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DIVISION 5 WATER COURT- JUNE 2020 RESUME

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

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

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

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

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

20CW3063 PITKIN COUNTY. Application for Finding of Reasonable Diligence and to Make Absolute. Whitney H. Marvin

Revocable Trust, c/o Scott Grosscup, Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602; 970-945-6546.

Summary of Application: Applicant requests a finding of reasonable diligence in the development of the cond. water right for the

WhitMar Exchange. Name of Exchange: WhitMar Exchange. Upstream Terminus: The Williams No. 4 Ditch, located in the SW1/4

of the NE1/4 of Sec. 2, T. 9 S., R. 86 W., 6th P.M. at a pt. 2,028 ft. from the N. Sec. Line and 2,550 ft. from the E. Sec. Line of said Sec.

2. Downstream Terminus: Varies depending upon source of aug. supply as decreed in Case No. 13CW3038: For releases from Green

Mountain Reservoir: the confluence of the Colorado River and the Roaring Fork River and located in the SE1/4 of the NW1/4 of Sec.

9, T. 6 S., R. 89 W., 6th P.M., at a pt. approx. 2,200 ft. from the N. Sec. line and 2,350 ft. from the W. Sec. line. For releases from Ruedi

Reservoir and Troy and Edith Ditch credits: the confluence of the Roaring Fork River and Fryingpan River and located in the SW1/4 of

the SE1/4 of Sec. 7, T. 8 S., R. 86 W., 6th P.M., at a pt. approx. 750 ft. from the S. Sec. line and 1500 ft. from the E. Sec. line. For

Robinson Ditch Credits: The pt. of diversion as decreed is located on the N. bank of the Roaring Fork River one-half mile below the

mouth of Sopris Creek in Sec. 11, T. 8 S., R. 87 W., 6th P.M. Amt.: 0.02 cfs, cond., with total diversions not to exceed 1.1 AF. Date

of Approp.: 8/28/2013. Diligence Activities: In the diligence period preceding the filing of this Application, Applicant has diligently

pursued development of the WhitMar Exchange. Examples of work done to establish diligence are on file with this court. Claim to Make

Absolute: As described in Exhibit A of application, Applicant has diverted water pursuant to the WhitMar Exchange as follows: Date

of beneficial use: 7/17/2018. Amt. applied to beneficial use: 0.01 cfs, by diversion by exchange to fill the WhitMar Pond from the

Williams No. 4 Ditch, WhitMar Enlargement as decreed in Case No. 13CW3037. Remarks: Applicant will relinquish the remaining

0.01 cfs, cond., to the WhitMar Exchange as the cumulative max. rate of exchange necessary to operate the plan for aug. is 0.01 cfs up

to 1.1 AF per year in recognition that the Pitkin County recreational in-channel diversion (RICD) decreed in Case No. 10CW305 is

subordinate to the WhitMar Exchange pursuant to paragraph 24.F of the 10CW305 Decree.

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

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

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

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

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






20CW3064 EAGLE COUNTY. COLORADO RIVER. Application for Finding of Reasonable Diligence. Applicants: Merrill and

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

Applicants request a finding of reasonable diligence in the development of the cond. water right for the B&B Pump & Pipeline (“Subject

Water Right”). Prior Decree Info.: The Subject Water Right was orig. decreed in Case No. Case No. 96CW252, entered on 6/9/1997,

with subsequent diligence in Case No. 13CW3082, entered 6/2/2014, District Court, Water Division No. 5. Structure: B&B

Pump and Pipeline. Decreed Location: The pt. of diversion is located on the East bank of the Colorado River at a pt. in the

NW 1/4, SW ¼, Sec. 34, T. 3 S., R. 86 W., 6th P.M. at a pt. 2,600 ft. N. of the S. Sec. line and 1,300 ft. E. of the W. Sec.

line. See the map as shown on Exhibit A attached to app. Source: Colorado River. Approp. Date: 12/29/1995. Amt: 2.0 c.f.s,

cond.; Applicants are the owner of 1.78 c.f.s. out of the 2.0 c.f.s. originally decreed to the water right. Use: Irr. of 100 acres;

pasture grass and stockwater. The area originally contemplated for irr. is depicted on Exhibit B attached to app. Applicants’

ownership interest in this water right equates to 89 acres of irrigated area. Remarks: The subject water right is operated in

conjunction with the plan for aug., including exchange, decreed in Case No. 96CW252. Name and address of owner of the land

upon which the structure is located, or upon which water is or will be placed to beneficial use: Applicants. In the diligence period

preceding the filing of this Application, Applicants have diligently pursued development of the Subject Water Right. Examples of work

done and expenditures to establish diligence are on file with this Court. 5 pgs.









JUNE 2020 RESUME

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PAGE 2



20CW3065 GARFIELD COUNTY. ROARING FORK RIVER. Application for Finding of Reasonable Diligence and to Make

Absolute, in Part. Applicant: Roaring Fork Water & Sanitation Dist., c/o Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs,

CO 81602; 970-945-6546. Summary of Application: Applicant requests a finding of reasonable diligence in the development of the

cond. water rights for the Posy Pump and Pipeline and the Robertson Ditch, Rose Enlargement and confirmation that a portion of the

Robertson Ditch, Rose Enlargement be made absolute as described herein. Name of Structure: Posy Pump and Pipeline. Info. from

previous decrees: Orig. Decree, Case No. 97CW236, Dist. Court, Water Division 5, entered 3/22/1999. Subsequent decrees awarding

diligence, Case No. 05CW053, Dist. Court, Water Division 5, entered 8/24/2006 and Case No. 12CW134, Dist. Court, Water Division

5, entered 1/1/2014. Decreed location: A surface water diversion source located in Government Lot 17 of Sec. 1, T. 7 S., R. 89 W., 6th

P.M. at a pt. whence the N.W. corner of said Sec. 1 bears N. 57˚02’42” W. a dist. of 3,799.13 ft. This structure can also be approx.

plotted as being 2,290 ft. from the E. Sec. line and 2,300 ft. from the S. Sec. line. Alt. pts. of diversion: In Case No. 00CW019, the Posy

Pump and Pipeline water right was decreed Alt. pts. of diversion at the Coryell Ranch Wells 1-14.

Location of Coryell Ranch Wells 1-14

in T. 7 S., R. 88 W. of the 6th P.M.

Well No.

Quarter Quarter

Location in

Sec. 29

Dist. from

N. line of

Sec. 29

Dist. from

E. Line of

Sec. 29

1 NE NE 1268.54 1021.95

2 SW NE 1849 2064.12

3 SE NE 2086.54 86.95

4 SE NE 1808.54 301.95

5 SE NE 1508.54 486.95

6 NE NE 1218.54 666.95

7 NE NE 928.54 966.95

8 NW NE 774 1284.12

9 SW NE 1469 1284.12

10 SW NE 1609 1604.12

11 SW NE 1739 1839.12

12 NW NE 879 1619.12

13 SE NE 1733.54 831.95

14 SE NE 1873.54 971.95

Alt. pts. of diversion. Pursuant to the decree in Case No. 12CW132, Alt. pts. of diversion were decreed for the Aspen Glen Wells. The

Aspen Glen Wells Nos. 1 through 7 are located in T. 7 S., R. 88 W., 6th P.M., in Garfield County, Colorado as follows: Aspen Glen Well

No. 1 located in the SE1/4 SW1/4, Sec. 20, 660 ft. from the S. Sec. line and 1555 ft. from the W. Sec. line of said Sec. 20. Aspen Glen

Well No. 2 located in the NW1/4 NE1/4, Sec. 29, 768 ft. from the N. Sec. line and 2200 ft. from the E. Sec. line of said Sec. 29. (Well

Permit No. 61405). Aspen Glen Well No. 3 located in the NW1/4 NE1/4, Sec. 29, 508 ft. from the N. Sec. line and 1794 ft. from the E.

Sec. line of said Sec. 29. (Well Permit No. 61406). Aspen Glen Well No. 4 located in the NW1/4 NE1/4, Sec. 29, 788 ft. from the N.

Sec. line and 2462 ft. from the E. Sec. line of said Sec. 29. (Well Permit No. 61407). Aspen Glen Well No. 5 located in the NW1/4

NE1/4, Sec. 29, 703 ft. from the N. Sec. line and 2038 ft. from the E. Sec. line of said Sec. 29. Aspen Glen Well No. 6 located in the

NW1/4 NE1/4, Sec. 29, 393 ft. from the N. Sec. line and 2270 ft. from the E. Sec. line of said Sec. 29. Aspen Glen Well No. 7 located

in the NE1/4 NW1/4, Sec. 29, 447 ft. from the N. Sec. line and 2627 ft. from the W. Sec. line of said Sec. 29. Source: Roaring Fork

River. Approp. Date: 5/2/1997. Amt.: Applicant owns an undivided 1.83 c.f.s. of the 7.5 c.f.s., cond. (0.17 cfs was cancelled in Case

No. 12CW134). Use: Irr. of up to 201.3 acres total in conjunction with the Robertson Ditch, Rose Enlargement. The irrigated land is

located in parts of Sec. 35, T. 6 S., R. 89 W., 6th P.M., and Secs. 1, 2 and 12, T. 7 S., R. 89 W., 6th P.M. The above-referenced water

right is used for dom. delivery of water into storage, comm. for a golf course and related facilities, fire prot., and to serve as a potable

water supply system for a golf course/residential development of up to 550 EQR’s. Remarks: Applicant may divert no more than a total

of 1.83 c.f.s. under the Posy Pump and Pipeline and the Robertson Ditch, Rose Enlargement at any given time. A map showing the

locations of the Posy Pump and Pipeline and Alt. pts. of diversion is attached as Exhibit A. Structure: Robertson Ditch, Rose

Enlargement. Info. from previous Decrees: Orig. Decree, Case No. 97CW236, Dist. Court, Water Division 5, entered 3/22/1999.

Subsequent decrees awarding diligence, Case No. 05CW053, Dist. Court, Water Division 5, entered 8/24/2006 and Case No. 12CW134,

Dist. Court, Water Division 5, entered 6/1/2014. Decreed location: Located on the Westerly bank of the Roaring Fork River at a pt.

whence the SE corner of Sec. 12, T. 7 S., R. 89 W., 6th P.M. bears N. 27º 56’ W. 2,788.14 ft. (The Robertson Ditch, Rose Enlargement

has the same pt. of diversion as the Robertson Ditch.). Alt. pts. of diversion: In Case No. 00CW019, the Robertson Ditch, Rose

Enlargement water right was decreed Alt. pts. of diversion at the Coryell Ranch Well Nos. 1 through 14 described as follows:

Location of Coryell Ranch Wells 1-14

in T. 7 S., R. 88 W. of the 6th P.M.

Well No.

Quarter Quarter

Location in

Dist. from

N. line of

Dist. from

E. Line of

JUNE 2020 RESUME

WATER DIVISION 5

PAGE 3

Sec. 29 Sec. 29 Sec. 29

1 NE NE 1268.54 1021.95

2 SW NE 1849 2064.12

3 SE NE 2086.54 86.95

4 SE NE 1808.54 301.95

5 SE NE 1508.54 486.95

6 NE NE 1218.54 666.95

7 NE NE 928.54 966.95

8 NW NE 774 1284.12

9 SW NE 1469 1284.12

10 SW NE 1609 1604.12

11 SW NE 1739 1839.12

12 NW NE 879 1619.12

13 SE NE 1733.54 831.95

14 SE NE 1873.54 971.95

Alt. pts. of diversion: Pursuant to the decree in Case No. 12CW132, Alt. pts. of diversion were decreed for the Aspen Glen Wells. The

Aspen Glen Wells Nos. 1 through 7 are located in T. 7 S., R. 88 W., 6th P.M., in Garfield County, Colorado as follows: Aspen Glen

Well No. 1 located in the SE1/4 SW1/4, Sec. 20, 660 ft. from the S. Sec. line and 1555 ft. from the W. Sec. line of said Sec. 20. Aspen

Glen Well No. 2 located in the NW1/4 NE1/4, Sec. 29, 768 ft. from the N. Sec. line and 2200 ft. from the E. Sec. line of said Sec. 29.

(Well Permit No. 61405). Aspen Glen Well No. 3 located in the NW1/4 NE1/4, Sec. 29, 508 ft. from the N. Sec. line and 1794 ft. from

the E. Sec. line of said Sec. 29. (Well Permit No. 61406). Aspen Glen Well No. 4 located in the NW1/4 NE1/4, Sec. 29, 788 ft. from

the N. Sec. line and 2462 ft. from the E. Sec. line of said Sec. 29. (Well Permit No. 61407). Aspen Glen Well No. 5 located in the

NW1/4 NE1/4, Sec. 29, 703 ft. from the N. Sec. line and 2038 ft. from the E. Sec. line of said Sec. 29. Aspen Glen Well No. 6 located

in the NW1/4 NE1/4, Sec. 29, 393 ft. from the N. Sec. line and 2270 ft. from the E. Sec. line of said Sec. 29. Aspen Glen Well No. 7

located in the NE1/4 NW1/4, Sec. 29, 447 ft. from the N. Sec. line and 2627 ft. from the W. Sec. line of said Sec. 29. Source: Roaring

Fork River. Approp. Date: 10/9/1997. Amt.: Applicant owns an undivided 2 c.f.s. of the 7.5 c.f.s., cond. of that, 0.17 c.f.s. was made

absolute for dom. and comm. use within the Ironbridge PUD and at the Ironbridge Golf Course leaving 1.83 c.f.s. cond. for dom. and

comm. use. The full 2.0 c.f.s. remains cond. for irr. use. Use: Irr. of up to 201.3 acres. The irrigated land is located in parts of Sec. 35,

T. 6 S., R. 89 W., 6th P.M., and Secs. 1, 2 and 12, T. 7 S., R. 89 W., 6th P.M. The above-referenced water right is used for dom., delivery

of water into storage, comm. for a golf course and related facilities, fire prot., and to serve as a potable water supply system for a golf

course/residential development of up to 550 EQR’s. Remarks: Applicant may divert no more than a total of 2 c.f.s. under the Posy

Pump and Pipeline and the Robertson Ditch, Rose Enlargement at any given time. Diligence Activities: In the diligence period preceding

the filing of this Application, Applicant has diligently pursued development of the Subject Water Rights. Examples of work done to

establish diligence are on file with this Court. Claim to Make Absolute, in Part: Name of Structure: Robertson Ditch, Rose Enlargement.

Date water applied to beneficial use: 6/2/2020. Amt. and Place of use: 0.92 c.f.s. by diversion at the Aspen Glen Wells for dom. and

comm. use and 1.09 c.f.s. for irr. use in the Ironbridge subdivision. See Exhibit B, Report from SGM. Amt. to remain cond.: 0.91 for

dom., commercial use and irr. use.











2020CW3066 EAGLE COUNTY, Application for Findings of Reasonable Diligence. Applicant: Town of Eagle; please direct all

correspondence to Applicant’s attorneys: Mary Elizabeth Geiger, Garfield & Hecht, P.C., 901 Grand Avenue, Suite 201, Glenwood

Springs, CO 81601, (970)947-1936, [email protected]. Applicant requests findings of reasonable diligence with regard to the

following water right: Town Lower Intake No. 1. Original decree: Case No. 05CW282, District Court in and for Water Division No. 5, June

8, 2014. Location: the point of diversion will be located on Brush Creek in the SW ¼ NW ¼ Section 5, Township 5 South, Range 84

West of the 6th P.M. at a point 2040 feet from the North section line and 400 feet from the West section line of Section 5 as shown on

Exhibit A. Source: Brush Creek, tributary to the Eagle River, tributary to the Colorado River. Appropriation date: April 21, 1999.

Amount: 10 c.f.s. conditional. Uses: all municipal uses, including irrigation, domestic, commercial, industrial, and fire protection within

the Town of Eagle’s existing and potential service areas. Owner of land upon which diversion point may be located: Applicant. Applicant

requests findings of reasonable diligence with regard to the following conditional water right: Town Lower Intake No. 2. Original

decree: Case No. 05CW282, District Court in and for Water Division No. 5, June 8, 2014. Location: the point of diversion will be

JUNE 2020 RESUME

WATER DIVISION 5

PAGE 4

located on the Eagle River in the SE1/4 NE¼ of Section 6, Township 5 South, Range 84 West of the 6th P.M. at a point approximately

1665 Feet from the North section line and 195 feet from the East section line as shown on Exhibit A. Source: Eagle River, tributary to

the Colorado River. Appropriation Date: April 21, 1999. Amount: 10 c.f.s. conditional. Uses: all municipal uses, including irrigation,

domestic, commercial, industrial, and fire protection within the Town of Eagle’s existing and potential service areas. Owner of Land

upon which point of diversion will be located: Applicant. Remarks: Water diverted from the Town Lower Intake No. 1, out of Brush

Creek as described in paragraph 2, above, and water diverted from the Town Lower Intake No. 2, out of the Eagle River, as described

in this section above, shall be diverted into the Town’s new Lower Basin Water Treatment Plant (referred to herein as the Lower Basin

WTP) for use by the Town. Applicant requests findings of reasonable diligence with regard to the following conditional appropriative

rights of exchange: Exchange Reach No. 1A (when releases made from Wolford Mountain Reservoir or Green Mountain Reservoir as

described in Case No. 05CW282): Lower terminus: Confluence of the Eagle River and Colorado River located in the SW ¼ NE ¼ of

Section 5, Township 5 South, Range 86 West, 6th P.M., at a point approximately 2400 feet from the north section line and 1900 feet

from the east section line. Upper terminus: Town Lower Intake No. 1 on Brush Creek as described in paragraph 2, above. Exchange

Reach No. 1B (when releases made from Wolford Mountain Reservoir or Green Mountain Reservoir as described in Case No.

05CW282): Lower terminus: Confluence of the Eagle River and Colorado River located in the SW ¼ NE ¼ of Section 5, Township 5

South, Range 86 West, 6th P.M., at a point approximately 2400 feet from the north section line and 1900 feet from the east section line.

Upper terminus: Town Lower Intake No. 2 on the Eagle River as described in paragraph 3, above. Exchange Reach No. 2A (when

releases are made from the Eagle River water supplies described in Case No. 05CW282): Lower terminus: Confluence of Brush Creek

with the Eagle River located in the SE ¼ NE ¼ of Section 6, Township 5 South, Range 86 West of the 6th P.M., at a point approximately

1600 feet from the north section line and 100 feet from the east section line. Upper terminus: Town Lower Intake No. 1 on Brush Creek

as described in paragraph 2, above. Exchange Reach No. 2B (when releases are made from the Eagle River water supplies described in

Case No. 05CW282): Lower terminus: Confluence of Brush Creek with the Eagle River located in the SE ¼ NE ¼ of Section 6,

Township 5 South, Range 86 West of the 6th P.M., at a point approximately 1600 feet from the north section line and 100 feet from the

east section line. Upper terminus: Town Lower Intake No. 2 on the Eagle River as described in paragraph 3, above. Exchange Reach

No. 3A (when releases are made from Ruedi Reservoir as described in Case No. 05CW282): Lower terminus: Confluence of the Roaring

Fork River and Colorado River generally located in the SE ¼ NW ¼ of Section 9, Township 6 South, Range 89 West of the 6th P.M., at

a point approximately 2200 feet from the north section line and 2350 feet from the west section line. Upper terminus: Town Lower

Intake No. 1 on Brush Creek as described in paragraph 2, above. Exchange Reach No. 3B (when releases are made from Ruedi Reservoir

as described in Case No. 05CW282): Lower terminus: Confluence of the Roaring Fork River and Colorado River generally located in

the SE ¼ NW ¼ of Section 9, Township 6 South, Range 89 West of the 6 th P.M., at a point approximately 2200 feet from the north

section line and 2350 feet from the west section line. Upper terminus: Town Lower Intake No. 2 on the Eagle River as described in

paragraph 4.B, above. Appropriation dates of Exchanges: December 28, 2005. Amount of each exchange: 5 c.f.s. each, conditional,

with a combined total not to exceed 190 acre-feet per year (representing the amount of contract replacement water available to the

Town). The combined limit on exchanges to either the Town Lower Intake No. 1 or Town Lower Intake No. 2 is 10 c.f.s., which is the

decreed capacity of each of those structures. Uses: substitution, augmentation and exchange to facilitate diversions for all municipal

uses, including but not limited to irrigation, domestic, commercial, industrial, stockwatering, manufacturing, power, recreational, fish

and wildlife propagation, mechanical and fire protection. The Application includes a detailed description of activities undertaken during

the diligence period toward the application of the subject water rights to beneficial use. (7 pages).











20CW3067 GARFIELD COUNTY, Application to Make Water Rights Absolute and/or for Findings of Reasonable Diligence.

Applicant: Perry Dan Rodreick; please direct all correspondence to Applicant’s attorneys: Mary Elizabeth Geiger, Garfield & Hecht,

P.C., 901 Grand Avenue, Suite 201, Glenwood Springs, CO 81601, (970)947-1936, [email protected]. Original decree for

all water rights herein: Entered on June 14, 2014, in Case No. 10CW304, District Court in and for Water Division No. 5. Applicant

requests that the following water right be made absolute for all amounts and purposes: R-4 Rodreick Reservoir, 1st Enlargement.

