division 5 water court-july 2008 resume · division 5 water court-july 2008 resume . 1. pursuant to...

DIVISION 5 WATER COURT-JULY 2008 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 JULY 2008. 08CW84 ROUTT COUNTY-SKINNER CREEK TRIBUTARY TO TOPONAS CREEK, TRIBUTARY TO EGERIA CREEK, TRIBUTARY TO ROCK CREEK, TRIBUTARY TO THE COLORADO RIVER. Charles F. Perry; Box 213; Toponas, CO 80479; (970)638-4581. Perry Spring #1 & Perry Spring #2-Application for Water Rights (Surface). Perry Spring #1- NE¼SE¼ of Sec. 11, T.1N, R.84W. of the 6th P.M., 2,174.6 ft. from the South sec. line and 1,228.9 ft. from the East sec. line. Appropriation: Oct. 1979. Amount: 0.1 cfs, absolute. Use: domestic and livestock. Perry Spring #2- NE¼SW¼ of Sec. 12, T.1N, R.84W. of the 6th P.M., 2,240.1 ft. from the South sec. line and 2,636.3 ft. from the West sec. line. Appropriation: July 1953. Amount: 0.2 cfs, absolute. Use: domestic and livestock. Names and addresses of owners of land upon which structures are located: Applicant and William K. Perry; 1956 26th Ave., Greeley, CO 80634. (7 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of SEPTEMBER 2008 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 2. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF JULY 2008. 08CW85 EAGLE COUNTY-TAYLOR CREEK TRIBUTARY TO THE FRYING PAN RIVER, TRIBUTARY TO THE ROARING FORK, TRIBUTARY TO THE COLORADO RIVER. Christine Grandy; P.O. Box 619;Basalt, CO 81621 (970)927-8462. O’Brien Grandy Enlargement-Application for Water Rights (Surface). Location: SE¼NE¼ of Sec. 1, T.8S, R.86W. of the 6th P.M. 3,150 ft. from the South sec. line and 1,850 ft. from the East sec. line. Appropriation: April 28, 2006 Amount: 0.4 cfs, absolute. Use: irrigation. Name and address of owner of land upon which structure is located: White River National Forest c/o James Kirschvink; Aspen Ranger Station; 806 W. Hallam; Aspen, CO 81611. (7 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of SEPTEMBER 2008 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 3. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF JULY 2008. 08CW86 PITKIN COUNTY. Roaring Fork River. Richard L. & Theresa M. Beauchamp Trust, c/o Paul L. Noto, Esq. and William M. Stenzel, Esq., Patrick, Miller & Kropf, P.C., 730 East Durant, Suite 200, Aspen, CO, 81611, (970) 920-1028. AMENDED APPLICATION FOR SURFACE WATER RIGHT AND FOR APPROVAL OF PLAN FOR AUGMENTATION INCLUDING EXCHANGE. First Claim: Surface Water Right. Name of structure: Beauchamp Pump & Ditch. Legal description: located at a point in the SW1/4, SW1/4 of Section 28, Township 10 South, Range 84 West, 6th P.M., 1,187 feet north of the south section line and 1,203 feet east of the west section line, in Pitkin County. Source: Roaring Fork River. Date of appropriation: May 23, 2008. How appropriation was initiated: By field inspection, completion of landscape plan, and intent to appropriate water rights. Amount claimed: 0.22 cfs (100 gpm), conditional. Uses: Aesthetic and irrigation. Number of acres proposed to be irrigated: Approximately 26,136 square feet (0.60 acre). Legal description of acreage: Located within the real property described on Exhibit A, on file with the Court, and located generally in the SW1/4, SW1/4 of Section 28, Township 10 South of Range 84 West, 6th P.M. The location of the irrigated area is set forth on the maps on file with the Court as Figures 1 and 2. If non-irrigation, describe purpose fully: To fill and refill a total of 0.014 acre (600 square feet) of open ditch and water features. The location of the open ditch and water features is set forth in the map on file with the Court as Figure 2. The name and address of the owner upon which any structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Applicant; the name and address of the owner of land upon which the place of use of the water is or will be is: Applicant. The Beauchamp Pump & Ditch is a component part of an integrated water supply plan for Applicant’s property. Second Claim: Approval of Plan for Augmentation Including Exchange. Name of structure to be augmented: Beauchamp Pump & Ditch. Name of water rights to be used for augmentation: Basalt Water Conservancy District Allotment Contract. Information from previous decree for Green Mountain Reservoir. Source: Blue River, tributary of Colorado River. Legal description: located approximately 16 miles Southeast of the Town of Kremmling in Summit County, Colorado, and more particularly in all or parts of Sections 11, 12, 13, 14, 15, and 24 of Township 2 South, Range 80 West, and in Sections 17, 18, 19, 20, 21, 28, 29, and 34, Township 2 South, Range 79 West of the 6th P.M. Adjudication Date: October 12, 1955. Appropriation Date: August 1, 1935. Case No.: 2782, 5016, and 5017. Court: United

JULY 2008 RESUME WATER DIVISION 5

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States District Court, District of Colorado. Decreed Amount: 154,645 acre feet. Decreed Uses: in accordance with paragraph 5(a), (b), and (c) of the section entitled "Manner of Operation of Project Facilities and Auxiliary Facilities" in Senate Document 80. Information from previous decree for Ruedi Reservoir: Source: Frying Pan River, tributary of Colorado River. Legal description: an on-channel reservoir located in Sections 7, 8, 9, 11, and 14 through18, Township 8 South, Range 84 West of the 6th P.M. The reservoir is located in portions of Eagle and Pitkin Counties. Adjudication Date: June 20, 1958. Appropriation Date: July 29, 1957. Case No.: C.A. 4613. Court: Garfield County District Court. Decreed Amount: 102,369 acre feet (Originally decreed for 140,697.3 acre feet; reduced to 102,369 acre feet in Case No. W-789-76). Decreed Uses: generation of electric energy, domestic, municipal, industrial, irrigation and stock watering. By decree of the Water Court in Case No. 81CW34, Ruedi Reservoir was decreed a refill right in the amount of 101,280 acre feet, conditional. In Water Court Case No. 95CW95, 44,509 acre feet was made absolute. Information from previous decrees for Troy Ditch and Edith Ditch rights:

STRUCTURE

PRIORI

TY

COURT

CASE

NO.

ADJ

DATE

APP

DATE DECRE

ED AMOU

NT (CFS)

USE

(4)

AMOUNT SOLD, TRANSFERRED OR RESERVED

AMOUNT REMAININ

G (10)

(5) (6) (7) (8)

(9) CFS AF

Troy Ditch (1)

370

3082

08/25/19

36

05/01/19

06 5.10 I 0.000 0.000 0.09

5

0.06

4

0.035 4.906 N/

A Troy Ditch 1st Enlg

427

3082

08/25/19

36

05/01/19

28 10.80 I 0.000 0.000 0.20

0

0.13

4

0.073 10.39

3 N/A

Troy Ditch 2nd Enlg

669

4613

06/20/19

58

06/01/19

42 6.20 I 0.000 0.000 0.11

5

0.07

7

0.042 5.966 N/

A

Edith Ditch

353

3082

08/25/19

36

05/01/19

04 2.72 I 0.110 0.132

0 0.05

0

0.00

0

0.018 2.410 N/

A Edith Ditch 1st Enlg

673

4613

06/20/19

58

07/01/19

46 3.23 I 0.000 0.000 0.06

0

0.00

0

0.022 3.148 N/

A

Troy Ditch Water System aka Lower Headgate

(2) W-

2281

15.50(3) I,D,

M C,P

0.110 0.1320

0.520

0.27

5

0.190 14.27

3 412.89

(1) Originally diverted from Miller Creek. All others originally diverted from Frying Pan River. (2) Alternate point for all priorities of Troy and Edith Ditches. (3) Combined amount limited to 15.5 cfs and 453 AF of consumptive use, 300 AF of which can be stored. (4) I = Irrigation, D = Domestic, M = Municipal, C = Industrial and P = Piscatorial. (5) Transferred to Edith Ditch Well in Case No. 80CW1 with 1.0 AF. (6) Transferred to three springs on Cap K Ranch in Case No. 82CW189 (1.29 AF assumed to be included). (7) Deeded to George Yates with 15.4 AF in 1983. 0.2 cfs and 10.60 cfs was included in Case No. 82CW357 for Ruedi South

Shores augmentation plan. (8) Deeded to Joan Wheeler in 1987 for diversion at the Troy Ditch 1st and 2nd Enlargement (16.9 AF assumed to be included). (9) Reserved for augmentation of Cap K Ponds with 5.52 AF. Case No. 91CW220. (10) A total of 40.11 AF of the original 453.00 AF has been sold or transferred. In Case No. W-2281, Division 5, the Court decreed that 453 acre feet of annual consumptive-use credits were available to these ditches, and that 300 acre feet could be stored in an unnamed reservoir. The Basalt Water Conservancy District owns 412.89 acre feet of the 453 acre feet, and makes the water rights available to contract allottees for use pursuant to an approved substitute supply plan or


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decree of Court. 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. Information from previous decrees for Robinson Ditch rights:

STRUCTURE

DECREED AMOUNT/ cfs

AMOUNT

OWNED BY BWCD (cfs)(1)

ADJ. DATE

APP. DATE

PRIORITY

CASE NO. (2)

ROBINSON DITCH

5.00

1.21 05/11/1889 06/15/1882 38

132

ROBINSON DITCH

2.50

0.60 05/11/1889 04/15/1886 140

132

ROBINSON DITCH

2.00

0.48 05/11/1889 11/15/1886 167

132

ROBINSON DITCH

10.70

2.59 12/29/1903 04/25/1899 212C

1061

ROBINSON DITCH

20.06

4.85 08/25/1936 04/25/1900 326

3082

(1) The BWCD owns 441 shares of Class 1 stock issued by the Robinson Ditch Company. The said 441 shares equal 24.16% of the total shares and are associated with 9.73 cfs of the 40.26 cfs decreed to the Robinson Ditch.

(2) District Court in and for Garfield County Legal Description of Point of Diversion: The point of diversion as decreed is located on the North bank of the Roaring Fork River one-half mile below the mouth of Sopris Creek in Section 11, T. 8 S., R. 87 West, 6th P.M. Historic Use: Irrigation of approximately 137.2 acres of hay and pasture under BWCD’s interest in the Robinson Ditch water rights. In Case No. 93CW319, the Court decreed that 360 acre feet of annual consumptive-use credits are associated with said irrigation. In that case, the Court also decreed a change of use of BWCD’s Robinson Ditch rights to include augmentation. BWCD makes the credits available to contract allottees for use pursuant to an approved substitute supply plan or decree of Court. Information from previous decrees for Favre Domestic Pipeline: STRUCTURE

AMOUNT1

ADJ. DATE

APP. DATE

PRIORITY

CASE NO.2

FAVRE DOM. PL. SP. NO. 1

0.50

06/20/1958 08/11/1937 649

4613

FAVRE DOM. PL. SP. NO. 2

0.50

06/20/1958 04/15/1912 666

4613

(1) Amount: Each spring is decreed for 0.50 cfs, but the use of both has a combined limit of 0.50 cfs. (2) District Court in and for Garfield County Legal Description: Favre Domestic Pipeline - Spring No. 1: Located at a point whence the E¼ corner, Section 34, Township 7 South, Range 87 West, 6th P.M. bears South 34°26' East, 890.9 feet. Favre Domestic Pipeline - Spring No. 2: Located at a point whence the E¼ corner, Section 34, Township 7 South, Range 87 West, 6th P.M. bears South 37°24' East 721.4 feet. Source: Blue Creek, which is tributary to Roaring Fork River. Decreed Use: Domestic and augmentation. Historic Use: BWCD owns the Favre Domestic Pipeline right. The Springs historically provided a majority of the domestic water supply for El Jebel, a community of 364 EQRs, consisting of 291 single family residential units (mostly mobile homes), irrigation of 12.5 acres of lawn and landscape, and commercial development. In Case No. 93CW319, the Court decreed that 142.82 acre feet of historic consumptive-use credits were available to Blue Creek as a result of such historic use; and that 67.2 acre feet of historic consumptive-use credits were available to the Roaring Fork River as a result of such historic use. In 93CW319, the Court also decreed a change of use of said credits to include augmentation. BWCD makes the credits available to contract allottees for use pursuant to an approved substitute supply plan or decree of Court. Statement of plan for augmentation pursuant to C.R.S. §§ 37-92-103(9), 302(1), 302((2), and 305(8). Water will be diverted at the intake of the Beauchamp Pump & Ditch, in an amount of up to 0.22 cfs (100 gpm), for the above-described purposes. The total water depletions from irrigation and water feature evaporation are estimated to be 1.12 acre-feet per year. Irrigation of


