper Mountain Well No. 4:

SW1/4 NE1/4, Sec. 30, T. 6 S., R. 78 W., 6th P.M. at a pt. whence the E1/4 Corner of said Sec. 30 bears S. 56 deg. 10' E. a distance of

2,190 ft., which is 1,810 ft. from the E. line and 1,450 ft. from the N. line of Sec. 30. Copper Mountain Well No. 5: NW1/4 NW1/4, Sec.

29, T. 6 S., R. 78 W., 6th P.M. at a pt. whence the W1/4 Corner of said Sec. 29 bears S. 12 deg. 30' W. a distance of 1,560 ft., which is

1,100 ft. From the N. Line and 340 ft. from the W. line of Sec. 29. Union Bowl Well No. 1: NW1/4 NE1/4, Sec. 1, T. 7 S., R. 79 W., 6th

P.M. at a pt. whence the E1/4 Corner of Sec. 30, T. 6 S., R. 78 W. bears N. 39 deg. 00' E. a distance of 11,100 ft., which is 750 ft. from

the N. line and 2,700 ft. from the W. line of Sec. 1. Union Bowl Well No. 2: NW1/4 NE1/4, Sec. 1, T. 7 S., R. 79 W., 6th P.M. at a pt.

whence the E1/4 Corner of Sec. 30, T. 6 S., R. 78 W. bears N. 37 deg. 30' E. a distance of 10,500 ft., which is 200 ft. from the N. line

and 3,000 ft. from the W. line of Sec. 1. L-Lift Restaurant Well No. 1: SE1/4 NE1/4, Sec. 35, T. 6 S., R. 79 W., 6th P.M. at a pt. whence

the E1/4 Corner of Sec. 30, T. 6 S., R. 78 W. bears N. 66 deg. 30' E. a distance of 11,700 ft., which is 2,600 ft. from the N. line and 400

ft. from the E. line of Sec. 35. L-Lift Restaurant Well No. 2: NE1/4 SE1/4, Sec. 35, T. 6 S. R. 79 W., 6th P.M. at a pt. whence the E1/4

Corner of Sec. 30, T. 6 S., R. 78 W. bears N. 61 deg. 30' E. a distance of 11,800 ft., which is 3,100 ft. from the N. line and 350 ft. from

the E. line of Sec. 35. Surface Water Rights - Decreed Information:

Structure Source Approp.

Date

Decreed

Amount Absolute

Remaining

Cond. Decreed Uses

W. Lake

Pipeline No. 2

W. Tenmile

Creek, trib. to

Tenmile Creek,

trib. to Blue

River

10/01/1987 6.0 cfs 0.0 6.0 cfs,

all uses

Recharge of W. Lake

Well, Rec., aesthetics,

snowmaking, fish and


Wheeler Gulch

Pipeline

Wheeler Gulch,

trib. to W.

Tenmile Creek,

trib. to Tenmile

Creek, trib. to

Blue River

03/12/1987 3.2 cfs 1.0 cfs

all uses

0.5 cfs irr.;

2.2 cfs, all

other uses

Recharge of W. Lake

Well, Rec., aesthetics,

snowmaking, fish and


Tenmile Creek

Pipeline

Tenmile Creek,

trib. to Blue

River

10/22/1981 3.2 cfs 3.2 cfs,

snowmaking

0.288 cfs, irr.

2.912 cfs,

irr.

Irr. and snowmaking as

decreed in Case No.

01CW304

Beeler Lake

Pipeline

W. Tenmile

Creek, trib. to

Tenmile Creek,

trib. to Blue

River

08/31/1976 5.6 cfs 5.6 cfs,

all uses

except irr.;

0.33 cfs, irr.

1.0 cfs, irr. Diverted to Beeler Lake

Well. Overflow conveyed

to Union Lake Well for

recharge, irr., Rec.,

aesthetics, and fish and

wildlife prop.

AUGUST 2020 RESUME

WATER DIVISION 5

PAGE 23

Structure Source Approp.

Date

Decreed

Amount Absolute

Remaining

Cond. Decreed Uses

McKenzie Lake

Pipeline

W. Tenmile

Creek, trib. to

Tenmile Creek,

trib. to Blue

River

08/31/1976 5.6 cfs 5.6 cfs,

all uses

except irr.;

0.33 cfs, irr.

1.0 cfs, irr. Recharge of McKenzie

Lake Well, Beeler Lake

Well, Union Lake Well;

irr., Rec., aesthetics, fish

and wildlife prop.

Stafford Lake

Pipeline

W. Tenmile

Creek, trib. to

Tenmile Creek,

trib. to Blue

River

08/31/1976 5.6 cfs 5.6 cfs all

uses except

irr.; 0.33 cfs,

irr.

1.0 cfs, irr. Recharge Stafford Lake

Well, irr., Rec., aesthetics,

fish and wildlife prop.

Legal Descriptions: The UTM coordinates provided are for constructed structures using a Trimble GeoXT GPS unit (sub-meter

accuracy).. W. Lake Pipeline No. 2: SW1/4 NW1/4, Sec. 30, T. 6 S., R. 78 W., 6th P.M. at a pt. whence the E1/4 Corner of Sec. 30 bears

S. 88 deg. 35' E. a distance of 4,830 ft., which is 2,225 ft. from the N. line and 709 ft. from the W. line of Sec. 30. Wheeler Gulch

Pipeline: SE1/4 NW1/4, Sec. 30, T. 6 S., R. 78 W., 6th P.M., at a pt. whence the E1/4 Corner of said Sec. 30 bears N. 90 deg. 00' E. a

distance of 3,270 ft. (UTM X: 400740.31, UTM Y: 4372839.03). Tenmile Creek Pipeline: As changed in Case No. 98CW308, NE1/4

NW1/4, Sec. 32, T. 6 S., R. 78 W., 6th P.M., at a pt. whence the N.W. corner of said Sec. 32 bears N. 87 deg. 0’ W. a distance of 2,220

ft. (UTM X: 402408.69, UTM Y: 4372019.47). Beeler Lake Pipeline: NE1/4 NE1/4, Sec. 30, T. 6 S., R. 78 W., 6th P.M. at a pt.

whence the E1/4 Corner of said Sec. 30 bears S. 25 deg. 10' E. a distance of 1,490 ft. (UTM X: 401560.43, UTM Y: 4373230.90).

McKenzie Lake Pipeline: SW1/4 NE1/4, Sec. 30, T. 6 S., R. 78 W., 6th P.M. at a pt. whence the E1/4 Corner of Sec. 30 bears S. 34 deg.

15' E. a distance of 1,260 ft. (UTM X: 401524.22, UTM Y: 4373140.28). Stafford Lake Pipeline: SW1/4 NE1/4, Sec. 30, T. 6 S., R.

78 W., 6th P.M. at a pt. whence the E1/4 Corner of Sec. 30 bears S. 70 deg. 50' E. a distance of 1,960 ft. (UTM X: 401170.28, UTM Y:

4373036.87). Names and addresses of owners of the 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: Applicant and United States Forest Service, P.O. Box 620 Silverthorne,

Colorado 80498-0620. Integrated System: As decreed in Case No. 97CW250, the Subject Water Rights are part of an integrated water

supply for Applicant's ski area and golf course resort. Diligence Claim: The Application lists examples of activities demonstrating

reasonable diligence. Claim to Make Absolute: Applicant made additional amounts absolute under the following water right priorities

by diverting water from the corresponding structure, at rates above those previously confirmed as absolute, and placing the water to

beneficial use. Copper Mountain Union Lake Well. Amounts and Uses Made Absolute: Applicant diverted an additional 0.08 c.f.s.,

above the 0.33 c.f.s. previously confirmed as absolute, to irrigate 12.8 acres of Applicant’s golf course. Dates of Beneficial Use: 8/1 to

8/7, 2018. Amounts and Uses Remaining Cond.: 0.92 c.f.s. for irr.; 1.0 c.f.s. for Rec., aesthetics, and fish and wildlife prop. Copper

Mountain Stafford Lake Well. Amounts and Uses Made Absolute: Applicant diverted an additional 0.04 c.f.s., above the 0.33 c.f.s.

previously confirmed as absolute, to irrigate 18.3 acres of Applicant’s golf course. Dates of Beneficial Use: 8/1 to 8/7, 2018. Amounts

and Uses Remaining Cond.: 0.96 c.f.s. for irr.; 1.0 c.f.s. for Rec., aesthetics, and fish and wildlife prop. Tenmile Creek Pipeline. 0.78

c.f.s., above the 0.288 c.f.s. previously confirmed as absolute, to irrigate 24.0 acres of Applicant’s golf course. Dates of Beneficial Use:

8/1 to 8/7, 2015. Amounts and Uses Remaining Cond.: 2.132 c.f.s. for irr. Wheeler Gulch Pipeline. Amounts and Uses Made Absolute:

Applicant diverted an additional 2.2 c.f.s., above the 1.0 c.f.s. previously confirmed as absolute, for recharge of W. Lake Well and

subsequent Rec., fish and wildlife prop.s, and aesthetic purposes. Date of Beneficial Use: 6/21/2017. Amounts and Uses Remaining

Cond.: 2.2 c.f.s. for snowmaking; 0.5 c.f.s. for irr. (10 pgs.; 3 Exhs.)