Location: the outlet of the pond is located in NE ¼ NW ¼ Section 31, Township 6 South, Range 91 West of the 6 th P.M., in Garfield

County, Colorado at a point 680 feet from the North Section line and 2290 feet from the West Section line. The location of this structure

is depicted on Exhibit A. In Case No. 97CW264, the location is described at the spillway, not the outlet: the spillway at the west end of

the reservoir is located in the NE ¼ NW ¼ Section 31, Township 6 South, Range 91 West of the 6 th P.M., at a point 1074 feet from the

North Section line and 2136 feet from the West Section line of said Section 31. Source: the pond is filled with runoff, irrigation

wastewater which is tributary to Gibson Gulch which is tributary to Divide Creek, and the Tallmadge and Gibson Ditch system

which water is tributary to East Divide Creek, tributary to the Colorado River. Appropriation date: August 31, 2005, by

mailto:[email protected]


JUNE 2020 RESUME

WATER DIVISION 5

PAGE 5

construction of the enlargement and storage of water and formation of intent to use water for beneficial uses and use of water. Date

water applied to beneficial use: November 1, 2005 for amounts and uses set forth in section 3.E.i and ii, below (decreed in Case No.

10CW304); April 5, 2014, for the remaining uses and amounts. Amount claimed and uses: 3.9 acre feet, absolute, for irrigation, livestock

watering, piscatorial, aesthetic, wetlands creation (up to the high water mark of the storage structure), fire protection and wildlife

watering enhancement; 7.3 acre feet, absolute, for industrial (trucking water for oil and gas development purposes); 45.22 acre feet,

conditional, with the right to fill and refill in priority for recreation and augmentation; 37.92 acre feet, conditional, with the right to fill

and refill in priority for industrial (trucking water for oil and gas development purposes). Reservoir Characteristics: Total Capacity:

45.22 acre feet. Surface area: 5.25 acres. Depth: 10 feet. Active storage: 44.25 acre feet. Dam Height: 16 feet. Dam Length: 800 feet.

Place of use: Irrigation is for up to 73 acres located on the Applicant’s property located in SW ¼ SE ¼ and SW ¼ SE ¼ Section 30 and

NE ¼ NW ¼ Section 31 Township 6 South, Range 91 West of the 6th P.M. All of the water rights described herein will be utilized

together to irrigate this same 73 acre parcel. The place of use is depicted on Exhibit B. Name of owner of property upon which pond is

located: Applicant. Applicant requests that the following water right be made absolute for all amounts and purposes: DR Pond No. 1.

Location: the outlet of the pond is located in the NE ¼ NW ¼ Section 31, Township 6 South, Range 91 West of the 6th P.M., in Garfield


is depicted on Exhibit A. Source: the pond is filled with runoff, irrigation wastewater which is tributary to Gibson Gulch which is

tributary to Divide Creek, and the Tallmadge and Gibson Ditch system which water is tributary to East Divide Creek, tributary to the

Colorado River. Appropriation date: August 31, 2005, by construction of the pond and storage of water and formation of intent to use

water for beneficial uses and use of water. Date Water Applied to Beneficial Use: November 1, 2005 for those amounts and uses set

forth in Section 4.E.i, below; April 5, 2014 for those amounts and uses set forth in Section 4.E.ii, below. Amount and Uses: 0.95 acre

feet, absolute, for livestock watering, irrigation, recreation, piscatorial, aesthetic, wetlands creation (up to the high water mark of the

storage structure), wildlife watering and propagation, and fire protection; 0.95 acre feet, conditional, with the right to fill and refill in

priority for industrial (water hauling for oil and gas development purposes), and augmentation. Reservoir Characteristics: Total

Capacity: 0.95 acre feet. Surface area: 0.33 acres. Depth: 4 feet. Active storage: 0.95 acre feet. Dam Height:5 feet. Dam Length: 350

feet. Place of use: Irrigation is for up to 73 acres located on the Applicant’s property located in SE ¼ SW ¼ and SW ¼ SE ¼ Section

30 and NE ¼ NW ¼ Section 31 Township 6 South, Range 91 West, of the 6th P.M. All of the water rights described herein will be

utilized together to irrigate this same 73 acre parcel. The place of use is depicted on Exhibit B. Name of owner of property upon which

pond is located: Applicant. Applicant requests that the following water right be made absolute for all amounts and uses: DR Pond No.

2. Location: the outlet of the pond is located in NE ¼ NW ¼ Section 31, Township 6 South, Range 91 West of the 6th P.M., in Garfield


is depicted on Exhibit A. Source: the pond is filled with springs, runoff, irrigation wastewater which is tributary to Gibson Gulch which

is tributary to Divide Creek, and the Tallmadge and Gibson Ditch system which water is tributary to East Divide Creek, tributary to the

Colorado River. Appropriation date: August 31, 2005, by construction of the pond and storage of water and formation of intent to use

water for beneficial uses and use of water. Date applied to Beneficial Use: November 1, 2005 for amounts and uses set forth in Section

5.E.i, below; April 5, 2014, for amounts and uses set forth in Section 5.E.ii, below. Amount claimed and Uses: 4.93 acre feet, absolute,

for irrigation, industrial (trucking water for oil and gas development purposes), livestock watering, recreation, piscatorial, aesthetic and

wildlife watering, wetlands creation (up to the high water mark of the storage structure), and fire protection. 4.93 acre feet, conditional,

with the right to fill and refill in priority for augmentation. Reservoir Characteristics: Capacity: 4.93 acre feet. Surface area: 0.98 acres.

Depth: 5.65 feet. Active storage: 4.93 acre feet. Dam Height: 8 feet. Dam Length: 400 feet. Place of use: Irrigation is for up to 73 acres

located on the applicants property located in SE ¼ SW ¼ and SW ¼ SE ¼ Section 30 and NE ¼ NW ¼ Section 31 Township 6 South,

Range 91 West of the 6th P.M. All of the water rights described herein will be utilized together to irrigate this same 73 acre parcel. The

place of use is depicted on Exhibit B. Name of owner of property upon which pond is located: Applicant. Applicant requests that the

following water right be made absolute for all amounts and uses: DR Pond No. 3. Location: the outlet of the pond is located in the SE

¼ SW ¼ Section 30, Township 6 South, and Range 91 West of the 6th P.M., in Garfield County, Colorado at a point 105 feet from the

South Section line and 1730 feet from the West Section line. The location of this structure is depicted on Exhibit A. Source: the pond

is filled with runoff, irrigation wastewater which is tributary to Gibson Gulch which is tributary to Divide Creek, and the Tallmadge and

Gibson Ditch system which water is tributary to East Divide Creek, tributary to the Colorado River. Appropriation date:August 31,

2005, by construction of the enlargement and storage of water and formation of intent to use water for beneficial uses and use of water.

Date of Application to Beneficial Use: November 1, 2005, for amounts and uses set forth in Section 6.E.i, below. April 5, 2014, for

amounts and uses set forth in Section 6.E.ii, below. Amount claimed and Uses: 3.47 acre feet, absolute, for irrigation, livestock watering,

recreation, piscatorial, aesthetic and wildlife watering, wetlands creation (up to the high water mark of the storage structure) and fire

protection; 3.47 acre feet, conditional, with the right to fill and refill in priority for industrial (trucking water for oil and gas development

purposes) and augmentation. Reservoir Characteristics: Capacity: 3.47 acre feet. Surface area: .74 acres. Depth: 5.3 feet. Active

storage: 3.47 acre feet. Dam Height: 8 feet. Dam Length: 400 feet. Place of use: Irrigation is for up to 73 acres located on the Applicant’s

property located in SE ¼ SW ¼ and SW ¼ SE ¼ Section 30 and NE ¼ NW ¼ Section 31 Township 6 South, Range 91 West of the 6th

P.M. All of the water rights described herein will be utilized together to irrigate this same 73 acre parcel. The place of use is depicted

on Exhibit B. Name of owner of property upon which pond is located: Applicant. Applicant requests that the following water right be

made absolute for all amounts and uses: DR Pond No. 5. Location: the outlet of the pond will be located in SE ¼ SW ¼ Section 30,

Township 6 South, and Range 91 West of the 6th P.M., in Garfield County, Colorado at a point 947 feet from the South Section line and

1720 feet from the West Section line. The location of this structure is depicted on Exhibit A. Source: the pond is filled with runoff,

irrigation wastewater which is tributary to Gibson Gulch which is tributary to Divide Creek, and the Tallmadge and Gibson Ditch system

JUNE 2020 RESUME

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PAGE 6

which water is tributary to East Divide Creek, tributary to the Colorado River. Appropriation date: August 31, 2005, by construction of

the pond and storage of water and formation of intent to use water for beneficial uses and use of water. Date Water Applied to Beneficial

Use: November 1, 2005, for amounts and uses set forth in Section 7.E.i, below. April 5, 2014, for amounts and uses set forth in Section

7.E.ii, below. Amount Claimed and Uses: 4.93 acre feet absolute for irrigation, livestock watering, recreation, piscatorial, aesthetic and

wildlife watering, wetlands creation (up to the high water mark of the storage structure), and fire protection; 4.93 acre feet conditional,

with the right to fill and refill in priority for industrial (trucking water for oil and gas development) and augmentation. Reservoir

Characteristics: Amount: 4.93 acre feet. Surface area: .63 acres. Depth: 10 feet. Active storage: 4.93 acre feet. Dam Height: 10 feet.

Dam Length: 400 feet. Place of use: Irrigation is for up to 73 acres located on the applicants property located in SE ¼ SW ¼ and SW

¼ SE ¼ Section 30 and NE ¼ NW ¼ Section 31 Township 6 South, Range 91 West of the 6 th P.M. All of the water rights described

herein will be utilized together to irrigate this same 73 acre parcel. The place of use is depicted on Exhibit B. Name of owner of property

upon which pond is located: Applicant. Applicant requests that the following water right be made absolute for all amounts and uses:

DR Pond No. 6. Location: the outlet of the pond will be located in SE ¼ SW ¼ Section 30, Township 6 South, and Range 91 West of

the 6th P.M., in Garfield County, Colorado at a point 1105 feet from the South Section line and 1740 feet from the West Section line.

The location of this structure is depicted on Exhibit A. Source: is filled with runoff, irrigation wastewater which is tributary to Gibson

Gulch which is tributary to Divide Creek, and the Tallmadge and Gibson Ditch system which water is tributary to East Divide Creek,

tributary to the Colorado River. Appropriation date: August 31, 2005, by construction of the pond and storage of water and formation

of intent to use water for beneficial uses and use of water. Date Applied to Beneficial Use: November 1, 2005, for amounts and uses set

forth in Section 8.E.i, below. April 5, 2014, for amounts and uses set forth in Section 8.E.ii, below. Amount claimed and Uses: 4.57 acre

feet absolute for livestock watering, recreation, piscatorial, aesthetic and wildlife watering, wetlands creation (up to the high water mark

of the storage structure), and fire protection. 4.57 acre feet, conditional, with the right to fill and refill in priority for irrigation, industrial

(water hauling for oil and gas development) and augmentation. Reservoir Characteristics: Capacity: 4.57 acre feet. Surface area: 0.59

acres. Depth: 10 feet. Active storage: 4.5 acre feet. Dam Height: 10 feet. Dam Length: 400 feet. Place of use: Irrigation is for up to 73

acres located on the applicants property located in SE ¼ SW ¼ and SW ¼ SE ¼ Section 30 and NE ¼ NW ¼ Section 31 Township 6

South, Range 91 West 6th P.M. All of the water rights described herein will be utilized together to irrigate this same 73 acre parcel. The

place of use is depicted on Exhibit B. Name of owner of property upon which pond is located: Applicant. Applicant requests that the

following water right be made absolute for all amounts and uses: DR Pond No. 7. Location: the outlet of the pond will be located in

NE ¼ SW ¼ Section 30, Township 6 South, and Range 91 West of the 6th P.M., in Garfield County, Colorado at a point 1330 feet from

the South Section line and 1835 feet from the West Section line. The location of this structure is depicted on Exhibit A. Source: the pond

is filled with runoff, irrigation wastewater which is tributary to Gibson Gulch which is tributary to Divide Creek, and the Tallmadge and

Gibson Ditch system which water is tributary to East Divide Creek, tributary to the Colorado River. Appropriation date: August 31,

2005, by construction of the pond and storage of water and formation of intent to use water for beneficial uses. Date Water Applied to

Beneficial Use: November 1, 2005, for amounts and uses set forth in Section 9.E.i, below. April 5, 2014, for amounts and uses set forth

in Section 9.E.ii, below. Amount claimed and Uses: 7.56 acre feet absolute for livestock watering, recreation, piscatorial, aesthetic and

wildlife watering, wetlands creation (up to high water mark of storage structure) and fire protection. 7.56 acre feet conditional, with the

right to fill and refill in priority for irrigation industrial (trucking water for oil and gas development) and augmentation. Reservoir

Characteristics: Amount: 7.56 acre feet. Surface area: .92 acres. Depth: 10 feet. Active storage: 7.3 acre feet. Dam Height: 10 feet. Dam

Length: 450 feet. Place of use: Irrigation is for up to 73 acres located on the applicants property located in SE ¼ SW ¼ and SW ¼ SE

¼ Section 30 and NE ¼ NW ¼ Section 31 Township 6 South, Range 91 West 6th P.M. All of the water rights described herein will be

utilized together to irrigate this same 73 acre parcel. The place of use is depicted on Exhibit B. Name of owner of property upon which

pond is located: Applicant. Applicant requests that the following water right be made absolute for all amounts and uses: DR Pond No.

8. Location: the outlet of the pond will be located in NE ¼ SW ¼ Section 30, Township 6 South, and Range 91 West of the 6th P.M., in

Garfield County, Colorado at a point 1320 feet from the South Section line and 2415 feet from the West Section line. The location of

this structure is depicted on Exhibit A. Source: the pond is filled with runoff, irrigation wastewater which is tributary to Gibson Gulch

which is tributary to Divide Creek, and the Tallmadge and Gibson Ditch system which water is tributary to East Divide Creek, tributary

to the Colorado River. Appropriation date:August 31, 2006, by construction of the pond and storage of water and formation of intent to

use water for beneficial uses and use of water. Date Water Applied to Beneficial Use: November 1, 2006, for amounts and uses set forth

in Section 10.E.i, below. April 5, 2014, for amounts and uses set forth in Section 10.E.ii, below. Amount claimed and Uses: 2.91 acre

feet absolute for industrial (trucking water for oil and gas development) livestock watering, recreation, piscatorial, aesthetic and wildlife

watering, wetlands creation (up to high water mark of structure) and fire protection. 2.91 acre feet conditional, with the right to fill and

refill in priority for irrigation and augmentation. Reservoir Characteristics: Capacity: 2.91 acre feet. Surface area: .67 acres. Depth: 5

feet. Active storage: 2.7 acre feet. Dam Height: 8 feet. Dam Length: 500 feet. Place of use: Irrigation is for up to 73 acres located on

the Applicant’s property located in SE ¼ SW ¼ and SW ¼ SE ¼ Section 30 and NE ¼ NW ¼ Section 31 Township 6 South, Range

91West 6th P.M. All of the water rights described herein will be utilized together to irrigate this same 73 acre parcel. The place of use

is depicted on Exhibit B. Name of owner of property upon which pond is located: Applicant. Applicant requests the following water

right be made absolute for all amounts and uses: DR Pond No. 9. Location: the outlet of the pond will be located in NW ¼ SE ¼

Section 30, Township 6 South, Range 91 West of the 6th P.M., in Garfield County, Colorado at a point 1368 feet from the South Section

line and 1855 feet from the East Section line. The location of this structure is depicted on Exhibit A. Source: the pond is filled with

springs, runoff, irrigation wastewater which is tributary to Gibson Gulch which is tributary to Divide Creek, and the Tallmadge and

Gibson Ditch system which water is tributary to East Divide Creek, tributary to the Colorado River. Appropriation date: August 31,

2000, by construction of the pond and storage of water and formation of intent to use water for beneficial uses and use of water. Date of

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PAGE 7

Application to beneficial Use: November 1, 2000, for amounts and uses set forth in Section 11.E.i, below. April 5, 2014, for amounts

and uses set forth in Section 11.E.ii, below. Amount claimed and Uses: 2.95 acre feet absolute for irrigation, livestock watering,

recreation, piscatorial, aesthetic and wildlife watering, wetlands creation (up to the high water mark of the storage structure) and fire

protection. 2.95 acre feet conditional, with the right to fill and refill in priority for industrial (water hauling for oil and gas development)

and augmentation. Reservoir Characteristics: Capacity: 2.95 acre feet. Surface area: .6 acres. Depth: 6 feet. Active storage: 2.95 acre

feet. Dam Height: 10 feet. Dam Length: 400 feet. Place of use: Irrigation is for up to 73 acres located on the applicants property located

in SE ¼ SW ¼ and SW ¼ SE ¼ Section 30 and NE ¼ NW ¼ Section 31 Township 6 South, Range 91 West 6 th P.M. All of the water

rights described herein will be utilized together to irrigate this same 73 acre parcel. The place of use is depicted on Exhibit B. Name of

owner of property upon which pond is located: Applicant. Applicant requests that the following water right be made absolute for all

amounts and uses: DR Pond No. 10. Location: the outlet of the pond will be located in SW ¼ SE ¼ Section 30, Township 6 South, and

Range 91 West of the 6th P.M., in Garfield County, Colorado at a point 1065 feet from the South Section line and 1653 feet from the

East Section line. The location of this structure is depicted on Exhibit A. Source: the pond is filled with springs, runoff, irrigation

wastewater which is tributary to Gibson Gulch which is tributary to Divide Creek, and the Tallmadge and Gibson Ditch system which

water is tributary to East Divide Creek, tributary to the Colorado River. Appropriation date: August 31, 2008, by construction of the

pond and storage of water and formation of intent to use water for beneficial uses and use of water. Date of Application to Beneficial

use: November 1, 2008, for amounts and uses set forth in Section 12.E.i, below. April 5, 2014, for amounts and uses set forth in Section

12.E.ii, below. Amount claimed and Uses: 2.06 acre feet absolute for livestock watering, recreation, piscatorial, aesthetic and wildlife

watering, wetlands creation (up to the high water mark of the storage structure) and fire protection. 2.06 acre feet conditional, with the

right to fill and refill in priority for irrigation, industrial (water hauling for oil and gas development) and augmentation. Reservoir

Characteristics: Capacity: 2.06 acre feet. Surface area: .45 acres. Depth: 5.8 feet. Active storage: 2.0 acre feet. Dam Height: 9 feet.

Dam Length: 400 feet. Place of use: Irrigation is for up to 73 acres located on the applicant’s property located in SE ¼ SW ¼ and SW

¼ SE ¼ Section 30 and NE ¼ NW ¼ Section 31 Township 6 South, Range 91 West 6th P.M. All of the water rights described herein

will be utilized together to irrigate this same 73 acre parcel. The place of use is depicted on Exhibit B. Name of owner of property upon

which pond is located: Applicant. Applicant requests that the following water right be made absolute for all amounts and uses: R-4

Hidden Pond No. 2, 1st Enlargement. Location: the outlet of the pond will be located in SW ¼ SE ¼ Section 30, Township 6 South, and

Range 91 West of the 6th P.M., in Garfield County, Colorado at a point 712 feet from the South Section line and 2413 feet from the East

Section line. The location of this structure is depicted on Exhibit A. Source: the pond is filled with runoff, irrigation wastewater which

is tributary to Gibson Gulch which is tributary to Divide Creek, and the Tallmadge and Gibson Ditch system which water is tributary to

East Divide Creek, tributary to the Colorado River. Appropriation date:August 31, 2005, by construction of the enlargement and storage

of water and formation of intent to use water for beneficial uses and use of water. Date of Application to Beneficial Use: November 1,

2005, for amounts and uses set forth in Section 13.E.i, below. April 5, 2014, for amounts and uses set forth in Section 13.E.ii, below.

Amount claimed and Uses: 4.19 acre feet absolute for irrigation, livestock watering, recreation, piscatorial, aesthetic and wildlife

watering, wetlands creation (up to the high water mark of the storage structure) and fire protection. 9.69 acre feet conditional, with the

right to fill and refill in priority for industrial (water hauling for oil and gas development) and augmentation. Reservoir Characteristics:

Capacity: 9.69 acre feet. Surface area: 1.18 acres. Depth: 10 feet. Active storage: 9.5 acre feet. Dam Height: 10 feet. Dam Length: 400

feet. Place of use: Irrigation is for up to 73 acres located on the applicant’s property located in SE ¼ SW ¼ and SW ¼ SE ¼ Section

30 and NE ¼ NW ¼ Section 31 Township 6 South, Range 91 West 6th P.M. All of the water rights described herein will be utilized

together to irrigate this same 73 acre parcel. The place of use is depicted on Exhibit B. Name of owner of property upon which pond is

located: Applicant. Applicant requests that the following water right be made absolute for all amounts and uses: R-4 Duck Pond, 1st

Enlargement. Location: the spillway of the pond will be located in SE ¼ SW ¼ Section 30, Township 6 South, and Range 91 West of

the 6th P.M., in Garfield County, Colorado at a point 1126 feet from the South Section line and 2427 feet from the West Section line.