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26,136 square feet (0.6 acre) of lawn and landscaping on Applicant’s property will be augmented hereunder. Delivery requirements for lawn irrigation are computed on the basis of 2.25 acre-feet per acre, or 1.349 acre-feet. Eighty percent of all applied irrigation water is assumed to be consumptively used. Thus, annual consumptive use for irrigation will be 1.08 acre-feet. The depletion rate for lawn and landscape irrigation is based on the Blaney-Criddle Method, as modified by the Soil Conservation Service’s Technical Release 21. A description of the monthly delivery and consumptive use demands of irrigation use is on file with the Court as Tables 1 and 2. Evaporation associated with 0.014 acre (600 square feet) of water features on the property will also be augmented hereunder. Net evaporation is computed on the basis of 2.96 acre-feet per surface acre annually, or 0.041 acre-feet per year. A description of the monthly delivery and evaporation demands of these water features is on file with the Court as Table 3. Monthly distribution and calculation of gross annual water feature evaporation is in accordance with the Office of the State Engineer’s Policy 2004-3, and does not take credit for effective precipitation. Operation of plan: When a valid senior call is in effect originating from a water right located below the confluence of the Roaring Fork and Frying Pan Rivers, water will be released under Applicant’s Basalt Water Conservancy District water allotment contract to replace all out-of-priority depletions. The augmentation schedule which breaks down such releases by month is on file with the Court as Table 4. When a valid senior call is in effect originating from a water right located upstream of the confluence of the Roaring Fork and Frying Pan Rivers, Applicant will curtail all diversions of the Beauchamp Pump & Ditch water right. At such times, Applicant will allow the level of water in the water features to drop commensurate with evaporation and will cease all irrigation use under the Beachamp Pump and Ditch. Name and address of the owner or reputed owner of the land in which any new diversion or storage structure is or will be constructed, or upon which water is or will be stored: Applicant. Claim for Appropriative Right of Exchange: Applicant claims an appropriative right of exchange in the amount of 0.005 c.f.s. with a date of appropriation of May 23, 2008. When the exchange claimed is of water released from Ruedi Reservoir and/or the Troy and Edith Ditch, the affected stream reach will be from the confluence of the Frying Pan and Roaring Fork Rivers (downstream terminus) up to the point of diversion for the Beauchamp Pump and Ditch (upstream terminus). When the exchange claimed is of water released from the Robinson Ditch, the affected reach will be from the point of diversion for the Robinson Ditch on the Roaring Fork River (downstream terminus) up to the point of diversion for the Beauchamp Pump and Ditch (upstream terminus). When the exchange claimed is of water released from the Favre Domestic Pipeline, the affected reach will be from the confluence of Blue Creek and the Roaring Fork River (downstream terminus) up to the point of diversion for the Beauchamp Pump and Ditch (upstream terminus). When the exchange claimed is of water released from Green Mountain Reservoir, the affected stream reach will be from the confluence of the Roaring Fork and Colorado Rivers (downstream terminus) up to the point of diversion for the Beauchamp Pump and Ditch (upstream terminus). Applicant will operate the exchange applied for herein when the same is in priority. Pursuant to C.R.C.P. Rule 15(a), Applicant amended this application before a responsive pleading was filed to include a complete list of the Basalt Water Conservancy District’s water rights, which may be used for augmentation. (15 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of SEPTEMBER 2008 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 4. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF JULY 2008. 08CW87 CONCERNING THE APPLICATION FOR WATER RIGHTS OF: LORI METCALF and CARL M. METCALF, II, IN GARFIELD COUNTY. APPLICATION FOR SURFACE WATER RIGHTS AND FOR APPROVAL OF AUGMENTATION PLAN. 1.Name, address, telephone number of Applicants: Lori Metcalf, 190 Silverton Court, Parachute, CO 81635, 970-216-5404 and Carl M. Metcalf, II, 100 Van Horn Lane, Parachute, CO 81635, 970-285-164 3, c/o Stuver, LeMoine & Clifton, P.C., P. O. Box 907, Rifle, CO 81650, 970- 625-1887. CLAIM NO. 1- CLAIM FOR UNDERGROUND WATER RIGHTS. 2.Name of structure: Metcalf Pond. Well permit: Applicants have applied for a well permit concurrently with this Application. 3.Points of Diversion: The center of the Metcalf Pond is located in the SENW of Section 24, Township 7 South, Range 96 West the 6th P.M in Garfield County, Colorado at a point 3200 feet from the South line of said Section and 3400 feet from the East line of said Section. A map and an ariel photograph of the Metcalf Pond are attached to the Application as Exhibits 1 and 2, respectively.4.Source: surface runoff tributary to the Colorado River and underground water that is hydraulically connected to the Colorado River. Maximum depth: Approximately 12 feet. Surface: Approximately 8.43 acres.5.A. Date of appropriation: January 20, 1992.How appropriation was initiated: construction of pond. 6.Amount claimed: 23.8 AF/ year, conditional, for annual net evaporation. The pond is within 100 feet of the Colorado River. Therefore, there are no delayed impact considerations. 7.Use: Aesthetic, piscatorial, and recreation.8. Name and address of owners of lands on which water is or will be placed to beneficial use: Applicants. The pond is situate on two parcels, one owned by Applicant Lori Metcalf and the other owned by Applicant Carl M. Metcalf, II. 9. Name and address of owners of the land upon which any new diversion or storage structure, is or will be constructed or upon which water is or will be stored: Applicants.10.Background: The Metcalf Pond was formerly known as the Battlement Mesa Pond and conditionally


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decreed in Case No. 97CW266, Concerning the Water Application of Battlement Mesa Development, Inc. A well permit for Battlement Mesa Pond was issued on October 22, 1998 as Permit No. 050776-F. Certain documents were not submitted as required and the permit was never finalized. An augmentation contract was issued by West Divide Water Conservation District [Contract No. 980109BMD(d)] for 25.236 AF and is currently assigned to Applicants. The conditional water right was abandoned by Order of Abandonment on September 3, 2004. Applicant Lori Metcalf, received one parcel of property on which the pond is located on November 7, 2006. Applicant Carl M. Metcalf, II, purchased the other parcel on November 29, 2007. Due to numerous intervening owners between the original applicant, Battlement Mesa Development, Inc., and Applicants and a lack of certain other documentation, Applicants have elected to proceed with a new water right rather than to attempt to obtain relief from the Order of Abandonment. CLAIM NO. 2- CLAIM FOR APPROVAL OF PLAN FOR AUGMENTATION. 11. Name of structure to be augmented: Metcalf Pond12.Other water rights diverted from these structures: None.13.Description of water rights to be used for augmentation: I. Ruedi Reservoir a.. Legal description of place of storage: Ruedi Reservoir is located in the Sections 7, 8, 9, 11 and 14 through 19, Township 8 South, Range 84 West of the 6th P.M. in Eagle and Pitkin Counties. The dam axis intersects the right abutment at a point whence the SW corner of Section 7, Township 8 South, Range 84 West of the 6th P.M. bears N. 82° 10' West a distance of 1285 feet. b. Source: Frying Pan River. c. Previous storage decrees: (i)Civil Action No. 4613.Decree Date: June 20, 1958. Court: Garfield County District Court. Amount: 140,697.3 AF, reduced to 102,369 AF pursuant to order of the District Court, Water Div No. 5 in Case No. W 789-76. Appropriation Date: July 29, 1957. Use: domestic, municipal, irrigation, industrial, generation of electrical energy, stock watering and piscatorial.(ii)Case No. 81CW34.Decree Date: April 8, 1985.Court: District Court, Water Div. No. 5.Amount: 101,280 AF (refill)Appropriation Date: January 22, 1981.Use: Irrigation, domestic, municipal, generation of electrical energy, stock watering, industrial, piscatorial, recreation and maintenance of sufficient storage reserved to fulfill contractual obligations an provide stored water for recreation in times of drought. 14.Statement of plan for augmentation: Applicant’s engineer had determined that the annual net evaporation from the pond totals 23.8 AF. See Exhibit 3 attached to the Application. A review of the call records for this section of the Colorado River indicates that there is call on this section during varying times of the year as shown in Exhibit 3 of the Application. The percentage of each month that is under call based upon State Engineer records from 1987 through 2007 is summarized in Exhibit 3, and indicates an annual out-of-priority depletion of 13.3 AF. Assuming a transit loss of 5 %, the Metcalf Pond has a total annual augmentation requirement of 13.AF. Applicants recognizes that such transit losses may be modified in the future pursuant to C.R.S.§ 37-80-10(7) and C.R.S. § 37-83-104. The plan for augmentation consists of replacing out-of-priority evaporation from the pond by reservoir releases from Ruedi Reservoir (or other sources) under contract with West Divide. Applicants currently have West Divide Contract for Ruedi Reservoir water [Contract No. 980109BMD(d)] associated with the pond for 25.236 AF. Applicants intend to amend that contract to 13.9 AF upon issuance of a decree for the water rights herein.15.Names and addresses of owners or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: N/A (7 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of SEPTEMBER 2008 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 5. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF JULY 2008. 08CW88 GRAND COUNTY— LITTLE BEAVER CREEK, RANCH CREEK, MIDDLE FORK RANCH CREEK, SOUTH FORK RANCH CREEK. Grand County Ranches LLC; c/o Mark J. Wagner, Esq., Hill & Robbins, P.C., 1441 18th Street, Suite 100, Denver, CO 80220. APPLICATION FOR FINDING OR REASONABLE DILIGENCE 2. Name of structures: Little Beaver Creek Reservoir, Little Beaver Creek Pipeline No. 1, Little Beaver Creek Pipeline No. 2. 3. Describe conditional water right, as to each structure, giving the following from the Referee's Ruling and Judgment and Decree:A. Date of Original Decree: August 1, 1975,Case No.: Civil Action No. 1768, Court: Grand County District Court. B. Legal Descriptions: Little Beaver Creek Reservoir: The point of diversion is located at a point on the right abutment of the dam forming the reservoir whence the Northwest Corner of Section 22, Township 1 South, Range 75 West of the 6th P.M. bears North 80°36' West a distance of 4430.5 feet. Little Beaver Creek Pipeline No. 1: The point of diversion is located at a point on the North bank of Ranch Creek, whence the Southeast Corner of Section 22, Township 1 South, Range 75 West of the 6th P.M. bears South 12°35' West a distance of 2686 feet. Little Beaver Creek Pipeline No. 2: Headgate No. 1 is located at a point on the East bank of the South Fork of Ranch Creek, whence the Southeast Corner of Section 22, Township 1 South, Range 75 West of the 6th P.M. bears South 49°25' East a distance of 2104 feet. Headgate No. 2 is located at a point on the North bank of the Middle Fork of Ranch Creek whence the Southeast Corner of Section 22, Township 1 South, Range 75 West of the 6th P.M. bears South 31°51' East a distance of 2620 feet. C. Source: Little Beaver Creek Reservoir: Little Beaver Creek, Ranch Creek, Middle Fork Ranch Creek, South Fork Ranch Creek. Little Beaver Creek Pipeline No. 1: Ranch Creek.


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Little Beaver Creek Pipeline No. 2: South Fork Ranch Creek, Middle Fork Ranch Creek. D. Appropriation Date: November 30, 1971. Amount: Little Beaver Creek Reservoir: 1,033.1 acre feet; Little Beaver Creek Pipeline No. 1: 50 cfs; Little Beaver Creek Pipeline No. 2: 50 cfs. E. Use: Domestic, irrigation, recreational. 4. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: A. During the diligence period, Applicant expended approximately $45,781,000 on land acquisition of and capital improvements on the property on which the subject water rights will be utilized. B. During the diligence period, Applicant expended approximately $1,190,000 on logging equipment for pinebeetle kill tree removal on the property on which the subject water rights will be utilized. C. During the diligence period, Applicant expended approximately $2,424,400 on vehicles, equipment, and resort operations on the property on which the subject water rights will be utilized. WHEREFORE, Applicant respectfully requests that the Court enter a decree granting this application and finding that the applicant has exercised reasonable diligence in maintaining the conditional water rights described herein, and granting such other relief to Applicant as the Court deems just and proper. (4 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of SEPTEMBER 2008 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 6. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF JULY 2008. 08CW89 (00CW252) EAGLE & PITKIN COUNTIES – ROARING FORK AND FRYINGPAN RIVERS, TRIBUTARY TO THE COLORADO RIVER. Town of Basalt c/o Tom Kinney, Esq., Hill, Kinney & Wood, LLC, 201 Main Street, Suite 301, Carbondale, CO 81623 (970) 963-3900. Application for Finding of Reasonable Diligence and Award of Absolute Water Rights. Applicant requests entry of a final decree finding that it has exercised reasonable diligence in completing the appropriation of tributary groundwater pursuant to any conditional water rights, which may have been previously decreed in Case No. 00CW252 for diversion at Basalt Municipal Well Nos. 9 and 13 at a rates of 1.11 cfs and 0.90 cfs, respectively and also awarding these water rights absolute. Basalt Municipal Well No. 9. The alternate point of diversion previously decreed in Case No. 90CW138 at the Basalt Municipal Well No. 9 for water rights previously decreed in Case No. W-3998 for diversion at Basalt Municipal Well Nos. 1 through 5, is located at a point in Tract 59 of Section 18, Township 8 South, Range 86 West of the 6th P.M., Independent Resurvey, whence the North Quarter Corner of said Section 18 bears North 03Ε06Ν13ΟWest a distance of 711.97 feet. Source: alluvial groundwater tributary to Roaring Fork River. Appropriation date: July 19, 1974. Diversion rate and decreed uses: 1.11 cfs, conditional, for domestic, municipal, irrigation, commercial and industrial purposes. Landowner at alternate point of diversion is the Applicant. Basalt Municipal Well No. 13. The alternate point of diversion previously decreed in Case No. 00CW252 at Basalt Municipal Well No. 13 for water rights previously decreed in Case No. W-3998 for diversion at Basalt Municipal Well Nos. 1 through 5, is located at a point within Tract 47 of Section 7, Township 8 South, Range 86 West of the 6th P.M., Independent Resurvey, 580 feet distant from the South section line, and 325 feet distant from the East section line of said Section 7. Source: Groundwater tributary to the reach of the Roaring Fork River from the Fryingpan River confluence upstream a distance of approximately 2,000 feet to a point at which the base elevation of the Roaring Fork River channel is 6,610 feet MSL, and groundwater tributary to the reach of the Fryingpan River from its confluence with the Roaring Fork River upstream a distance of approximately 1,800 feet to a point at which the base elevation of the Fryingpan River channel is 6,610 feet MSL. The ratio of depletions resulting from diversions at the Basalt Municipal Well No. 13 alternate point of diversion is fifty-two percent (52%) depletion to the Fryingpan River reach and forty-eight percent (48%) depletion to the Roaring Fork River reach. Appropriation date: July 19, 1974. Diversion rate and decreed uses: 0.90 cfs, conditional, for domestic, municipal, irrigation, commercial and industrial purposes. Landowner at alternate point of diversion is the Roaring Fork School District RE-1, 1405 Grand Avenue, Glenwood Springs, CO 81601. Applicant entered into a Well Easement Agreement with the Roaring Fork School District RE-1 on July 15, 1998, by which Applicant has a deeded well easement, dated January 23, 2002 for the operation, maintenance, repair and replacement of Basalt Municipal Well No. 13 and all related structures, equipment and pipelines. A statement of Applicant’s efforts and expenses supporting requested finding of reasonable diligence is incorporated into the Application. (66 pages including exhibits). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of SEPTEMBER 2008 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.