20CW3103 GARFIELD COUNTY - COLORADO RIVER; United Companies of Mesa County; c/o John R. Pierce, Dufford

Waldeck, 744 Horizon Court, Suite 300, Grand Junction, CO 81506, (970) 248-5865; APPLICATION TO MAKE ABSOLUTE AND

FOR FINDING OF REASONABLE DILIGENCE; Name and contact information of Applicant: Oldcastle SW Group, Inc., dba United

Companies of Mesa County, 2273 River Road, Grand Junction, CO 81505, (970) 243-4900; Request to make absolute and for finding

of diligence: North Bank Gravel Pit Well A; Description of conditional right: Case number and date of original decree: 2006CW20,

December 9, 2007; List of subsequent decrees awarding findings of diligence: 2013CW3096; Legal description: NW1/4 of the SW1/4

of Section 12, Township 6 South, Range 93 West of the 6th P.M. at a point approximately 2,300 feet from the south section line and

1,000 feet from the west section line; UTM Zone 13, NAD83, 265381 Easting and 4380256 Northing; Source: Alluvial groundwater

AUGUST 2020 RESUME

WATER DIVISION 5

PAGE 24

tributary to the Colorado River; Appropriation date: December 8, 2005; Amount: 300 gpm, with an annual volumetric limit (together

with the North Bank Gravel Pit Well B) of 233 af; Use: Evaporation and industrial uses, including gravel production, dust control, and

truck and equipment washing; Depth: Will be excavated to a depth of 27 feet; Detailed outline of what has been done toward application

of water to beneficial use: Applicant has begun mining the North Bank Gravel Pit Well A and has exposed 1.5 acres of surface area

resulting in the depletions of 4.33 af of water. Applicant has begun reclamation of the North Bank Gravel Pit Well B, which has a surface

area of 20.6 acres, resulting in the depletion of an additional 59.5 af of water. The material produced from the two pits over the last six

years averages 143,000 tons per year, which has resulted in 4.2 af of depletions. Water used for dust control has not been quantified but

has been used up to two times per day when operating. The total amount of water placed to beneficial use from the two pits, combined,

is 68 af; Request to make conditional right absolute: 1.5 acres of surface area has been exposed within Pit A, resulting in depletions of

4.33 af per year. Applicant has used water from Pit A at a rate of 300 gpm. The combined volumetric use from Pit A and Pit B is 68 af.

Accordingly, Applicant requests to make the water right in the North Bank Gravel Pit Well A absolute for 300 gpm and a combined

volumetric amount of 68 af. Applicant requests a finding of diligence with regard to the remaining 165 af; Request to make absolute

and for finding of diligence: North Bank Gravel Pit Well B; Description of conditional right: Case number and date of original decree:

2006CW20, December 9, 2007; List of subsequent decrees awarding findings of diligence: 2013CW3096; Legal description: SW1/4 of

the NE1/4 of Section 12, Township 6 South, Range 93 West of the 6th P.M. at a point approximately 2,100 feet from the north section

line and 1,500 feet from the east section line; UTM Zone 13, NAD83, 266237 Easting and 4380501 Northing; Source: Alluvial

groundwater tributary to the Colorado River; Appropriation date: December 8, 2005; Amount: 300 g.p.m., with an annual volumetric

limit (together with the North Bank Gravel Pit Well A) of 233 af; Use: Evaporation and industrial uses, including gravel production,

dust control, and truck and equipment washing; Depth: Will be excavated to a depth of 27 feet; Detailed outline of what has been done

toward application of water to beneficial use: During the diligence period Applicant has completed the mining of the North Bank Gravel

Pit Well B and has begun mining the North Bank Gravel Pit Well A. Applicant has begun reclamation of the North Bank Gravel Pit

Well B, which has a surface area of 20.6 acres, resulting in the depletion of an additional 59.5 af of water. The material produced from

the two pits over the last six years averages 143,000 tons per year, which has resulted in 4.2 af of depletions. Water used for dust control

has not been quantified but has been used up to two times per day when operating. The total amount of water placed to beneficial use

from the two pits, combined, is 68 af; Request to make conditional right absolute: The 300 gpm component of the conditional right in

Pit B was made absolute in Case No. 2013CW3096. In that case, 6.21 af of the 233 af conditional right was made absolute, leaving

226.79 af conditional. The combined annual volumetric use from Pit A and Pit B during the diligence period was 68 af. Accordingly,

Applicant requests to make the water right in the North Bank Gravel Pit Well B absolute for a total of 68 af. Applicant requests a finding

of diligence with regard to the remaining 165 af, as well as with regard to any amounts not made absolute in response to this application.

(5 pages)











20CW3104 (13CW3030) PITKIN COUNTY –SPRING CREEK, LITTLE ELK CREEK, TRIBUTARY TO CAPITOL CREEK,

SNOWMASS CREEK, THE ROARING FORK RIVER, AND THE COLORADO RIVER. Snowmass Acres, LLC, c/o Paul L.

Noto, Esq. and John. M. Sittler, Esq., Patrick, Miller & Noto, P.C., 229 Midland Ave., Basalt, CO 81621 (970) 920-1030.

APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE WATER RIGHTS ABSOLUTE. First Claim (To

make Absolute): Name of structure: Little Elk Ditch Russell Use Enlargement. Description of conditional water right: Original decree:

August 10, 2014; Case No. 13CW3030, Division 5 Water Court. Legal description: The headgate is located in the SW ¼ of the SE ¼

of Section 5, Township 9 South, Range 86 West of the 6th P.M., at a point approximately 224 feet from the South section line and 2,564

feet from the East section line (Pitkin County). A map is on file with the court as Figure 1. Source: Little Elk Creek, tributary to Capitol

Creek, Snowmass Creek, the Roaring Fork River, and the Colorado River. Appropriation date: October 24, 2012. Amount: 1.10 c.f.s.,

conditional. Uses: Aesthetic and fire protection purposes, and to fill and re-fill and provide freshening flows to the Russell Pond for

subsequent aesthetic, recreation, piscatorial, and fire protection purposes. The pond is described in the Second Claim below. Note: The

Little Elk Ditch Russell Use Enlargement shall only provide freshening flows to the Russell Pond during the irrigation season. Remark:

The Garfield County District Court decreed the following water rights to the Little Elk Ditch:

Priority Case No. Adjudication

Date

Appropriation

Date

Use Amount

(cfs)

Applicant’s

Interest (cfs)

143 CA 0132 5/11/1889 4/25/1886 Irrigation 0.80 0.252

207A CA 1042 3/18/1904 6/1/1889 Irrigation 2.44 0.769

310 CA 3082 8/25/1936 6/1/1890 Irrigation 0.26 0.082

TOTAL = 3.50 TOTAL = 1.10

AUGUST 2020 RESUME

WATER DIVISION 5

PAGE 25

The Little Elk Creek Ditch Company owns 90% of the water rights decreed to the Little Elk Ditch equaling 3.15 c.f.s. absolute. Applicant

owns a 35% interest in the Ditch Company, or approximately 31% of the water rights decreed to the ditch equaling 1.10 c.f.s. absolute.

The Little Elk Ditch Russell Use Enlargement adds additional junior uses to the Little Elk Ditch structure but does not increase the

overall diversion rate interest in the ditch. Claim to make water right absolute: In September 2014, Applicant completed construction of

the Russell Pond (described in the Second Claim below) on its property. That same month, Applicant used the Little Elk Ditch Russell

Use Enlargement for aesthetic and fire protection purposes, and to fill and re-fill and provide freshening flows to the Russell Pond for

subsequent aesthetic, recreation, piscatorial, and fire protection purposes. Applicant also used the Russell Pond as an irrigation control

structure for its irrigation water rights in the Little Elk Ditch, Priorities 143, 207A, and 310, described in paragraph 3.G above. A

photograph taken on September 29, 2014 showing the full pond is on file with the court as Exhibit A. Date water applied to beneficial

use: September 29, 2014. Amount: 1.10 c.f.s., out of the 1.10 c.f.s. originally decreed. Uses: Aesthetic and fire protection purposes,

and to fill and re-fill and provide freshening flows to the Russell Pond for subsequent aesthetic, recreation, piscatorial, and fire protection

purposes. Applicant owns the land upon which water is put to beneficial use. The following party owns the land upon which the Little

Elk Ditch diversion structure is located: McCabe Properties, LLC, 7855 Ivanhoe Ave., #333 La Jolla, CA 90237 Pitkin County Parcel

ID No. 264505404010 Second Claim: To Make Water Right Absolute. Name of structure: Russell Pond. Description of conditional

water right: Original decree: August 10, 2014; Case No. 13CW3030, Division 5 Water Court. Legal description: The outlet is located

in the NW ¼ of the NW ¼ of Section 4, Township 9 South, Range 86 West of the 6th P.M., at a point approximately 991 feet from the

North section line and 370 feet from the West section line (Pitkin County). A map is on file with the court as Figure 1. A properly scaled

map showing the lateral off of the Little Elk Ditch that feeds the pond and the lateral that returns freshening flows from the pond back

to Little Elk Creek is on file with the court as Figure 2. Source: The following sources are tributary to Little Elk Creek, Capitol Creek,

Snowmass Creek, the Roaring Fork River, and the Colorado River. The Little Elk Ditch Russell Use Enlargement described in the First

Claim above. The capacity of the ditch is 1.10 c.f.s. The point of diversion is described in paragraph 3.B. Surface runoff comprised of

springs, seeps, and tailwater return flow from uses on upstream properties. The capacity of the surface runoff is 0.033 c.f.s. The point

of diversion is located in the NW ¼, NW ¼, of Section 4, Township 9 South, Range 86 West of the 6 th P.M., at a point 916 feet from

the North section line and 97 feet from the West section line (Pitkin County). Appropriation date: October 24, 2012. Amount: 1.7 acre-

feet, conditional, with the right to fill and re-fill when water is physically and legally available. Uses: Aesthetic, recreation, piscatorial,

and fire protection. Note: The pond is also be used as an irrigation control structure for Applicant’s irrigation water rights in the Little

Elk Ditch, Priorities 143, 207A, and 310, described in paragraph 3.G. Surface area of high water line: 0.35 acre. Maximum height of

dam: Less than 10 feet. Length of dam: Approximately 300 feet. Total capacity of pond: 1.7 acre-feet (all active). Remarks: The Russell

Pond was equipped with a low level outlet and lined so as not to intercept groundwater. The stage-capacity curve will be developed once

the as-built survey is completed. In use of the Russell Pond as an irrigation control structure for the irrigation water rights in the Little

Elk Ditch, Priorities 143, 207A, and 310, described in paragraph 3.G, Applicant shall abide by all requirements, guidelines, and policies

regarding irrigation control structures. The Russell Pond shall not be used to store the Little Elk Ditch, Priorities 143, 207A, and 310

water rights. Rather, these water rights shall be cycled through the pond within 72 hours and shall be released from the pond once they

are out-of-priority at the end of the irrigation season. Claim to make water right absolute: See paragraph 4. Date water applied to

beneficial use: September 29, 2014. Amount: 1.7 acre-feet, out of the 1.7 acre-feet originally decreed. Uses: Aesthetic, recreation,

piscatorial, and fire protection purposes, and as an irrigation control structure for Applicant’s irrigation water rights in the Little Elk

Ditch, Priorities 143, 207A, and 310, described in paragraph 3.G. Name and address of owner of the land upon which the storage

structure is location and upon which water is stored and placed to beneficial use: Applicant. Third Claim: To Make Water Right

Absolute. Name of structure: Russell Exchange. Description of conditional water right: Original decree: August 10, 2014; Case No.