The location of this structure is depicted on Exhibit A. Source: the pond will be filled with springs, runoff, irrigation wastewater which

is tributary to Gibson Gulch which is tributary to Divide Creek, and the Tallmadge and Gibson Ditch system which water is tributary to

East Divide Creek, tributary to the Colorado River. Appropriation date: August 31, 2005, by construction of the enlargement and storage

of water and formation of intent to use water for beneficial uses and use of water. Date of Application to Beneficial Use: November 1,

2005, for amounts and uses in Section 14.E.i, below. April 5, 2014, for amounts and uses in Section 14.E.ii, below. Amount claimed

and Uses: 4.36 acre feet absolute for livestock watering, piscatorial, aesthetic, wetlands creation, wildlife watering and fire protection

purposes. 14.69 acre feet conditional, with the right to fill and refill in priority for irrigation, industrial (water hauling for oil and gas

development) and augmentation. Reservoir Characteristics: Capacity: 14.69 acre feet. Surface area: 1.85 acres. Depth: 10 feet. Active

storage: 14.69 acre feet. Dam Height: 10 feet. Dam Length:420 feet. Place of use: Irrigation is for up to 73 acres located on the

applicant’s property located in SE ¼ SW ¼ and SW ¼ SE ¼ Section 30 and NE ¼ NW ¼ Section 31 Township 6 South, Range 91 West

6th P.M. All of the water rights described herein will be utilized together to irrigate this same 73 acre parcel. The place of use is depicted

on Exhibit B. Name of owner of property upon which pond is located: Applicant. Applicant requests that the following water right be

made absolute for all amounts and uses: Rieger Pond, 3rd Enlargement. Location: the low level outlet of the pond will be located in SE

¼ SW ¼ Section 30, Township 6 South, Range 91 West of the 6th P.M., in Garfield County, Colorado at a point 525 feet from the South

Section line and 1720 feet from the West Section line. The location of this structure is depicted on Exhibit A. Source: the pond is filled

with runoff, irrigation wastewater which is tributary to Gibson Gulch which is tributary to Divide Creek, and the Tallmadge and Gibson

Ditch system which water is tributary to East Divide Creek, tributary to the Colorado River. Appropriation date:August 31, 2005, by

construction of the enlargement and storage of water and formation of intent to use water for beneficial uses and use of water. Date

Water Applied to Beneficial Use: November 1, 2005, for amounts and uses set forth in Section 15.E.i-iii, below. April 5, 2014, for

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amounts and uses set forth in Section 15.E.iv, below. Amount claimed and Uses: 1.65 acre feet absolute for irrigation, piscatorial,

livestock watering, aesthetic and wildlife watering, wetlands creation (up to the high water mark of the storage structure), and fire

protection. 1.0 acre feet absolute for piscatorial and livestock watering. 5.0 acre feet absolute for fire protection, aesthetics, and wildlife

watering. 16.65 acre feet conditional, with the right to fill and refill in priority for industrial (water hauling for oil and gas development)

and augmentation. Reservoir Characteristics: Capacity: 16.65 acre feet. Surface area:1.92 acres. Depth: 10 feet. Active storage:

15 acre feet. Dam Height: 10 feet. Dam Length: 420 feet. Place of use: Irrigation is for up to 73 acres located on the applicant’s property

located in SE ¼ SW ¼ and SW ¼ SE ¼ Section 30 and NE ¼ NW ¼ Section 31 Township 6 South, Range 91 West 6 th P.M. All of the

water rights described herein will be utilized together to irrigate this same 73 acre parcel. The place of use is depicted on Exhibit B.

Name of owner of property upon which pond is located: Applicant. In 2013, the Colorado legislature enacted C.R.S. § 37-92-301(4)

which states: “A decreed conditional water storage right shall be made absolute for all decreed purposes to the extent of the volume of

the appropriation that has been captured, possessed and controlled at the decreed storage structure.” Therefore, the impoundment of

water described above for the R-4 Rodreick Reservoir, 1st Enlargement, DR Pond Nos. 1, 2, 3, 5, 6, 7, 8, 9, 10, R-4 Hidden Pond No. 2,

1st Enlargement, R-4 Duck Pond, 1st Enlargement, and Rieger Pond, 3rd Enlargement, should be made absolute for all decreed amounts

and uses. The Application includes a detailed description of activities undertaken during the diligence period toward the application of

the subject water rights to beneficial use. (18 pages).











20CW3068 GARFIELD COUNTY. COLORADO RIVER. Flag Resources, Inc., c/o Mr. Eric Frei, 1412 County Road 311, New

Castle, CO 81647. c/o Edward B. Olszewski, # 24723 Olszewski, Massih & Maurer, P.C., 1204 Grand Avenue, P.O. Box 916, Glenwood

Springs, Colorado 81602, Telephone: (970) 928-9100, E-mail: [email protected] CLAIM FOR FINDING OF REASONABLE

DILIGENCE. Name of Structure: Flag Resources Gravel Pit Well (“Gravel Pit Well”) Describe conditional water right: Date of Original

Decree: January 22, 2008; Case No: 05CW278 consolidated with 06CW12; Court: Water Court, Water Division No. 5. Legal

Description: A 73.1 acre gravel pit located within the S1/2NE1/4, the SE1/4NW1/4, the N1/2SE1/4, the N1/2SW1/4, and the

SE1/4SW1/4, all in Section 11, T.6S, R.92W of the 6th P.M. The center of the pit is located at a point approximately 2,145 feet west of

the East Section line and 2,500 feet North of the South Section line in Section 11, T.6S, R.92W of the 6 th P.M. A map depicting the

location of the Gravel Pit Well is attached as Exhibit A hereto and incorporated herein. Source: Groundwater, tributary to the

Colorado River. The Gravel Pit Well also intercepts local surface runoff and springs and seeps. Appropriation Date: March 17, 2005.

Amount: 102 acre feet, annually, absolute (for current buildout of the Gravel Pit Well and mining operations); and an additional 105

acre feet, annually, conditional (for full buildout of the Gravel Pit Well and mining operations)Use: Uses associated with gravel mining

and production and post-mining use of the Gravel Pit Well, including without limitation, dust suppression, water in mined product,

material washing, evaporation from the exposed surface water area of the Gravel Pit Well, recreation, aesthetic, and fire protection.

Outline of what has been done for completion of the appropriation and application of water to a beneficial use as conditionally decreed,

including expenditures: Applicant has obtained and maintained mining permits from the State of Colorado, Department of Natural

Resources, Division of Reclamation, Mining and Safety, to allow for the ongoing excavation of the Gravel Pit Well; Applicant is actively

excavating the Gravel Pit Well, has mined several thousand tons of aggregate material and is in the process of constructing and exposing

water for the Gravel Pit Well. Applicant prepares and submits annual reports and mapping related to its mining permit. Applicant has

expended $200,000 to $250,000, annually, on excavation activities to partially construct the Gravel Pit Well and $20,000 to $25,000,

annually, on legal, planning and engineering expenses during the diligence period. Applicant is diligently pursuing the development of

the remaining conditional portion of the subject water right and mining operations are ongoing. Name and address of owner of land

upon which structure is located: Applicant. Applicant has been diligent in the development of the conditional water right as described

above and requests a finding of the same. (4 pages and map).











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20CW3069 GRAND COUNTY, COLORADO. Kirk Klancke, P.O. Box 82, Fraser, CO 80442. Applicant is represented by Kent

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

APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE IN PART. Name of Structure for

Underground Water Rights: Klancke Well No. 1. Source: The alluvium of sand, gravel and other sedimentary materials hydraulically

connected to Ranch Creek, tributary to Fraser River, tributary to Colorado River. Well Location: Klancke Well No. 1 is located in

County of Grand, SW1/4NW1/4, Section 4, Township 1 South, Range 75 West, 6 th P.M., 2,790 feet from the South section line and

1,245 feet from West section line. Street Address: 706 County Road 8314, Fraser, Colorado, Lot 1, Clayton Ranch Acres, Grand County,

Colorado. Depth: 75 feet. Use: Domestic use for one single-family residence and irrigation of 1,450 square feet plus 10 trees. Detailed

use is described in 05CW196. Water feature with recirculating pond. Type of Structure: Well. Quantity: 15 gallons per minute (“g.p.m.”),

conditional, annual diversion limited to 0.7 acre feet. Appropriation Date: June 1, 2005. Original Decree: January 7, 2008, Case No.

2005CW196, Water Court Division No. 5. Subsequent Decree: June 8, 2014, Case No. 2014CW3000, Water Court Division 5.

Conditional Appropriative Right of Exchange: As part of its original decree, Applicant was also granted a conditional right of exchange

at the rate of 0.0003 c.f.s., annual depletions of 0.20 acre-feet. Appropriation Date: June 1, 2005. Exchange Reach: Upstream Terminus:

Ranch Creek from the location of Klancke Well No. 1, which is County of Grand, SW1/4NW1/4, Section 4, Township 1 South, Range

75 West, 6th P.M., 2,790 feet from the South section line and 1,245 feet from West section line. Downstream Terminus: Colorado River

and Muddy Creek Confluence, which is located in Section 19, Township 1 North, Range 80 West of the 6th P.M., 81 feet from the North

Section line and 1963 feet from the East Section line. Claim to Make Absolute in Part: Date water was applied to beneficial use: July

17, 2017. Amount to be Made Absolute: Klancke Well No. 1: 12 g.p.m., not to exceed 0.7 acre-feet per year. Klancke Exchange: 0.0003

c.f.s., maximum annual depletions of 0.20 acre-feet. Additional Information: The original decree at Case No. 05CW196 sets forth

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

The application and attached exhibits contain a detailed outline of the work performed during the diligence period (29 pages).











20CW3070 (2003CW333) GRAND COUNTY, COLORADO RIVER, Application for Findings of Reasonable Diligence and To

Make Conditional Water Rights Absolute In Part. Applicants: Town of Granby (“Granby”), c/o Ted Cherry, Granby Town Manager,

P.O. Box 440, Granby, Colorado 80446, [email protected], (970) 887-2501 and Sun River Run Ranch RV, LLC (“Sun”), c/o

John McLaren, 27777 Franklin Road, Suite 200, Southfield, MI 48034, (248) 208-2500, jmclaren @suncommunities.com. Please direct

all correspondence to Applicants’ attorneys: (for Town of Granby): c/o Scotty P. Krob and Nathan Krob, Krob Law Office, LLC, 8400

E. Prentice Avenue, Penthouse, Greenwood Village Colorado 80111, (303) 694-0099, (For Sun River Run Ranch RV, LLC): c/o

Madoline Wallace-Gross and Carey S. Smith, Lyons Gaddis Kahn Hall Jeffers Dworak & Grant P.C., P.O. Box 978, Longmont, CO

80502-0978, (303) 776-9900. Applicants request the following water rights be made partially absolute and for findings of reasonable

diligence: Original decrees for conditional water rights in this application: Date of original decree: June 2, 2014.Case Nos.:

2003CW333 (for all water rights); 05CW288 (for South Shorefox Pond only), District Court, Water Division No. 5. A map showing the

conditional water rights is attached as Exhibit A to the Application. Structures and descriptions of conditional water rights: A.

Name of structure: South Shorefox Pond. Legal description: The South Shorefox Pond is located in the SE1/4 SE1/4, Section 25,

Township 2 North, Range 77 West, 6th P.M., Grand County Colorado. The outlet of the reservoir is at a point located 4800 feet from

the North Section line and 4400 feet from the West section line of said Section 25. Source of water to fill pond: Colorado River.

Names of Structures located on the Colorado River used to fill the pond: a. Shorefox Diversion No. 3, which is located on the left bank

of the Colorado River in the NE1/4 SW1/4, Section 30, Township 2 North, Range 76 West, 6 th P.M., Grand County, Colorado. The

point of diversion is at a point located 2,760 feet from the North section line and 2,500 feet from the West section line of said Section

30. This point of diversion was decreed in Case No. 03CW333. Amount: 1.0 c.f.s. in combination with Shorefox Diversion Nos. 4 and

5. The cumulative rate of diversion from all structures used to fill South Shorefox Pond shall not exceed 1.0 c.f.s. b. Shorefox Diversion

No. 4, which is located at a point on the left bank of the Colorado River in the NW1/4 SE1/4 of Section 25, Township 2 North, Range

77 West of the 6th P.M., 2,500 feet West of the East Section line and 2,230 feet North of the South Section line of said Section 25. This

point of diversion was decreed in Case No. 05CW288. Amount: 1.0 c.f.s. in combination with Shorefox Diversion Nos. 3 and 5. The

cumulative rate of diversion from all structures used to fill South Shorefox Pond shall not exceed 1.0 c.f.s. c. Shorefox Diversion No.

5, which is located on the left bank of the Colorado River in the SW1/4 NW1/4, Section 30, Township 2 North, Range 76 West of the

6th P.M., 110 feet East of the West Section line and 2,430 South of the North Section line of said Section 30. This point of diversion

was decreed in Case No. 05CW288. Amount: 1.0 c.f.s. in combination with Shorefox Diversion Nos. 3 and 4. The cumulative rate of

JUNE 2020 RESUME

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diversion from all structures used to fill South Shorefox Pond shall not exceed 1.0 c.f.s. d. Selak-Larabee Ditch. The headgate of the

ditch is located at a point on the South bank of the Colorado River, formerly known as the Grand River, at a point whence the SE corner,

Section 30, Township 2 North, Range 76 West of the 6th P.M. bears South 43 degrees East, 2435 feet. This point of diversion was

decreed in Case No. 03CW333.Amount: 1.0 c.f.s. Amount: 100 acre feet, conditional, the total annual out-of-priority diversions from

this structure shall be limited to 44.3 acre feet per year. Date of initiation of appropriation:December 31, 2003. Use: Irrigation of up

to 25 acres of land located outside of the areas historically irrigated by the Peterson No. 1 Ditch, Griffith Ditch Selak-Larabee Ditch and

Selak-Larabee Ditch Enlargement within the South Shorefox Ranch as shown on Exhibit B attached to the Application. B. Name of

structure: Shorefox Golf Course Exchange A –Storage: Downstream Terminus: the confluence of Muddy Creek and the Colorado

River (for releases of water from Wolford Mountain Reservoir) described as follows: 260 feet south of the north section line and 2050

feet west of the east section line in the NW ¼ of the NE ¼ of Section 19, Township 1 North, Range 80 West of the 6th P.M. based on

BLM PLSS Grand County, Colorado. NAD 83 Zone 13 easting: 380,748 northing: 4,433,448. Upstream terminus: Point of diversion of

Shorefox Diversion No. 3, described in Paragraph 4.A.iii.a above, for storage in South Shorefox Pond. Date of initiation of

appropriation: December 31, 2003. Maximum rate of exchange: 1.0 c.f.s., conditional, not to exceed 30 acre feet annually. Shorefox

Golf Course Exchange A and Exchange B shall be limited to a combined rate of 2.0 c.f.s., and an annual limit of 30 acre feet. Sources

of Substitute Supply: Colorado River Water Conservation District (“CRWCD”) owns and operates Wolford Mountain Reservoir (f/k/a

Gunsight Pass Reservoir), which has water rights decreed in Case Nos. 87CW283, 95CW281 and 98CW237. C.Name of Structure:

Shorefox Golf Course Exchange B – Augmentation: Downstream Terminus: the confluence of Muddy Creek and the Colorado

River. Upstream Terminus: Point of diversion of Shorefox Diversion No. 3. Date of initiation of appropriation: December 31,

2003.Maximum rate of exchange: 1.0 c.f.s., conditional, not to exceed 30 acre feet annually. Shorefox Golf Course Exchange A and

Exchange B shall be limited to a combined rate of 2.0 c.f.s., and an annual limit of 30 acre feet. The application includes a detailed

description of what has been done toward or for completion of the appropriation and application of water to beneficial use as

conditionally decreed, including expenditures. Claim to make absolute in whole or in part: South Shorefox Pond. Date water was

diverted in priority and stored for beneficial use: May 1 to May 30, 2019.Amount: 37.7 a.f. Uses: All decreed uses. Remarks: Applicants

reserve the right to claim any of the subject water rights absolute, in whole or in part, based on storage or exchanges that occur during

the pendency of this case, without the need to amend and republish the application. Owners of land on which structures are or will

be located: Applicants own the land on which the following diversion structures are or will be located: South Shorefox Pond; Shorefox

Diversion No. 3; Shorefox Diversion No. 4 and Shorefox Diversion No. 5. Dines Family Holdings LLLC, 2595 E. Cedar Ave., Denver,

CO 80209, owns the land on which the Selak-Larabee Ditch headgate is located. Claims for relief: Applicants request a finding that

Applicants have: diverted water in priority and placed it to beneficial use in part; and demonstrated reasonable diligence in putting the

remaining conditional water rights to beneficial use and that the rights are continued as conditional water rights



















diligence: Original decrees for conditional water rights in this application: Date of original decree: June 2, 2014. Case No.: 2003CW334,

District Court, Water Division No. 5, for all water rights; A map showing the conditional water rights is attached to the Application as

Exhibit A. Structures and descriptions of conditional water rights: A. Name of Structure: Shorefox Well No. 2. Legal description of

point of diversion: in the NE1/4 SW1/4 of Section 30, Township 2 North, Range 76 West of the 6 th P.M., at a point which is 1,690 feet

from the West section of line and 1,790 feet from the South section line of said Section 30, as depicted on Exhibit A attached to the

Application. Source: Colorado River Alluvium. Appropriation date: August 11, 2003. Amount decreed: 2.0 cfs conditional. The

total combined rate of diversions from Shorefox Well Nos. 2 through 5 shall not exceed 2.0 cfs. The total annual out-of-priority

diversions from Shorefox Wells Nos. 2 through 5 shall not exceed 519.6 acre feet per year. Decreed uses: Domestic, commercial,

municipal, irrigation and fire protection uses associated with residential and commercial development. The irrigation use shall be on up

to 27.55 acres of land within the Property, depicted on Exhibit B attached to the Application. Remarks: Water pumped from Shorefox

Wells Nos. 2-5 will be used primarily to supply water service for up to 1,200 equivalent residential units (“EQRs”) of residential and

JUNE 2020 RESUME

WATER DIVISION 5

PAGE 11

commercial use. One EQR is equivalent to 350 gallons of in-house use demand and sufficient water to irrigate up to 1,000 square feet

of lawn and garden. B. Name of Structure: Shorefox Well No. 3 Legal description of point of diversion: in the NE1/4 SW1/4 of

Section 30, Township 2 North, Range 76 West of the 6th P.M., at a point which is 450 feet from the West section of line and 1,450 feet

from the South section line of said Section 30, as depicted on Exhibit A attached to the Application. Source: Colorado River Alluvium.

Appropriation date: August 11, 2003. Amount decreed: 2.0 cfs conditional. The total combined rate of diversions from Shorefox Well

Nos. 2 through 5 shall not exceed 2.0 cfs. The total annual out-of-priority diversions from Shorefox Wells Nos. 2 through 5 shall not

exceed 519.6 acre feet per year. Decreed uses: Domestic, commercial, municipal, irrigation and fire protection uses associated with

residential and commercial development. The irrigation use shall be on up to 27.55 acres of land within the Property, depicted on Exhibit

B attached to the Application. C. Name of Structure: Shorefox Well No. 4. Legal description of point of diversion: in the NE1/4

SW1/4 of Section 30, Township 2 North, Range 76 West of the 6th P.M., at a point which is 1,580 feet from the West section of line and

1,350 feet from the South section line of said Section 30, as depicted on Exhibit A attached to the Application. Source: Colorado River

Alluvium. Appropriation date: August 11, 2003. Amount decreed: 2.0 cfs conditional. The total combined rate of diversions from

Shorefox Well Nos. 2 through 5 shall not exceed 2.0 cfs. The total annual out-of-priority diversions from Shorefox Wells Nos. 2 through

5 shall not exceed 519.6 acre feet per year. Decreed uses: Domestic, commercial, municipal, irrigation and fire protection uses

associated with residential and commercial development. The irrigation use shall be on up to 27.55 acres of land within the Property,

depicted on Exhibit B attached to the Application. D. Name of Structure: Shorefox Well No. 5. Legal description of point of diversion:

in the NE1/4 SW1/4 of Section 30, Township 2 North, Range 76 West of the 6th P.M., at a point which is 2,170 feet from the West

section of line and 1,540 feet from the South section line of said Section 30, as depicted on Exhibit A attached to the Application.

Source: Colorado River Alluvium. Appropriation date: August 11, 2003. Amount decreed: 2.0 cfs conditional. The total combined

rate of diversions from Shorefox Well Nos. 2 through 5 shall not exceed 2.0 cfs. The total annual out-of-priority diversions from

Shorefox Wells Nos. 2 through 5 shall not exceed 519.6 acre feet per year. Decreed uses: Domestic, commercial, municipal, irrigation

and fire protection uses associated with residential and commercial development. The irrigation use shall be on up to 27.55 acres of land

within the Property, depicted on Exhibit B attached to the Application. E. Name of structure:Shorefox Municipal Exchange A -

Augmentation. Downstream Termini: a. Confluence of Muddy Creek and the Colorado River (when water is supplied from Wolford

Mountain Reservoir) described as follows: 260 feet south of the north section line and 2050 feet west of the east section line in the NW

1/4 of the NE 1/4 of Section 19, Township 1 North, Range 80 West of the 6 th P.M., based on BLM PLSS, Grand County, Colorado.