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7. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF JULY 2008. 08CW90 GRAND COUNTY 1. Pole Creek Meadows Owners Association, c\o Bill Quinlan, 2952 4th Street, Boulder, CO 80304 (303) 333-0101. C/o Stanley W. Cazier, Cazier, McGowan & Walker, Box 500, Granby, CO 80446, (970) 887-3376. APPLICATION FOR FINDING OF REASONABLE DILIGENCE 2. Name of Structure: Pole Creek Meadows Ponds 1, 2 and 3. 3. Date of Original Decree: June 28, 1995, Case No. 94CW223, Court: Water Division No. 5. 4. Legal Description: Pond 1: Located in the NW1/4SE1/4 of Section 3, Township 1 South, Range 76 West, 6th P.M. with the center of the pond located at a point approximately 3960 feet from the north and 3900 feet from the west section line of said Section 3. Pond 2: Located in the SE1/4NW1/4 of Section 3, Township 1 South, Range 76 West, 6th P.M. with the center of the pond to be located at a point approximately 2090 feet from the north and 1650 feet from the west section line of said Section 3. Pond 3: Located in the NE1/4SE1/4 of Section 3, Township 1 South, Range 76 West, 6th P.M., with the center of the pond located at a point approximately 3960 feet from the north and 4600 feet from the west section line of said Section 3. 5. Date of Appropriation: Ponds 1 and 2 - September 30, 1994, Pond 3 - November 30, 1994. 6. Amount: 10 acre feet with refill for each water right. 7. Uses: Recreation, wildlife, fish propagation, irrigation, , domestic, fire protedtion, replacement and augmentation. 8. Source of Water: Springs and drainages on the subject property tributary to Crooked Creek, tributary to the Fraser River. 9. Application sets forth an outline of work performed during the diligence period. (8 pages ) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of SEPTEMBER 2008 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 8. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF JULY 2008. 08CW91 (Garfield, East Divide Creek, Water District 38) Name, address and phone number of applicant: Chris Leverich, c/o Rhonda J. Bazil, Rhonda J. Bazil, P.C., 632 E. Hopkins Ave., Aspen, CO 81611 (970) 925-7171. APPLICATION: FOR WATER RIGHT, FOR FINDING OF DUE DILIGENCE AND TO MAKE WATER RIGHTS ABSOLUTE. First Claim: Application for Water Right. Leverich Ponds Nos. 1 through 8. Location:

Feet From East Section Line

Feet From South Section Line Section Township Range PM

Leverich Pond No. 3 725 2,750 35 7 South 91 West 6th Leverich Pond No. 4 600 3,000 35 7 South 91 West 6th Leverich Pond No. 6 2,100 400 36 7 South 91 West 6th

Appropriation Date: January 25, 2007. Amount: 10 acre feet each. Use: livestock watering, piscatorial, wildlife watering and fire protection purposes, with the right to refill in priority. Applicant seeks to add the use of irrigation to each of the ponds with the new appropriation date. Applicant will irrigate five acres from the Leverich Pond No. 3; one acre from Leverich Pond No. 4; and two acres from Leverich Pond No. 6. Second Claim: Application to Make Water Rights Absolute. Leverich Pond Nos. 2, 3, 4 and 6. Location:



Leverich Pond No. 2 3,650 1,750 25 7 South 91 West 6th Leverich Pond No. 3 725 2,750 35 7 South 91 West 6th Leverich Pond No. 4 600 3,000 35 7 South 91 West 6th Leverich Pond No. 6 2,100 400 36 7 South 91 West 6th

Appropriation Date: April 26, 1994. Amount: Total

Capacity in Acre-Feet

Active Capacity in Acre-Feet

Dead Storage

Surface Area

Leverich Pond No. 2 0.6 0.6 0 0.4 acre Leverich Pond No. 3 2.4 2.4 0 0.4 acre Leverich Pond No. 4 4.2 4.2 0 0.7 acre


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Leverich Pond No. 6 3.6 3.6 0 1.2 acres Use: The Leverich Pond Nos. 2, 3, 4 and 6 have been used for livestock watering, wildlife watering, and fire protection purposes and Leverich Pond No. 2 has been used for piscatorial purposes. Third Claim: Application for Finding of Due Diligence. Leverich Pond Nos. 1 through 8. Location:



Leverich Pond No. 1 1,950 1,850 25 7 South 91 West 6th Leverich Pond No. 2 3,650 1,750 25 7 South 91 West 6th Leverich Pond No. 3 725 2,750 35 7 South 91 West 6th Leverich Pond No. 4 600 3,000 35 7 South 91 West 6th Leverich Pond No. 5 500 3,300 35 7 South 91 West 6th Leverich Pond No. 6 2,100 400 36 7 South 91 West 6th Leverich Pond No. 7 2,100 600 36 7 South 91 West 6th Leverich Pond No. 8 2,100 850 36 7 South 91 West 6th

Appropriation Date: April 26, 1994. Amount: 10 acre feet. Use: Livestock watering, piscatorial, wildlife watering, and fire protection purposes, with the right to refill in priority. The application contains a detailed description of the activities performed during the diligence period. Additional information: (8 pages). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of SEPTEMBER 2008 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 9. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF JULY 2008. 08CW92 (01CW203) GRAND COUNTY. COLORADO RIVER AND ITS TRIBUTARIES. Application for Findings of Reasonable Diligence. 1. Name, mailing address, telephone number of Applicant: Municipal Subdistrict, Northern Colorado Water Conservancy District (“Subdistrict”) 220 Water Avenue, Berthoud, Colorado 80513, (970) 532-7700. C/o Robert V. Trout and Douglas M. Sinor, Trout, Raley, Montaño, Witwer & Freeman, P.C., 1120 Lincoln Street, Suite 1600, Denver, CO 80203. 2. Names of Structures: Jasper Reservoir, Jasper Pump and Pipeline, Windy Gap Reservoir. 3. Description of conditional water rights: A. Original Decree: Civil Action No. 1768, Grand County District Court, October 27, 1980. B. Locations: Jasper Reservoir: A proposed on-stream reservoir to be located in Sections 8, 16, 17, and 21, T2N, R76W, 6th P.M, Grand County, Colorado. The Southwest corner of the proposed dam is located at a point which bears South 55 degrees 30 minutes East 1,800 feet, from the Northwest corner of Section 21, T2N, R76W, 6th P.M. Jasper Pump and Pipeline: A point on the north bank of Willow Creek whence the Southeast corner of Section 16, T2N, R76W, 6th P.M., Grand County, Colorado, bears South 62 degrees 30 minutes East a distance of 2,730 feet. Windy Gap Reservoir: An on-stream reservoir located in Sections 25 and 26, T2N, R77W, 6th P.M., Grand County, Colorado. The Northwest corner of the proposed dam is located at a point which bears South 52 degrees 00 minutes West 1,660 feet from the Northeast corner of Section 26, T2N, R77W, 6th P.M. C. Sources: Jasper Reservoir: Colorado River and Willow Creek, a tributary of the Colorado River. Jasper Pump and Pipeline: Willow Creek, a tributary of the Colorado River, through Jasper Reservoir. Windy Gap Reservoir: Colorado River. D. Appropriation date: June 22, 1967 for all structures. E. Amounts: Jasper Reservoir: 11,292.58 acre-feet, conditional. Jasper Pump and Pipeline: 300 cfs, conditional. Windy Gap Reservoir: 1,101.14 acre-feet, of which 445 acre-feet have been made absolute. F. Uses: Municipal, irrigation, industrial and recreation for all structures. 4. Detailed outline of what has been done toward completion or for completion of the appropriations and application of water to beneficial use as conditionally decreed, including expenditures: The subject water rights are components of an integrated project called the Windy Gap Project. The Windy Gap Project water rights components consist of the Jasper Reservoir; Jasper Pump and Pipeline; Windy Gap Reservoir; Windy Gap Pump, Pipeline and Canal; Windy Gap Pump, Pipeline and Canal First Enlargement; and Windy Gap Pump, Pipeline and Canal Second Enlargement. Work on one component of the Windy Gap Project should be considered as effort toward development of the water rights for all components of the project. The Windy Gap Pump, Pipeline and Canal, including the First and Second Enlargements, and the Windy Gap Reservoir have been constructed and are currently being operated in accordance with their decrees. The water rights for the Windy Gap Pump, Pipeline and Canal, including the First and Second Enlargements, have been made fully absolute, and 445 acre-feet of the water right for the Windy Gap Reservoir has been made absolute. During the diligence period, the Subdistrict spent over $73,000,000 for operation, maintenance, administrative and engineering services, interest and principal payments for bonded debt service and capital expenses on the Windy Gap Project. These activities, as well as other activities, and expenses are described in more detail below. A. 1980 Agreement Obligations: During the diligence period, the


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Subdistrict continued to perform its remaining obligations under the 1980 agreement approved by the Court as full satisfaction of the requirements of C.R.S. 37-45-118(1)(b)(II), which agreement was amended in part in 1985 and as amended, re-approved by the Court in Case No. 85CW135. B. Windy Gap Project Pumping: The Subdistrict has maintained and operated the constructed features of the Windy Gap Project throughout the diligence period. The integrated Windy Gap Project pumped approximately 205,325 acre-feet of water during the diligence period, under the Windy Gap Pump, Pipeline, and Canal, including the First and Second Enlargements, and Windy Gap Reservoir water rights. The cost for pumping and delivering this water was approximately $8,000,000, which does not include costs for 2008 pumping. C. Bonded Debt Service: Of the over $73,000,000 spent by the Subdistrict during the diligence period, $51,488,000 is attributable to the bonded debt service for the project. D. Operation and Maintenance: The Subdistrict spent over $13,600,000 on operation and maintenance of the Windy Gap Project, including over $8,000,000 for pumping and delivering 205,325 acre-feet of water during the diligence period. The Subdistrict made significant repairs to the 108-inch diameter Windy Gap Water Pipeline that runs approximately 5 miles from the Colorado River just below Granby, Colorado to Granby Reservoir. The pipeline was constructed of pre-stressed concrete cylinder pipe (PCCP), which relies on pre-stressing wires to provide strength required to withstand forces from internal water pressure and external loads. Electromagnetic testing of the pipeline in 1999 indicated that a significant number of pipe sections (out of a total of 1,600 sections) had broken pre-stressing wires. In 2000, the Subdistrict subsequently excavated 21 of the most critical pipe sections for repair at a cost of over $1,000,000. Since 2002, the Subdistrict has expended approximately $2,239,000, which includes $190,000 on pipeline inspections ($80,000 in 2002 and $110,000 in 2005), $410,000 on engineering design and analysis, $1,011,000 for repair of 11 additional pipe sections, and $628,000 for installation of a cathodic protection system to protect the pipe from further corrosion. The operation and maintenance costs referenced above also include costs for renovation and modernization of the Windy Gap Pumping Plant to improve and maintain its reliability, including upgrades to the electrical systems and re-wiring of two of the pumps. E. Engineering and Administrative Activities: The Subdistrict spent over $6,000,000 for engineering and administrative activities during the diligence period, including work related to the Colorado River Recovery Program (“Recovery Program”). By addressing the biological and habitat needs of the species in the critical habitat through the implementation of the elements contained in the Recovery Plan, water projects such as the Windy Gap Project are able to avoid a federal jeopardy determination associated with the project’s operations. The Subdistrict has participated in the development and implementation Colorado River Recovery Program for threatened and endangered fish species for the duration of the diligence period, including participation in efforts to provide water for the fish species such as the “10,825” studies, the Coordinated Facilities Operations study, and the annual Coordinated Reservoir Operations. In conjunction with other eastern slope water entities that divert water from the Colorado River basin, the Subdistrict obtained in 2007 a conditional decree for water rights in Sulphur Gulch Reservoir which is designed to provide water for the Recovery Program to improve fish habitat. The Subdistrict has been active regarding environmental issues related to the integrated Windy Gap Project. The Subdistrict has developed a comprehensive water quality program in support of project operations which includes improved and increased levels of sampling and analysis. The Subdistrict investigated the effects of whirling disease and remedies for the disease in relation to the Windy Gap Project. The Subdistrict currently participates in a stakeholder process to explore alternatives to Wild and Scenic River designation in the upper Colorado River. F. Jasper Reservoir Dam Cost Estimate Update: Consultants for the Subdistrict completed a geologic and geotechnical study of the Jasper Reservoir site, culminating in a report dated April 1997. The study also estimated construction costs for the Jasper Reservoir dam embankment. In 2008, consultants for the Subdistrict updated the earlier cost estimate and estimated the probable cost for construction of other related features of the Jasper Reservoir. G. Water Availability Analysis: In 2008, consultants for the Subdistrict completed a water availability analysis for the conditional water rights that are the subject of this application. The Subdistrict expended approximately $17,500 in consulting fees for the water availability analysis and the Jasper Reservoir dam cost estimate. H. Land Ownership mapping: During the diligence period, the Subdistrict mapped the location of the proposed Jasper Pump and Pipeline and the potential inundation zones for the Jasper Reservoir and Windy Gap Reservoir. The Subdistrict researched Grand County records to identify the owners of land that would be affected by the reservoirs. I. Windy Gap Firming Project: In addition to the activities funded by the Subdistrict described above, a sub-group of the Windy Gap Allottee group has separately funded and investigated a new project to make the existing Windy Gap Project more reliable, named the Windy Gap Firming Project. The Subdistrict has expended $10,884,000 on the Windy Gap Firming Project since 2002. Work has included engineering and environmental evaluation of over 170 potential project alternatives, including several different configurations of Jasper Reservoir and the preparation of an Environmental Impact Statement to satisfy the requirements of the National Environmental Policy Act for the project. In addition, the Subdistrict has purchased the site for Chimney Hollow Reservoir at a cost of $4,000,000. J. Statements of Opposition: During the diligence period, the Subdistrict reviewed the monthly water court resume for Water Divisions 1 and 5 and filed statements of opposition and participated in water court proceedings as necessary to protect the Windy Gap Project rights from injury. 5. Names and addresses of owners or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure, is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool:, UNITED STATES OF AMERICA, BUREAU OF RECLAMATION, WASHINGTON DC 20013; MIKE COLLINS, AREA MANAGER, EASTERN COLORADO AREA OFFICE, BUREAU OF RECLAMATION 11056 W. COUNTY ROAD 18E, LOVELAND, CO 80537-9711; UNITED STATES OF AMERICA, SHADOW MOUNTAIN NATIONAL RECREATION AREA, WASHINGTON DC 20013; CRAIG MAGUIRE, DISTRICT RANGER, USDA FOREST SERVICE, SULPHUR RANGER DISTRICT, P.O. BOX 10, GRANBY, CO 80446; UNITED STATES OF AMERICA, BUREAU