13CW3030, Division 5 Water Court. Legal description: A map of the exchange reach is on file with the court as Figure 3. Downstream

termini: The points of replacement on the Roaring Fork and/or Colorado Rivers of the Basalt Water Conservancy District’s (“BWCD’s”)

water rights listed below and described with particularity as follows: For the exchange of Green Mountain Reservoir water: The

confluence of the Roaring Fork and Colorado Rivers, located in the SE ¼ NW ¼ of Section 9, Township 6 S., Range 89 W. of the 6th

P.M., at a point approximately 2,200 feet from the North section line and 2,350 feet from the West section line; For the exchange of

Ruedi Reservoir and/or Troy and Edith Ditch water: The confluence of the Roaring Fork and Frying Pan Rivers located in the SW ¼ SE

¼ of Section 7, Township 8 S., Range 86 W. of the 6th P.M., at a point approximately 647 feet from the South section line and 1,475

feet west of the East section line; and For the exchange of Robinson Ditch water: The point of diversion for the Robinson Ditch on the

Roaring Fork River, located in the NW ¼ SE ¼ of Section 11, Township 8 S., Range 87 W. of the 6th P.M., at a point approximately

2,307 feet from the South section line and 2,309 feet from the East section line. Upstream terminus: The headgate of the Little Elk

Ditch, described in paragraph 3.B. Source: 0.9 acre-foot of BWCD water marketing supplies, released under Amended Water Allotment

Contract No. 624 and comprised of the following water rights: Green Mountain Reservoir: Source: Blue River, tributary to the Colorado

River. Legal description: The NE ¼ SE ¼ of Section 15, Township 2 S., Range 80 W. of the 6th P.M., at a point approximately 2,312

feet from the South section line and 992 feet from the East section line. UTM coordinates: Northing 4414928, Easting 386227.9, Zone

13. Note: Distances from section lines and UTM coordinates were obtained from the Division of Water Resources’ CDSS database

and/or Aquamap program. Ruedi Reservoir: Source: Frying Pan River, tributary to the Colorado River. Legal description: NW ¼ NW

¼ of Section 18, Township 8 S., Range 84 W. of the 6th P.M., at a point approximately 324 feet from the North section line and 984 feet

from the West section line. UTM coordinates: Northing 4358646, Easting 343227.7, Zone 13. Note: Distances from section lines and

UTM coordinates were obtained from the Division of Water Resources’ CDSS database and/or Aquamap program. Troy Ditch and

Edith Ditch water rights: The Troy and Edith augmentation water can be delivered to the Frying Pan, Roaring Fork, or Colorado Rivers

by by-passing water at the headgate on the Frying Pan River. Legal descriptions: Troy Ditch: The NW ¼ NE ¼ of Section 14, Township

AUGUST 2020 RESUME

WATER DIVISION 5

PAGE 26

8 S., Range 84 W. of the 6th P.M., at a point approximately 285 feet from the South section line and 967 feet from the East section line.

UTM coordinates: Northing 4356860, Easting 350640, Zone 13. Note: Distances from section lines and UTM coordinates were

obtained from the Division of Water Resources’ CDSS database and/or Aquamap program. When AquaMap converts the UTM

coordinates, the quarter quarter coordinates are SE 1/4 SE 1/4. Edith Ditch: The SW ¼ SW ¼ of Section 12, Township 8 S., Range 84

W. of the 6th P.M., at a point approximately 326 feet from the South section line and 981 feet from the West section line. UTM

coordinates: Northing 4358454, Easting 351278.1, Zone 13. Note: Distances from section lines and UTM coordinates were obtained

from the Division of Water Resources’ CDSS database and/or Aquamap program. Robinson Ditch water rights: Legal description: The

NW ¼ SE ¼ of Section 11, Township 8 S., Range 87 W. of the 6th P.M., at a point approximately 2,307 feet from the South section line

and 2,309 feet from the East section line. Claim to make water right absolute: The downstream “Cameo Call” came on the Colorado

River in mid-July 2018. Applicant operated the Russell Exchange that month at the maximum rate of 0.01 c.f.s. Applicant’s WY2018

accounting is on file with the court as Exhibit B. Date water applied to beneficial use: July 16, 2018. Amount: 0.01 c.f.s., out of the

0.01 c.f.s originally decreed. Use: Exchange of water under the plan for augmentation decreed in Case No. 13CW3030.











20CW3105 (12CW160)(05CW268)(07CW152). DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO, Garfield

County Courthouse, 109 8th Street, Glenwood Springs, CO 81601. CONCERNING THE APPLICATION FOR FINDING OF

REASONABLE DILIGENCE FOR POWDERHORN SKI COMPANY, LLC, IN MESA COUNTY, COLORADO. APPLICATION

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

LLC (“Powderhorn”), P.O. Box 250, Mesa, Colorado 81643, Attention: General Manager. Direct all pleadings to: Glenn E. Porzak,

Gunnar J. Paulsen, Porzak Browning & Bushong LLP, 2120 13th Street, Boulder, CO 80302. 2. Names of structures: Little Beaver

Pipelines Nos. 1, 2 and 3, West Branch Pipeline, Confluence Pipeline, Middle Branch Pipeline, Spruce Point Pipeline, Beaver Reservoir,

Powderhorn Snowmaking Diversion, Presnell Enlargement of the H.U. Robbins Reservoir, Ski Pipeline and Bieser Pipeline

(collectively, the “Subject Water Rights”). A map depicting the general location of the Subject Water Rights is attached as Exhibit A.

3. Description of conditional water rights: Including structure names, adjudication and appropriation dates, amounts, sources, uses, and

previous cases: A. Name of Structure: Little Beaver Pipeline No. 1. (1) Date of original decree: December 17, 1986, Case No.: 86CW15,

Court: District Court, Water Division No. 5 (“Water Court”), (2) Location: At a point located in the SE1/4 SW1/4 of Section 19, T. 11

S., R. 96 W. of the 6th P.M., a distance of 620 feet from the South Section line and 1,620 feet from the West Section line of said Section

19, (3) Source: Little Beaver Creek, tributary to Mesa Creek, tributary to Plateau Creek, tributary to the Colorado River, (4)

Appropriation date: January 23, 1986, (5) Amount: 0.5 cfs, conditional, (6) Use: Domestic, commercial, industrial, irrigation,

municipal, snowmaking, recreational, and other uses, for the irrigation of approximately 15 acres, and as a water supply for an all-season

resort, including residential and commercial development, (7) Previous Reasonable Diligence Determinations: Case Nos. 92CW257,

99CW37, 05CW268, and 12CW160. B. Name of structure: Little Beaver Pipeline No. 2., (1)Date of original decree: December 17,

1986, Case No.: 86CW15, Court: Water Court, (2) Location: At a point located in the SW1/4 SE1/4 of Section 19, T. 11 S., R. 96 W.

of the 6th P.M., a distance of 200 feet from the South Section line and 2,520 feet from the East Section line of said Section 19, (3) Source:

Little Beaver Creek, tributary to Mesa Creek, tributary to Plateau Creek, tributary to the Colorado River, (4) Appropriation date: January

23, 1986, (5) Amount: 1.0 cfs, conditional, (6) Use: Domestic, commercial, industrial, irrigation, municipal, snowmaking, recreational,

and other uses, for the irrigation of approximately 15 acres, and as a water supply for an all-season resort, including residential and

commercial development, (7) Previous Reasonable Diligence Determinations: Case Nos. 92CW257, 99CW37, 05CW268, and

12CW160. C. Name of structure: Little Beaver Pipeline No. 3, (1) Date of original decree: December 17, 1986, Case No.: 86CW15,

Court: Water Court, (2) Location: At a point located in the SW1/4 SE1/4 of Section 19, T. 11 S., R. 96 W. of the 6 th P.M., a distance of

250 feet from the South Section line and 1,750 feet from the East Section line of said Section 19, (3) Source: Little Beaver Creek,

tributary to Mesa Creek, tributary to Plateau Creek, tributary to the Colorado River, (4) Appropriation date: January 23, 1986, (5)

Amount: .5 cfs, conditional, (6) Use: Domestic, commercial, industrial, irrigation, municipal, snowmaking, recreational, and other uses,

for the irrigation of approximately 15 acres, and as a water supply for an all-season resort, including residential and commercial

development, (7) Previous Reasonable Diligence Determinations: Case Nos. 92CW257, 99CW37, 05CW268, and 12CW160. D. Name

of structure: West Branch Pipeline, (1) Date of original decree: December 17, 1986, Case No.: 86CW15, Court: Water Court,