NAD 83 Zone 13 easting: 380,748 northing: 4,433,448. b. Confluence of Roaring Fork and the Colorado Rivers (when water is

supplied from Ruedi Reservoir) described as follows: 2020 feet south of the north section line and 2240 feet east of the west section

line in the SE 1/4 of the NW 1/4 of Section 9, Township 6 South, Range 89 West of the 6th P.M., based on BLM PLSS, Garfield County,

Colorado. NAD 83 Zone 13 easting: 299,744 northing: 4,380,373. Upstream termini: Points of diversion of Shorefox Wells Nos. 2

through 5. Date of initial appropriation: December 31, 2003. Maximum rate of exchange for the Shorefox Municipal Exchange A:

1.25 cfs, conditional, not to exceed 15 acre feet annually. This amount includes a 10 percent transit loss charge. Shorefox Municipal

Exchange A and Exchange B shall be limited to a combined rate of 1.25 cfs, and an annual limit of 15 acre feet. Sources of Substitute

Supply: Colorado River Water Conservation District (“CRWCD”) owns and operates Wolford Mountain Reservoir (f/k/a Gunsight

Pass Reservoir), which has water rights decreed in Case Nos. 87CW283, 95CW281 and 98CW237. CRWCD is also entitled to deliveries

from Ruedi Reservoir, which has water rights decreed in CA 4613 and Case No. 81CW34. Remarks: This exchange shall only operate

to the extent that Applicants have a then-current contract with CRWCD. This exchange will be operated for exchange of the

augmentation water to the points of depletion in conjunction with the plan for augmentation decreed in Case No. 03CW334. F. Name

of structure: Shorefox Municipal Exchange B - Exchange to Storage. Downstream Termini: a. Confluence of Muddy Creek and the

Colorado River. b. Confluence of Roaring Fork and the Colorado Rivers. Upstream Termini: Points of diversion of Shorefox

Augmentation Pond Nos. 1 and 2. a. Shorefox Diversion No. 5, located at a point on the Colorado River in the SW1/4 NW1/4 of

Section 30, Township North, Range 76 West of the 6th P.M., 110 feet East of the West Section line and 2430 feet South of the North

Section line of said Section 30. b. Bunte Highline Ditch, located on the right bank of Willow Creek whence the Southeast Corner of

Section 17, Township 2 North, Range 76 West of the 6th P.M. bears South 32 10’ East 4234 feet, also described as a point in the SW1/4

of the NE1/4 of Section 17, Township 2 North, Range 76 West, 6th P.M., 1890 feet from the North Section line and 2340 feet from the

West Section line. Date of initial appropriation: December 31, 2003. Maximum rate of exchange for the Shorefox Municipal Exchange

B. 1.25 cfs, conditional, not to exceed 15 acre feet annually. This amount includes a 10 percent transit loss charge. Shorefox Municipal

Exchange A and Exchange B shall be limited to a combined rate of 1.25 cfs, and an annual limit of 15 acre feet. Source of Substitute

Supply: The source of water for the exchange is the CRWCD water from Wolford Mountain Reservoir and/or Ruedi Reservoir.

Remarks: This exchange will be operated to store contract water in Shorefox Augmentation Pond Nos. 1 and 2 for subsequent release

under the plan for augmentation decreed in Case No. 03CW334. The application includes a detailed description of what has been done

toward or for completion of the appropriation and application of water to beneficial use as conditionally decreed, including expenditures.

Claim to make absolute in whole or in part. Applicants reserve the right to claim any of the subject water rights absolute, in whole or

in part, based on diversions or exchanges that occur during the pendency of this case, without the need to amend and republish the

application. Owners of land on which structures are located: Applicants own the land on which the following diversion structures are

located: Shorefox Well No. 2 to 5; Shorefox Diversion No. 5. Northern Colorado Water Conservancy District, 220 Water Ave.,

Berthoud, CO 80513, owns the land on which the Bunte Highline Ditch headgate is located. Claims for relief. Applicants request a

finding that Applicants have: diverted water in priority and placed it to beneficial use in part; and demonstrated reasonable diligence in

putting the remaining conditional water rights to beneficial use and that the rights are continued as conditional water rights.

JUNE 2020 RESUME

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PAGE 12



















diligence: Original decrees for conditional water rights in this application: Date of original decree: June 2, 2014.Case No.: 2003CW335,

District Court, Water Division No. 5 for all water rights; A map showing the conditional water rights is attached to the Application as

Exhibit A. Structures and descriptions of conditional water rights: A. Name of structure: Shorefox North Ranch Wellfield. Legal

description: The Shorefox North Ranch Wellfield is located on that portion of Applicant’s land lying North of the Colorado River in

Sections 19, 20, and 30, in Township 2 North, Range 76 West, and Sections 24 and 25, in Township 2 North, Range 77 West of the 6th

P.M. A map generally depicting the location of the Wellfield is attached to the Application as Exhibit A. Source: Groundwater tributary

to the Colorado River. Date of initiation of appropriation date: August 11, 2003. Amount: 1.7 cfs, conditional, not to exceed 34 acre

feet of diversion annually. Decreed uses: Domestic, commercial, irrigation and stock watering. The irrigation use shall be on up to

27.55 acres of land within the Property, depicted on Exhibit B attached to the Application. Remarks: The boundaries for the wellfield

are co-terminus with the boundaries of real property shown on Exhibit B attached to the Application. (“Northern Property”). The

Northern Property will comprise up to the equivalent of 50 residential lots, each with its own well. The Northern Property may include

commercial activities, such as a lodge and/or restaurant. The water demand analysis for the 50 lots utilized an assumption of 450

gallons per day, per house, which includes 350 gallons per day for in-house uses and 100 gallons per day for stockwatering. The

irrigation use shall be up to 4.6 acres of land within Parcel A as shown on Exhibit B attached to the application. The wells will operate

pursuant to the plan for augmentation decreed in Case 03CW335. B. Name of structure: Shorefox North Ranch Wellfield Exchange.

Downstream Terminus: Confluence of Muddy Creek and the Colorado River (with regard to water released from Wolford Mountain

Reservoir) described as follows: 260 feet South of the North section line and 2050 feet West of the East section line in the NW 1/4 of

the NE 1/4 of Section 19, Township 1 North, Range 80 West of the 6th P.M. based on BLM PLSS, Grand County, Colorado. NAD 83

Zone 13 easting: 380,748 northing: 4,433,448. Upstream Terminus: Shorefox North Ranch Wellfield. Date of initiation of

appropriation: December 31, 2003 Maximum rate of exchange: 0.01 cfs, conditional, limited to 3 acre feet annually. Sources of

Substitute Supply: Colorado River Water Conservaction District (‘CRWCD”) owns and operates Wolford Mountain Reservoir (f/k/a

Gunsight Pass Reservoir), which has water rights decreed in Case Nos. 87CW283, 95CW281 and 98CW237. CRWCD is also entitled

to deliveries from Ruedi Reservoir, which has water rights decreed in CA 4613 and Case No. 81CW34. Remarks: This exchange shall

only operate to the extent that Applicants have a then current contract with CRWCD. This exchange will be operated in conjunction

with the plan for augmentation decreed in Case 03CW335. The water to be exchanged will be released from either Ruedi Reservoir or

Wolford Mountain Reservoir and exchanged to the point of depletion of the Wellfield. The application includes a detailed description

of what has been done toward or for completion of the appropriation and application of water to beneficial use as conditionally decreed,

including expenditures. Claim to make absolute in whole or in part. Applicants reserve the right to claim any of the subject water rights

absolute, in whole or in part, based on diversions or exchanges that occur during the pendency of this case, without the need to amend

and republish the application. Owners of land on which structures are located: Applicants own the land on which the Shorefox North

Ranch Well Field is located. Claims for relief. Applicants request a finding that Applicants have: diverted water in priority and placed

it to beneficial use and demonstrated reasonable diligence in putting the remaining conditional water rights to beneficial use and that the

rights are continued as conditional water rights.








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20CW3073 (2003CW336 and 2005CW288) GRAND COUNTY, COLORADO RIVER, Application for Findings of Reasonable

Diligence and To Make Conditional Water Rights Absolute Part. Applicants: Town of Granby (“Granby”), c/o Ted Cherry, Granby

Town Manager, P.O. Box 440, Granby, Colorado 80446, [email protected], (970) 887-2501 and Sun River Run Ranch RV,

LLC (“Sun”), c/o John McLaren, 27777 Franklin Road, Suite 200, Southfield, MI 48034, (248) 208-2500, jmclaren

@suncommunities.com. Please direct all correspondence to Applicants’ attorneys: (for Town of Granby): c/o Scotty P. Krob and Nathan

Krob, Krob Law Office, LLC, 8400 E. Prentice Avenue, Penthouse, Greenwood Village Colorado 80111, (303) 694-0099, (For Sun

River Run Ranch RV, LLC): c/o Madoline Wallace-Gross and Carey S. Smith, Lyons Gaddis Kahn Hall Jeffers Dworak & Grant P.C.,

P.O. Box 978, Longmont, CO 80502-0978, (303) 776-9900. Applicants request the following water rights be made partially absolute

and for findings of reasonable diligence: Original decrees for conditional water rights in this application: Date of original decree: June

2, 2014.Case Nos.: 2003CW336 (for all water rights except Shorefox Exchange A - Augmentation and Shorefox Exchange B - Storage);

05CW288 (for South Shorefox Pond only), District Court, Water Division No. 5; A map showing the conditional water rights is attached

to the Application as Exhibit A. Structures and descriptions of conditional water rights: A. Name of structure: North Shorefox Pond.

Legal Description: In the NE ¼ NW ¼, Section 30, Township 2 North, Range 76 West 6th P.M., Grand County, Colorado. The outlet of

the reservoir is at a point located 1300 feet from the North section line and 1700 feet from the West section line of said Section 30.

Sources of water to fill pond: Willow Creek, tributary to the Colorado River, and the Colorado River. Names of Structures used to fill

the pond: a. Bunte Highline Ditch: On the right bank of Willow Creek whence the Southeast Corner of Section 17, Township 2 North,

Range 76 West of the 6th P.M. bears South 32 10’ East 4234 feet, also described as a point in the SW1/4 of the NE1/4 of Section 17,

Township 2 North, Range 76 West, 6th P.M., 1890 feet from the North Section line and 2340 feet from the West Section line. This point

of diversion was decreed in Case No. 03CW336. b. Shorefox Diversion No. 1: In the SW1/4 SW1/4, Section 20, Township 2 North,

Range 76 West, 6th P.M., Grand County, Colorado at a point located 4350 feet from the North Section line and 1150 feet from the West

Section line of said Section 20. This point of diversion was decreed in Case No. 03CW336. c. Shorefox Diversion No. 2: In the SW1/4

NE1/4, Section 30, Township 2 North, Range 76 West, 6th P.M., Grand County, Colorado at a point located 2500 feet from the North

Section line and 2540 feet from the West Section line of said Section 30. This point of diversion was decreed in Case No. 03CW336.

d. Shorefox Diversion No. 4: At a point on the left bank of the Colorado River in the NW1/4 SE1/4 of Section 25, Township 2 North,

Range 77 West of the 6th P.M., 2500 feet West of the East Section line and 2230 feet North of the South Section line of said Section 25.

This point of diversion was decreed in Case No. 05CW288. e. Shorefox Diversion No. 5: At a point on the Colorado River in the

SW1/4 NW1/4 of Section 30, Township North, Range 76 West of the 6th P.M., 110 feet East of the West Section line and 2430 feet

South of the North Section line of said Section 30. This point of diversion was decreed in Case No. 05CW288. Amount: 150 acre feet,

conditional. Date of appropriation: December 31, 2003. Uses: Recreation, piscatorial, wildlife habitat and watering within the reservoir,

and fire protection and augmentation which will occur after water is released from storage. B.Name of Structure: South Shorefox

Pond. Legal Description: Location of Dam: In the SE1/4 SE1/4, Section 25, Township 2 North, Range 77 West, 6th P.M., Grand County,

Colorado. The outlet of the reservoir is at a point located 4800 feet from the North Section line and 4400 feet from the West Section line

of said Section 25. Sources of water to fill pond: Colorado River. Names and locations of structures used to fill pond: a.Shorefox

Diversion No. 3: Located in the NE1/4 SW1/4, Section 30, Township 2 North, Range 76 West, 6 th P.M., Grand County Colorado at a

point located 2760 feet from the North Section line and 2500 feet from the West Section line of said Section 30. This point of diversion

was decreed in Case No. 03CW336. b. Selak-Larabee Ditch: The headgate of the ditch is located at a point on the South bank of the

Colorado River, formerly known as Grand River, at a point whence the SE corner, Section 30, Township 2 North, Range 76 West of the

6th P.M. bears South 43 East, 2435 feet. This point of diversion was decreed in Case No. 03CW336. c. Shorefox Diversion No. 4:

At a point on the left bank of the Colorado River in the NW1/4 SE1/4 of Section 25, Township 2 North, Range 77 West of the 6 th P.M.,

2500 feet West of the East Section line and 2230 feet North of the South Section line of said Section 25. This point of diversion was

decreed in Case No. 05CW288. d. Shorefox Diversion No. 5: At a point on the Colorado River in the SW1/4 NW1/4 of Section 30,

Township North, Range 76 West of the 6th P.M., 110 feet East of the West Section line and 2430 feet South of the North Section line of

said Section 30. This point of diversion was decreed in Case No. 05CW288. Amount: 100 acre feet, conditional. Date of appropriation:

December 31, 2003. Uses: Recreation, commercial, piscatorial, wildlife habitat and watering within the reservoir; fire protection,

construction and augmentation uses will occur subsequent to release from storage. C. Name of Structure: Shorefox Fish Pond System.

Legal Description: A series of interconnected ponds, ditches and artificial streams located in Sections 25 and 36, Township 2 North,

Range 77 West, and Section 30, Township 2 South, Range 76 West, 6th P.M., Grand County, Colorado. The pond system begins at a

point of diversion on the left bank of the Colorado River (aka Shorefox Diversion No. 3. Sources of water to fill pond system: Colorado

River. Names and locations of structures used to fill the pond system: a.Shorefox Diversion No. 3. This point of diversion was decreed

in Case No. 03CW336. b. Selak-Larabee Ditch. This point of diversion was decreed in Case No. 03CW336. c. Shorefox Diversion

No. 4. This point of diversion was decreed in Case No. 05CW288. d. Shorefox Diversion No. 5 This point of diversion was decreed in

Case No. 05CW288. Amount Decreed: 20 acre feet, conditional, with right to fill and refill when in priority or when augmented. Date

of appropriation: December 31, 2003. Uses: Commercial, aesthetic, recreation, piscatorial, wildlife habitat and watering all within the

reservoir, and fire protection. D. Name of Structure: Shorefox Cutthroat Trout Refugium. Legal Description: The Refugium system

is a series of interconnected ponds and artificial stream channels located in the Section 30, Township 2 North, Range 76 West and

Section 25, Township 2 North, Range 77 West, 6th P.M., Grand County, Colorado. The beginning of the System is located at a point

4350 feet from the North section line and 1150 feet from the West Section line of said Section 30. Sources of water to fill reservoir:

JUNE 2020 RESUME

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PAGE 14

Colorado River and Willow Creek. Names and location of the decreed fill structures for the conditional water right: a. Shorefox

Diversion No. 1. This point of diversion was decreed in Case No. 03CW336. b. Shorefox Diversion No. 2. This point of diversion

was decreed in Case No. 03CW336. c. Bunte Highline Ditch. This point of diversion was decreed in Case No. 03CW336. d. Shorefox

Diversion No. 4. This point of diversion was decreed in Case No. 05CW288. e. Shorefox Diversion No. 5. This point of diversion

was decreed in Case No. 05CW288. Appropriation date: December 31, 2003, for all structures. Amount decreed: 20 acre feet,

conditional, with right to fill and refill when in priority or when augmented. Decreed uses: Piscatorial, recreational, and commercial

uses within the Refugium system. E. Name of Structure: Shorefox Exchange A – Augmentation. Downstream Terminus: Confluence

of Muddy Creek and the Colorado River (for releases of water from Wolford Mountain Reservoir) described as follows: 260 feet South

of the North section line and 2050 feet West of the East Section line in the NW1/4 of the NE1/4 of Section 9, Township 1 North, Range

80 West of the 6th P.M. based on BLM PLSS, Grand County, Colorado. NAD 83 Zone 13 easting: 380,748 northing: 4,433,448.

Upstream Termini: a. Points of diversion used to fill Shorefox Augmentation Pond Nos. 1 and 2 adjudicated in Case No. 06CW257 1.

Bunte Highline Ditch. 2. Shorefox Diversion No. 5. b. Points of diversion used to fill the North Shorefox Pond adjudicated in 03CW336

and 05CW288, identified as follows: 1. Bunte Highline Ditch. 2. Shorefox Diversion No. 1. 3. Shorefox Diversion No. 2. 4. Shorefox

Diversion No. 4. 5. Shorefox Diversion No. 5. Points of Diversion used to fill the South Shorefox Pond as adjudicated in 03CW336

and 05CW288, identified as follows: 1. Shorefox Diversion No. 3. 2. Shorefox Diversion No. 4. 3. Shorefox Diversion No. 5. 4.

Selak-Larabee Ditch. Sources of Substitute Supply: Colorado River Water Conservation District (“CRWCD”) owns and operates

Wolford Mountain Reservoir (f/k/a Gunsight Pass Reservoir), which has water rights decreed in Case Nos. 87CW283, 95CW281 and

98CW237. CRWCD is also entitled to deliveries from Ruedi Reservoir, which has water rights decreed in CA 4613 and Case No.

81CW34. Appropriation date: December 31, 2003. Maximum rate of exchange: 1.0 c.f.s., conditional, limited to 100 acre feet annually.

Shorefox Exchange A and Exchange B shall be limited to a combined rate of 1.0 c.f.s., and an annual limit of 100 acre feet. Use: For

augmentation of the structures identified above. Remarks: This exchange shall only operate to the extent that Applicants have a then-

current contract with CRWCD. This exchange will be operated in conjunction with the plan for augmentation decreed in Case 03CW336.

The water to be exchanged will be released from either Ruedi Reservoir or Wolford Mountain Reservoir and exchanged to the structures

identified above. F.Name of structure: Shorefox Exchange B – Storage. Downstream Terminus: Confluence of Muddy Creek and

the Colorado River (for releases of water from Wolford Mountain Reservoir). Upstream Termini: Points of diversion to fill the Shorefox

Augmentation Pond Nos. 1 and 2, the North Shorefox Pond, and the South Shorefox Pond. Source of Substitute Supply: The source of

the water for the exchange is CRCWD contract water released from either Wolford Mountain Reservoir or Ruedi Reservoir.

Appropriation date: December 31, 2003. Maximum rate of exchange: 1.0 c.f.s., conditional, limited to 100 acre feet annually. Shorefox

Exchange A and Exchange B shall be limited to a combined rate of 1.0 c.f.s., and an annual limit of 100 acre feet. Use: For augmentation

of the structures identified above through storage for subsequent release. Remarks: This exchange shall only operate to the extent that

Applicants have a then-current contract with CRWCD. This exchange will be operated for storage of water in the structure identified

above. Claim to make absolute in whole or in part. A. South Shorefox Pond. Date water diverted and stored for beneficial use: May

1 to May 30, 2019. Amount: 37.7 a.f. Use: All decreed uses. B. Applicants reserve the right to claim any of the subject water rights

absolute, in whole or in part, based on storage or exchanges that occur during the pendency of this case, without the need to amend and

republish the application. Owners of land on which structures are located: Applicants own the land on which the following diversion

structures are or will be located: North Shorefox Pond; South Shorefox Pond; Shorefox Fish Pond System; Shorefox Cutthroat Trout

Refugium; Shorefox Diversion No. 1; Shorefox Diversion No. 2; Shorefox Diversion No. 3; Shorefox Diversion No. 4 and Shorefox

Diversion No. 5. Dines Family Holdings LLLC, 2595 E. Cedar Ave., Denver, CO 80209, owns the land on which the Selak-Larabee

Ditch headgate is located. Northern Colorado Water Conservancy District, 220 Water Ave., Berthoud, CO 80513 owns the land on

which the Bunte-Highline Ditch headgate is located. Claims for relief. Applicants request a finding that Applicants have: diverted

water in priority and place it to beneficial use and demonstrated reasonable diligence in putting the remaining conditional water rights

to beneficial use and that the rights are continued as conditional rights.











20CW3075 ROUTT COUNTY – COLORADO RIVER OR ITS TRIBUTARIES. KING CREEK RANCH, LLC, c/o Scott C.

Miller, Esq. and Danielle L. Van Arsdale, Esq., Patrick, Miller & Noto, P.C., 229 Midland Ave., Basalt, CO 81621 (970) 920-1030.

APPLICATION TO MAKE WATER RIGHTS ABSOLUTE. First Claim: Shop Pond. Original decree: Case No. 97CW302, Division

5 Water Court; July 28, 2000. Legal Description: UTM Coordinates Zone 13, N. 4429413, E. 347344, Section 3, Township 1 South,

Range 84 West of the 6th P.M. Source: Red Dirt Creek, tributary to the Colorado River via the Kirby Jones Ditch. Appropriation

date: October 15, 1997. Amount: 33.4 acre-feet. Uses remaining conditional: Augmentation and irrigation. Claim for absolute: Amount:

33.4 acre-feet. Uses: Augmentation and irrigation. Date applied to beneficial use: July 31, 1989. Second Claim: Washburn Cabin Pond.

JUNE 2020 RESUME

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PAGE 15

Original decree: Case No. 97CW302, Division 5 Water Court; July 28, 2000. Legal Description: 1500 feet from the North line and 2450

feet from the East line in the NW ¼ of the NE ¼ of Section 36, Township 1 North, Range 84 West of the 6th P.M. Source: Unnamed

tributary to Egeria Creek, tributary to the Colorado River. Appropriation date: October 15, 1997. Amount: 14.0 acre-feet. Uses remaining

conditional: Augmentation. Claim for absolute: Amount: 14.0 acre-feet. Uses: Augmentation. Date applied to beneficial use: July 31,

1996. Third Claim: Railroad Pond. Original decree: Case No. 97CW302, Division 5 Water Court; July 28, 2000. Legal Description:

2450 feet from the North line and 250 feet from the West line in the SW ¼ of the NW ¼ of Section 25, Township 1 North, Range 84

West of the 6th P.M. Source: Unnamed tributary to Egeria Creek, tributary to the Colorado River. Appropriation date: October 15, 1997.