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OF LAND MANAGEMENT, PO BOX 68, KREMMLING, CO 80459-0068; MIRR PROPERTIES, LLC, 3106 CHERRYRIDGE RD, ENGLEWOOD, CO 80110-6057; STEVENSON, KEN & KENNETH G., 682 COUNTY ROAD 405, GRANBY, CO 80446-9203; PETERSON, CLIFFORD W & LAURA B., PO BOX 1547, GRANBY, CO 80446-1547; VENEZIA, HOWARD & BARBARA J., PO BOX 1373, WINTER PARK, CO 80482-1373; PENSON, ROBERT SCOTT, PO BOX 57, HOT SULPHUR SPRINGS, CO 80451-0057; OCONNOR, THOMAS A & KATHLEEN E., 2372 EUDORA ST., DENVER, CO 80207-3213; HARRINGTON, PAUL, PO BOX 1142, GRANBY, CO 80446-1142; GRAND COUNTY BOARD OF COUNTY COMMISSIONERS, PO BOX 264, HOT SULPHUR SPRINGS, CO 80451-0264; FREEMAN, ROBERT A & JENNIFER S., PO BOX 216, TABERNASH, CO 80478-0182. (9 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of SEPTEMBER 2008 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 10. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF JULY 2008. 08CW93 Div. 5, District Court, State Of Colorado, Garfield County Courthouse, 109 8th Street, Suite 104, Glenwood Springs, CO 81601. Application For Water Rights To Preserve The Natural Environment To A Reasonable Degree, Concerning the Application for Water Rights of: Colorado Water Conservation Board, In Arapaho Creek, A Natural Stream, In The Watershed Of Colorado Headwaters, In Grand County, Colorado. Attorneys for the Colorado Water Conservation Board: John W. Suthers, Attorney General, Jennifer Mele*, Assistant Attorney General, 1525 Sherman Street, 5th Floor, Denver, CO 80203. Registration Number: 30720, *Counsel of Record. Name of Applicant: Colorado Water Conservation Board, 1313 Sherman Street, Suite 721, Denver, CO 80203.Name of natural stream: Arapaho Creek, Location: Legal description of the stream segment through which an instream flow is claimed: The natural stream channel from the Caribou Lake outlet at latitude 40° 1’ 19.36”N and longitude 105° 40’ 53.99”W as the upstream terminus and extending to the confluence with Buchanan Creek at latitude 40° 6’ 17.97”N and longitude 105° 43’ 55.57”W as the downstream terminus, being a distance of approximately 7.8 miles. This segment can be located on the Monarch Lake NW, NE, SW and SE U.S.G.S. quadrangles. For administrative purposes only: Upper Terminus = SW NE S28 T1N R74W 6th PM. 2015’ South of the North Section Line, 2335’ West of the East Section Line. UTM North: 4430426.5 UTM East: 441831.9. Lower Terminus = NW SW S30 T2N R74W 6th PM. 2440’ North of the South Section Line, 250’ East of the West Section Line UTM North: 4439667.1 UTM East: 437603.5. Date of initiation of appropriation: January 23, 2008. Date water applied to beneficial use: Water was first applied to beneficial use on January 23, 2008. How appropriation was initiated: At its regular meeting on January 23, 2008, the Colorado Water Conservation Board appropriated this water right pursuant to the Rules Concerning the Colorado Instream Flow and Natural Lake Program, 2 CCR 408-2. Amount of water claimed (ABSOLUTE): Instream flow of 4.5 cfs (April 15 – August 31), 1.9 cfs (September 1 – April 14). Remarks: This appropriation is made pursuant to the provisions of Sections 37-92-102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S. (2007). The purpose of this appropriation by the State of Colorado is to preserve the natural environment to a reasonable degree. At its regular meeting on May 20, 2008, the Board determined that the natural environment will be preserved to a reasonable degree by the water available for the appropriation to be made; that there is a natural environment that can be preserved to a reasonable degree with the Board’s water right herein, if granted; and that such environment can exist without material injury to water rights. This Application is for an instream flow water right, exclusive to the CWCB pursuant to section 37-92-102(3) C.R.S., and as such there are no proposed diversion structures or storage involved, nor does it effect ground water described in section 37-90-137(4), C.R.S.. See City of Thornton By and Through Utilities Bd. v. City of Fort Collins, 830 P.2d 915, 931 (Colo.,1992) ("A minimum stream flow does not require removal or control of water by some structure or device. A minimum stream flow between two points on a stream or river usually signifies the complete absence of a structure or device."). Therefore, the notice provision contained in section 37-92-302(2)(b) C.R.S. is not applicable. (4 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of SEPTEMBER 2008 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 11. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF JULY 2008.


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08CW94 RIO BLANCO COUNTY-BLACK SULPHUR CREEK. Application For Water Rights To Preserve The Natural Environment To A Reasonable Degree. District Court, Water Division No. 5, State Of Colorado. 109 8th Street, Suite 104, Glenwood Springs, Colorado 81601. Concerning the Application for Water Rights of: Colorado Water Conservation Board, In Black Sulphur Creek, A Natural Stream, In The Watershed Of Piceance-Yellow, In Rio Blanco County, Colorado. Attorneys for the Colorado Water Conservation Board: John W. Suthers, Attorney General, Devin R. Odell* Assistant Attorney General, 1525 Sherman Street, 5th Floor, Denver, CO 80203, (303) 866-5017. Registration Number: 34762. Name of Applicant: Colorado Water Conservation Board. 1313 Sherman Street, Suite 721, Denver, CO 80203, (303) 866-3441. Name of natural stream: Black Sulphur Creek. Location: Legal description of the stream segment through which an instream flow is claimed: The natural stream channel from the confluence with Canyon Creek at latitude 39° 45’ 41.2”N and longitude 108° 28’ 11.06”W as the upstream terminus and extending to the headgate of Duckett Ditch at latitude 39° 48’ 52.58”N and longitude 108° 25’ 45.34”W as the downstream terminus, being a distance of approximately 5.12 miles. This segment can be located on the Yankee Gulch U.S.G.S. quadrangle. For administrative purposes only: Upper Terminus = SW NE S26 T3S R99W 6th PM, 2200’ West of the East Section Line, 2040’ South of the North Section Line. UTM North: 4407040.6 UTM East: 202762.6. Lower Terminus = NE SE S6 T3S R98W 6th PM. 990’ West of the East Section Line, 1420’ North of the South Section Line. UTM North: 4412809.1 UTM East: 206457.3. a. Date of initiation of appropriation: January 23, 2008. Date water applied to beneficial use: Water was first applied to beneficial use on January 23, 2008. How appropriation was initiated: At its regular meeting on January 23, 2008, the Colorado Water Conservation Board appropriated this water right pursuant to the Rules Concerning the Colorado Instream Flow and Natural Lake Program, 2 CCR 408-2. Amount of water claimed (ABSOLUTE): Instream flow of 1.6 cfs (May 1 – August 31), 1.2 cfs (September 1 – November 30), 1.0 cfs (December 1 – April 30). Remarks: This appropriation is made pursuant to the provisions of Sections 37-92-102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S. (2007). The purpose of this appropriation by the State of Colorado is to preserve the natural environment to a reasonable degree. At its regular meeting on May 20, 2008, the Board determined that the natural environment will be preserved to a reasonable degree by the water available for the appropriation to be made; that there is a natural environment that can be preserved to a reasonable degree with the Board’s water right herein, if granted; and that such environment can exist without material injury to water rights (4 pages). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of SEPTEMBER 2008 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 12. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF JULY 2008. 08CW95 GRAND COUNTY-MULE CREEK. Div. 5. Application For Water Rights To Preserve The Natural Environment To A Reasonable Degree, District Court, Water Division 5, State Of Colorado, Garfield County Courthouse, 109 8th Street, Suite 104, Glenwood Springs, Co 81601 Concerning The Application For Water Rights Of: Colorado Water Conservation Board, In Mule Creek, A Natural Stream, In The Watershed Of Colorado Headwaters, In Grand County, Colorado. Attorneys for the Colorado Water Conservation Board: John W. Suthers, Attorney General, Devin Odell*, #34762, Assistant Attorney General, 1525 Sherman Street, 5th Floor, Denver, CO 80203. *Counsel of Record. Name of Applicant: Colorado Water Conservation Board, 1313 Sherman Street, Suite 721, Denver, CO 80203. (303) 866-3441. Name of natural stream: Mule Creek. Location: Legal description of the stream segment through which an instream flow is claimed: The natural stream channel from the confluence with South Fork Mule Creek at latitude 39° 53’ 46.78”N and longitude 106° 8’ 54.72”W as the upstream terminus and extending to the confluence with Lost Creek at latitude 39° 55’ 16.12”N and longitude 106° 7’ 33.44”W as the downstream terminus, being a distance of approximately 2.25 miles. This segment can be located on the Battle Mountain U.S.G.S. quadrangle. For administrative purposes only: Upper Terminus = S8 T2S R78W 6th PM UTM North: 4416882.1 UTM East: 401812.3. Lower Terminus = SW SW S28 T1S R78W 6Th PM, 1200’ East of the West Section Line; 60’ North of the South Section Line. UTM North: 4419611.9 UTM East: 403777.2. Date of initiation of appropriation: January 23, 2008. Date water applied to beneficial use: Water was first applied to beneficial use on January 23, 2008. How appropriation was initiated: At its regular meeting on January 23, 2008, the Colorado Water Conservation Board appropriated this water right pursuant to the Rules Concerning the Colorado Instream Flow and Natural Lake Program, 2 CCR 408-2. Amount of water claimed (ABSOLUTE): Instream flow of 1.2 cfs (April 1 – October 31), 1.0 cfs (November 1 – March 31). Remarks: This appropriation is made pursuant to the provisions of Sections 37-92-102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S. (2007). The purpose of this appropriation by the State of Colorado is to preserve the natural environment to a reasonable degree. At its regular meeting on May 20, 2008, the Board determined that the natural environment will be preserved to a reasonable degree by the water available for the appropriation to be made; that there is a natural environment that can be preserved to a reasonable degree with the Board’s water right herein, if granted; and that such environment can exist without material injury to water rights. This Application is for an instream flow water right, exclusive to the CWCB pursuant to section 37-92-102(3) C.R.S., and as such there are no proposed