(2)Location: At a point located in the SE1/4 SE1/4 of Section 19, T. 11 S., R. 96 W. of the 6 th P.M., a distance of 150 feet from the

South Section line and 300 feet from the East Section line of said Section 19, (3) Source: Big Beaver Creek, tributary to Mesa Creek,

tributary to Plateau Creek, tributary to the Colorado River, (4) Appropriation date: January 23, 1986, (5) Amount: 3109

1.0 cfs, conditional, (6) Use: Domestic, commercial, industrial, irrigation, municipal, snowmaking, recreational, and other uses, for the

irrigation of approximately 15 acres, and as a water supply for an all-season resort, including residential and commercial development,

AUGUST 2020 RESUME

WATER DIVISION 5

PAGE 27

(7) Alternate Points of Diversion: By decree of this Court entered on October 21, 1988, in Case No. 86CW197, alternate points of

diversion for this water right were established at the following points of diversion: (a) North Mad Dog Spring, located near the middle

of the S1/2 of the NE1/4 of Section 30, T. 11 S., R. 96 W. of the 6th P.M., at a point S. 02°22ꞌ34" W. 1,868 feet from the SW Corner of

Section 20, said Township and Range, or 1870 from the N. Section line and 1700 ft. from the E. Section line of said Section 30, (b) East

Mad Dog Spring, located near the middle of the S1/2 of the NE1/4 of Section 30, T. 11 S., R. 96 W. of the 6 th P.M., at a point S.

04°37ꞌ39" E. 2,160 feet from the SW Corner of Section 20, said Township and Range, or 2150 ft. from the N. Section line and 1440 ft.

from the E. Section line of said Section 30, (c) West Mad Dog Spring, located near the middle of the S1/2 of the NE1/4 of Section 30,

T. 11 S., R. 96 W. of the 6th P.M., at a point S. 00°16ꞌ10" E. 2,096 feet from the SW Corner of Section 20, said Township and Range,

or 2095 ft. from the N. Section line and 1605 ft. from the E. Section line of said Section 30, (d) The Dude Spring is located at the point

of diversion decreed in Case No. 84CW462 in the District Court in and for Water Division No. 5, located in the SE1/4 of Section 30, T.

11 S., R. 96 W. of the 6th P.M., at a point whence the SW Corner of Section 20, said Township and Range, bears N. 05°20ꞌ W. 3,650

feet, or 1470 ft. from the S. Section line and 1230 ft. from the E. Section line of said Section 30. The foregoing springs are also alternate

points of diversion for the water right decreed to the Mad Dog Pipeline Diversion, pursuant to decree entered on July 25, 1988, in Case

No.88CW059, (8) Previous reasonable Diligence Determinations: Case Nos. 92CW257, 99CW37, 05CW268, and 12CW160. E. Name

of structure: Confluence Pipeline, (1) Date of original decree: December 17, 1986, Case No.: 86CW15, Court: Water Court, (2)

Location: At a point located in the NW1/4 SW1/4 of Section 20, T. 11 S., R. 96 W. of the 6th P.M., a distance of 1,900 feet from the

South Section line and 450 feet from the West Section line of said Section 20, (3)Source: Big Beaver Creek, tributary to Mesa Creek,

tributary to Plateau Creek, tributary to the Colorado River, (4) Appropriation date: January 23, 1986, (5) Amount: 1.0 cfs, conditional,

(6) Use: Domestic, commercial, industrial, irrigation, municipal, snowmaking, recreational, piscatorial, aesthetic for filling Beaver

Reservoir, and other uses, for the irrigation of approximately 15 acres, and as a water supply for an all-season resort, including residential

and commercial development. This structure will be used for direct flow uses and to fill Beaver Reservoir, as described below, (7)

Previous Reasonable Diligence Determinations: Case Nos. 92CW257, 99CW37, 05CW268, and 12CW160. F.Name of structure:

Middle Branch Pipeline, (1) Date of original decree: December 17, 1986, Case No.: 86CW15, Court: Water Court, (2) Location: At a

point located in the SW1/4 SW1/4 of Section 20, T. 11 S., R. 96 W. of the 6th P.M., a distance of 200 feet from the South Section line

and 900 feet from the West Section line of said Section 20, (3) Source: Big Beaver Creek, tributary to Mesa Creek, tributary to Plateau

Creek, tributary to the Colorado River, (4) Appropriation date: January 23, 1986, (5)Amount: 1.0 cfs; 0.91 cfs, conditional and 0.09 cfs,

absolute, (6) Use: Domestic, commercial, industrial, irrigation, municipal, snowmaking, recreational, and other uses, for the irrigation

of approximately 15 acres, and as a water supply for an all-season resort, including residential and commercial development, (7)

Alternate Points of Diversion: By decree of this Court entered on October 12, 1988, in Case No. 86CW196, alternate points of diversion

for this water right were established at the following points of diversion: (a) Ski Pipeline Diversion is located near the middle of the

E1/2 of NE1/4 of Section 30, T. 11 S., R. 96 W., of the 6th P.M., at a point S. 32°38ꞌ49" E. 1,512 feet from the SW Corner of Section

20, said Township and Range, or 1250 ft. from the N. Section line and 830ft. from the E. Section line of said Section 30, (b) Ski Pipeline

Spring is located near the middle of the E1/2 of NE1/4 of Section 30, T. 11 S., R. 96 W. of the 6th P.M., at a point S. 28°12ꞌ31" E. 1,634

feet from the SW Corner of Section 20, said Township and Range, or 1420 ft. from the N. Section line and 860ft. from the E. Section

line of said Section 30. (8) Previous Reasonable Diligence Determinations: Case Nos. 92CW257, 99CW37, 05CW268, and 12CW160.

G. Name of structure: Spruce Point Pipeline, (1)Date of original decree: December 17, 1986, Case No.: 86CW15, Court: Water Court,

(2) Location: At a point located in the NE1/4 NW1/4 of Section 27, T. 11 S., R. 96 W. of the 6th P.M., a distance of 850 feet from the

North Section line and 1,800 feet from the West Section line of said Section 27, (3) Source: Mesa Creek, tributary to Plateau Creek,

tributary to the Colorado River, (4) Appropriation date: October 9, 1984, (5) Amount: 3.0 cfs, conditional, (6) Use: Domestic,

commercial, industrial, irrigation, municipal, snowmaking, recreational, and other uses, by direct use and by replacement, augmentation

and exchange, for the irrigation of approximately 15, acres, and as a water supply for an all-season resort, including residential and

commercial development, (7) Previous Reasonable Diligence Determinations: Case Nos. 92CW257, 99CW37, 05CW268, and

12CW160. H. Name of structure: Beaver Reservoir, (1) Date of original decree: December 17, 1986, Case No.: 86CW15, Court: Water

Court, (2) Location: The dam is located above the point of outlet which is in the SE1/4 NE1/4 of Section 19, T. 11 S., R. 96 W. of the

6th P.M., a distance of 1,400 feet from the North Section line and 1,220 feet from the East Section line of said Section 19, (3) Source:

Beaver Reservoir is located on Little Beaver Creek from which it will receive direct flow. Beaver Reservoir will also fill from

Confluence Pipeline, the diversion point of which is located in the NW1/4 of the SW1/4 of Section 20, T. 11 S., R. 96 W. of the 6 th

P.M., a distance of 1,900 feet from the South line and 450 feet from the West line of said Section 20, (4) Appropriation date: January

30, 1986, (5) Amount: 30 acre-feet, conditional, including the right to fill and refill in priority, and 1.0 cfs, conditional, for filling the

reservoir from the Confluence Pipeline, (6) Use: The irrigation of approximately 15 acres, domestic, commercial, industrial, irrigation,

municipal, snowmaking, recreational, piscatorial, and other uses, all by direct application and by augmentation, replacement and

exchange, (7) Reservoir Characteristics: (a) Surface area: 3.8 acres, (b) Maximum height of dam: 27 feet, (c) Capacity: 30 acre-feet,

all active, (8) Previous Reasonable Diligence Determinations: Case Nos. 92CW257, 99CW37, 05CW268, and 12CW160. I. Name of

Structure: Powderhorn Snowmaking Diversion, (1) Date of original decree: May 23, 1984, Case No.: 81CW412, Court: Water Court,

(2) Location: The point of diversion is located at a point whence the Northeast Corner of Section 30, T. 11 S., R. 96 W., of the 6th P.M.

bears North 28°04ꞌ East 1,609.4 feet, Supplemental Legal Description: A point of diversion located in the SE1/4 NE1/4 of Section 30

T. 11 S., R. 96 W., of the 6th P.M. at a point 1,421 feet from the North Section line and 755 feet from the East Section line of said Section

30, (3) Source: Middle Fork of Beaver Creek, tributary to Mesa Creek, tributary to Plateau Creek, tributary to the Colorado River, (4)

Appropriation date: November 1, 1976, (5) Amount: 1.0 cfs, absolute; 2.0 cfs conditional, (5) Use: Snowmaking, (6) Previous diligence

determinations: Case Nos. 88CW108, 94CW203, 01CW031, 07CW152, and 12CW160. J. Name of Structure: Presnell Enlargement of

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the H.U. Robbins Reservoir, (1) Date of original decree: July 25, 1959, Case No.: Civil Action No. 8303, Court: Mesa County District

Court, (2) Location: The reservoir is located in the NE1/4 NW1/4 of Section 20, T. 11 S., R. 96 W. of the 6 th P.M. with the initial point

of survey being at the outlet point of the discharge pipe, whence the Northeast Corner of Section 7, said Township and Range bears N.