Amount: 8.4 acre-feet. Uses remaining conditional: Augmentation and irrigation. Claim for absolute: Amount: 8.4 acre-feet. Uses:

Augmentation and irrigation. Date applied to beneficial use: July 31, 1995. Fourth Claim: School House Pond. Original decree: Case

No. 97CW302, Division 5 Water Court; July 28, 2000. Legal Description: 150 feet from the South line and 1700 feet from the West line

in the SE ¼ of the SW ¼ of Section 25, Township 1 North, Range 84 West of the 6th P.M. Source: Unnamed tributary to Egeria Creek,

tributary to the Colorado River. Appropriation date: October 15, 1997. Amount: 8.5 acre-feet. Uses remaining conditional:

Augmentation and irrigation. Claim for absolute: Amount: 8.5 acre-feet. Uses: Augmentation and irrigation. Date applied to beneficial

use: July 31, 1995. Decreed uses for all Claims: Aesthetic, piscatorial, recreation, fire protection, stock water, wildlife habitat, wetland

creation, irrigation, and augmentation. Place of use for all Claims: King Creek Ranch; irrigation occurs within approximately 100 acres

in the West ½ of Section 25, Township 1 North, Range 4 West of the 6th P.M. and Section 25, Township 1 North, Range 4 West of the

6th P.M. Map of pond locations and place of use is on file with the court as Exhibit A. Map of irrigated areas is on file with the court as

Exhibit B. A description of work done in to complete appropriation is on file with the court as Exhibit C. Applicant owns the land where

the ponds are located and put to beneficial use. The ponds are component parts of an integrated water supply for King Creek Ranch,

Case No. 06CW153.











20CW3076 PITKIN COUNTY – SOPRIS CREEK, TRIBUTARY TO ROARING FORK RIVER AND COLORADO RIVER.

TRIPLE M RANCH HOLDINGS, LLC, A Colorado limited liability company, c/o Paul L. Noto, Esq. and Danielle L. Van Arsdale,

Esq., Patrick, Miller & Noto, P.C., 229 Midland Ave., Basalt, CO 81621 (970) 920-1030. APPLICATION FOR FINDINGS OF

REASONABLE DILIGENCE. First Claim: Triple M Enlargement. Original Decree: June 2, 2014, Case No. 12CW179, Division 5

Water Court. Legal Description: SE ¼ SW ¼ of Section 13, Township 8 S., Range 87 W. of the 6th P.M., 931 feet from the South Section

line and 2,192 feet from the West Section line. Source: Sopris Creek, tributary to the Roaring Fork River. Date of Appropriation:

September 28, 2012. Amount: 0.5 c.f.s., conditional. Uses: Irrigation, livestock watering, and fire protection. Irrigation use: Water

diverted at the Davis Ditch-Triple M Diversion and Triple M Enlargement water rights will irrigate a total of 9.2 acres of land on

Applicant’s property in Section 13, Township S., Range 7 W., of the 6th P.M. Second Claim: Triple M Pond. Original Decree: June 2,

2014, Case No. 12CW179, Division 5 Water Court. Legal Description: SE ¼ SW ¼ of Section 13, Township 8 S., Range 87 W. of the

6th P.M., 978 feet from the South Section line and 2,508 feet from the West Section line. Source: Sopris Creek, tributary to the Roaring

Fork River; via the Triple M Enlargement described in the First Claim. Date of Appropriation: September 28, 2012. Amount: 2.0 acre-

feet, conditional with right to fill and refill when water is physically and legally available. Uses: Fire protection, livestock watering,

piscatorial, recreation, and aesthetic purposes, and as an irrigation control structure for Applicant’s Davis Ditch-Triple M Diversion and

Triple M Enlargement water rights. Surface area at high water: 0.4 acre. Max dam height: 10 ft; dam length: 300 ft. Remark: The pond

will be operated as a flow-through structure and the outlet will return water to Sopris Creek or above the point of diversion of Triple M

Enlargement. A description of work done towards completion of appropriation is included in the Application with more evidence on file

with the court as Exhibit A. A map of water rights locations and general place of use, including irrigation, is on file with the court as

Figure 3. Triple M Enlargement and Triple M Pond are augmented under the plan for augmentation decreed in Case No. 12CW180.

Water rights are located and are or will be put to beneficial use on land owned by Applicant









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PAGE 16



20CW3077 PITKIN COUNTY – SOPRIS CREEK, TRIBUTARY TO ROARING FORK RIVER AND COLORADO RIVER.

TRIPLE M RANCH HOLDINGS, LLC, A Colorado limited liability company, c/o Paul L. Noto, Esq. and Danielle L. Van Arsdale,

Esq., Patrick, Miller & Noto, P.C., 229 Midland Ave., Basalt, CO 81621 (970) 920-1030. APPLICATION FOR FINDING OF

REASONABLE DILIGENCE. First Claim: Triple M Exchange. Original Decree: June 2, 2014, Case No. 12CW180, Division 5 Water

Court. Legal Description: Lower termini: Green Mountain Reservoir water: SE ¼, NW ¼ of Section 9, Township 6 S., Range 89 W. of

the 6th P.M., 2,200 feet from the North Section line and 2,350 feet from the West Section line; Ruedi Reservoir and/or Troy and Edith

Ditch water: SW ¼, SE ¼ of Section 7, Township 8 S., Range 86 W. of the 6th P.M., 647 feet from the South Section line and 1,475

feet from the East Section line; Robinson Ditch water: NW ¼, SE ¼ of Section 11, Township 8 S., Range 87 W. of the 6 P.M., 2,307

feet from the South Section line and 2,309 feet from the East Section line. Upper terminus: Triple M Enlargement (Case No. 12CW179)

SE ¼, SW ¼ of Section 13, Township 8 S., Range 87 W. of the 6th P.M., 931 feet from the South Section line and 2,192 feet from the

West Section line. Source: 4.1 acre-feet BWCD Water Allotment Contract No. 615. Green Mountain Reservoir: NE ¼, SE ¼ of Section

15, Township 2 S., Range 80 W. of the 6th P.M., 2,312 feet from the South Section line and 992 feet from the East Section line. Ruedi

Reservoir: NW ¼, NW ¼ of Section 18, Township 8 S., Range 84 W. of the 6th P.M., 324 feet from the North Section line and 984 feet

from the West section line. Troy & Edith Ditches: NW ¼, NE ¼ of Section 14, Township 8 S., Range 84 W. of the 6 th P.M., 285 feet

from the South Section line and 967 feet from the East Section line; SW ¼, SW ¼ of Section 12, Township 8 S., Range 84 W. of the 6th

P.M., 326 feet from the South Section line and 981 feet from the West Section line. Robinson Ditch: NW ¼, SE ¼ of Section 11,

Township 8 S., Range 87 W. of the 6th P.M., 2,307 feet from the South Section line and 2,309 feet from the East Section line. Date of

Appropriation: September 28, 2012. Rate: 0.02 c.f.s., conditional. Volume: 4.1 acre-feet. Plan of operation: Exchange is included in the

augmentation plan decreed in Case No. 12CW180. A description of work done towards completion of appropriation is included in the

Application with more evidence on file with the court as Exhibit A. Maps of water rights locations are on file with the court as Figures

3 and 4.











20CW3078 GARFIELD COUNTY – ROARING FORK RIVER OT ITS TRIBUTARIES. DOLORES (DEE) B. BLUE

REVOCABLE TRUST, c/o Scott C. Miller, Esq. and Danielle L. Van Arsdale, Esq., Patrick, Miller & Noto, P.C., 229 Midland Ave.,

Basalt, CO 81621 (970) 920-1030. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. First Claim: Sunnyside

Industrial Well No. 1; Well Permit No. 57204-F-R. Original decree: Case No. 87CW365 (2 of 2), Division 5 Water Court; December 1,

1989. Legal Description: SW ¼, SE ¼ of Section 25, Township 7 S., Range 88 W. of the 6 th P.M., at a point approximately 860 feet

from the south section line and 1,655 feet from the east section line (Garfield County). Source: Groundwater tributary to the Roaring

Fork and Colorado Rivers. Appropriation date: October 26, 1987. Amount: 0.888 c.f.s. (400 g.p.m.), conditional, out of 1.0 c.f.s. (450

g.p.m.) originally decreed. Uses: Industrial, mining, dust suppression, and manufacturing, with the right to use and reuse and completely

consume the same. Well depth: 135 feet. A copy of the well permit is on file with the court as Exhibit A. A map of the well location is

on file with the court as Exhibit B. A description of work done in an effort to complete appropriation is on file with the court as Exhibit

C with further details included in the Application. Applicant owns the land where the well is located and put to beneficial use. Sunnyside

Industrial Well No. 1 is augmented under the plan for augmentation decreed in Case No. 98CW364.











20CW3079 GRAND COUNTY. Early spring-flood and run-off waters in a 2 sq. mile watershed, trib. to the Fraser River. Application

for Finding of Reasonable Diligence. Co-Applicants: Town of Granby, P.O. Box 440, Granby, CO, 80446 c/o Scotty P. Krob, and

Nathan Krob, 8400 E. Prentice Avenue, Penthouse, Greenwood Village, CO 80111, (303) 694-0099,; SilverCreek Water and

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PAGE 17

Sanitation Dist. (“SilverCreek” or the “Dist.”), 336 Spruce Drive, P.O. Box 4014, SilverCreek, CO 80446, (970) 887-2850, c/o Jennifer

M. DiLalla and Josh B. Boissevain, Moses, Wittemyer, Harrison and Woodruff, P.C., 2595 Canyon Blvd., Suite 300, Boulder, CO

80302-6744, (303) 443-8782. Granby Realty Holdings, LLC (“GRH”), P.O. Box 798, Granby, CO 80446, c/o Christopher L. Geiger

and Margaret L. Casey, Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602, (970) 945-6546, Subject Water Right:

DeBerard Reservoir. Info. from previous decrees: Date of Orig. Decree: 8/3/1911, Case No. C.A. 183, Dist. Court for Grand County.

Subsequent diligence: Case No. 06CW104 entered 12/17/2007, and Case No. 13CW3091 entered 6/2/2014, both in Dist. Court, Water

Division No. 5. Decreed Location: NE 1/4 SW 1/4, Sec. 9, T. 1 N., R 76 W., 6 th P.M. The confirmed location of the outlet works of

the dam is a pt. in E1/2 SW1/4, Sec. 9, T. 1 N., R 76 W., 6th P.M. at a pt. 2,080 ft. from the S. line and 2,310 ft. from the W. line of said

Sec.. A location map of the structure is attached as Exhibit A to the application. Source: Early spring-flood and run-off waters in a 2

sq. mile watershed, trib. to the Fraser River. Approp. Date: 4/30/1907. Amt: 340,000 cubic ft. (7.8 a.f.), cond.. Use: Irr. per orig. decree

in C.A.183; storage structure for aug. releases per decree entered in W-1881, Water Court, Water Division No. 5. Comments: The

decreed location for DeBerard Reservoir coincides with the Lake Val Moritz Alternate No. 1 location decreed in Case No. 97CW0290,

as shown in Exhibit A to application. The existing DeBerard Reservoir structure does capture surface flows within its trib. watershed

in addition to water delivered to the location from the Fraser River under the Lake Val Moritz water rights. The reservoir is connected

to the golf course irr. system at Granby Ranch. The volume stored from the decreed source for the Subject Water Right has not been

determined, and so Co-Applicants are not seeking to make any portion of the water right absolute at this time. Integrated System: The

Subject Water Right is a decreed part of an integrated system of water rights, including a plan for aug., storage rights, surface rights,

groundwater rights, and an appropriative right of exchange, as decreed in Case Nos. W-1748; W-1881; W-2119; 80CW297, 82CW043,

and 82CW181 (Consol.); 90CW236; and 00CW071. This integrated system serves Co-Applicants’ existing and proposed residential

and comm. development and/or metropolitan service areas in and near the Town of Granby. "When a project or integrated system is

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

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

system decreed in W-1881 also includes absolute and cond. appropriative rights of exchange decreed in Case No. 90CW236 (confirmed

as part of Co-Applicants’ integrated system in Case No. 00CW071) and Lake Val Moritz decreed in W-2119 (confirmed as part of Co-

Applicants’ integrated system therein). GRH is the developer of Granby Ranch, a four-season mountain community in Granby,

Colorado. The resort and community is home to family-friendly skiing at Ski Granby Ranch, world-class downhill and cross-country

mountain biking at Bike Granby Ranch, as well as Golf Granby Ranch, an 18-hole championship mountain golf course. Granby Ranch

also provides private, gold-medal fishing, and family dining at Granby Ranch Grill. The development was previously named, at various

times and extents, Val Moritz, Silver Creek and Sol Vista. The Subject Water Right is part of the integrated water supply for the Granby

Ranch Development. In the diligence period preceding the filing of this Application, Co-Applicants have diligently pursued

development of the Subject Water Rights and the Co-Applicants’ other cond. rights. Examples of work done to establish diligence are

on file with this Court. Co-Applicants have no intention of abandoning any portion of the subject water right. No new, modified or

enlarged structures are contemplated in connection with this application.











20CW3080(11CW92). DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO, 109 8th Street, Suite 104,

Glenwood Springs, CO 81601. CONCERNING THE APPLICATION FOR WATER RIGHTS OF THE UPPER EAGLE

REGIONAL WATER AUTHORITY IN EAGLE, GRAND AND PITKIN COUNTIES, COLORADO. APPLICATION TO

MAKE ABSOLUTE AND FOR FINDINGS OF REASONABLE DILIGENCE. 1. Name and Address of Applicant: Upper Eagle

Regional Water Authority (the “Authority”), c/o Manager, 846 Forest Road, Vail, CO 81657, Direct All Pleadings to: Glenn E. Porzak,

Kristin H. Moseley, Cassidy L. Woodard, Porzak Browning & Bushong LLP, 2120 13th Street, Boulder, CO 80302. 2. Description of

Conditional Water Rights: In Case No. 11CW92, decreed on June 17, 2014 (“11CW92 Decree”), in the District Court in and for Water

Division No. 5, State of Colorado (“Water Court”), the Authority obtained a plan for augmentation and exchange to augment directly

or by exchange up to 345 acre-feet per year of out of priority depletions resulting from municipal diversions (to include municipal,

domestic, irrigation, commercial, industrial, recreational, and all other decreed water uses furnished by the Authority). This Application

is for the appropriative right of exchange associated with the plan for augmentation in the 11CW92 Decree, A. Water rights to be

augmented by exchange: i. Metcalf Headgate, located at a point from which the SE Corner of the SW1/4, Sec. 7, T. 5 S., R. 81 W. of

the 6th P.M. bears S. 53̊00’40” E. 1446 feet, which can also be described as on the Eagle River in the SE/4 SW/4 of Section 7, T. 5 S.,

R. 81 W., 6th P.M. at a point 870 feet from the south section line and 1,485 feet from the west section line, ii. Raw Water Booster Pump

Headgate, located at a point from which the SW Corner of the NW1/4, Sec. 12, T. 5 S., R. 82 W. of the 6 th P.M. bears S. 18̊01’34” W.

1551.13 feet, which can also be described as on the Eagle River in the NW/4 NW/4 of Section 12, T. 5 S., R. 82 W., 6th P.M. at a point

http://www.granbyranch.com/ski-ride-granby-ranch/colorado-skiing-snowboarding-ski-resorts.html

http://www.granbyranch.com/ski-ride-granby-ranch/colorado-skiing-snowboarding-ski-resorts.html

http://www.granbyranch.com/bike-granby-ranch/bike.html

http://www.granbyranch.com/bike-granby-ranch/bike.html

http://www.granbyranch.com/golf-granby-ranch/colorado-mountain-golf-courses.html

http://www.granbyranch.com/golf-granby-ranch/colorado-mountain-golf-courses.html

http://www.granbyranch.com/fish-granby-ranch/colorado-fly-fishing.html

http://www.granbyranch.com/fish-granby-ranch/colorado-fly-fishing.html

http://www.granbyranch.com/dining-at-granby-ranch/dining-restaurants-granby-ranch-grill.html

http://www.granbyranch.com/dining-at-granby-ranch/dining-restaurants-granby-ranch-grill.html

JUNE 2020 RESUME

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1,165 feet from the north section line and 480 feet from the west section line. The Metcalf Headgate and Raw Water Booster Pump

Headgate are used by the Authority pursuant to the decrees of the Water Court in Case Nos. 85CW608 through 85CW613, and in

subsequent decrees including in Case No. 00CW83, iii. UERWA Point A, located on Lake Creek in the SE/4 NE/4 of Section 6, T. 5 S.,

R. 82 W., 6th P.M. at a point whence the NE corner of said Section 6 bears N. 14̊30’E, a distance of 1750 feet, which can also be

described as 1,700 feet from the north section line and 410 feet from the east section line of said Section 6, or at a headgate well in the

alluvium of Lake Creek. This diversion was decreed in Water Court Case No. 93CW291 for 11.6 cfs., iv. Edwards Water District Well

No. 2, located in the Eagle River alluvium in the SE/4 SW/4 of Section 4, T. 5 S., R. 82 W., 6th P.M. at a point 750 feet from the south

section line and 2,100 feet from the West section line for 0.440 cfs in accordance with the decrees in Water Court Case Nos. 81CW161,

81CW195, and 85CW610, v. June Creek Ranch Company Well No. 2 (as changed in Case No. 84CW233), located in the Eagle River

alluvium and tied to the NW Corner, Section 4, T. 5 S., R. 82 W. of the 6th P.M., N. 0708'00" W. 3092.28 feet. while not decreed as

such, it can be located in the NW/4 SW/4 of Section 4, T. 5 S., R. 82 W., 6th P.M. at a point 2,240 feet from the south section line and

510 feet from the west section line, for 1.11 cfs in accordance with the decrees in Water Court Case Nos. W-3999, 82CW228, 84CW200,

84CW233, 88CW268, and 85CW613, vi. June Creek Ranch Company Well No. 4 (a/k/a Berry Creek Well No. 3) (as changed in Case

No. 84CW233), tied to the NW Corner, Section 4, T. 5 S., R. 82 W. of the 6 th P.M., N. 003̊2’17” W. 2530.24 feet, which can also be

located in the Eagle River alluvium in the SW/4 NW/4 of Section 4, T. 5 S., R. 82 W., 6th P.M. at a point 2,530 feet from the north

section line and 125 feet from the west section line, for 100 gpm in accordance with the decrees in Water Court Case Nos. W-3999,

82CW228, 84CW200, 84CW233, 88CW268, and 85CW613, vii. June Creek Ranch Company Well No. 6 (as changed in Case No.

84CW233), tied to the NW Corner, Section 4, T. 5 S., R. 82 W. of the 6th P.M., N. 092̊9’46” W. 3692.17 feet, which can also be located

in the Eagle River alluvium in the NW/4 SW/4 of Section 4, T. 5 S., R. 82 W., 6th P.M. at a point 1,680 feet from the south section line

and 760 feet from the west section line, for 1.11 cfs in accordance with the decrees in Water Court Case Nos. W-3999, 82CW228,

84CW200, 84CW233, 88CW268, and 85CW613, viii. Stag Gulch Wellfield, aka the Fenno Wells (“the Wellfield”) including up to

thirty-five individual wells, all located in the County of Eagle, Colorado. The locations of the Stag Gulch Wells, are described in the

decree in Case No. 91CW77, as amended by the decree in Case No. 96CW021. In the decree in Case 91CW77, the Authority was

granted the right to develop their ground water supplies through the wellfield concept, without having to amend the decree each time a

new well location is determined. The location of the Wellfield is in Tract 73 which is part of Sections 10 and 11, Tract 53, which is part

of Sections 10, 11 and 14, Tract 55, which is part of Sections 11 and 14, Tract 62 which is part of Sections 14 and 15, Tract 63 which is

part of Sections 14 and 15, Tract 51 which is part of Section 10, Tract 48 which is part of Sections 9 and 10, Tract 54, which is part of

Sections 10, 11, 14, and 15, and a tract of land designated as the “Cliff Tract” lying in the northeast corner of said Tract 53; all in

Township 5 South Range 83 West of the 6th P.M. according to the Independent Resurvey accepted June 6, 1923. In Case No. 96CW021,

the Court permitted 2 of the 35 permitted wells to be located in Section 14, Township 5 South Range 83 West of the 6th P.M. The

source of the Wellfield is groundwater from bedrock aquifers hydraulically connected to the Eagle River, a tributary to the Colorado

River, or to Squaw Creek, a tributary to the Eagle River, tributary to the Colorado River, with an appropriation date of April 26, 1990,

for 450 gallons per minute for the Wellfield, for irrigation, domestic, municipal, stockwatering, augmentation, replacement, exchange,

commercial, storage, recreation, piscatorial, golf course hazard and fire protection purposes. A total of 250 g.p.m. was previously made

absolute by the decree in Case No. 98CW8 for all uses listed above, except for augmentation, replacement, and exchange purposes, ix.