PAGE 12

diversion structures or storage involved, nor does it effect ground water described in section 37-90-137(4), C.R.S.. See City of Thornton By and Through Utilities Bd. v. City of Fort Collins, 830 P.2d 915, 931 (Colo.,1992) ("A minimum stream flow does not require removal or control of water by some structure or device. A minimum stream flow between two points on a stream or river usually signifies the complete absence of a structure or device."). Therefore, the notice provision contained in section 37-92-302(2)(b) C.R.S. is not applicable. (4 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of SEPTEMBER 2008 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 13. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF JULY 2008. 08CW96 GARFIELD COUNTY-RIGHT FORK BARREL SPRINGS CREEK. District Court, Water Division 5, State Of Colorado,Garfield County Courthouse, 109 8th Street, Suite 104, Glenwood Springs, CO 81601. Concerning the Application for Water Rights of: Colorado Water Conservation Board, In Right Fork Barrel Springs Creek, A Natural Stream, In The Watershed Of Colorado Headwaters-Plateau, In Garfield County, Colorado. Attorneys for the Colorado Water Conservation Board: John W. Suthers, Attorney General, Amy F. Stengel*, Assistant Attorney General, 1525 Sherman Street, 5th Floor, Denver, CO 80203, Registration Number: 34565, *Counsel of Record, Application For Water Rights To Preserve The Natural Environment To A Reasonable Degree. Name of Applicant: Colorado Water Conservation Board, 1313 Sherman Street, Suite 721, Denver, CO 80203, (303) 866-3441. Name of natural stream: Right Fork Barrel Springs Creek. Location: Legal description of the stream segment through which an instream flow is claimed: The natural stream channel from the headwaters in the vicinity of latitude 39° 35’ 49.48”N and longitude 108° 40’ 21.47”W as the upstream terminus and extending to the confluence with Barrel Spring Creek at latitude 39° 33’ 26.55”N and longitude 108° 42’ 25.36”W as the downstream terminus, being a distance of approximately 4.0 miles. This segment can be located on the Calf Canyon U.S.G.S. quadrangle. For administrative purposes only: Upper Terminus = SW NE S25 T5S R101W 6th PM. 1670’ West of the East Section Line; 2260’ South of the North Section Line. UTM North: 4389485.5 UTM East: 184629.6. Lower Terminus = SE NE S12 T6S R102W 6th PM. 65’ West of the East Section Line; 1550’ South of the North Section Line. UTM North: 4385199.1 UTM East: 181491.9. Date of initiation of appropriation: January 23, 2008. Date water applied to beneficial use: Water was first applied to beneficial use on January 23, 2008. How appropriation was initiated: At its regular meeting on January 23, 2008, the Colorado Water Conservation Board appropriated this water right pursuant to the Rules Concerning the Colorado Instream Flow and Natural Lake Program, 2 CCR 408-2. Amount of water claimed (ABSOLUTE): Instream flow of 0.7 cfs (May 1 – August 31), 0.3 cfs (September 1 – April 30). Remarks: This appropriation is made pursuant to the provisions of Sections 37-92-102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S. (2007). The purpose of this appropriation by the State of Colorado is to preserve the natural environment to a reasonable degree. At its regular meeting on May 20, 2008, the Board determined that the natural environment will be preserved to a reasonable degree by the water available for the appropriation to be made; that there is a natural environment that can be preserved to a reasonable degree with the Board’s water right herein, if granted; and that such environment can exist without material injury to water rights. This Application is for an instream flow water right, exclusive to the CWCB pursuant to section 37-92-102(3) C.R.S., and as such there are no proposed diversion structures or storage involved, nor does it effect ground water described in section 37-90-137(4), C.R.S.. See City of Thornton By and Through Utilities Bd. v. City of Fort Collins, 830 P.2d 915, 931 (Colo.,1992) ("A minimum stream flow does not require removal or control of water by some structure or device. A minimum stream flow between two points on a stream or river usually signifies the complete absence of a structure or device."). Therefore, the notice provision contained in section 37-92-302(2)(b) C.R.S. is not applicable. (4 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of SEPTEMBER 2008 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 14. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF JULY 2008. 08CW97 GRAND COUNTY-BEAVER CREEK. District Court, Water Division 5, State Of Colorado,Garfield County Courthouse,109 8th Street, Suite 104 ,Glenwood Springs, CO 81601, Concerning the Application for Water Rights of: Colorado Water Conservation Board, In Beaver Creek, A Natural Stream, In The Watershed Of Colorado Headwaters, (Increase), In Grand County,


PAGE 13

Colorado. Attorneys for the Colorado Water Conservation Board: John W. Suthers, Attorney General, Beth Van Vurst*, Assistant Attorney General, 1525 Sherman Street, 5th Floor, Denver, CO 80203, Registration Number: 36931, *Counsel of Record. Application For Water Rights To Preserve The Natural Environment To A Reasonable Degree, Name of Applicant: Colorado Water Conservation Board, 1313 Sherman Street, Suite 721, Denver, CO 80203, (303) 866-3441. Name of natural stream: Beaver Creek. Location: Legal description of the stream segment through which an instream flow is claimed: The natural stream channel from the confluence with Spring Creek at latitude 40° 1’ 45.21”N and longitude 106° 6’ 2.83”W as the upstream terminus and extending to the confluence with the Colorado River at latitude 40° 2’ 52.58”N and longitude 106° 7’ 50.35”W as the downstream terminus, being a distance of approximately 2.75 miles. This segment can be located on the Parshall U.S.G.S. quadrangle. For administrative purposes only:Upper Terminus = SE SW S23 T1N R78W 6th PM. 1375’ East of the West Section Line, 175’ North of the South Section Line. UTM North: 4431581.1 UTM East: 406076.2. Lower Terminus = NW SE S16 T1N R78W 6th PM. 1730’ West of the East Section Line, 1660’ North of the South Section Line. UTM North: 4433690.2 UTM East: 403554.3. Date of initiation of appropriation: January 23, 2008. Date water applied to beneficial use: Water was first applied to beneficial use on January 23, 2008. How appropriation was initiated: At its regular meeting on January 23, 2008, the Colorado Water Conservation Board appropriated this water right pursuant to the Rules Concerning the Colorado Instream Flow and Natural Lake Program, 2 CCR 408-2. Amount of water claimed (ABSOLUTE): Instream flow of 0.45 cfs (April 1 – September 30). Remarks: This appropriation is made pursuant to the provisions of Sections 37-92-102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S. (2007). The purpose of this appropriation by the State of Colorado is to preserve the natural environment to a reasonable degree. At its regular meeting on May 20, 2008, the Board determined that the natural environment will be preserved to a reasonable degree by the water available for the appropriation to be made; that there is a natural environment that can be preserved to a reasonable degree with the Board’s water right herein, if granted; and that such environment can exist without material injury to water rights. This Application is for an instream flow water right, exclusive to the CWCB pursuant to section 37-92-102(3) C.R.S., and as such there are no proposed diversion structures or storage involved, nor does it effect ground water described in section 37-90-137(4), C.R.S.. See City of Thornton By and Through Utilities Bd. v. City of Fort Collins, 830 P.2d 915, 931 (Colo.,1992) ("A minimum stream flow does not require removal or control of water by some structure or device. A minimum stream flow between two points on a stream or river usually signifies the complete absence of a structure or device."). Therefore, the notice provision contained in section 37-92-302(2)(b) C.R.S. is not applicable. (4 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of SEPTEMBER 2008 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 15. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF JULY 2008. 08CW98 GARFIELD COUNTY-BATTLEMENT CREEK. District Court, Water Division 5, State Of Colorado, Garfield County Courthouse, 109 8th Street, Suite 104 Glenwood Springs, CO 81601, Concerning the Application for Water Rights of: Colorado Water Conservation Board, In Battlement Creek, A Natural Stream, In The Watershed Of Colorado Headwaters Plateau, In Garfield County, Colorado. Attorneys for the Colorado Water Conservation Board: John W. Suthers, Attorney General, Beth Van Vurst*, Assistant Attorney General, 1525 Sherman Street, 5th Floor, Denver, CO 80203. Registration Number: 36931. *Counsel of Record. Application For Water Rights To Preserve The Natural Environment To A Reasonable Degree. Name of Applicant: Colorado Water Conservation Board, 1313 Sherman Street, Suite 721, Denver, CO 80203. (303) 866-3441. Name of natural stream: Battlement Creek. Location: Legal description of the stream segment through which an instream flow is claimed: The natural stream channel from the outlet of Battlement Reservoir at latitude 39° 22’ 29.98”N and longitude 107° 56’ 15.5”W as the upstream terminus and extending to the headgate of Battlement Ditch at latitude 39° 26’ 10.01”N and longitude 107° 58’ 42.44”W as the downstream terminus, being a distance of approximately 5.15 miles. This segment can be located on the Rulison U.S.G.S. quadrangle. For administrative purposes only: Upper Terminus = NE SE S12 T8S R95W 6th PM. 930’ West of the East Section Line; 1540’ North of the South Section Line. UTM North: 4362508.9 UTM East: 246951.1. Lower Terminus = NE SE S15 T7S R95W 6th PM, 1170’ West of the East Section Line; 2160’ North of the South Section Line. UTM North: 4369409 UTM East: 243658.5. Date of initiation of appropriation: January 23, 2008. Date water applied to beneficial use: Water was first applied to beneficial use on January 23, 2008. How appropriation was initiated: At its regular meeting on January 23, 2008, the Colorado Water Conservation Board appropriated this water right pursuant to the Rules Concerning the Colorado Instream Flow and Natural Lake Program, 2 CCR 408-2. Amount of water claimed (ABSOLUTE): Instream flow of 6.3 cfs (April 1 – June 30), 3.5 cfs (July 1 – July 31), 1.5 cfs (August 1 – March 31). Remarks: This appropriation is made pursuant to the provisions of Sections 37-92-102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S. (2007). The purpose of this appropriation by the State of Colorado is to preserve the natural environment to a reasonable degree. At its regular meeting on May 20, 2008, the Board determined that the natural environment will be preserved to a reasonable


PAGE 14

degree by the water available for the appropriation to be made; that there is a natural environment that can be preserved to a reasonable degree with the Board’s water right herein, if granted; and that such environment can exist without material injury to water rights. This Application is for an instream flow water right, exclusive to the CWCB pursuant to section 37-92-102(3) C.R.S., and as such there are no proposed diversion structures or storage involved, nor does it effect ground water described in section 37-90-137(4), C.R.S.. See City of Thornton By and Through Utilities Bd. v. City of Fort Collins, 830 P.2d 915, 931 (Colo.,1992) ("A minimum stream flow does not require removal or control of water by some structure or device. A minimum stream flow between two points on a stream or river usually signifies the complete absence of a structure or device."). Therefore, the notice provision contained in section 37-92-302(2)(b) C.R.S. is not applicable. (4 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of SEPTEMBER 2008 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 16. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF JULY 2008. 08CW99 GARFIELD COUNTY-BALDY CREEK. District Court, Water Division 5, State Of Colorado, Garfield County Courthouse, 109 8th Street, Suite 104, Glenwood Springs, CO 81601. Concerning the Application for Water Rights of: Colorado Water Conservation Board, In Baldy Creek, A Natural Stream, In The Watershed Of Colorado Headwaters – Plateau, In Garfield County, Colorado. Attorneys for the Colorado Water Conservation Board: John W. Suthers, Attorney General, Beth Van Vurst*, Assistant Attorney General, 1525 Sherman Street, 5th Floor, Denver, CO 80203. Registration Number: 36931, *Counsel of Record. Application For Water Rights To Preserve The Natural Environment To A Reasonable Degree. Name of Applicant: Colorado Water Conservation Board, 1313 Sherman Street, Suite 721, Denver, CO 80203. (303) 866-3441. Name of natural stream: Baldy Creek. Location: Legal description of the stream segment through which an instream flow is claimed: The natural stream channel from headwaters in the vicinity of latitude 39° 24’ 28.06”N and longitude 107° 24’ 29.01”W as the upstream terminus and extending to the headgate of the Murray and Yule Ditch at latitude 39° 29’ 28.73”N and longitude 107° 30’ 9.11”W as the downstream terminus, being a distance of approximately 9.7 miles. This segment can be located on the Center Mountain and Gibson Gulch U.S.G.S. quadrangles. For administrative purposes only: Upper Terminus = NW NE S35 T7S R90W 6th PM, 2200’ West of the East Section Line, 365’ South of the North Section Line UTM North: 4364798.3 UTM East: 292672.2. Lower Terminus = NW NE S36 T6S R91W 6th PM, 2600’ West of the East Section Line, 385’ South of the North Section Line, UTM North: 4374290.4 UTM East: 284794.8. Date of initiation of appropriation: January 23, 2008. Date water applied to beneficial use: Water was first applied to beneficial use on January 23, 2008. How appropriation was initiated: At its regular meeting on January 23, 2008, the Colorado Water Conservation Board appropriated this water right pursuant to the Rules Concerning the Colorado Instream Flow and Natural Lake Program, 2 CCR 408-2. Amount of water claimed (ABSOLUTE): Instream flow of 6.5 cfs (April 1 – June 30), 0.6 cfs (July 1 – March 31). Remarks: This appropriation is made pursuant to the provisions of Sections 37-92-102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S. (2007). The purpose of this appropriation by the State of Colorado is to preserve the natural environment to a reasonable degree. At its regular meeting on May 20, 2008, the Board determined that the natural environment will be preserved to a reasonable degree by the water available for the appropriation to be made; that there is a natural environment that can be preserved to a reasonable degree with the Board’s water right herein, if granted; and that such environment can exist without material injury to water rights. This Application is for an instream flow water right, exclusive to the CWCB pursuant to section 37-92-102(3) C.R.S., and as such there are no proposed diversion structures or storage involved, nor does it effect ground water described in section 37-90-137(4), C.R.S.. See City of Thornton By and Through Utilities Bd. v. City of Fort Collins, 830 P.2d 915, 931 (Colo.,1992) ("A minimum stream flow does not require removal or control of water by some structure or device. A minimum stream flow between two points on a stream or river usually signifies the complete absence of a structure or device."). Therefore, the notice provision contained in section 37-92-302(2)(b) C.R.S. is not applicable. (4 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of SEPTEMBER 2008 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 17. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF JULY 2008.