09°51ꞌ West 11,228 feet, Supplemental Legal Description: A point located in the NE1/4 NW1/4 of Section 20, T. 11 S., R. 96 W. of the

6th P.M., at a point 550 feet from the North Section line and 1,900 feet from the West Section line of said Section 20, (3) Source: Big

Beaver Creek, tributary to Mesa Creek, tributary to Plateau Creek, tributary to the Colorado River, (4) Appropriation date: May 18,

1953, (5) Amount: 50 acre-feet, conditional, (6) Use: Irrigation, fish culture, and recreation, (7) Previous diligence determinations: Case

Nos. 88CW130, 94CW242, 01CW031, 07CW152, and 12CW160. K. Name of Structure: Ski Pipeline, (1) Date of original decree: April

13, 1972, Case No.: Civil Action No. 13368, Court: Mesa County District Court, (2) Location: The point of diversion is located at a

point whence the Northeast Corner of Section 30, T. 11 S., R. 96 W. of the 6th P.M. bears North 28°04ꞌ East 1,609.4 feet. Supplemental

Legal Description: A point located in the SE1/4 NE1/4 of Section 30, T. 11 S., R. 96 W. of the 6th P.M., at a point 1,421 feet from the

North Section line and 755 feet from the East Section line of said Section 30, (3) Source: Middle Fork of Beaver Creek, tributary to

Mesa Creek, tributary to Plateau Creek, tributary to the Colorado River, (4) Appropriation date: June 15, 1966, (5) Amount: 0.5 cfs, of

which 0.375 cfs remains conditional, (6) Use: Domestic for service to the base area and adjacent buildings at the Powderhorn Ski Area

and the development of land adjacent thereto, (7) Previous diligence determinations: Case Nos. W-691, W-691-76, 80CW217,

88CW131, 94CW242, 01CW031, 07CW152, and 12CW160. L. Name of Structure: Bieser Pipeline, (1) Date of original decree: June

21, 1977, Case No.: W-2916, Court: Water Court, (2) Location: The point of diversion is located in Section 29, T. 11 S., R. 96 W. of

the 6th P.M., at a point whence the South ¼ Corner of said Section 20 bears North 47°35ꞌ30" West 1, 237.7 feet. Supplemental Legal

Description: A point located in the NE1/4 NW1/4 of Section 29, T. 11 S., R. 96 W. of the 6th P.M., at a point 910 feet from the North

Section line and 1,800 feet from the West Section line of said Section 29, (3) Source: An unnamed tributary of Big Beaver Creek,

tributary to Mesa Creek, tributary to Plateau Creek, tributary to the Colorado River, (4) Appropriation date: July 18, 1975, (5) Amount:

0.49 cfs, conditional, (5) Use: Domestic, irrigation, and fish propagation, (6) Previous Reasonable Diligence Determinations: Case Nos.

80CW423, 84CW374, 88CW386, 95CW48, 07CW152, and 12CW160, (7) Remarks: Powderhorn is the owner of an undivided one-half

interest in the Bieser Pipeline water right, and this application concerns only that one-half interest in the Bieser Pipeline water right

owned by Powderhorn. 4. Detailed outline of work done to complete the water rights and apply water to beneficial use: Powderhorn

operates an integrated water system, which is a single, unified water system in which work done on any component of the system

advances the whole. C.R.S. § 37-92-301(4)(b). Powderhorn incurred expenditures of over $600,000 during the diligence period to

operate, protect, maintain, upgrade, and expand its water rights and water facilities. Specifically: (a) Powderhorn entered into a Water

Lease with Grand Mesa Metropolitan District (“District”) by which Powderhorn leased the 0.125 cfs absolute portion of the Ski Pipeline

and 0.09 cfs absolute portion of the Middle Branch Pipeline water right as described above in paragraphs 3K and 3F and committed to

augment use of those rights under Powderhorn’s augmentation plan decreed in Case Nos. 85CW595 and 86CW015 for use as an interim

source of water supply while the District develops its water supply system to serve the Powderhorn resort area; (b) Powderhorn entered

into an agreement with the City of Grand Junction that provides snowmaking and domestic water to Powderhorn from Anderson

Reservoir No. 2, which is a decreed beneficial use of that structure pursuant to Case No. 14CW3090 in the District Court for Water

Division 4, Powderhorn has spent $274,000 in constructing pump and pipeline facilities to convey this water to Powderhorn’s facilities;

(c) Powderhorn retained the undersigned law firm to monitor, defend, and prosecute actions involving its water rights, including but not

limited to the following actions which incurred over $240,000 in legal costs: (1) Prosecution of Case No. 16CW3090, which involved

an application for a change of water rights acquired by Powderhorn for snowmaking and involved the development of the Presnell

Enlargment of the H.U. Robbins Reservoir; (2) Prosecution of Case No. 17CW3062, which involved an application to make water rights

absolute and for findings of reasonable diligence; (d) Powderhorn spent over $93,000 for services rendered by Resource Engineering,

Inc. related to the development of its conditional water rights, including but not limited to the following: (1) Study and develop concept

plans for how to deliver water from Anderson Reservoir No. 2 to Powderhorn for domestic and snowmaking purposes; (2) Support the

application and resulting trial in Case No. 16CW3090; (3) Support the application and resulting trial in Case No. 17CW3062; (4)

Completed a water sufficiency analysis and inventory for the United States Forest Service in order to comply with the Forest Service’s

terms and conditions for continued operation under Powderhorn’s special use permit; (e)The above recitation of activities is intended to

be general, and not all-inclusive. Powderhorn reserves the right to prove additional activities toward the development of the subject

conditional water rights and the placement of water diverted thereunder to beneficial use. All of the above activities are necessary

prerequisites to applying the subject conditional water rights to the beneficial uses for which they were decreed. 5. Ownership: The

structures for West Branch Pipeline, Middle Branch Pipeline and Presnell Enlargement of the H.U. Robbins Reservoir described in

paragraphs 3D, 3F and 3J are located on property owned by Powderhorn. The structure for the Confluence Pipeline described above in

paragraph 3E are located on property owned by Margaret E. Foster Family Partnership, LLLP, 301 E. Dakota St., Grand Junction, CO

81507. The structures for the Spruce Point Pipeline, Powderhorn Snowmaking Diversion, Ski Pipeline, and Bieser Pipeline described in

paragraphs 3G, 3I, 3K, and 3L are located on property owned by the U.S. Forest Service, Grand Mesa National Forest, 2777 Crossroads

Boulevard, Unit 1, Grand Junction, CO 81506. The Little Beaver Pipeline Nos. 1 and 3 as described in paragraphs 3A and 3C are

located on property owned by SDLMTN LLC, 14302 FNB Parkway, Omaha, NB 68154. The Little Beaver Pipelines No. 2 and the

Beaver Reservoir described in paragraphs 3B and 3H are located on property owned by Ski and Sea Properties LLC, PO Box 4588, Park

City, UT 84060. WHEREFORE, Powderhorn Ski Company, LLC seeks a finding that it has exercised reasonable diligence with respect

to the conditional water rights described herein and that such rights are continued in full force and effect, and such other and further

relief as this Court deems just and proper. (13 pages + Exhibit)

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20CW3106 MESA COUNTY, COLORADO RIVER. Name, address and telephone number of Applicant: Adobe Creek National,

LLC, a Colorado limited liability company, attention Joe Toke, General Manager, 876 18 1/2 Road, Fruita, Colorado 81521, (970) 858-

0521. Name of attorney, address and telephone number: Frederick G. Aldrich, Esq., Aldrich Law Firm, LLC, 601A 28¼ Road,

Grand Junction, Colorado 81506, (970) 245-7950. Name of structures: Adobe Creek Pump and Pipeline. Type of application:

Application for Finding of Reasonable Diligence. Location: The point of diversion is the NW¼ SE¼ of Section 28, T. 1 S., R. 2 W.,

U.M., 1,877 feet from the south Section line and 2,486 feet from the East section line of Section 28; UTM (NAD83 12 South) X =

697959.08, Y = 4333231.22. Type of Use: Irrigation of approximately 430 acres of turf, ornamental trees and shrubs and wetlands

mitigation in Adobe Creek National Golf Course. Appropriation Date: December 17, 2013. Type of Structure: Pipeline. Quantity:

4.0 c.f.s. conditional. Location: The point of diversion is in the NW¼ SE¼ of Section 28, T. 1 S., R. 2 W., U.M., 1,877 feet from the

south Section line and 2,486 feet from the East section line of Section 28; UTM (NAD83 12 South) X = 697959.08, Y = 4333231.22.

Additional information: Applicant seeks a finding of reasonable diligence in the development of the Adobe Creek Pump and Pipeline

through permitting and wetlands mitigation approved by the U.S. Army Corp of Engineers, construction of a diversion structure and

pipeline to pump water to a wet well where it is distributed through existing facilities in the golf course. Applicant has expended

substantial costs during the diligence period in engineering and environmental consulting fees and construction costs.