Edwards Water Facility, being a point located in the NW1/4 SW1/4 of Section 4, T. 5 S., R. 82 W., 6th P.M., on the northerly bank of

the Eagle River at a point 1,393 feet from the south section line and 654 feet from the west section line of said Section 4. This structure

was decreed as an alternate point of diversion for water rights owned by or perpetually leased by Applicant in Case No. 00CW83 and is

decreed as a point of diversion for 0.4 cfs in Case No. 02CW403. B. Water rights to be used as the source of replacement water: Up to

345 acre-feet of water from the following structures and water rights: i. 200 acre feet of water per year from Wolford Mountain Reservoir

under Contract No. CW02020 with the Colorado River Water Conservation District (“River District”) (as assigned from the Squaw

Creek Metropolitan District), decreed as follows: a. Case No. 87CW283: Date: November 20, 1989, Legal description of point of

diversion or place of storage: The dam is located in the SW¼ of the NE¼ of Section 25, T. 2 N., R. 81 W., 6th P.M. The intersection

of the dam axis with the right abutment will occur at a point which bears W. 54°54'20" E. a distance of 3,716.46 feet from the NW

Corner of said Section 25., Source: Muddy Creek and its tributaries, Amount: 59,993 acre feet conditional; of this amount, 32,986 acre

feet have been made absolute for piscatorial and recreational uses by decree entered in Water Court Case No. 95CW281, Appropriation

Date: December 14, 1987, Decreed Use: All beneficial uses, including but not limited to domestic, municipal, agricultural and

recreational uses, b. Case No. 95CW281: Date: August 26, 1997, Legal description of point of diversion or place of storage: The dam

is located in the SW¼ of the NE¼ of Section 25, T. 2 N., R. 81 W., 6th P.M. The as-built intersection of the dam axis (Sta. D19+35.61)

with the West Access Road (Sta. WR50+55.05), as shown on the River District, Wolford Mountain Project, Ritschard Dam construction

drawing "Dimensional Dam Layout" sheet 8 of 94, occurs at a point which bears S. 53°24'56" E. a distance of 3,395.51 feet from the

NW Corner of said Section 25; the bearing of said dam axis from Sta. 19+35.61 to Sta. 0+00 being S. 75° 28' 29" E. Source: Muddy

Creek and its tributaries, Amount: 6,000 acre feet conditional, Appropriation Date: January 16, 1995, Decreed Use: All beneficial uses

by and for the benefit of the inhabitants of the River District, including but not limited to domestic, municipal, industrial, irrigation,

agricultural, piscatorial and recreational; such uses will include environmental mitigation, including environmental mitigation

requirements associated with the Wolford Mountain Project; such uses will be made directly or by substitution, augmentation, or

exchange, c. Case No. 98CW237: Decree Date: July 6, 2000., Legal Description of place of storage: Same as for 95CW281, Source:

Muddy Creek and its tributaries, Amount: 30,000 acre feet conditional with 15,895 AF being absolute for recreational and piscatorial

and flood control, Appropriation Date: November 17, 1998, Use: Certain of the beneficial uses previously adjudicated for Wolford

Mountain Reservoir in Case No. 87CW283, District Court for Colorado Water Division No. 5 (November 20, 1989 Judgment and

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PAGE 19

Decree), and Case No. 95CW281, District Court for Colorado Water Division No. 5 (August 26, 1997 Judgment and Decree), ii. 200

acre-feet of water per year from Ruedi Reservoir, as an alternate to Wolford Mountain Reservoir, under Contract No. CW02020 with

the River District (as assigned from the Squaw Creek Metropolitan District), decreed as follows: The River District holds Contracts No.

009D6C0111, 009D6C0118, 039F6C0011, and 078D6C0106 from the United States Bureau of Reclamation for 6,730 acre feet of annual

supply from Ruedi Reservoir and may obtain additional contracts in the future. This water will be used in addition to and substitution

for Wolford Mountain Reservoir water in appropriate circumstances where Ruedi Reservoir water is physically equivalent to Wolford

Mountain Reservoir water. Ruedi Reservoir is located in Sections 7, 8, 9, 11 and 14 through 18, T. 8 S., R. 84 W., 6th P.M., in Eagle

and Pitkin Counties. The dam axis intersects the right abutment at a point whence the SW corner of Section 7, T. 8 S., R. 84 W. of the

6th P.M. bears N. 82º10'W. a distance of 1,285 feet. The source is the Fryingpan River. Ruedi Reservoir is decreed as follows: a. Civil

Action No. 4613: Decree Date: June 20, 1958, Court: Garfield County District Court., Amount: 140,697.3 acre feet, reduced to 102,369

acre feet pursuant to order of the Water Court in Case No. W-789-76. The full amount was made absolute in Case No. 88CW85.

Appropriation Date: July 29, 1957, Use: Domestic, municipal, irrigation, industrial, generation of electrical energy, stock watering and

piscatorial, b. Case No. 81CW34: Decree Date: April 8, 1985, Court: District Court, Water Div. No. 5., Amount: 101,280 acre feet

(refill); of this amount, 44,509 acre feet were made absolute in Case No. 95CW95 and 25,257 acre feet were made absolute in Case No.

01CW269, for a total of 69,766 acre feet absolute, Appropriation Date: Jan. 22, 1981, Use: Irrigation, domestic, municipal, generation

of electrical energy, stock watering, industrial, piscatorial, recreation and maintenance of sufficient storage reserves to fulfill contractual

obligations and provide stored water for recreation in times of drought, iii. 20 acre feet of water per year from Eagle Park Reservoir

under Contract No. CW02016 with the River District (as assigned from Squaw Creek Metropolitan District). Eagle Park Reservoir is

decreed by the Water Court in Case Nos. 92CW340 and 93CW301, for a combined total capacity of 27,600 acre feet, with an

appropriation date of March 16, 1991, for 5,300 acre feet, and May 18, 1993, for 22,300 acre feet, together with the right to divert at the

rate of 80 cfs under the August 10, 1956 appropriation date of the Pando Feeder Canal pursuant to the decree of the Water Court in Case

No. 97CW288, for mining, milling, industrial, snowmaking, municipal, domestic, stock watering, recreation, fish and wildlife, irrigation,

agricultural, exchange, replacement, augmentation and all other beneficial purposes. The north abutment of the dam crest is located

approximately 160 feet north of the south section line and 650 feet east of the west section line of Section 28, T. 7 S., R. 79 W., 6th

P.M., Eagle County, Colorado. Eagle Park Reservoir is augmented by exchange by decree of the Water Court in Case No. 95CW348.

Eagle Park Reservoir Company has made absolute 3,301 acre feet of the original 5,300 acre feet by decree of the Water Court entered

in Case No. 00CW210. The source of Eagle Park Reservoir is the East Fork of the Eagle River including runoff, surface flow and

seepage from the area above the reservoir and tributary thereto, and water tributary to Tenmile Creek a tributary of the Blue River. In

addition to the tributary area upstream of the reservoir, the specific points of diversion into storage for Eagle Park Reservoir are as

follows: a. The East Fork Interceptor Ditch, which has a capacity of 48 cfs and diverts from unnamed tributaries of the East Fork of the

Eagle River at the following points, all of which are located in Eagle County, Colorado: I. 900 feet south of the north section line and

1100 feet west of the east section line of Section 5, T. 8 S., R. 79 W., 6th P.M., II. 1250 feet south of the north section line and 700 feet

east of the west section line of Section 4, T. 8 S., R. 79 W., 6th P.M., III. 1200 feet north of the south section line and 800 feet east of

the west section line of Section 33, T. 7 S., R. 79 W., 6th P.M., IV. Runoff, surface flow, and seepage from the area above the East Fork

Interceptor Ditch as it runs between the above-described points of diversion and Eagle Park Reservoir, b. The Chalk Mountain

Interceptor Ditch, which has a capacity of 12 cfs and diverts runoff and seepage as it runs a distance of approximately 3.4 miles from

Fremont Pass, located in the W1/2 of Section 11, T. 8 S., R. 79 W., 6th P.M., northwesterly along State Highway 91 and the South side

of Robinson Tailing Pond, thence westerly to the south of Chalk Mountain Reservoir and Robinson Reservoir, thence northwesterly to

Eagle Park Reservoir. The Chalk Mountain Interceptor Ditch diverts water from the headwaters of Tenmile Creek in Summit County

and from the headwaters of the East Fork of the Eagle River in Eagle County, c. The East Interceptor Ditch, which has a capacity of 20

cfs and runs northeasterly from a point whence the northeast corner of Section 2, T. 8 S., R. 79 W., 6th P.M. bears North 77°20' East a

distance of 850 feet at the north fork of McNulty Creek, thence along the east side of Robinson and Tenmile Tailing Ponds into Supply

Canal No. 1 described below. The East Interceptor Ditch diverts water from the north fork of McNulty Creek and surface flow, seepage,

and runoff from watersheds above it that are tributary to Tenmile Creek, d. The Supply Canal No. 1, which has a capacity of 10 cfs and

diverts water from the following tributaries of Tenmile Creek at the following points: I. On the west bank of Humbug Creek at a point

whence the southwest corner of Section 18, T. 7 S., R. 78 W. bears South 71°35' West a distance of 3250 feet, II. On the south bank of

Mayflower Creek at a point whence the northeast corner of Section 24, T. 7 S., R. 79 W., 6th P.M. bears North 16°55' East a distance

of 2250 feet, III. Runoff, surface flow, and seepage from the area above the Supply Canal No. 1 as it runs between the above-described

points of diversion and the Climax Mill, e. The Supply Canal No. 2, which has a capacity of 10 cfs and diverts water from the following

tributaries of Tenmile Creek at the following points: I. On the west bank of Searle Creek at a point whence U.S.L.M. Kokomo bears

South 45°58' East 3740 feet (located in the NW¼ of the SE¼ of Section 13, T. 7 S., R. 79 W., 6th P.M.)., II. On the south bank of

Kokomo Creek at a point whence U.S.L.M. Kokomo bears North 39°36' east 2635 feet (located in the SE¼ of Section 22, T. 7 S.,

R. 79 W., 6th P.M.)., III. Runoff, surface flow, and seepage from the area above the Supply Canal No. 2 as it runs between the above-

described points of diversion and the Climax Mill, f. The East Fork Pumping Plant, which has a capacity of 6 cfs and diverts from the

East Fork of the Eagle River at a point in the SE¼ NE¼ of Section 32, T. 7 S., R. 79 W., 6th P.M. at a point whence the NE corner of

said Section 32 bears N. 31°53' E. a distance of 2414 feet. The East Fork Pumping Plant is augmented by exchange by decree of the

Water Court in Case No. 03CW211, iv. 125 acre feet of water per year from Homestake Reservoir. Applicant is the owner of 125 shares

of Class B stock in the Eagle Park Reservoir Company which entitles the Applicant to the annual release of up to 125 acre feet of water

from Homestake Reservoir. The 125 acre feet of water from Homestake Reservoir owned by the Authority that is the subject of this

decree has not been decreed as a replacement or augmentation source under prior decrees, and is made available through out of priority

JUNE 2020 RESUME

WATER DIVISION 5

PAGE 20

storage in Homestake Reservoir augmented by exchange pursuant to the terms and conditions of the decree entered in Water Court Case

No. 09CW28. Nothing herein shall prevent the Authority from including the subject Homestake Reservoir water in subsequent plans

for augmentation, so long as the total combined use of such water is limited to 125 acre feet per year. As confirmed in Case No.

09CW28, the right to the annual release of this Homestake Reservoir water is obtained pursuant to (1) the 2004 Water Exchange

Agreement dated June 21, 2004, among the City of Aurora, the Eagle Park Reservoir Company, the River District, the Eagle River

Water & Sanitation District, the Authority and Vail Associates, Inc.; and (2) the 2004 Homestake Reservoir Agreement dated July 22,

2004, among the Eagle Park Reservoir Company, the River District, the Authority, Eagle River Water & Sanitation District, and Vail

Associates, Inc. Homestake Reservoir, also known as Elliott-Weers Reservoir, was decreed by the Eagle County District Court in Civil

Action No. 1193 for 83,338.98 acre feet conditional, 43,504.7 acre feet of which is now absolute. This reservoir is located on Homestake

Creek with a dam being located whence the NW Corner of Section 31, T. 7 S., R. 80 W., 6th P.M. bears N. 5830.6' E. 24,659 feet from

the East dam abutment and N. 6225.8' E. 25,746 feet from the West dam abutment. The sources of supply of said reservoir are the East

Fork of Homestake Creek, the Middle Fork of Homestake Creek and Homestake Creek. C. Description of the conditional exchange: In

the 11CW92 Decree, the Authority obtained approval of a plan to augment by exchange the out-of-priority depletions by diversions of

water rights at the structures described in Paragraph 2.A, above, when augmented by the water rights described in Paragraph 2.B, above.

The exchange, depicted on Exhibit A, can be further described as follows: i. Downstream Termini: a. The downstream terminus of the

exchanges involving Wolford Mountain Reservoir water is the confluence of the Colorado River and the Eagle River, located at a point

in the SW/4 NW/4 of Section 5, T.5S., R.86W. of the 6th P.M., 2,020 feet west of the east section line and 2,625 feet south of the north

section line of said Section 5, b. The downstream terminus of the exchanges involving Ruedi Reservoir water is the confluence of the

Roaring Fork River and the Colorado River, located at a point in the SE/4 NW/4 of Section 9, T.6S., R.89W. of the 6 th P.M., 2,300 feet

east of the west section line and 2,150 feet south of the north section line of said Section 9, ii. Upstream Termini: a. Metcalf Headgate,

as described in Paragraph 2.A.i, above, b. Raw Water Booster Pump Headgate, as described in Paragraph 2.A.ii, above, c. UERWA

Point A, as described in Paragraph 2.A.iii, above, d. Edwards Water District Well No. 2, as described in Paragraph 2.A.iv, above, e.

June Creek Ranch Company Well No. 2, as described in Paragraph 2.A.v., f. June Creek Ranch Company Well No. 4 (aka, Berry Creek

Well No. 3), as described in Paragraph 2.A.vi, above, g. June Creek Ranch Company Well No. 6, as described in Paragraph 2.A.vii,

above, h. The Wellfield, as described in Paragraph 2.A.viii, above, i. Edwards Water Facility, as described in Paragraph 2.A.ix, above,

iii. Rate of Exchange: The maximum rate of exchange is 10 cfs, conditional, and the maximum amount to be exchanged each 12 month

period under 11CW92 Decree is 200 acre feet, iv. Priority date: May 31, 2011, v. In priority diversions: The source of replacement

water described in Paragraph 2.B, above, need only be utilized when the water rights and structures described in Paragraph 2.A, above,

are out of priority. 3. Request to Make Absolute: On September 1–22, 2014, September 13–21, 2017, and September 23–25, 2017, the

Authority operated the exchange at a rate of 0.32 cfs by releasing Wolford Mountain Reservoir water to replace out-of-priority depletions

at the June Creek Ranch Company Wells for all decreed uses. Tables summarizing the contract water schedule, return flows during the

calls, lagged depletions, average return flow, and net augmented depletions are attached as Exhibit B. 4. Request for Findings of

Reasonable Diligence: For all portions of the exchange not made absolute, as requested in Paragraph 3 above, the Authority requests a

finding that it has exercised reasonable diligence in the development of the subject conditional exchange. 5. Diligence Activities: The

Authority is a quasi-municipal entity that provides water service to customers in Eagle-Vail, the Town of Avon, Beaver Creek, Bachelor

Gulch, Arrowhead, Berry Creek, Edwards, and Cordillera. The Authority and the Eagle River Water & Sanitation District, whose water

systems are interconnected and managed by the same staff, comprise the second largest water and wastewater provider on the Western

Slope. These two entities are required to meet the water demands of more than 65,000 residents in Eagle County and over 2.2 million

annual recreational visitors to the Vail and Beaver Creek ski areas. The subject exchange is necessary to meet the Authority’s demands

for domestic, irrigation, recreation, and other municipal uses within the Authority’s service area as that area grows and for the Authority’s

planning for population increases and increased water demands caused by skiers and tourists. According to Eagle County’s 2005

Comprehensive Plan, the County population will increase from approximately 54,722 residents in 2017 to 88,000 by 2030. As one of

the main providers of water in Eagle County, the Authority requires the subject water rights in order to serve the projected population

growth in Eagle County in general. In support of its claim for findings of reasonable diligence for the above-described remaining

conditional amounts and uses, the Authority has engaged in numerous activities during the relevant period that demonstrate diligence

toward the application of the subject water rights to their decreed beneficial uses. The Authority operates an integrated water system,

i.e., a single, unified municipal water system in which work done on any component of the system advances the whole. The Authority

has incurred capital costs and expenditures of approximately $101 million during the diligence period to operate, protect, maintain,

upgrade, and expand its water facilities. All such expenditures are necessary steps in the development of the Authority’s integrated water

supply system and the subject conditional exchange. With respect to the specific water rights included in this Application, the Authority

has incurred in excess of $350,000 during the diligence period, including the following activities: A. Incorporation of the Edwards Water

Facility into the Authority’s system-wide supervisory control and data acquisition (“SCADA”) system at a cost of $34,381. Previously,

the Edwards Water Facility was a stand-alone system. This programing work incorporated the Edwards Water Facility into the system-

wide SCADA for tagging, screening, and database purposes, B. Installation of a new hydroscreen at the Edwards Water Facility at a

cost of $89,175. This project entailed replacement of two-inch gap bar screens with an engineered hydroscreen to reduce debris at the

pump station. Such installation involved excavation of the intake in the river channel in order to install the new screen, C. Investigation,

modeling, easement research, and design and construction of two access portals on the Metcalf Ditch to facilitate debris and sediment

removal, inspection, and routine maintenance. This project also included pre- and post-construction contracted pipeline inspection work

and was conducted at a cost of $157,581., D. Research into necessary intake improvements at the Raw Water Booster Pump Headgate.

The work completed thus far includes conceptual design investigation and presentation of options. The project will include installation

JUNE 2020 RESUME

WATER DIVISION 5

PAGE 21

of a screen to filter out sediment and debris and to improvement existing flow conditions and ice build-up at the intake structure. The

project is currently on hold pending completion of the Water Treatment Master Plan, but approximately $58,723 was expended during

the research, design, and planning phase and work was completed in 2018 to coat ductile iron pipe due to corrosion, E. Conducting life

cycle maintenance and overhaul of the surge arrestor valve at the Raw Water Booster Pump Headgate, at a cost of $10,982, to protect

downstream piping systems in the event of a high pressure event, F. The Authority has protected the subject water rights by reviewing

Water Court resumes and filing statements of opposition in cases to prevent injury to the subject water rights. The Authority has also

spent considerable time and money during the diligence period on legal and engineering fees. All of the above activities are necessary

prerequisites to applying the subject conditional exchange to beneficial use. The Authority believes it can and will complete the

appropriations within a reasonable time and intends to perfect the subject conditional exchange within a reasonable time for use to meet

the Authority’s water service demands. 6. Ownership: A. The Metcalf Headgate, Raw Water Booster Pump Headgate, UERWA Point

A, and Edwards Water Facility are all located on lands owned by the Authority, B. Edwards Water District Well No. 2 is located on a

railroad right-of-way, C. June Creek Ranch Well Nos. 2 and 4 are located on land owned by the Colorado Mountain Junior College

District, 802 Grand Ave., Glenwood Springs, CO 81601-3448, D. June Creek Ranch Well No. 6 is located on land owned by Eagle

County, P.O. Box 850, Eagle, CO 81631, E. The Stag Gulch Wellfield is located on land owned or obtained by easement by the

Authority, F. Lands underlying the reservoirs utilized for replacement water are owned by the following: i. Colorado River Water

Conservation District, P.O. Box 1120, Glenwood Springs, CO 81602-1120., ii. U.S. Bureau of Land Management, P.O. Box 68,

Kremmling, CO 80459-0068, iii. Eagle Park Reservoir Company, 846 Forest Road, Vail, CO 81657-5704, iv. U.S. Bureau of

Reclamation, Eastern Colorado Area Office, 11056 W. County Road 18E, Loveland, CO 80537-9711, v. United States of America, W.

6th Ave. & Kipling St., Lakewood, CO 80225-0546. WHEREFORE, the Authority respectfully requests that the Court enter a decree

(1) making the subject exchange absolute at a rate of 0.32 cfs for all decreed uses, as requested in Paragraph 3 above; (2) making a

finding of reasonable diligence as requested in Paragraph 4, above; and (3) granting such other and further relief as the Court deems

appropriate. (13 pages + Exhibits)











20CW3081(11CW142, 01CW15, 93CW103) Water Division No. 5. DISTRICT COURT, WATER DIVISION NO. 5, STATE OF

COLORADO, Garfield County Courthouse, 109 8th Street, Suite 104, Glenwood Springs, CO 81601. CONCERNING THE

APPLICATION FOR WATER RIGHTS OF THE UPPER EAGLE REGIONAL WATER AUTHORITY IN THE EAGLE

RIVER AND ITS TRIBUTARIES, IN EAGLE COUNTY, COLORADO. APPLICATION TO MAKE ABSOLUTE AND FOR

FINDINGS OF REASONABLE DILIGENCE. 1. Name and Address of Applicant: Upper Eagle Regional Water Authority (the

“Authority”), c/o Manager, 846 Forest Road, Vail, CO 81657, Direct All Pleadings to: Glenn E. Porzak, Kristin H. Moseley, Cassidy L.