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08CW100 GRAND COUNTY-RABBIT EARS CREEK. District Court, Water Division 5, State Of Colorado,Garfield County Courthouse, 109 8th Street, Suite 104, Glenwood Springs, CO 81601. Concerning the Application for Water Rights of: Colorado Water Conservation Board, In Rabbit Ears Creek, A Natural Stream, In The Watershed Of Colorado Headwaters, In Grand County, Colorado. Attorneys for the Colorado Water Conservation Board: John W. Suthers, Attorney General Amy F. Stengel*, Assistant Attorney General 1525 Sherman Street, 5th Floor Denver, CO 80203 Registration Number: 34565 *Counsel of Record. Application For Water Rights To Preserve The Natural Environment To A Reasonable Degree. Name of Applicant: Colorado Water Conservation Board Address of Applicant, 1313 Sherman Street, Suite 721. Denver, CO 80203. (303) 866-3441. Name of natural stream: Rabbit Ears Creek. Location: Legal description of the stream segment through which an instream flow is claimed: The natural stream channel from the headwaters in the vicinity of latitude 40° 21’ 13.94”N and longitude 106° 21’ 36.13”W as the upstream terminus and extending to the confluence with Troublesome Creek at latitude 40° 15’ 46.03”N and longitude 106° 19’ 6.85”W as the downstream terminus, being a distance of approximately 9.0 miles. This segment can be located on the Hyannis Peak U.S.G.S. quadrangle. For administrative purposes only: Upper Terminus = NW SW S34 T5N R80W 6th PM. 755’ East of the West Section Line; 1780’ North of the South Section Line. UTM North: 4467922.6 UTM East: 384507.5. Lower Terminus = SW SE S35 T4N R80W 6th PM. 2450’ West of the East Section Line; 710’ North of the South Section Line UTM North= 4457758.6 UTM East= 387878.3. Date of initiation of appropriation: January 23, 2008. Date water applied to beneficial use: Water was first applied to beneficial use on January 23, 2008. How appropriation was initiated: At its regular meeting on January 23, 2008, the Colorado Water Conservation Board appropriated this water right pursuant to the Rules Concerning the Colorado Instream Flow and Natural Lake Program, 2 CCR 408-2. Amount of water claimed (ABSOLUTE): Instream flow of 5.0 cfs (April 1 – October 31), 2.2 cfs (November 1 – March 31). Remarks: This appropriation is made pursuant to the provisions of Sections 37-92-102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S. (2007). The purpose of this appropriation by the State of Colorado is to preserve the natural environment to a reasonable degree. At its regular meeting on May 20, 2008, the Board determined that the natural environment will be preserved to a reasonable degree by the water available for the appropriation to be made; that there is a natural environment that can be preserved to a reasonable degree with the Board’s water right herein, if granted; and that such environment can exist without material injury to water rights. This Application is for an instream flow water right, exclusive to the CWCB pursuant to section 37-92-102(3) C.R.S., and as such there are no proposed diversion structures or storage involved, nor does it effect ground water described in section 37-90-137(4), C.R.S.. See City of Thornton By and Through Utilities Bd. v. City of Fort Collins, 830 P.2d 915, 931 (Colo.,1992) ("A minimum stream flow does not require removal or control of water by some structure or device. A minimum stream flow between two points on a stream or river usually signifies the complete absence of a structure or device."). Therefore, the notice provision contained in section 37-92-302(2)(b) C.R.S. is not applicable. (4 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of SEPTEMBER 2008 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 18. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF JULY 2008. 08CW101 GARFIELD & MESA COUNTIES-NORTH FORK WALLACE CREEK. District Court, Water Division 5, State Of Colorado, Garfield County Courthouse, 109 8th Street, Suite 104, Glenwood Springs, CO 81601. Concerning the Application for Water Rights of: Colorado Water Conservation Board, In North Fork Wallace Creek, A Natural Stream, In The Watershed Of Colorado Headwaters-Plateau, In Garfield And Mesa Counties, Colorado. Attorneys for the Colorado Water Conservation Board: John W. Suthers, Attorney General Amy F. Stengel*, Assistant Attorney General, 1525 Sherman Street, 5th Floor, Denver, CO 80203. Registration Number: 34565 *Counsel of Record. Application For Water Rights To Preserve The Natural Environment To A Reasonable Degree. Name of Applicant: Colorado Water Conservation Board, 1313 Sherman Street, Suite 721. Denver, CO 80203. (303) 866-3441. Name of natural stream: North Fork Wallace Creek. Location: Legal description of the stream segment through which an instream flow is claimed: The natural stream channel from the headwaters in the vicinity of latitude 39° 21’ 29.18”N and longitude 107° 57’ 1.62”W as the upstream terminus and extending to the confluence with Wallace Creek at latitude 39° 21’ 9.57”N and longitude 108° 1’ 43.52”W as the downstream terminus, being a distance of approximately 4.78 miles. This segment can be located on the Hawxhurst Creek and Housetop Mountain U.S.G.S. quadrangles. For administrative purposes only: Upper Terminus = SW SW S13 T8S R95W 6th PM. 700’ East of the West Section Line; 670’ North of the South Section Line. UTM North: 4360670.1 UTM East: 245785.9. Lower Terminus = NE NE S19 T8S R95W 6th PM. 410’ West of the East Section Line; 1270’ South of the North Section Line. UTM North: 4360288.9 UTM East: 239017.6. Date of initiation of appropriation: January 23, 2008. Date water applied to beneficial use: Water was first applied to beneficial use on January 23, 2008. How appropriation was initiated: At its regular meeting on January 23, 2008, the Colorado Water Conservation Board appropriated this water right pursuant to the Rules Concerning the Colorado Instream Flow and Natural Lake Program, 2 CCR 408-2. Amount of water claimed (ABSOLUTE): Instream flow of 2.8


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cfs (April 1 – July 15), 1.1 cfs (July 16 – March 31). Remarks: This appropriation is made pursuant to the provisions of Sections 37-92-102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S. (2007). The purpose of this appropriation by the State of Colorado is to preserve the natural environment to a reasonable degree. At its regular meeting on May 20, 2008, the Board determined that the natural environment will be preserved to a reasonable degree by the water available for the appropriation to be made; that there is a natural environment that can be preserved to a reasonable degree with the Board’s water right herein, if granted; and that such environment can exist without material injury to water rights. This Application is for an instream flow water right, exclusive to the CWCB pursuant to section 37-92-102(3) C.R.S., and as such there are no proposed diversion structures or storage involved, nor does it effect ground water described in section 37-90-137(4), C.R.S.. See City of Thornton By and Through Utilities Bd. v. City of Fort Collins, 830 P.2d 915, 931 (Colo.,1992) ("A minimum stream flow does not require removal or control of water by some structure or device. A minimum stream flow between two points on a stream or river usually signifies the complete absence of a structure or device."). Therefore, the notice provision contained in section 37-92-302(2)(b) C.R.S. is not applicable. (4 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of SEPTEMBER 2008 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 19. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF JULY 2008. 08CW102 GRAND COUNTY-WILLOW CREEK. District Court, Water Division 5, State Of Colorado, Garfield County Courthouse, 109 8th Street, Suite 104, Glenwood Springs, CO 8160, Concerning the Application for Water Rights of: Colorado Water Conservation Board, In Willow Creek, A Natural Stream, In The Watershed Of Colorado Headwaters (Increase), In Grand County, Colorado. Attorneys for the Colorado Water Conservation Board: John W. Suthers, Attorney General Amy F. Stengel*, Assistant Attorney General, 1525 Sherman Street, 5th Floor, Denver, CO 80203, Registration Number: 34565, *Counsel of Record. Application For Water Rights To Preserve The Natural Environment To A Reasonable Degree. Name of Applicant: Colorado Water Conservation Board, 1313 Sherman Street, Suite 721, Denver, CO 80203, (303) 866-3441. Name of natural stream: Willow Creek, Location: Legal description of the stream segment through which an instream flow is claimed: The natural stream channel from the confluence with Cabin Creek at latitude 40° 12’ 51.09”N and longitude 106° 3’ 3.49”W as the upstream terminus and extending to the Bureau of Land Management boundary at latitude 40° 11’ 33.19”N and longitude 106° 1’ 41.07”W as the downstream terminus, being a distance of approximately 2 miles. This segment can be located on the Cabin Creek U.S.G.S. quadrangle. For administrative purposes only: Upper Terminus = SE SE S18 T3N R77W 6th PM. 390’ West of the East Section Line, 180’ North of the South Section Line. UTM North: 4452060.4 UTM East: 410569.6. Lower Terminus = NW SW S28 T3N R77W 6th PM. 850’ East of the West Section Line, 2715’ North of the South Section Line. UTM North: 4449635.9 UTM East: 412489.9. Date of initiation of appropriation: January 23, 2008. Date water applied to beneficial use: Water was first applied to beneficial use on January 23, 2008. How appropriation was initiated: At its regular meeting on January 23, 2008, the Colorado Water Conservation Board appropriated this water right pursuant to the Rules Concerning the Colorado Instream Flow and Natural Lake Program, 2 CCR 408-2. Amount of water claimed (ABSOLUTE): Instream flow of 18 cfs (April 1 – July 31), 3 cfs (August 1 – November 30). Remarks: This appropriation is made pursuant to the provisions of Sections 37-92-102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S. (2007). The purpose of this appropriation by the State of Colorado is to preserve the natural environment to a reasonable degree. At its regular meeting on May 20, 2008, the Board determined that the natural environment will be preserved to a reasonable degree by the water available for the appropriation to be made; that there is a natural environment that can be preserved to a reasonable degree with the Board’s water right herein, if granted; and that such environment can exist without material injury to water rights. This Application is for an instream flow water right, exclusive to the CWCB pursuant to section 37-92-102(3) C.R.S., and as such there are no proposed diversion structures or storage involved, nor does it effect ground water described in section 37-90-137(4), C.R.S.. See City of Thornton By and Through Utilities Bd. v. City of Fort Collins, 830 P.2d 915, 931 (Colo.,1992) ("A minimum stream flow does not require removal or control of water by some structure or device. A minimum stream flow between two points on a stream or river usually signifies the complete absence of a structure or device."). Therefore, the notice provision contained in section 37-92-302(2)(b) C.R.S. is not applicable.(4 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of SEPTEMBER 2008 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.


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20. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF JULY 2008. 08CW103 MESA COUNTY-WALLACE CREEK. District Court, Water Division 5, State Of Colorado,Garfield County Courthouse, 109 8th Street, Suite 104, Glenwood Springs, CO 81601. Concerning the Application for Water Rights of: Colorado Water Conservation Board, In Wallace Creek, A Natural Stream, In The Watershed Of Colorado Headwaters-Plateau, In Mesa County, Colorado. Attorneys for the Colorado Water Conservation Board: John W. Suthers, Attorney General Amy F. Stengel*, Assistant Attorney General,1525 Sherman Street, 5th Floor, Denver, CO 80203, Registration Number: 34565, *Counsel of Record . Application For Water Rights To Preserve The Natural Environment To A Reasonable Degree. Name of Applicant: Colorado Water Conservation Board, 1313 Sherman Street, Suite 721, Denver, CO 80203, (303) 866-3441. Name of natural stream: Wallace Creek. Location: Legal description of the stream segment through which an instream flow is claimed: The natural stream channel from the headwaters in the vicinity of latitude 39° 19’ 7.7”N and longitude 107° 57’ 47.2”W as the upstream terminus and extending to the confluence with North Fork Wallace Creek at latitude 39° 21’ 9.38”N and longitude 108° 1’ 43.19”W as the downstream terminus, being a distance of approximately 4.78 miles. This segment can be located on the Hawxhurst Creek and Housetop Mountain U.S.G.S. quadrangles. For administrative purposes only: Upper Terminus = NE SW S35 T8S R95W 6th PM. 2330’ East of the West Section Line; 2150’ North of the South Section Line. UTM North: 4356343.1 UTM East: 244551.8. Lower Terminus = NE NE S19 T8S R95W 6th PM. 390’ West of the East Section Line; 1290’ South of the North Section Line. UTM North: 4360282.8 UTM East: 239025.3. Date of initiation of appropriation: January 23, 2008. Date water applied to beneficial use: Water was first applied to beneficial use on January 23, 2008. How appropriation was initiated: At its regular meeting January 23, 2008, the Colorado Water Conservation Board appropriated this water right pursuant to the Rules Concerning the Colorado Instream Flow and Natural Lake Program, 2 CCR 408-2. Amount of water claimed (ABSOLUTE): Instream flow of 1.5 cfs (April 1 – October 31), 0.6 cfs (November 1 – March 31). Remarks: This appropriation is made pursuant to the provisions of Sections 37-92-102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S. (2007). The purpose of this appropriation by the State of Colorado is to preserve the natural environment to a reasonable degree. At its regular meeting on May 20, 2008, the Board determined that the natural environment will be preserved to a reasonable degree by the water available for the appropriation to be made; that there is a natural environment that can be preserved to a reasonable degree with the Board’s water right herein, if granted; and that such environment can exist without material injury to water rights. This Application is for an instream flow water right, exclusive to the CWCB pursuant to section 37-92-102(3) C.R.S., and as such there are no proposed diversion structures or storage involved, nor does it effect ground water described in section 37-90-137(4), C.R.S.. See City of Thornton By and Through Utilities Bd. v. City of Fort Collins, 830 P.2d 915, 931 (Colo.,1992) ("A minimum stream flow does not require removal or control of water by some structure or device. A minimum stream flow between two points on a stream or river usually signifies the complete absence of a structure or device."). Therefore, the notice provision contained in section 37-92-302(2)(b) C.R.S. is not applicable. (4 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of SEPTEMBER 2008 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 21. 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 JULY 2008. 08CW104 Summit County; North Fork of the Snake River. Dundee Resort Development LLC, c/o Loyal E. Leavenworth, Esq., and Michael J. Sawyer, Esq., Leavenworth & Karp, P.C., P.O. Drawer 2030, Glenwood Springs, CO 81601. First Claim: Application for Finding of Reasonable Diligence. Name of structure: Arapahoe Basin Snowline Alternate Point of Diversion. Date of original decree: 7/30/2002, in Case No. 98CW95, District Court,Water Div. 5. Location: The Arapahoe Basin Snowline Alternate Point of Diversion is located at a point on the North Fork of the Snake River approximately 300 feet below its confluence with Porcupine Gulch flowing from the north, in the NE 1/4 NE 1/4 (estimated), Sec. 17, T. 5 S., R. 76 W, 6th PM, from which the SW corner of Sec. 17 bears S 34 degrees W a distance of 6, 100 feet. Said point of diversion located at Lat. 39 degrees 37' 20" north, Long. 105 degrees 54'57" west. Source: North Fork of the Snake River. Appropriation date: 12/17/1980. Amount: 1.1 c.f.s., conditional. Use: Artificial snowmaking. Second Claim: Application for Finding of Reasonable Diligence. Name of structure: Right of exchange from Green Mountain Reservoir to Midway Well via the Blue River, Dillon Reservoir, Snake River and North Fork of Snake River. Date of original decree: 9/14/1989, in Case No. 85CW614, District Court, Water Div. 5. In Case No. 98CW95, the Ruling stated “The appropriative rights of exchange decreed in Case Nos. 85CW614 and 92CW331 shall continue to apply to all of the water rights for the Arapahoe Basin Ski Area, as decreed in said cases and amended by the decree awarded herein.” Case No. 98CW95 included a claim for the Midway Well. Case No. 98CW95 set a diligence date for July 2008. Location: Midway Well: UTM Coordinates: 4,387,290m North, 425,350m East Zone 13. Latitude 39°38'2.89" North, Longitude 105°52'10.96 West. Practical location: NE 1/4