20CW3107 EAGLE, GARFIELD, PITKIN COUNTIES. Water impounded in Ruedi Reservoir, together with the direct flow of the

Fryingpan River, Coulter Creek, Cattle Creek, Sopris Creek and various named and unnamed tributaries of the Roaring Fork River, all

trib. to the Roaring Fork River, trib. to the Colorado River. Application for Finding of Reasonable Diligence and to Make Absolute,

in Part. Applicant: Basalt Water Conservancy District (“District”), c/o Balcomb and Green, P.C., P.O. Drawer 790, Glenwood Springs,

CO 81602; 970-945-6546. Summary: The District requests a finding of reasonable diligence in the development of the cond. water rights

decreed to the Basalt Conduit, Landis Canal, Spring Valley Siphon, Basalt Power Plant and Penstock, and Stockmen’s Ditch Extension

and Enlargement (the “Subject Water Rights”), which comprise the Basalt Project originally decreed in C.A. 4613. The District also

requests confirmation that it has made an additional portion of the Basalt Conduit absolute. A map showing the decreed locations of the

Subject Water Rights is depicted in Ex. A. In addition to the water right claims, the District requests confirmation that it is not required

to seek a finding of diligence for the Spring Valley Siphon or Basalt Power Plant and Penstock as these features of the Basalt Project

are means to convey water and are not independent diversions or priorities in the use of water. Introduction: The District is a water

conservancy district formed under C.R.S. § 37-45-101 et seq. in 1964 for the purpose of conserving, developing, and stabilizing water

supplies for dom., irr., manufacturing, and other beneficial uses within those parts of Eagle, Garfield, and Pitkin counties included within

its boundaries. The decrees that are the subject of this App. were obtained in furtherance of the District’s statutory directives. The

District has based its operating plans on various water rights decreed in connection with the Basalt Project water rights. The Basalt

Project, orig. decreed in C.A. 4613 consists of the Subject Water Rights and Ruedi Reservoir. The District holds contracts for storage

rights in Ruedi Reservoir and Green Mountain Reservoir as well as direct flow rights, like the Basalt Conduit, which it uses to secure

dependable water supplies for water users within the District’s boundaries. The District uses its direct flow rights and storage rights in

Ruedi Reservoir and Green Mountain Reservoir to provide year-round water right protection to its constituents. In most cases, those

contracting with the District obtain their physical water supply from groundwater wells or springs located in the Roaring Fork River and

Fryingpan River basins. The District’s Boards of Directors have maintained their intent to develop the Subject Water Rights as part of

the District’s operating plans. The rights involved in this App. have been before this Court for reasonable diligence determinations in

previous cases. The most recent decree confirming reasonable diligence in the development of the cond. water rights that are the subject

of this App. was entered in Case No. 11CW96 on 8/24/2014. Decreed Info. for All Subject Water Rights: C.A. 4613 entered in Garfield

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County District Court on 6/20/1958with an approp. date of 7/29/1957; Subsequent diligence decrees in Cases No. W-44 (5/12/1972),

W-789(76) (7/9/1979), 80CW94 (3/8/1982), 84CW70 (1/21/1987), 88CW85 (3/10/1989), 95CW252 (2/20/1997), 03CW41 (5/16/2005),

and 11CW96 (8/24/2014), all in Dist. Ct., Water Div. 5. The Subject Water Rights are decreed for generation of electric energy; irr.

purposes; dom. and mun. purposes; stockwatering purposes; pisc. purposes; and ind. purposes, including but not limited to the production

of oil from oil shale. Individual Decreed Info. For Subject Water Rights: Structure: Basalt Conduit. Legal Descrip.: The intake,

headgate, and pt. of diversion of the Basalt Conduit is located on the left side of the Frying Pan River at the head of the outlet tube for

the Ruedi Reservoir whence the SW corner of Sec. 7, T. 8 S., R. 84 W., 6th P.M. bears N. 79 deg. 00’ W. a distance of 2,017.1 ft. PLSS:

NE1/4 of the NW1/4 of Sec. 18, T. 8 S., R. 84 W., 6th P.M. at a pt. 329 ft. S. of the N. Sec. line and 1,984 ft. E. of the W. Sec. line.

Source: Water impounded in the Ruedi Reservoir, together with the direct flow of the Fryingpan River, trib. to the Roaring Fork River,

trib. to the Colorado River. Amt.: 450 c.f.s., of which 9.771 c.f.s. is absolute (as decreed in Case Nos. 88CW85 and 11CW96) and

440.229 c.f.s. remains cond. Structure: Landis Canal. Legal Descrip.: The initial headgate and pt. of diversion of the Landis Canal is

located at the terminus of the Basalt Conduit in the NW1/4 Sec. 7, T. 8 S., R. 86 W. In addition thereto, diversions will be made by

means of said Landis Canal, at pts. along its course at which the water of Coulter Creek and Cattle Creek and all named and unnamed

tributaries of the Roaring Fork River will be intercepted and diverted. PLSS: NE1/4 of the NW1/4 of Sec. 7, T. 8 S., R. 86 W., 6th P.M.

at a pt. 0 ft. S. of the N. Sec. line and 2,650 ft. E. of the W. Sec. line. Source: Water conveyed through and by means of the Basalt

Conduit; and the waters of Coulter Creek, Cattle Creek, and all named and unnamed tributaries of the Roaring Fork River between the

orig. pt. of diversion and the terminus of the Landis Canal. Amt.: 130 c.f.s., of which 52 c.f.s. is absolute (as decreed in Case Nos.

88CW85 and 81CW252) and 78 c.f.s. remains cond. Structure: Spring Valley Siphon. Legal Descrip.: The Spring Valley Siphon is

located toward the Northwesterly terminus of the Landis Canal. PLSS: NW1/4 of the NW1/4 of Sec. 29, T. 6 S., R. 88 W. of the 6th

P.M. at a pt. 0 ft. S. of the N. Sec. line and 1,000 ft. E. of the W. Sec. line. Source: Water transmitted to the Spring Valley Siphon by

means of the Landis Canal. Remarks: The Spring Valley Siphon serves only to convey water across Spring Valley to Spring Valley

bench. No diversion of water is accomplished by the Spring Valley Siphon. Structure: Stockmen’s Ditch Extension and Enlargement.

Legal Descrip.: The headgate and pt. of diversion is located on and forms a part of the penstock and power generating facilities of the

Basalt Power Plant, which, in turn, is located in the SW1/4 of Sec. 7, T. 8 S., R. 86 W. In addition thereto, diversions will be made, by

means of the Landis Canal, at pts. along its course at which the water of Sopris Creek and all named and unnamed tributaries of the

Roaring Fork River will be intercepted and diverted. PLSS: NE1/4 of the SW1/4 of Sec. 7, T. 8 S., R. 86 W., 6th P.M. at a pt. 2,260 ft.

N. of the S. Sec. line and 2,380 ft. E. of the W. Sec. line. Source: Water transmitted thereto through and by means of the Basalt Conduit,

and the waters of Sopris Creek and all named and unnamed tributaries of the Roaring Fork River between the orig. pt. of diversion of

the Stockmen’s Ditch Extension and Enlargement and its terminus. Amount: 30 c.f.s., cond. Structure: Basalt Power Plant and Penstock.

Legal Descrip.: No diversion is made by the Basalt Power Plant and Penstock independently of the Basalt Conduit. The Penstock is to

be located in the SW1/4 of Sec. 7, T. 8 S., R. 86 W., 6th P.M., at which pt. water transmitted by said Basalt Conduit will be discharged

into said penstock. Water so discharged immediately enters the Roaring Fork River. PLSS: NE1/4 of the SW1/4 of Sec. 7 T. 8 S., R.

86 W., 6th P.M. at a pt. 2,625 ft. N. of the S. Sec. line and 2,490 ft. E. of the W. Sec. line. Source: Water of the Fryingpan River, to the

extent of 400 c.f.s., together with water released from the Ruedi Reservoir. Amt.: N/A; no diversion is made independent of the Basalt

Conduit. Landowner Info. Pursuant to C.R.S. § 37-92-302(2)(b)(II): The diversion structures are or may be located and water is or may

be stored on land owned by the agencies, entities, and individuals identified in Ex. B. The water will be placed to beneficial use within

the District’s extensive boundaries. The specific owners of land upon which the water rights will be placed to beneficial use will be

determined at future dates as the projects are developed. The water rights may be put to beneficial use on lands owned by hundreds of

individuals and entities that contract with the District to use portions of the Subject Water Rights on their properties. Therefore, it is not

feasible to list at this time the names and addresses of the owners of land upon which water may be placed to beneficial use. Furthermore,

because the beneficial use of the Subject Water Rights on any property not owned or controlled by the District will occur at the request

of the owner of said property, all such owners will receive notice that satisfies the purpose of this statute. Integrated System: In Case

No. 03CW41, the Court confirmed the Subject Water Rights are features of an integrated system of water rights. See C.R.S. § 37 92-

301(4)(b). Claim for Finding of Diligence: During the diligence period from 8/24/2014 up through the filing of this App., the District

has diligently pursued development of the Subject Water Rights. Examples of work done to establish diligence are on file with this

Court. Claim to Confirm Absolute, in Part: In the previous decrees, this Court has confirmed 9.771 c.f.s. of the Basalt Conduit priority

has been made absolute. During the diligence period, the District placed an additional portion of the Basalt Conduit water right to

beneficial use through diversion by those currently operated structures served under the District contracts operating as alternate pts. of

diversion of the Basalt Conduit as described in the application. Therefore, the District seeks confirmation that a portion of the Basalt

Conduit has been made absolute as follows. Date Applied to Beneficial Use: 7/4/2019. On this date, the Basalt Conduit was in priority

and physically available at its orig. decreed pt. of diversion. See Ex. D. Amt: 8.721 c.f.s., in addition to the 9.771 c.f.s already confirmed

absolute. 8.721 c.f.s is the cumulative diversion rate at the structures identified in Ex. C; the diversion rate listed for each structure is

based on records maintained by the Colo. Div. Water Res. These records will be separately filed in this case. Uses: Dom. and mun. uses,

including household and irr. purposes, at properties owned by District constituents under those contracts identified in Ex. C. Place of

Beneficial Use: The Basalt Conduit has been placed to use within the District’s service area through the decreed alternate pts. of diversion

depicted in Ex. E. The legal descrip., well permit number, diversion amt. for each alternate pt. of diversion is listed in Ex. C. Claim

Seeking Confirmation of Water Right Status: The District requests confirmation that it is not required to seek a finding of diligence for

the Spring Valley Siphon or Basalt Power Plant and Penstock as these features of the Basalt Project are means to convey water from the

Landis Canal and Basalt Conduit, but are not appropriations with independent diversions or priorities in the use of water. See paragraphs

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6.5, 6.8, 8.3, 8.7 of App. and C.A. 4613. To qualify as an appropriation there must be a diversion of a definite quantity water. See e.g.,

Fort Lyon Canal Co. v. Amity Mut. Irr. Co., 688 P.2d 1110, 1113 (Colo. 1984). (11 pgs., 5 exs.)