Woodard, Porzak Browning & Bushong LLP, 2120 13th Street, Boulder, CO 80302. 2. Names of Structures: The water rights described

herein are owned by entities that are members of the Authority. These water rights have been perpetually leased to or are owned by the

Authority, and the Authority is responsible for maintaining diligence on these water rights. The Authority seeks a finding of reasonable

diligence for the following conditional water rights: A. Arrowhead Metropolitan District and Bachelor Gulch Metropolitan District:

Reservoirs: Arrowhead Dam. B. Berry Creek Metropolitan District: Wells: June Creek Ranch Company Well No. 2 (as changed in Case

No. 84CW233), C. Eagle-Vail Metropolitan District: Direct Flow: Eagle-Vail Municipal Water System, D. Edwards Metropolitan

District: Wells: Edwards Water District Well No. 2, Edwards Water District Well No. 3, Direct Flow: Edwards Village Municipal

Pipeline, Creamery Ditch Homestead Enlargement, Reservoirs: Williams Reservoir, Edwards Village Pond No. 1, Edwards Village

Pond No. 2, Edwards Village Pond No. 3, Edwards Village Pond No. 4, Edwards Village Pond No. 5, Homestead Reservoir, E. Town

of Avon: Direct Flow: H.A. Nottingham & Sons, Inc. Water Treatment & Storage Project, Avon Metropolitan Municipal Water System,

Avon Metropolitan Municipal Water System First Enlargement. 3. Descriptions of Conditional Water Rights: A. Member, Structure

Name, Adjudication and Appropriation Dates, Remaining Conditional Amount, and Previous Cases:

Arrowhead Metropolitan District and Bachelor Gulch Metropolitan District

Structure

Adjudication Date

Appropriation

Date

Remaining

Conditional

Amount

Original

Case No.

Diligence

Case Nos.

Arrowhead Dam

December 31,

1979

Dec. 28, 1979

73 af of the 500

af conditional

originally

79CW360

88CW175

93CW103

01CW15

JUNE 2020 RESUME

WATER DIVISION 5

PAGE 22

decreed thereto;

43 af of the 73

af was made

absolute for

irrigation only

in 94CW104

11CW142

Berry Creek Metropolitan District

Structure

Adjudication Date

Appropriation

Date

Remaining

Conditional

Amount

Original Case

No.

Diligence

Case Nos.

June Creek Ranch

Company Well No.

2 (as changed in

Case No.

84CW233)

December 31,

1978

Dec. 1, 1978

363.1 gpm

(0.802 cfs)

W-3999

88CW268

93CW103

01CW15

11CW142

Eagle-Vail Metropolitan District

Structure

Adjudication Date

Appropriation

Date

Remaining

Conditional

Amount

Original Case

No.

Diligence

Case Nos.

Eagle-Vail

Municipal Water

System

December 31,

1976

Aug. 20, 1972

2.332 cfs

W-3289

88CW375

93CW103

01CW15

11CW142

Edwards Metropolitan District

Structure

Adjudication Date

Appropriation

Date

Conditional

Amount

Original Case

No.

Diligence

Case Nos.

Edwards Water

District Well No. 2

December 31,

1981

June 11, 1981

58 gpm of a

total of 200

gpm (0.13 cfs of

the total of 0.44

cfs)

81CW161

88CW176

93CW103

01CW15

11CW142

Edwards Water

District Well No. 3

December 31,

1981

June 11, 1981

200 gpm (0.44

cfs)

81CW161

88CW176

93CW103

01CW15

11CW142

Edwards Village

Municipal Pipeline

December 31,

1981

Feb. 10, 1981

66.84 gpm of

the total 400

gpm (0.148 cfs

of the total of

0.88 cfs)

80CW550 &

81CW61

88CW176

93CW103

01CW15

11CW142

Williams Reservoir

December 31,

1976

June 15, 1976

8.0 af

W-3135

88CW176

93CW103

01CW15

11CW142

Edwards Village

Pond No. 1

December 31,

1981

Feb. 10, 1981

2.4 af, fill and

refill

80CW550 &

81CW61

88CW176

93CW103

01CW15

11CW142

JUNE 2020 RESUME

WATER DIVISION 5

PAGE 23

Edwards Village

Pond No. 2

December 31,

1981

Feb. 10, 1981 1.7 af, fill and

refill

80CW550 &

81CW61

88CW176

93CW103

01CW15

11CW142

Edwards Village

Pond No. 3

December 31,

1981

Feb. 10, 1981

0.7 af, fill and

refill

80CW550 &

81CW61

88CW176

93CW103

01CW15

11CW142

Edwards Village

Pond No. 4

December 31,

1981

Feb. 10, 1981

0.7 af, fill and

refill

80CW550 &

81CW61

88CW176

93CW103

01CW15

11CW142

Edwards Village

Pond No. 5

December 31,

1981

Feb. 10, 1981

0.5 af, fill and

refill

80CW550 &

81CW61

88CW176

93CW103

01CW15

11CW142

Homestead

Reservoir

December 31,

1981

Dec. 31, 1979

20.0 af, fill and

refill

81CW266

88CW176

93CW103

01CW15

11CW142

Creamery Ditch,

Homestead

Enlargement

December 31,

1981

Dec. 31, 1979

5.0 cfs

81CW265

89CW215

93CW103

01CW15

11CW142

Town of Avon

Structure

Adjudication Date

Appropriation

Date

Remaining

Conditional

Amount

Original Case

No.

Diligence

Case Nos.

H.A. Nottingham

& Sons, Inc. Water

Treatment &

Storage Project

December 31,

1971

Apr. 17, 1971

3.0 cfs

W-327

92CW76

93CW103

01CW15

11CW142

Avon Metropolitan

Municipal Water

System

December 31,

1977

Aug. 31, 1974

1.0 cfs of a total

of 5 cfs

W-3666

90CW186

93CW103

01CW15

11CW142

Avon Metropolitan

Municipal Water

System First

Enlargement

December 31,

1984

Mar. 4, 1980

5.0 cfs

84CW225

84CW225

93CW103

01CW15

11CW142

B. Legal Description: the decreed points and alternate points of diversion are depicted on Exhibit A and described as follows: i.

Arrowhead Metropolitan District and Bachelor Gulch Metropolitan District: The Authority owns 14 af of the Arrowhead Dam obtained

from Bachelor Gulch Metropolitan District’s predecessor, the Smith Creek Metropolitan District, and the Arrowhead Metropolitan

District owns 59 af of the Arrowhead Dam. The Bachelor Gulch Metropolitan District receives water service from the Authority by

contract, a. Arrowhead Dam. The east abutment of the dam is located on McCoy Creek at a point whence the NW Corner of Section

10, T. 5 S., R. 82 W. of the 6th P.M. bears N. 4052' W. 3438 feet, while not decreed as such, it can be located in the SE¼ NW¼ of

said Section 10 at a point 2,560 feet from the north section line and 2,350 feet from the west section line, b. In Case No. 86CW2,

alternate points of storage were decreed to the Arrowhead Dam at the following: I. 3rd Green Pond: the center of the pond is located at

a point whence the NE corner of Sec 9, T. 5 S., R. 82 W. of the 6th P.M. bears N 37 06’ 09.1” E. 855.44 feet, which is located in the

NE¼ NE¼ of Section 9, T. 5 S., R. 82 W. of the 6th P.M. While not decreed as such, it can be located at a point 690 feet from the north

JUNE 2020 RESUME

WATER DIVISION 5

PAGE 24

section line and 485 feet from the east section line (for 9 af); II. 4th Green Pond: the center of the pond is located at a point whence the

NE corner of Sec 9, T. 5 S., R. 82 W. of the 6th P.M. bears N 11 17’ 14.5” E. 1,018.36 feet, which is located in the NE¼ NE¼ of

Section 9, T. 5 S., R. 82 W. of the 6th P.M. While not decreed as such, it can be located at a point 1,010 feet from the north section line

and 160 feet from the east section line (for 8 af); III. 5th Green Pond: the center of the pond is located at a point whence the NE corner

of Sec 9, T. 5 S., R. 82 W. of the 6th P.M. bears N 65 15’ 12.3” E. 1,329.21 feet, which is located in the NE¼ NE¼ of Section 9, T. 5

S., R. 82 W. of the 6th P.M. While not decreed as such, it can be located at a point 565 feet from the north section line and 1,190 feet

from the east section line (for 20 af); IV. 8th Green Pond: the center of the pond is located at a point whence the NE corner of Sec 10,

T. 5 S., R. 82 W. of the 6th P.M. bears N 82 46’ 19.2” E. 3,464.41 feet, which is located in the NE¼ NW¼ of Section 10, T. 5 S., R.

82 W. of the 6th P.M. While not decreed as such, it can be located at a point 465 feet from the north section line and 1,930 feet from

the west section line (for 20 af); V. 17th Green Pond: the center of the pond is located at a point whence the NE corner of Sec 10, T. 5

S., R. 82 W. of the 6th P.M. bears N 80 41’ 31.1” E. 3,045.54 feet, which is located in the NE¼ NW¼ of Section 10, T. 5 S., R. 82 W.

of the 6th P.M. While not decreed as such, it can be located at a point 520 feet from the north section line and 2,360 feet from the east

section line (for 15 af), ii. Berry Creek Metropolitan District: a. June Creek Ranch Company Well No. 2 (as changed in Case No.

84CW233). Tie to NW Corner, Section 4, T. 5 S., R. 82 W. of the 6th P.M., N. 0708'00" W. 3092.28 feet. While not decreed as such,

it can be located in the NW¼ SW¼ of said section 4 at a point 2,240 feet from the south section line and 510 feet from the west section

line, b. In Case No. 84CW233, all of the water rights for each individual well described below were transferred to June Creek Ranch

Company Well No. 2. This decree also made each of the June Creek Ranch Company Wells an alternate point of diversion for the

entire amount decreed to the June Creek Ranch Company Well No. 2. The following are alternate points of diversion for this water

right: I. June Creek Ranch Company Well No. 1. Tie to NW Corner, Section 4, T. 5 S., R. 82 W. of the 6th P.M., N. 2455'55" W.

2040.12 feet, which is located in the SW¼ NW¼ of said Section 4. While not decreed as such, it can be located at a point 1,815 feet

from the north section line and 930 feet from the west section line, II. June Creek Ranch Company Well No. 3 (as changed in Case No.

84CW233). Tie to NW Corner, Section 4, T. 5 S., R. 82 W. of the 6th P.M., N. 2004'18" W. 2629.43 feet. While not decreed as such,

it can be located in the SW¼ NW¼ of said section 4 at a point 2,450 feet from the north section line and 990 feet from the west section

line, III. June Creek Ranch Company Well No. 4 (as changed in Case No. 84CW233). Tie to NW Corner, Section 4, T. 5 S., R. 82 W.

of the 6th P.M., N. 0032'17" W. 2530.24 feet. While not decreed as such, it can be located in the SW¼ NW¼ of said section 4 at a

point 2,530 feet from the north section line and 125 feet from the west section line, IV. June Creek Ranch Company Well No. 5. Tie

to NW Corner, Section 4, T. 5 S., R. 82 W. of the 6th P.M., N. 2428'27" E. 4719.01 feet. While not decreed as such, it can be located

in the NW¼ SW¼ of section 5, T. 5 S., R. 82 W. of the 6th P.M. at a point 980 feet from the south section line and 1,775 feet from the

east section line, V. June Creek Ranch Company Well No. 6 (as changed in Case No. 84CW233). Tie to NW Corner, Section 4, T. 5

S., R. 82 W. of the 6th P.M., N. 0929'46" W. 3692.17 feet. While not decreed as such, it can be located in the NW¼ SW¼ of said

section 4 at a point 1,680 feet from the south section line and 760 feet from the west section line, c. In Case No. 85CW613, the Metcalf

Headgate and the Raw Water Booster Pump headgate were decreed as alternate points of diversion for June Creek Ranch Company

Well Nos. 1-6, I. The Metcalf Headgate is located at a point from which the SE corner of the SW1/4, Sec. 7, T. 5 S., R. 81 W. of the

6th P.M. bears S 53 00’ 40" E. 1446 feet. While not decreed as such, it can be located in the SE¼ SW¼ of said section 7 at a point

870 feet from the south section line and 1,485 feet from the west section line, II. The Raw Water Booster Pump headgate is located at

a point from which the SW corner of the NW1/4 of Sec. 12, T. 5 S., R. 82 W. of the 6th P.M. bears S. 18 01' 34" W. 1551.13 feet.

While not decreed as such, it can be located in the NW¼ NW¼ of said section 12 at a point 1,165 feet from the north section line and

480 feet from the west section line, iii. Eagle-Vail Metropolitan District, a. Eagle-Vail Municipal Water System. The headgate is

located on Stone Creek whence the NW Corner of Section 17, T. 5 S., R. 81 W. of the 6th P.M. bears N. 3858'22" W. 3996.53 feet,

which is located in the NE¼ SW¼ of said section 17. While not decreed as such, it can be located at a point 2,130 feet from the south

section line and 2,600 feet from the west section line. An alternate headgate is located on the West bank of the Eagle River, whence

the SE corner of Section 16, T. 5 S., R. 81 W. of the 6th P.M. bears N. 570' E. 585 feet. While not decreed as such, it can be located

in the NE¼ NE¼ of section 21, T. 5 S., R. 81 W. of the 6th P.M. at a point 250 feet from the north section line and 510 feet from the

east section line, b. By decree in Case No. 85CW611, the Metcalf Headgate and the Raw Water Booster Pump headgate, described

above, were decreed as additional alternate points of diversion, iv. Edwards Metropolitan District a. Edwards Water District Well No.

2. Section 4, T. 5 S., R. 82 W. of the 6th P.M., 750 feet North of the South Section line and 2100 feet East of the West Section line.

While not decreed as such, it can be found in the SE 1/4 of the SW ¼ of said Section 4 at a point 750 feet from the south section line

and 2100 feet from the west section line, b. Edwards Water District Well No. 3. Section 5, T. 5 S., R. 82 W. of the 6th P.M., 2600 feet

North of the South Section line and 1300 feet West of the East Section line. While not decreed as such, it can be found in the NE ¼ of

the SE ¼ of said Section 5 at a point 2600 feet from the south section line and 1300 feet from the east section line, c. Edwards Village

Municipal Pipeline. At a point whence the NE Corner of Section 6, T. 5 S., R. 82 W. of the 6th P.M. bears N. 1348' E. a distance of

2400 feet, which is located in the SE¼ NE¼ of said section 6 at a point 2,315 feet from the north section line and 535 feet from the

east section line, d. Williams Reservoir. The NE Corner of the dam embankment is located at a point whence the SW Corner of Section

4, T. 5 S., R. 82 W. of the 6th P.M. bears S. 0500' E. a distance of 1450 feet, which is located in the NE¼ SE¼ of Section 5, T. 5 S.,

R. 82 W. of the 6th P.M. While not decreed as such, it can be located at a point 1,450 feet from the south section line and 250 feet from

the east section line, e. Edwards Village Pond No. 1. The East abutment of this dam is to be located at a point whence the SE Corner

of Section 5, T. 5 S., R. 82 W. of the 6th P.M. bears S. 4744' E. a distance of 3470 feet. While not decreed as such, it can be located

in the NE¼ SW¼ of said section 5 at a point 2,290 feet from the south section line and 2,675 feet from the west section line, f. Edwards

Village Pond No. 2. The East abutment of this dam is to be located at a point whence the SE Corner of Section 5, T. 5 S., R. 82 W. of

JUNE 2020 RESUME

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PAGE 25

the 6th P.M. bears S. 517' E. a distance of 3160 feet. While not decreed as such, it can be located in the NW¼ SE¼ of said section 5

at a point 1,950 feet from the south section line and 2,545 feet from the west section line, g. Edwards Village Pond No. 3. The East

abutment of this dam is to be located at a point whence the SE Corner of Section 5, T. 5 S., R. 82 W. of the 6th P.M. bears S. 5356'

E. a distance of 3730 feet. While not decreed as such, it can be located in the NE¼ SW¼ of said section 5 at a point 150 feet from the

south section line and 2,270 feet from the west section line, h. Edwards Village Pond No. 4. The East abutment of this dam is to be

located at a point whence the SE Corner of Section 5, T. 5 S., R. 82 W. of the 6th P.M. bears S. 516' E. a distance of 3850 feet. While

not decreed as such, it can be located in the NE¼ SW¼ of said section 5 at a point 2,375 feet from the south section line and 2,275 feet

from the west section line, i. Edwards Village Pond No. 5. The East abutment of this dam is to be located at a point whence the SE

Corner of Section 5, T. 5 S., R. 82 W. of the 6th P.M. bears S. 4931' E. a distance of 3960 feet. While not decreed as such, it can be

located in the NE¼ SW¼ of said section 5 at a point 2,525 feet from the south section line and 2,265 feet from the west section line, j.

Homestead Reservoir. The East abutment of the dam is located at a point whence the SE Corner of Section 5, T. 5 S., R. 82 W. of the

6th P.M. bears S. 7506' E. 1860 feet. While not decreed as such, it can be located in the SW¼ SE¼ of said section 5 at a point 450

feet from the south section line and 1,810 feet from the east section line, k. Creamery Ditch, Homestead Enlargement. The point of

diversion is located on the right bank of the East Lake Creek at a point whence the SW Corner of Section 8, T. 5 S., R. 82 W. of the

6th P.M. bears N. 3006' E. 3576 feet. While not decreed as such, it can be located in the NW¼ SE¼ of Section 18, T. 5 S., R. 82 W.

of the 6th P.M. at a point 2,140 feet from the south section line and 1,770 feet from the east section line, l. By decree in Case No.

85CW610, the Metcalf Headgate and the Raw Water Booster Pump headgate, described above, were decreed as alternate points of

diversion for the Edwards Water District Well Nos. 2 and 3, and the Edwards Municipal Diversion Pipeline, v. Town of Avon a. H.A.

Nottingham & Sons, Inc. Water Treatment & Storage Project. The point of diversion is located on Beaver Creek at a point which bears

S. 0150' E. 3970 feet from the center of Section 12, T. 5 S., R. 82 W. of the 6th P.M., which is located in the NW¼ NE¼ of Section

13, T. 5 S., R. 82 W. of the 6th P.M. While not decreed as such, it can be located at a point 1,285 feet from the north section line and

2,550 feet from the east section line, b. Avon Metropolitan Municipal Water System and First Enlargement. The decreed point of

diversion of the Avon Metropolitan Municipal Water System and the Avon Metropolitan Municipal Water System First Enlargement

water rights is Benchmark Lake (aka Nottingham Lake), with the point of beginning of the survey of the high water line being located

in the NW1/4 NW1/4 of Section 12, T. 5 S., R. 82 W. of the 6th P.M. at a point whence the NW corner of said Section 12 bears N.

4433'46" W. 45.77 feet. While not decreed as such, it can be located 35 feet from the north section line and 25 feet from the west

section line, c. Alternate points of diversion for the Avon Metropolitan Municipal Water System and Avon Metropolitan Municipal

Water System First Enlargement, as decreed in Case No. 84CW225 include: I. UERWA Well A, aka Well A 25024F: NW1/4 NE1/4

Section 11, T. 5 S., R. 82 W., 6th P.M. at a point whence the NE Corner of Section 11 bears N. 74 E. 1720 feet. While not decreed as

such, it can be located 515 feet from the north section line and 1,640 feet from the east section line, II. UERWA Well B, aka Well B

38161: NW1/4 NE1/4 Section 11, T. 5 S., R. 82 W., 6th P.M. at a point whence the NE Corner of Sec. 11 bears N. 67 E. 2680 feet.

While not decreed as such, it can be located at a point 1,110 feet from the north section line and 2,450 feet from the east section line,

III. UERWA Well C, aka Well C 10712-F: SE1/4 NW1/4 Section 12, T. 5 S., R. 82 W., 6th P.M. at a point whence the NW Corner of

Sec. 12 bears N. 4430' W. 3360 feet, which is located at a point 2,320 feet from the north section line and 2,390 feet from the west

section line, IV. UERWA Well D, aka Well D 34290 SE1/4 NW1/4 Section 12, T. 5 S., R. 82 W., 6th P.M. at a point whence the NW

Corner of Sec. 12 bears N. 51 W. 3320 feet. While not decreed as such, it can be located at a point 2,000 feet from the north section

line and 2,610 feet from the west section line, V. UERWA Well E: NW1/4 NW1/4 Section 12, T. 5 S., R. 82 W., 6th P.M. at a point

whence the NW Corner of Sec. 12 bears N. 2530' W. 1280 feet. While not decreed as such, it can be located at a point 1,140 feet from

the north section line and 570 feet from the west section line, VI. UERWA Well F: NE1/4 NW1/4 Section 11, T. 5 S., R. 82 W., 6th

P.M. at a point whence the NE Corner of Sec. 11 bears N. 7730' E. 3040 feet. While not decreed as such, it can be located at a point

740 feet from the north section line and 2,540 feet from the west section line, VII. UERWA Well G: NE1/4 NW1/4 Section 11, T. 5

S., R. 82 W., 6th P.M. at a point whence the NE Corner of Sec. 11 bears N. 77 E. 3440 feet. While not decreed as such, it can be

located at a point 860 feet from the north section line and 2,165 feet from the west section line, VIII. UERWA Well H: NE1/4 NW1/4

Section 11, T. 5 S., R. 82 W., 6th P.M. at a point whence the NE Corner of Sec. 11 bears N. 7530' E. 2880 feet. While not decreed as

such, it can be located at a point 800 feet from the north section line and 2,725 feet from the west section line, IX. UERWA Well I:

SW1/4 NE1/4 Section 12, T. 5 S., R. 82 W., 6th P.M. at a point whence the center of Sec. 12 bears S. 34 W. 520 feet. While not

decreed as such, it can be located at a point 2,200 feet from the north section line and 2,365 feet from the east section line, X. Froemming

Spring: SE1/4 NW1/4 Section 12, T. 5 S., R. 82 W., 6th P.M. at a point whence the center of Sec. 12 bears S. 4523' E. 1139.46 feet.