PAGE 18

NW 1/4 of Sec. 11, T. 5 S., R. 76 W, 6th PM, 458 from the N section line and 1391 feet from the W section line. Green Mountain Reservoir: Located on the Blue River in all or parts of Sections 7, 8, 16, 17, 18, 19, 20, 21, 28, 29 and 34 of T 2 S, R 79 W, and Sections 11, 12, 13, 14, 15 and 24 of T 2 S, R 80 W. 6th PM, Summit County. Source: Green Mountain Reservoir. Appropriation date: 1/23/, 1984. Amount: 30 g.p.m., conditional. Use: Commercial and domestic. Third Claim: Application for Finding of Reasonable Diligence. Name of structure: Right of exchange from Clinton Gulch Reservoir and Williams Fork Reservoir to Midway Well, via the Williams Fork River, the Blue River, Green Mountain Reservoir, Dillon Reservoir, the Snake River and the North Fork of the Snake River. Date of original decree: 5/21/1997, in Case No. 92CW331, District Court, Water Div. 5. In Case No. 98CW95, the Ruling stated “The appropriative rights of exchange decreed in Case Nos. 85CW614 and 92CW331 shall continue to apply to all of the water rights for the Arapahoe Basin Ski Area, as decreed in said cases and amended by the decree awarded herein.” Case No. 98CW95 included a claim for the Midway Well. Case No. 98CW95 set a diligence date for July 2008. Location: Midway Well: UTM Coordinates: 4,387,290m North, 425,350m East Zone 13. Latitude 39°38'2.89" North, Longitude 105°52'10.96 West. Practical location: NE 1/4 NW 1/4 of Sec. 11, T 5 S, R 76 W, 6th PM, 458 from the N section line and 1391 feet from the W section line. Williams Fork Reservoir: The decreed location of the reservoir is in Sections 23, 25, 26, 27, 34, 35 and 36, T 1 N, and Sections 1 & 2, T 1 S, all in R 79 W, 6th PM. Located in the channel of the Williams Fork River upstream from a dam located thereon, said dam more particularly described, to wit: The initial point of survey for said dam is located at the southeast end thereof whence the SE corner of Sec. 23, T 1 N, R 79 W, 6th P.M. bears S 24 degrees 53' east a distance of 2175 feet. Clinton Gulch Reservoir: The dam is located in the SW1/4 NW1/4 of Sec. 25, T 7 S, R 79 W, 6th P.M., at a point whence the N Quarter Corner of Sec. 25 bears N. 33 degrees 51'50" E. 2,840.44 feet. Source: Williams Fork Reservoir and Clinton Gulch Reservoir. Appropriation date: 7/21/1992. Amount: 30 g.p.m., conditional. Use: Commercial and domestic. Fourth Claim: Application to Make Conditional Water Right Absolute. Name of structure: Right of exchange from Clinton Gulch Reservoir and Williams Fork Reservoir to Arapahoe Basin Snowmaking Reservoir via the Williams Fork River, the Blue River, Green Mountain Reservoir, Dillon Reservoir, the Snake River and the North Fork of the Snake River. Date of original decree: May 21, 1997, in Case No. 92CW331, District Court in and for Water Division No. 5. In Case No. 98CW95, the Ruling stated “The appropriative rights of exchange decreed in Case Nos. 85CW614 and 92CW331 shall continue to apply to all of the water rights for the Arapahoe Basin Ski Area, as decreed in said cases and amended by the decree awarded herein.” Case No. 98CW95 included a claim for the Arapahoe Basin Snowmaking Reservoir. Case No. 98CW95 set a diligence date for July 2008. Location: Williams Fork Reservoir: The decreed location of the reservoir is in Sections 23, 25, 26, 27, 34, 35 and 36, T 1 N, and Sections 1 and 2, T 1 S, all in R 79 W, 6th P.M. Located in the channel of the Williams Fork River upstream from a dam located thereon, said dam more particularly described, to wit: The initial point of survey for said dam is located at the southeast end thereof whence the SE corner of Sec. 23, T 1 N, R 79 W, 6th P.M. bears S 24 degrees 53' east a distance of 2175 feet. Clinton Gulch Reservoir: The dam is located in the SW1/4 NW1/4 of Sec. 25, T 7 S, R 79 W, 6th P.M., at a point whence the N Quarter Corner of Sec. 25 bears N. 33 degrees 51'50" E. 2,840.44 feet. Arapahoe Basin Snowmaking Reservoir: UTM Coordinates: 4,388,034m North, 424,718m East Zone 13. Latitude 39 degrees 38'26.40" North, Longitude 105 degrees 52'38.34" West. Source: Williams Fork Reservoir and Clinton Gulch Reservoir. Appropriation date: 7/22/1992. Amount:2.0 AF. Use: Artificial snowmaking, domestic and commercial. Claim to make absolute: Dates water applied to beneficial use: December 1 through December 31, 2007. Amount: 2.0 AF. Use: Artificial snowmaking. Description of place of use where water is applied to beneficial use: Arapahoe Basin Ski Area, generally located in Sec. 11, T 5 S, R 76 W, 6th P.M. During the period of 12/1/2007 to 12/31/2007, Applicant used 13.8 AF of water for artificial snowmaking. This water was diverted, in part, to the Arapahoe Basin Snowmaking Reservoir, prior to use for artificial snowmaking. Applicant reported its diversions and fill of the Arapahoe Basin Snowmaking Reservoir to the Clinton Ditch and Reservoir Company which requested release of 13.8 AF of water from Williams Fork Reservoir during this period to facilitate the exchange. Applicant seeks to make this exchange in the amount of 2.0 AF absolute for snowmaking purposes. Applicant requests a finding of reasonable diligence for the exchange of 2.0 acre-feet, conditional, from Clinton Reservoir and William Fork Reservoir to the Arapahoe Basin Snowmaking Reservoir for domestic and commercial purposes. Fifth Claim: Application to Make Conditional Water Right Absolute. Name of structure: Midway Well (Well Permit No. 64070-F). Date of original decree: 9/14/1989 in Case No. 85CW614, District Court, Water Div. 5. Location of the Midway Well changed in Case No. 98CW95. Location: NE 1/4 NW 1/4 (estimated) in Sec. 11, T 5 S, R 76 W at a point from which the NW Corner of Sec. 6, T 5 S, R 76 W bears N73'W a distance of 23,750 feet. On 7/30/2002 in Case No. 98CW95, the location of the Midway Well was changed to its actual location as follows: UTM Coordinates: 4,387,290m North, 425,350m East Zone 13. Latitude 39°38'2.89" North, Longitude 105°52'10.96 West. Practical location: NE 1/4 NW 1/4 of Sec. 11, T 5 S, R 76 W, 6th P.M., 458 from the N section line and 1391 feet from the W section line. Source: Underground water tributary to the North Fork of the Snake River. Appropriation date: 9/12/1985. Amount: 30 g.p.m., conditional. Use: Domestic and commercial. A copy of the well permit, well construction report, and pump installation and test report are attached as Exhibit A. Claim to make absolute: Date water first applied to beneficial use: February 8, 2007. Amount of water applied to beneficial use: 15 g.p.m. Use: Domestic and commercial. Description of place of use where water is applied to beneficial use: In Arapahoe Basin at the area known as Midway. The Arapahoe Basin Ski Area is generally located in Sec. 11, T 5 S, R 76 W, 6th P.M. Claim for diligence: Applicant requests a finding of diligence for the remaining 15 g.p.m., conditional, for the Midway Well for domestic and commercial uses. The Application provides a detailed outline of what has been done towards the development of the above five conditional water rights, including expenditures.The structures referenced in this Application are located on Property owned by Applicant or property owned by the U.S. Forest Service. (11 pages)


PAGE 19

YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of SEPTEMBER 2008 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 22. 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 JULY 2008. 91CW278 EAGLE COUNTY, Spruce Grove Ditch, Antelope Creek. Motion to Revoke Abandonment Order Concerning the Spruce Grove Ditch. Iva Laman, c/o Balcomb & Green, P.C., P. O. Drawer 790, Glenwood Springs, Colorado 81601, 970/945-6546. This Motion is made pursuant to Rule 60(a), C.R.C.P. In Case C.A. 295, Priority No. 134 for Water District 53 in Eagle County, 1.6 c.f.s., was decreed as a conditional water right to the Spruce Grove Ditch which diverts from Antelope Creek, tributary to the Colorado River, on November 20, 1890 with an appropriation date of July 23, 1890 for irrigation. This water right was made absolute on November 14, 1894. Its decreed location is 50 yards north west from the north ¼ corner, Sec. 2, T.2 S. R. 84 W. of the 6th P.M. Relevant portions of the Decree are attached to the Motion as Exhibit A on file with the Water Court. Applicants acquired the title to the lands irrigated and served by the Spruce Grove Ditch in 1975. Applicants have owned said real property and the subject water right since acquisition and have irrigated the property and beneficially used all the water available continuously since that time. Applicants continue to use and rely upon this water right, have not formed the intent to abandon the Spruce Grove Ditch, nor have they conveyed the real property or water right to other persons. For the reasons stated in the Application, Applicants assert that the Water Court’s Order of March 30, 1999 in the above captioned case listing the water right for the Spruce Grove Ditch as abandoned was the result of a mistake and that this water right be reinstated under its original decree. (6 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of SEPTEMBER 2008 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 23. 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 JULY 2008. 99CW194 Application of Town of Eagle, Brush Creek, Eagle River, Eagle County. Amendment to Application. The purpose of this Fourth Amended Application is to include a Change of Water Right for the Irrigation Water Rights described in the Application and below: The Upper Frost Ditch, Staton and Cissna Ditch and OIF Ditch and water rights are as described in this or previous applications filed in this case. Some or all of these water rights will also be moved to be diverted at the Town’s Upper Water Treatment Plant as described in the Application in the amounts as owned by the Town for the Staton and Cissna Ditch, OIF Ditch and the Upper Frost Ditch. They will be changed to be used for municipal, domestic, irrigation, commercial, industrial, fire protection and other beneficial uses for the Town of Eagle and all of its water customers. This Fourth Amended Application also adds the following irrigation water right that may be used for augmentation: The Upper Frost Ditch described as follows:

Structure Name

Adjud Date

Case No.

Amount (cfs)

Dry up for

Augment (acres)*

Upper Frost Ditch

3/5/1901 385 .60 Approx 20

Upper Frost Ditch (enl)

10/03/1936 963 .60 Approx 20

* This amount is not the total for all priorities in the Ditch. It is located on Brush Creek in the NW ¼ NW¼ of Section 36, Township 5 South, Range 84 West of the 6th P.M., at a point approximately 1000 feet from the North section line and 1350 feet from the West section line. Source: Brush Creek. Uses: irrigation. Owner of Land upon which point of diversion is located: Kummer Development Corporation who is an Objector in the case. The location of the land to be dried up is in Sections 25 and 36, T 5 S, R 84 W of the 6th P.M. and owned by Kummer Development Corporation, a party hereto. The development to be augmented and for which the changed