20CW3108 SUMMIT COUNTY. BLUE RIVER. Application for Finding of Reasonable Diligence. Name, mailing address, and

telephone number of Applicant: Town of Silverthorne, c/o Town Manager, P.O. Box 1309, Silverthorne, Colorado 80498, c/o Peter J.

Ampe, Hill & Robbins, P.C., 1660 Lincoln St., Suite 2720, Denver, CO, 80264, (303) 296-8100. Name of Structures: Blue River

Whitewater Course. Describe conditional water right, as to each structure, giving the following from the Findings and Decree of the

Water Court: Date of Original Decree: October 7, 2007. Case No.: 2004CW217. Court: District Court, Water Division 5. Legal

Description: See attachment A for a general location map. Structure No. 1 will be located in the S1/2 of Section 12, T5S, R78W, 6 th

P.M. at a point 1050 feet from the south section line and 2380 feet from the east section line of said Section 12. Structure No. 2 will be

located in the S1/2 of Section 12, T5S, R78W, 6th P.M. at a point 1250 feet from the south section line and 2520 feet from the east

section line of said section 12. Structure No. 3 will be located in the S1/2 of Section 12, T5S, R78W, 6th P.M at a point 1470 feet from

the south section line and 2590 feet from the east section line of said Section 12. Source: Blue River, tributary to the Colorado River.

Appropriation Date: December 31, 2004. Amount:

Level One Flows, for passage of recreational watercraft, and beginner

kayaking

Month Flow (cfs)

May 100; Conditional

June 100; Conditional

July 100; Conditional

August 100; Conditional

September 100; Conditional

Level Two Flows, for use of water features created by the structures for

intermediate to expert kayaking, rafting, and related activities

Holiday Flow (cfs)

Memorial Day 600; Conditional

Independence Day

or Fourth of July

600; Conditional

Labor Day 600; Conditional

Use: The flows are claimed between the hours of 7:00 a.m. and 8:00 p.m. for both Level One and Level Two Flows. Level Two Flows

are claimed for up to four days per weekend, depending on the national holiday. Specifically, the water right for the Memorial Day and

Labor Day Level Two Flows will be in effect only on Friday, Saturday, Sunday, and Monday. The water right for the Fourth of July

Level Two Flows will be in effect as follows: 1) if the Fourth of July is on a Thursday, the water right will be in effect on Thursday,

Friday, Saturday and Sunday; 2) if the Fourth of July is on a Friday, Saturday, Sunday or Monday, then the water right will be in effect

on Friday, Saturday, Sunday and Monday; 3) if the Fourth of July is on a Tuesday, then the water right will be in effect on Saturday,

Sunday, Monday and Tuesday; and, 4) if the Fourth of July is on a Wednesday, then the water right will be in effect only on Wednesday.

The amounts decreed herein are for recreational in-channel diversion within each of the Course structures. The court finds that the

amounts claimed are the minimum amounts necessary to provide a reasonable recreational experience during each of the above time

periods. 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 conditional decreed, including expenditures: During the diligence period, among other actions, Applicant

requested and received a review of the hydrologic characteristics of the planned RICD to determine if any modifications need to be

made based on knowledge and experience gained on RICD construction during the diligence period, requested and received an

engineering summary letter and updated estimate of probable cost from a whitewater design engineer and Applicant also funded the

rebuilding of a foot bridge, and a traffic bridge over the Blue River to, in part, enhance the viewing experience of visitors to the RICD

course. Applicant also funded an aerial survey and a river bathymetry survey to, in part, provide the necessary detailed survey of the

RICD course and surrounding area to support the hydraulic modeling, planning, and construction of the RICD. Applicant updated the

2D hydraulic model for the RICD which resulted in a new conceptual design that includes considerations for recreation by river surfers

and stand-up paddleboards, both relatively newly popular whitewater recreational activities. The RICD is part of the Town of

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Silverthorne’s Parks, Open Space, and Trails (POST) Master Plan. The POST is a long-range planning document that serves to

documents the Town’s goals and expectations for the development and maintenance of recreational amenities. Applicant is currently in

the process of updating the POST through scheduled public meeting(s). Applicant’s total related expenditures during the diligence

period were in excess of $50,000.00, exclusive of combined expenses such as the aerial survey and a river bathymetry survey but

including actual payments and in-kind staff time. 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: Applicant owns or controls the land or right-of-way

on which all structures described in this application are located. Request for finding of reasonable diligence: Applicant hereby requests

the Court to enter a finding that Applicant is proceeding in a reasonably diligent manner and that the waters claimed by Applicant can

and will be diverted, or otherwise captured, possessed and controlled and will be beneficially used and the project can and will be

completed with diligence and within a reasonable time.











20CW3109 (04CW202). District Court, Water Division No. 5, State of Colorado, 109 Eighth Street, Suite 104, Glenwood Springs, CO

81601. Concerning the Application for Water Rights of the Wildcat Ranch Association and Snowmass Water and Sanitation District, a

Colorado Special District IN PITKIN AND EAGLE COUNTIES. APPLICATION TO MAKE CONDITIONAL WATER RIGHTS

ABSOLUTE OR FOR FINDINGS OF REASONABLE DILIGENCE. 1.Names and addresses of Co-Applicants: Wildcat Ranch

Association (“Wildcat”), c/o William R. Hegberg, P.O. Box 274, Snowmass, Colorado 81654. Snowmass Water and Sanitation District,

a Colorado special district (“SWSD”), c/o: Kit Hamby, District Manager, P.O. Box 5700, Snowmass Village, CO 81615, (970) 923-

2056. The parties will be collectively referred to as “Co-Applicants.” Direct all pleadings to: Counsel for Wildcat Kristin H. Moseley,

Esq., Gunnar J. Paulsen, Esq., Porzak Browning & Bushong LLP, 2120 13th Street, Boulder, Colorado 80302. Counsel for SWSD: Mark

E. Hamilton, Esq., Tarn Udall, Esq., Holland & Hart LLP, 600 East Main, Suite 104, Aspen, CO 81611. 2. Names of structures: Wildcat

Ranch Christensen Ditch Appropriative Right of Exchange (“Wildcat Exchange”), SWSD Christensen Ditch Appropriative Right of

Exchange (“SWSD Exchange”). 3. Prior decree information: Date of original decree: August 23, 2014, Case Number: 04CW202, Court:

District Court in and for Water Division No. 5. 4. Descriptions of conditional water rights: A. Wildcat Exchange: (1) Wildcat shall

exchange out-of-priority irrigation diversions of Wildcat’s contractual right to the delivery of up to 150 acre-feet per year from the

Christensen Ditch No. 1, (a) Downstream Terminus: the confluence of the Fryingpan and Roaring Fork Rivers located in the SW1/4 of

the SE1/4 of section 7, T8S, R86W, in the 6th P.M. at a point 1440 feet from the east section line, and 750 feet from the south section

line, (b) Upstream Termini: the decreed points of diversion of the Christensen Ditch No. 1 described in the final decree in 04CW202,

including the following: Original Point of Diversion: On the East Bank of Snowmass Creek whence the North quarter corner of Section

9, Township 10 South, Range 86 West of the 6th P.M. bears North 42 degrees 11’ East 8,430.1 feet. Alternate Point of Diversion: at a

point on the right bank of Snowmass Creek from whence the Northwest Corner of Section 3, Township 10 South, Range 86 West, of

the 6th P.M. bears N. 45 degrees 30 minutes E. 6000 feet. Additional Alternate Point of Diversion: the Wildcat Ranch Diversion, at or

within 500 feet of a point on the East Bank of Snowmass Creek whence the Northeast corner of Section 3, Township 10 South, Range

86 West of the 6th P.M. bears South 34 degrees 08' East 4225 feet. Additional Alternate Point of Diversion: the Snowmass Creek

Pipeline, at a point on the East Bank of Snowmass Creek whence the Southeast corner of Section 3, Township 10 South, Range 86 West

in the 6th P.M. bears South 57 degrees 34' East 3417 feet. See attached Figure 1, (c) Exchange Amount: 150 acre-feet, annually,

conditional, (d) Rate of Exchange: the maximum rate of exchange is 4.0 cfs. Cumulatively, Wildcat and SWSD may not simultaneously

exceed an exchange rate of 6.0 cfs; provided, however, for purposes of administration of the exchange, the rate of exchange shall be no

greater than the actual cumulative rate of diversion at any point of time, ( e) Appropriation Dates: (i) December 17, 2004 (for the first

100 acre-feet of the Wildcat Exchange), (ii) May 29, 2009 (for the last 50 acre-feet of the Wildcat Exchange), (f) Remarks: Pursuant to

the final decree in Case No. W-101, 6.0 c.f.s. of the Christensen Ditch No. 1 water right owned by SWSD subject to a 450 c.f.s. annual

consumptive use limit. Of this amount, SWSD has contracted to deliver to Wildcat up to 150 acre-feet per year for irrigation purposes.