PAGE 20

water rights will be used is outside of the town limits. All of the units will be on ISDS, and the domestic uses therein are 15% consumptive. Annual diversions for in house use will be 350 gallons per household per day for up to 247 equivalent residential uses. The Upper Frost Creek Ditch acreage historically irrigated is within approximately 500 feet of Brush Creek. All historic return flows to Brush Creek occur within a very short period of time. All other aspects of the previous applications and amendments shall remain unchanged. (4 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of SEPTEMBER 2008 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 24. 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 JULY 2008. 99CW195 Town of Eagle, Eagle River, Eagle County. Fourth Amended Application. The Applicant will divert water from the Town’s water treatment plant as set forth in the previous application but may also in conjunction with or alternately with said Upper Water treatment plant divert water from the Town’s New Lower Water Treatment Plant described herein and in Case No. 05CW282, District Court in and for Water Division No. 5, which application is incorporated herein by this reference. Town’s New Lower Water Treatment Plant: Town Lower Intake No. 1 the point of diversion will be located on Brush Creek in the S1/2 of the NW¼ of Sec 5, and the SE ¼ NE ¼ Sec 6, T 5 S, R 84 W of the 6th P.M. at a point approx. 1735 feet from the North Section Line and 25 feet from the East Section Line of said section. Source: Brush Creek, trib to the Eagle River. Amount Claimed: 10 c.f.s. conditional. Use or proposed use: Municipal, irrigation, domestic, commercial, industrial, fire protection and other beneficial uses for the Town of Eagle and all of its water customers. Owner of land upon which diversion point may be located: Applicant. Town Lower Intake Diversion Point No. 2 the point of diversion will be located on the Eagle River in the SE1/4 NE¼ of Sec 6, T 5 S, R 84 W of the 6th P.M. at a point approx. 1665 feet from the North section line and 195 feet from the East section line. Source: Eagle River. Amount Claimed: 10 cfs cond. Proposed uses: Municipal, irrigation, domestic, commercial, industrial, fire protection and other beneficial uses for the Town of Eagle and all of its water customers. Owner of Land upon which point of diversion is located: Applicant. For all: Date of initiation of appropriation: 4/21/99. How appropriation was initiated: Town Board action to acquire water rights and to construct a lower treatment plant, engineering and field studies including location for the plant, engineering and legal studies regarding the need and feasibility of a lower treatment plant and continued field investigation to confirm feasibility. The Town applied in Case No. 05CW282 to allow the water rights described in this application to be diverted at the Lower Water treatment Plant as an alternate or additional points of diversion: Town of Eagle Gravity Water System decreed on July 23, 1958, in Civil Action No. 1193 in the District Court in and for Eagle County, with a priority date of October 12, 1953, and made absolute in Civil Action No. 1193 in the District in and for Eagle County, on November 21, 1960, for 1.24 cfs for domestic, municipal, and other purposes, decreed on December 30, 1977, in Case No. W-3362, Water Division No. 5, for 1.76 cfs conditional, for municipal and other purposes with an appropriation date of June 24, 1970, of which 0.9 cfs was made absolute in Case No. 85CW589, leaving 0.86 cfs conditional, and decreed on December 30, 1977, in Case No. W-3362, Water Division No. 5, for 7.0 cfs conditional, for municipal and other purposes, with an appropriation date of January 28, 1977, each with a decreed point of diversion on the easterly bank of Brush Creek whence Corner No. 4 of Tract 86, Sections 35 and 36, T 5 S, R 84 W of the 6th P.M. bears N 26°49’20” E 1,062.99 feet. Town of Eagle Brush Creek Intake decreed on December 16, 1981, in Case No. W-3678, Water Division No. 5, for 10 cfs with an appropriation date of November 30, 1977, with decreed alternate points of diversion located on East Brush Creek in Sec 18, T 6 S, R 83 W of the 6th PM, at appoint whence the Northeast corner of said Section 18 bears N 79°00’E 3340 feet; and on West Brush Creek in Sec 18, T 6 S, R 83 W of the 6th PM at a point whence the Northeast corner of said S 18 bears N 79°30’E, 6300 feet. Eagle Waste Water Treatment Plant and Final Treatment Pipeline decreed in Case No. W-3676 on June 3, 1980 for 6 c.f.s. conditional for municipal and other purposes with an appropriation date of November 1977 with decreed alternate points of diversion at (a) a point on the NW abutment of the wastewater treatment pond located in Sec 6 T 5 S, R 84 W 6th P.M. whence the NW Corner of said Sec 6 bears N 68°30’ West a distance of 5050 feet; and (b) a point located in Sec 6 T 5 S, R 84 W of the 6th P.M. whence the NW corner of said Sec 6 bears N 70°30’ West a distance of 5240 feet. Town of Eagle Augmentation Station decreed in Case No 87CW739, Water Div No 5, on July 21, 1987 for 2 c.f.s., conditional for irrigation, municipal domestic, commercial, fire protection, recreation, aesthetic, augmentation and exchange and all other beneficial uses; with appropriation date of 12/21/1984 and decreed point of diversion located near the south bank of the Eagle River in the NE ¼ NW1/4 Sec 5, T 5 S, R 84 W of the 6th P.M. at a point whence Corner No.1 of Tract 46D bears N 77° 9’ E 633 feet. The Owner of Land upon which the points of diversion are located: Applicant. Applicant amends the Application to include a Change of Water Right for the Irrigation Water rights described in the Application and below. The Frost Ditch, Staton and Cissna Ditch and E.J. Fulford Ditch water rights are described in this or previous applications filed in this case. All or some of these water rights will also be moved to be diverted at the Town’s Upper and Lower Water Treatment Plants as they are described above in the amounts as owned by the Town for the Staton and Cissna Ditch, E.J. Fulford Ditch and the Frost Ditch. They


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will be changed to be used for municipal, domestic, irrigation, commercial, industrial, fire protection and other beneficial uses for the Town of Eagle and all of its water customers. Water rights to be used for augmentation: The E.J. Fulford Ditch will continue to be used as pled. The Staton and Cissna Ditch may be eliminated and not used for augmentation nor changed in the final decree. The Frost Ditch is added as an augmentation source for the uses in Town as follows:

Structure Name

Adjudication Date

Case No.

Amount for

Augmentation (cfs)

Dry up for

Augmentation (acres)*

Frost Ditch 12/17/1889 294 Tbd Up to 85 acres

Frost Ditch (enl)

3/5/1901 385 Tbd Up to 85

Frost Ditch (enl)

10/03/1936 963 Tbd Up to 85

* This amount is not the total for all priorities in the Ditch. The point of diversion is located on Brush Creek in the NW ¼ SW¼ of Sec 25, T 5 S, R 84 W of the 6th P.M. at a point approx. 1500 feet from the South section line and 1650 feet from the West section line. Sec 25 is an irregular section. Source: Brush Creek. Uses: irrigation. Owner of Land upon which point of diversion is located: Kummer Development Corporation which is an Objector in the case. The location of the land to be dried up is in Sec 24 and 25, T 5 S, R 84 W of the 6th P.M. and is land owned by Kummer Development Corporation. The area to be augmented and for which the changed water rights will be used is within and near the Town limits. The Town’s waste water treatment plant will provide the sewer treatment for the development and the depletions are for the domestic use is 5% of the diversions if water is diverted at the lower plant. The return flow will be to Brush Creek and/or the Eagle River at or downstream from the diversion point of the Town’s of Lower Water Treatment Plant. The ultimate annual potable water diversions will be 129.26 acre feet per year. The annual potable water stream depletion to Brush Creek and/or the Eagle River is 46 acre feet using 5% losses. Diversions at the lower treatment plant allow for the actual depletion to be augmented rather than the diversion amount. The Frost Creek ditch diverts water and the acreage historically irrigated is within approximately 500 feet of Brush Creek. All historic return flows return to Brush Creek within a very short period of time. All other aspects of the previous applications and amendments shall remain unchanged. (7 pages). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of SEPTEMBER 2008 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 25. 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 JULY 2008. 05CW255 COLORADO RIVER, MESA AND RIO BLANCO COUNTIES. Shell Frontier Oil & Gas Inc., Attn: Keith M. Etzel, Staff Land Rep, P. O. Box 576, Houston, TX 77001-0576, (281) 544-3177, c/o its attorneys: Mark A. Hermundstad, Williams, Turner & Holmes, P.C., P.O. Box 338, Grand Junction, CO 81502, (970) 242-6262. Amended Application for Surface Water Rights. Paragraph 3 of the Application filed in this matter has been amended to revise the location of the point of diversion of the Shell Colorado River Pumping Plant. The revised location is described as follows: A point located on the North bank of the Colorado River in the SE1/4 NE1/4 of Section 13, Township 1 North, Range 3 West of the Ute Meridian, Mesa County, Colorado and being more particularly described as being approximately 1,957 feet from the North line and 558 feet from the East line of said Section 13. A map showing the location of this point of diversion is attached to the Amended Application. Paragraph 8 of the Application filed in this matter has been amended to revise the name and address of the owner of the real property upon which the above described point of diversion is located. This point of diversion is located on land owned by Chevron Shale Oil Company, Attn: Land Manager, 11111 S. Wilcrest Dr., Houston, TX 77099. The remaining paragraphs of the original Application filed in this matter have not been amended. (5 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of SEPTEMBER 2008 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.


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26. 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 JULY 2008. 06CW245 IN EAGLE COUNTY, COLORADO. AMENDED APPLICATIONFOR WATER RIGHTS AND APPROVAL OF PLAN FOR AUGMENTATION AND EXCHANGE. CONCERNING THE APPLICATION FOR WATER RIGHTS OF BARBARA F. AND RICHARD E. WENNINGER, IN THE COLORAD RIVER AND ITS TRIBUTARIES, IN EAGLE COUNTY. DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO, 109 8th Street, Suite 104, Glenwood Springs, CO 81601. 1. Name and address of Applicants: Barbara F. & Richard E. Wenninger, 0204 (Red Creek Trail) Forest Service Road 425, 14000 Gypsum Creek Road, Gypsum, CO 81637. Direct all pleadings to: Glenn E. Porzak, Thomas W. Korver, Porzak Browning & Bushong LLP, 929 Pearl Street, Suite 300, Boulder, CO 80302, (303) 443-6800. 2. Amendment of appropriation date: December 8, 2006 for all rights. 3. Amendment of uses: Paragraph 8 of the Application is amended to add augmentation as a beneficial use for Red Creek Pond Nos. 1-3 and Red Creek Ditch No. 1. 4. Amendment of addresses of owners of land on which structures or use is located: The headgate for Red Creek Ditch No. 1 and a portion of the ditch are located on property owned by Carol Collins. Her address is PO Drawer 2820, Beaver Creek, CO 81620. 5. Amendment of plan for augmentation: Based on surface evaporation of 2.0 acre-feet per surface acre and a total surface area for the three ponds of 0.15 acres, annual evaporative loss of water from the subject ponds is estimated to be 0.3 acre-feet per year. An additional 5% is included to account for transit loss. Out-of-priority stream depletions for the structures described in paragraphs 3-8 of the Application will be replaced either by exchange with water released from Wolford Mountain Reservoir or with releases of water stored in Red Creek Pond Nos. 1, 2 & 3 as follows. (A) Applicants have obtained a water service contract from the Colorado River Water Conservation District for 0.5 acre-feet of water per year to come from Wolford Mountain Reservoir, which consists of the following water rights: [Described in paragraphs 10(1), (2) and (3) of the Application] (B) The upstream terminus of the augmentation by exchange is Red Creek Ditch No. 1 as described in paragraph 4 of the Application. The downstream terminus is the confluence of the Colorado and Eagle Rivers. The rate of exchange is 1.0 cfs with an appropriation date of December 8, 2006. (C) When diversions into Red Creek Ditch No. 1 and surface evaporation from Red Creek Pond Nos. 1, 2 & 3 are out-of-priority as against any valid downstream call between the Ponds and the confluence of the Eagle and Colorado Rivers, the net out-of-priority stream depletions resulting from said diversions, surface evaporation and all other consumptive uses will be fully replaced by releases of water stored in Red Creek Pond Nos. 1, 2 & 3. 6. Application Remains Unchanged: Except as expressly amended herein, the remainder of the December 8, 2006 Application, as published in the December 2006 resume, remains unchanged. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of SEPTEMBER 2008 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601. 27. 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 JULY 2008. 07CW90 Mesa County, Colorado River. Application of Richard and Padte M. Turley; 2962 A ½ Road, Grand Junction, CO 81503, c/o Sherry A. Caloia, Sherry A. Caloia, LLC, 1204 Grand Ave., Glenwood Springs, CO 81601. (970) 945-6067. Purpose of Amendment: An Application for Water Surface Rights was filed with this Court on May 4, 2007. Subsequent to the filing of that application, the Report of the Division Engineer revealed that its field inspection found the structure to be in the SW ¼ of Section 1, rather than in the SE ¼ of Section 2, as provided in the original application. In their First Amended Application, when Applicants changed the location of the structure to Section 1, they failed to make adjustments for the fact that the original measurement in Case No. 87CW223 used the section corner as a point of reference, rather than section lines. Therefore, as first amended, the location of the structure locates Turley Spring on Bureau of Land Management (“B.L.M”) land. This Second Amended Application contains the correct legal description of the Turley Spring as distances from the section lines of Section 1, confirming that the Turley Spring is located on land owned by Applicants. Application for Water Right: Turley Spring. Legal description: Located in the SW1/4 SW1/4 of Sec 1, T9S, R95W of the 6th P.M. at a point 416.4 feet from the South Section line and 434 feet from the West Section line of said Section 1. Source: Kimball Creek, trib to Plateau Creek, trib to the Colorado River. Date of initiation of appropriation: September 15, 1960, for filling the pond and April 1, 2001 for irrigation purposes. How appropriation was initiated: by use of the water, development of the property and formation of the intent to use water for beneficial purposes. Date applied to beneficial use: Approx. July 1960. Amount: .022 c.f.s. absolute, .022 c.f.s. cond. Uses: .022 c.f.s. absolute to fill theTurley Pond for recreational, aesthetic and piscatorial purposes,.022 c.f.s. conditional for irrigation. Number of acres proposed to be irrigated: 0.2. Legal description of the acreage to be irrigated: Beginning at a point which bears N 88º00’36” E, 1191.11 ft; N 00º15’45”W 1318.08 ft; and N 07º56’22”W 115.44 ft from the SW corner of the NE ¼ NE ¼ of Sec 11, T. 9 S, R. 95W, 6th P.M. thence 580º02’W1820.19 feet to the center line of county road as described in Book 884, pages 424 through 428, Mesa County Records; thence following the centerline of said road


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930.47 feet in a northerly direction, thence leaving road center line N88º01’48”E 1604.43 feet; thence S07º56’22”E 942.98 feet to the point of beginning, except the west 20 feet of said parcel lying within county right-of-way Name and address of owner of the land upon which the structure is located: Applicants. Application for water storage right: Turley Pond. Legal description: Located in the SW1/4 of Sec 1, T 9 S, R 95 W of the 6th P.M. Source: Turley Spring and Kimball Creek, trib to Plateau Creek, trib to the Colorado River. Date of initiation of appropriation: September 15, 1960. How appropriation was initiated: construction of the Pond, filling of Pond, and use of Pond for piscatorial, recreational, and aesthetic uses. Date applied to beneficial use: September 15, 1960. Amount: 1 acre foot absolute. Dam height; under 10 feet. Depth: 10 feet . Dead Storage: All. Uses: Piscatorial, recreational and aesthetic. Name and address of owner of the land upon which pond is located: Applicants. (4 pages). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of SEPTEMBER 2008 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $158.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

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