The Wildcat Exchange was decreed in 04CW202 in connection with a plan for augmentation approved for Wildcat that provides for

Wildcat to be able to continue to divert its interests in the Christensen Ditch No. 1 water rights by exchange upon condition that

replacement water is provided by Wildcat to the Roaring Fork River system by releasing water stored in Ruedi Reservoir pursuant to

contract with the U.S. Bureau of Reclamation. Wildcat entered into Contract No. 009D6C0061 with the U.S. Bureau of Reclamation

on July 3, 2000, which entitles Wildcat to the release of 100 acre-feet annually from Ruedi Reservoir. Wildcat also entered into Contract

No. 139D6C0113 with the U.S. Bureau of Reclamation on August 29, 2013, which entitles Wildcat to the release 50 acre-feet annually

from Ruedi Reservoir. B. SWSD Exchange: (1) SWSD shall augment by exchange out-of-priority diversions of SWSD’s water rights

in the Christensen Ditch No. 1 as described in the final decree in 04CW202. (a) Downstream terminus: the confluence of the Colorado

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WATER DIVISION 5

PAGE 33

and Roaring Fork Rivers located in the SE1/4 of the NW1/4 of Section 9, T6S, R89W, in the 6th P.M. at a point 2940 feet from the east

section line, and 3150 feet from the south section line, (b) Upstream termini: the decreed points of diversion of the Christensen Ditch

No. 1 described in the final decree in 04CW202, including the following: Original Point of Diversion: On the East Bank of Snowmass

Creek whence the North quarter corner of Section 9, Township 10 South, Range 86 West of the 6th P.M. bears North 42 degrees 11’

East 8,430.1 feet. Alternate Point of Diversion: at a point on the right bank of Snowmass Creek from whence the Northwest Corner of

Section 3, Township 10 South, Range 86 West, of the 6th P.M. bears N. 45 degrees 30 minutes E. 6000 feet. Additional Alternate Point

of Diversion: the Wildcat Ranch Diversion, at or within 500 feet of a point on the East Bank of Snowmass Creek whence the Northeast

corner of Section 3, Township 10 South, Range 86 West of the 6th P.M. bears South 34 degrees 08' East 4225 feet. Additional Alternate

Point of Diversion: the Snowmass Creek Pipeline, at a point on the East Bank of Snowmass Creek whence the Southeast corner of

Section 3, Township 10 South, Range 86 West in the 6th P.M. bears South 57 degrees 34' East 3417 feet. See attached Figure 1. (c)

Exchange Amount: 100 acre-feet, annually, conditional. (d) Rate of Exchange: The maximum rate of exchange is 4.0 cfs. Cumulatively,

Wildcat and SWSD may not simultaneously exceed an exchange rate of 6.0 cfs; provided, however, for purposes of administration of

the exchange, the rate of exchange shall be no greater than the actual cumulative rate of diversion at any point of time, ( e) Appropriation

date: June 17, 2009. (f) Remarks: Pursuant to the final decree in Case No. W-101, 6.0 c.f.s. of the Christensen Ditch No. 1 water right

owned by SWSD is decreed for municipal, recreation, irrigation and industrial uses, subject to a 450 c.f.s. annual consumptive use limit.

Of this amount, SWSD has a contract to deliver to Wildcat up to 150 acre-feet per year for irrigation purposes. The SWSD Exchange

was decreed in 04CW202 in connection with a plan for augmentation approved for SWSD that provides for SWSD to be able to continue

to divert its interests in the Christensen Ditch No. 1 water rights by exchange upon condition that replacement water is provided by

SWSD to the Roaring Fork River system by releasing water stored in Ruedi Reservoir pursuant to contract with the Colorado River

Water Conservation District or the U.S. Bureau of Reclamation. The conditional exchanges described herein pertain to only 250 acre-

feet (consisting of 150 a.f/year for Wildcat, and 100 a.f./year for SWSD) of the 450 acre-feet of Christensen Ditch water changed in W-

101. 4. Outline of Activities and Expenditures During the Diligence Period: A. Wildcat: In support of findings of reasonable diligence,

Wildcat provides the following additional information as to activities and expenditures during the diligence period: (1) The subject water

right is decreed as part of the integrated water supply system for the Wildcat Ranch, a 6000 acre development located in Pitkin County,

Colorado, (2) During the current diligence period, Applicants have expended in excess of $1,000,000.00 in connection with the

development of the domestic and irrigation water system for Wildcat Ranch. These expenditures included the cost of constructing,

operating and maintaining water diversion and delivery systems, and the securing of supplemental storage rights to augment the use of

the subject water right and the other water rights that are part of the integrated water supply for the Wildcat Ranch, (3) Wildcat has also

expended in excess of $50,000 in legal and engineering fees during the diligence period in order to prosecute water right applications,

monitor Snowmass Creek water rights applications in order to protect their water rights, and negotiate with private property owners

regarding access easements for construction of structures. This outline is not intended to be inclusive of all activities and expenditures

by Wildcat during the diligence period and Wildcat reserves the right to present additional evidence of the same. B. SWSD: In support

of findings of reasonable diligence, SWSD provides the following additional information as to activities and expenditures during the

diligence period: (1) SWSD’s interests in the Christensen Ditch No. 1 water rights and the SWSD Exchange are part of an integrated

municipal water and wastewater treatment systems owned and operated by SWSD to serve the Town of Snowmass Village, the

Snowmass Ski Area, and other portions of SWSD’s service area. Therefore, activity or expenditures by SWSD on any portion of these

integrated systems is evidence of diligence as to the SWSD Exchange, (2) SWSD has continued to make payments toward its repayment

contract with the U.S. Bureau of Reclamation for 500 acre-feet of water storage in Ruedi Reservoir, Contract No. 139D6C0109 dated

August 29, 2013 (the “SWSD Ruedi Contract”), (3) SWSD has re-developed and enlarged Ziegler Reservoir, which presently serves as

raw water storage, emergency back-up, and additional snowmaking supply to the SWSD’s unified water system. SWSD’s costs to re-

develop and enlarge Ziegler Reservoir were approximately $6.8M, (4) SWSD has also engaged in additional planning, design and

construction work related to raw water supply, water treatment, water distribution and wastewater treatment systems and facilities for

the District, and has engaged in the legal defense and protection of its water rights. Work performed and expenditures incurred have

included the following: i. Maintenance of East Snowmass Brush Creek Pipeline, Snowmass Creek Pump Station, and Ziegler Reservoir;

ii. Retention of AECOM engineers to update water rights accounting for District water system; iii. Maintenance and operation of the

Snowmass Creek streamflow monitoring system required by the decree in 92CW307 and compliance with associated monitoring

requirements; iv. Protest and monitoring of water rights applications that could adversely affect the District’s water rights; and v.

Expenditure of approximately an additional $32 million during the last six years with regard to additional capital investments, and legal

and engineering expenses, regarding the District’s water and wastewater treatment systems, including the upcoming completion of a

new wastewater treatment plan in the fall of 2020. This outline is not intended to be inclusive of all activities and expenditures by the

District during the diligence period and the District reserves the right to present additional evidence of the same. 5. Claims to Make

Conditional Water Rights Absolute: A. By Co-Applicant Wildcat: By this Application, Wildcat seeks to make the entire 150 acre-feet

of its conditional appropriative right of exchange decreed in Case No. 04CW202 absolute for irrigation purposes. Wildcat notified the

Division of Water Resources of its intent to operate the exchange on June 19, 2018. Water was thereafter released from Ruedi Reservoir

by the U.S. Bureau of Reclamation in accordance with the plan for augmentation described in 04CW202. The exchange operated on

August 1, 2018, during which time the Cameo call was in effect, at a flow rate of 3.0 cfs as demonstrated by the flow meter photograph

attached as Exhibit A. The exchanged water was put to beneficial use for irrigation of Wildcat Ranch’s property depicted on the attached

Exhibit B. Wildcat submitted accounting records to the Division of Water Resources reflecting operation of the exchange. The diversion

records are attached as Exhibit C. Wildcat claims the appropriative right of exchange in the amount 150 acre-feet described in paragraph

4 above as absolute for irrigation purposes. In addition to the foregoing claim to make the appropriative right of exchange decreed in

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PAGE 34

Case No. 04CW202 absolute in its entirety, Wildcat alternatively seeks a finding of reasonable diligence regarding any portion of the

appropriative right of exchange not made absolute in this case by virtue of usage of the Christensen Ditch and operation of the exchange

during the requisite diligence period. B. By Co-Applicant SWSD: By this Application, SWSD seeks to make the entire 100 acre-feet

of the SWSD Exchange described above fully absolute and unconditional at a rate of up to 4.0 c.f.s. for all decreed purposes. SWSD

notified the Division of Water Resources of its intent to operate the SWSD Exchange on July 30, 2020 via email from SWSD’s water

engineers. Water was thereafter released from Ruedi Reservoir by the U.S. Bureau of Reclamation pursuant to the SWSD Ruedi Contract

in accordance with the plan for augmentation described in 04CW202, and SWSD continued to divert its water rights in the Christensen

Ditch No. 1 at at an exchange rate of up to 4.0 c.f.s. for all decreed purposes, including municipal, recreation, irrigation and industrial

uses, from approximately July 31, 2020 to August 3, 2020, during which period the Cameo call was in effect. Therefore, SWSD requests

the court to find and determine that the SWSD Exchange has been made fully absolute and unconditional. In the alternative, and if for

any reason the court should determine that the SWSD Exchange has not been made fully absolute, SWSD requests findings of reasonable

diligence regarding any portion of the SWSD exchange not made fully absolute in this case by virtue of SWSD’s diversion and use of

water from the Christensen Ditch No. 1 water right in the summer of 2020. WHEREFORE, Co-Applicants respectfully request that this

Court find and determine that (a) the Wildcat Exchange and the SWSD Exchange described above have both been made fully absolute

and unconditional in their entirety for all decreed amounts and uses; and/or (b) in the alternative, findings that Wildcat and SWSD have

both exercised reasonable diligence with respect to any portions of the Wildcat Exchange or the SWSD Exchange not made absolute

herein; and (c) such and further other relief as may be appropriate and consistent with this pleading. (11 pages + Exhibits)






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