While not decreed as such, it can be located at a point 1,860 feet from the north section line and 1,890 feet from the west section line,

XI. UERWA Spring, aka Surface Diversion: NW1/4 NW1/4 Section 12, T. 5 S., R. 82 W., 6th P.M. at a point whence the NW Corner

of Sec. 12 bears N. 2530' W. 1280 feet, d. By decree entered in Case No. 85CW612, the Avon Metropolitan Water System and Avon

Metropolitan Water System First Enlargement water rights can be alternately diverted at the Metcalf Headgate and Raw Water Booster

Pump headgate, described above, e. By virtue of the decree entered in Case No. 00CW83, the Edwards Drinking Water Facility was

decreed as an alternate point of diversion for June Creek Ranch Company Well Nos. 1 - 6; Eagle-Vail Municipal Water System;

Edwards Water District Well Nos. 2 & 3; Edwards Village Municipal Pipeline; Williams Ditch; Avon Metropolitan Municipal Water

System; and Avon Metropolitan Municipal Water System First Enlargement. The Edwards Drinking Water Facility is located in the

NW1/4 SW1/4 of Section 4, T. 5 S., R. 82 W., 6th P.M., on the northerly bank of the Eagle River at a point whence the SW Corner of

said Section 4 bears S. 258’58” W., 1539.12 feet. While not decreed as such, it can be located 1,393 feet from the south section line

and 654 feet from the west section line. C. Uses: i. Arrowhead Dam: irrigation, municipal, domestic, fire protection and recreation,

JUNE 2020 RESUME

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ii. June Creek Ranch Company Well No. 2: domestic use, municipal, irrigation, fire protection, watering of livestock, recreation,

piscatorial, aesthetics, sewage treatment and all other beneficial uses either directly or by exchange, iii. Eagle-Vail Municipal Water

System: domestic, municipal, irrigation, mechanical, manufacturing, recreation, fire protection, sewage treatment, street sprinkling

and the watering of parks, lawns and grounds, iv. Edwards Water District Well Nos. 2 and 3: domestic, municipal, irrigation,

commercial, industrial and fire protection purposes, v. Edwards Village Municipal Pipeline and the Edwards Village Pond Nos. 1-4:

Irrigation, municipal, domestic, fire protection, recreation, aesthetic, commercial, industrial, fish and wildlife propagation and for

storage and subsequent application to the above beneficial uses, vi. Williams Reservoir: domestic, municipal, irrigation, commercial,

industrial, vii. Creamery Ditch, Homestead Enlargement and Homestead Reservoir: recreation, municipal, fish and wildlife

propagation, and fire protection, viii. H.A. Nottingham & Sons, Inc. Water Treatment & Storage Project: irrigation and other beneficial

uses, ix. Avon Metropolitan Municipal Water System: Irrigation, municipal, domestic, manufacturing, sewage treatment, street

sprinkling, watering of parks, lawns and grounds, generation of power, power generally, x. Avon Metropolitan Municipal Water System

First Enlargement: Irrigation, municipal, domestic, mechanical, manufacturing, sewage treatment, street sprinkling, watering of parks,

lawns and grounds, generation of power, power generally and fire protection. D. Sources: The source for all of the foregoing water

rights is the Eagle River and/or its alluvium, tributary to the Colorado River, except for the following: i. Arrowhead Dam: McCoy

Creek, tributary to the Eagle River, tributary to the Colorado River; ii. Eagle-Vail Municipal Water System: Stone Creek, tributary to

the Eagle River, tributary to the Colorado River and the Eagle River; iii. Edwards Village Municipal Pipeline: Lake Creek alluvium,

tributary to the Eagle River, tributary to the Colorado River; iv. Edwards Village Pond Nos. 1 – 5: Lake Creek, tributary to the Eagle

River, tributary to the Colorado River; v. Homestead Reservoir:Lake Creek, tributary to the Eagle River, tributary to the Colorado

River; vi. Creamery Ditch, Homestead Enlargement: Lake Creek, tributary to the Eagle River, tributary to the Colorado River; vii.

H.A. Nottingham & Sons, Inc. Water Treatment & Storage Project: Beaver Creek, tributary to the Eagle River, tributary to the Colorado

River; viii. Froemming Spring:spring tributary to the Eagle River, tributary to the Colorado River. 4. Request to Make Absolute: On

July 30–31, 2016, the Authority diverted a total of 0.325 cfs (146 gpm) from the Edwards Water District Well No. 2 for domestic,

municipal, irrigation, commercial, industrial, and fire protection purposes. The decree entered in Water Court Case No. 11CW142 on

June 17, 2014, previously made 0.31 cfs (139 gpm) absolute. Thus, the Authority requests a determination from the Water Court that

it has made an additional 0.015 cfs (7 gpm) absolute for all decreed uses for the Edwards Water District Well No. 2. A summary of the

in-priority diversions of the Edwards Water District Well No. 2 for July 30–31, 2016, is attached hereto as Exhibit B. 5. Request for

Findings of Reasonable Diligence: For all conditional water rights described herein not made absolute as requested in Paragraph 4

above, the Authority requests findings that it has exercised reasonable diligence in the development of the subject conditional water

rights. 6. Diligence Activities: The Authority is a quasi-municipal entity that provides water service to customers in Eagle-Vail, the

Town of Avon, Beaver Creek, Bachelor Gulch, Arrowhead, Berry Creek, Edwards, and Cordillera. The Authority and the Eagle River

Water & Sanitation District have water systems that are integrated and are managed by the same staff. Together they comprise the

second largest municipal water provider on the Western Slope. These two entities are required to meet the water demands of more than

65,000 residents in Eagle County and over 2.2 million annual recreational visitors to the Vail and Beaver Creek ski areas. The subject

water rights are necessary to meet the Authority’s demands for domestic, irrigation, recreation, and other municipal uses within the

Authority’s service area as that area may be expanded from time to time and for the Authority’s planning for population increases and

increased water demands caused by skiers and tourists. According to Eagle County’s 2005 Comprehensive Plan, the County population

will increase from approximately 54,722 residents in 2017 to 88,000 by 2030. As one of the main providers of water in Eagle County,

the Authority requires the subject water rights in order to serve the projected population growth in its service area. In support of its

claim for findings of reasonable diligence for the above-described remaining conditional water rights for their full conditional amounts

and uses, the Authority has engaged in numerous activities during the relevant period that demonstrate diligence toward the application

of the subject water rights to their decreed beneficial uses. The Authority operates an integrated water system, i.e., a single, unified

municipal water system in which work done on any component of the system advances the whole. The Authority has incurred capital

costs and expenditures of approximately $101 million during the diligence period to operate, protect, maintain, upgrade, and expand

its water facilities. All such expenditures are necessary steps in the development of the Authority’s integrated water supply system and

the subject water rights. The Authority has protected the subject water rights by reviewing Water Court resumes and filing statements

of opposition in cases to prevent injury to the subject water rights. The Authority has also spent considerable time and money during

the diligence period on legal and engineering fees to continue to develop its integrated water supply system to serve the needs of a

growing population. All of the above activities are necessary prerequisites to applying the subject conditional water rights to beneficial

use. The Authority believes it can and will complete the appropriations within a reasonable time and intends to perfect the subject water

rights within a reasonable time for use to meet the Authority’s water service demands. 7. Ownership: Please see the table attached as

Exhibit C. WHEREFORE, the Authority respectfully requests that the Court enter a decree (1) making an additional 0.015 cfs (7 gpm)

absolute for all decreed uses for the Edwards Water District Well No. 2, as requested in Paragraph 4 above; (2) making findings of

reasonable diligence for all remaining conditional water rights, as requested in Paragraph 5 above; and (3) granting such other and

further relief as the Court deems appropriate. (16 pages + Exhibits)






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20CW3082 PITKIN COUNTY, ROARING FORK RIVER. Board of County Commissioners of Pitkin County, Colorado c/o Attn:

County Attorney’s Office, 530 E. Main Street, Suite 301, Aspen, Colorado 81611, [email protected], 970.920.5190 (Laura

C. Makar, Assistant County Attorney, 970.920.5189). APPLICATION TO MAKE RECREATIONAL IN-CHANNEL DIVERSION

WATER RIGHT ABSOLUTE IN WHOLE OR IN PART AND FOR FINDING OF REASONABLE DILIGENCE WITH RESPECT

TO ANY PORTION NOT MADE ABSOLUTE. Name of structure: The Pitkin County River Park Project. Original Decree: Case No.:

10CW305, District Court, Water Division 5, Colorado, June 12, 2014. Legal description: The Pitkin County River Park Project

Structures are located within the Pitkin County River Park Project decreed Upstream Extent in the SW ¼ of the NW ¼ of Section 17,

Township 8 South, Range 86 West of the 6th P.M., Pitkin County Colorado at a point 320 feet from the west section line and 1480 feet

from the north section line of Section 17 and the Pitkin County River Park Project Downstream Extent in the NE ¼ of the NE ¼ of

Section 18, Township 8 South, Range 86 West, 6th P.M., Pitkin County, Colorado, at a point 265 feet from the east section line and 560

feet from the north section line of Section 18. Upper Structure (as built location): NE1/4 of NE1/4 of Section 18, T8S, R86W, 6th P.M.,

Pitkin County, CO at a point 24 feet from the east section line and 695 feet from the north section line of Section 18. Lower Structure

(as built location): NE1/4 of NE1/4 of Section 18, T8S, R86W, 6th P.M., Pitkin County, CO at a point 73 feet from the east section line

and 600 feet from the north section line of Section 18. The map illustrating the Pitkin County River Park Project is on file with the

court. Source: Roaring Fork River, tributary to the Colorado River. Appropriation Date: December 30, 2010. Rates of Flow: Apr 15 –

May 17: 240 cfs, May 18 – June 10: 380 cfs, June 11 – June 25: 1,350 cfs, June 26 – Aug 20: 380 cfs, Aug 21 – Labor Day: 240 cfs.

Uses: Recreational uses, including all beneficial uses associated with RICD water rights as permitted under Colorado law, including,

but not limited to, non-motorized boating such as kayaking, canoeing, rafting, tubing, floating, and paddling. A detailed outline of

evidence in support of claim to make absolute and for finding of reasonable diligence with respect to any portion of the subject water

right not made absolute is on file with the Court. Claim to make absolute: The rates of flow conditionally decreed as the Pitkin County

River Park Project for the Structures are claimed absolute based upon actual flows controlled through the Pitkin County River Park

Project and use of the Pitkin County River Park Project for the beneficial decreed purposes of the water right since April 15, 2020. The

Structures first diverted and controlled water for the decreed beneficial purposes and flow rates during the time periods decreed on the

following dates: Apr 15, 2017 – 240 cfs, May 18, 2017 – 380 cfs, June 11, 2017 – 1,350 cfs, June 26, 2017 – 380 cfs, Aug 21, 2017 –

240 cfs. A hydrograph showing the actual flows and the decreed rates of flow is on file with the court. Based on the verified facts set

forth in the application, Applicant requests that the Court confirm and decree the Pitkin County River Park Project, through the Upper

and Lower Structures, has been placed to beneficial use for all decreed amounts and uses. Claim in the alternative for finding of

reasonable diligence: If the Court does not decree any portion of the Pitkin County River Park Project absolute, Applicant requests the

Court find that it has exercised reasonable diligence toward controlling and placing to beneficial use any portion of the Pitkin County

River Park Project not made absolute consistent with C.R.S § 37-92-301(4)(b). Applicant owns the land upon which structure is located

and upon which water will be used. The terms and conditions set forth in Paragraph 24 of the decree entered in Case No. 10CW305

will continue to apply to the Pitkin County River Park Project water right.











20CW3083 GARFIELD, PITKIN AND MESA COUNTIES. COLORADO RIVER AND ITS TRIBUTARIES. West Divide

Water Conservancy District, P.O. Box 1478, 818 Taughenbaugh Blvd., Suite 101, Rifle, CO 81650, (970) 625-5461, c/o Edward B.

Olszewski, # 24723 Olszewski, Massih & Maurer, P.C., 1204 Grand Avenue, P.O. Box 916, Glenwood Springs, Colorado 81602,

Telephone: (970) 928-9100, E-mail: [email protected]. The Applicant seeks to change a water right from irrigation use to augmentation

use and amend the augmentation plan decreed in Case No. 02CW123, Water Division No. 5, to add that water as an additional source

of augmentation water. Applicant’s augmentation plan currently relies on Ruedi Reservoir, Green Mountain Reservoir, and Wolford

Mountain Reservoir for augmentation water. On February 15, 2018, via a Quit Claim Deed, the Applicant was conveyed certain water

rights in the Pioneer Ditch from the Clough Sheep Company. This Application seeks to quantify and change the Applicant’s portion of

the senior Pioneer Ditch right to be used for augmentation and replacement of out-of-priority depletions from domestic or irrigation uses

for use within the Applicant’s Area A service area boundaries. CLAIM FOR CHANGE OF WATER RIGHT Decreed water right

for which change is sought: Pioneer Ditch (Priority 1 & Priority No. 92) Date Original Decree Entered: May 11, 1889 Case No.: Civil

Action No. 0103 Court: Garfield County District Court. Legal description of structure as described in most recent decree that adjudicated



JUNE 2020 RESUME

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PAGE 28

the location: The headgate of the Pioneer Ditch is on the west bank of Rifle Creek in the SE1/4 NW1/4 NW1/4 of Section 16, Township

6 South, Range 93 West of the 6th P.M. at a point whence the NE corner of said Section 16 bears North 52° 49’ West, 1295.4 feet.

Decreed source of water: Rifle Creek, tributary to the Colorado River. Appropriation Date: May 10, 1882, 5.0 c.f.s. (Priority No. 1) Use:

Irrigation. Amount to be changed: Applicant owns 1.8 cfs of the Pioneer Ditch Priority No. 1 and will limit its change to that 1.8 cfs of

irrigation water. Description of Proposed Change: Applicant claims to change 1.8 cfs of irrigation water from the Pioneer Ditch Priority

No. 1 to 47.6 acre feet of consumptive credits for augmentation uses, as follows: Background. The Pioneer Ditch diverts from Rifle

Creek. The headgate is located on the west bank of Rifle Creek approximately one‐half mile above the confluence with the Colorado

River in Water Division 5, Water District 39. The ditch travels south and then in a westerly direction paralleling Highway 6 and until it

abruptly heads south back to the Colorado River in Section 13 of Township 6S, Range 94W of the 6th P.M approximately 3.1 miles

from the point of diversion. Historic use Analysis. Applicant claims it is entitled to 47.6 acre feet of consumptive use credits resulting

from the dry-up of 24.9 acres historically irrigated by the Pioneer Ditch Priority No. 1. The credits represent the quantity of water

permanently removed (consumed) from the stream system from crop evapotranspiration (ET). This HCU analysis utilized the Lease‐

Fallow Tool (LFT) developed by the Division of Water Resources. The Pioneer Ditch holds Priority 1 (along with 62 and 92) and is in

a position to place an Administrative call in times of drought which would curtail junior users higher on Rifle Creek. A study period of

1950 through 2002 was chosen for the historic use analysis. This period includes representative wet, average and dry conditions. This

period is also representative of the period when the Clough Sheep Company was actively irrigating the lands that are the subject of this

change. The acreage irrigated was consistent from year to year. Irrigated acreage was assessed utilizing historic aerial imagery from

1957, 1979, 1982 and 1993. The average acreage irrigated by the Clough’s over the study period of 1950‐2002 was 24.9 acres. These

lands will be permanently removed from irrigation as a result of this change. Historically, pasture grass was the crop grown on the lands

irrigated by the Clough Sheep Company. The modified Blaney‐Criddle method (TR‐21) using an elevation adjustment of 10% per 3,280

feet (1,000 meters) above sea level was utilized to quantify the consumptive use of pasture grass. The analysis used climate data from

the National Weather Service Cooperative Station (GHCN ID: USC00057031) in Rifle, CO. The irrigation water requirement (IWR) is

defined as potential evapotranspiration less effective precipitation. The IWR over the study period was quantified. On average, the IWR

for pasture grass under the Pioneer Ditch was calculated to be 1.93 feet. The crop irrigation requirement met by irrigation water or soil

moisture storage averaged 47.6 acre‐feet over the study period. On average, 47.6 acre‐feet of historical depletions were quantified and

are requested to be incorporated as an additional augmentation supply for use in the WDWCD umbrella augmentation plan decreed in

Case No. 02CW123. These consumptive use credits will only be utilized by Applicant during the time when the Pioneer Ditch was

diverting water for irrigation from April through October. CLAIM FOR AMENDMENT TO PLAN FOR AUGMENTATION

Detailed description of proposed amendment to plan for augmentation: The Applicant seeks to amend the augmentation plan decreed in

Case No. 02CW123, Water Division No. 5, to add an additional source of augmentation water. Applicant’s augmentation plan currently

relies on Ruedi Reservoir, Green Mountain Reservoir and Wolford Mountain Reservoir for augmentation water. This application adds

47.6 acre feet of Pioneer Ditch consumptive use credits described above as an additional augmentation source for the augmentation plan

decreed in Case No. 02CW123. The use of the Senior Pioneer Ditch historical consumptive use credits shall be accounted for and

reported by Applicant in its annual accounting and are restricted to use only during the historical irrigation season and only in the

monthly amounts outlined above in Applicant’s Claim for Change of Water Rights. All other information and conditions contained in

Case No. 02CW123 shall remain the same. Applicant’s claims are contemplated by C.R.S. 37-92-305(8)(c). Name(s) and address(es)

of owner(s) or reputed owners of the land upon which any new diversions are located: Not applicable. Applicant is changing a water

right it owns and adding an additional augmentation source to an existing plan for augmentation. Applicant requests the Court approve

Applicant’s request for Change of Water Rights to amend its augmentation plan to add the Pioneer Ditch consumptive use credits as an

additional source of augmentation (6 pages, 6 maps).











20CW3084 GARFIELD COUNTY - COLORADO RIVER; The High Lonesome Ranch, LLC; c/o John R. Pierce, Dufford Waldeck,

744 Horizon Court, Suite 300, Grand Junction, CO 81506, (970) 241-5500; APPLICATION FOR FINDING OF REASONABLE

DILIGENCE; Name, mailing address, and telephone number of applicant: The High Lonesome Ranch, LLC; 0275 County Road 222;

P.O. Box 88; DeBeque, CO 81630; (970) 283-9420; Request for finding of diligence: Kimball Creek Ranch Ponds A-E; Date of Original

Decree: June 1, 2014 - Case No. 2008CW196; Legal description: Off-channel ponds located in the Roan Creek drainage in Garfield

County. Following are the PLSS locations and UTM coordinates (NAD83, Zone 12) of the structures (all in 6th Principal Meridian):

Pond

Name Q40 Q160 Section

Township/

Range Distance N/S Distance E/W

A NE SE 13 T7S R99W 1755 S 871 E

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PAGE 29

B NW SW 13 T7S R99W 2408 S 1063 W

C SE NE 14 T7S R99W 3192 S 41 E

D SE NE 14 T7S R99W 3591 S 1064 E

E NE SE 9 T7S R98W 1876 S 910 E

Pond Name UTM X (Easting) UTM Y (Northing)

A 725030.67 4369301.24

B 724009.54 4369466.66

C 723667.20 4369698.78

D 723352.85 4369802.58

E 729803.93 4371055.85

The Kimball Creek Ranch Ponds are off-channel and filled by the following structures:

Pond Name Fill Rate (c.f.s.) Structure(s) Used to Fill Pond Structure Capacity (c.f.s.)

A 0.5 Frashier Ditch 5.7

Caughman Ditch 5.7

B 0.5 A V and D Alternate No. 1 5.9

Kimball Ditch 3.3

C 0.5 Kimball Ditch 3.3

D 0.5 Cataract Ditch 8

E 1.0 H V C and S Ditch (from Roan Creek) 15

Pond E Feeder Ditch (from Kimball Creek) 1.0

Source of water: Kimball Creek (Ponds A-E) and Roan Creek (Pond E), tributary to the Colorado River through the following structures,

all located as follows (in the 6th Principal Meridian):

Pond Name Structure(s) Used to Fill Pond Section Township/Range Dist. N/S Dist. E/W

A Frashier Ditch SE/4 NE/4

Sec 14

T7S R99W 1732 N 215 E

Caughman Ditch SW/4 SE/4

Sec 13

T7S R99W 1068 S 1648 E

B A V and D Alternate No. 1 SE/4 NE/4

Sec 14

T7S R99W 1738 N 228 E

Kimball Ditch SE/4 NE/4

Sec 14

T7S R99W 671 N 2419 E

C Kimball Ditch SE/4 NE/4

Sec 14

T7S R99W 671 N 2419 E

D Cataract Ditch NE/4 NW/4

Sec 9

T7S R99W 1305 N 2668 E

E H V C and S Ditch NE/4 SE/4

Sec 32

T6S R98W 2202 S 1289 E

Pond E Feeder Ditch SW/4 SE/4

Sec 9

T7S R98W 422 S 2598 E

Appropriation Date: September 26, 2008; Amount claimed, surface areas, capacity figures, and dam dimensions: All amounts decreed

in Kimball Creek Ranch Ponds A-E are conditional.

Pond Name Surface Area (acres) Total Capacity

(acre-feet)

Active Capacity

(acre-feet)

Dead Storage

(acre-feet)

Embankment

Length (feet)

Embankment

Height (feet)

A 4.0 24 22 2 700 <10

B 4.5 27 25 2 700 <10

C 0.8 4.5 0.5 4 400 <10

D 3.3 19.5 17.5 2 600 <10

E 7.0 70 67 3 600 <10

Total 19.6 145 132 13

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PAGE 30

Use for all ponds: Piscatorial, recreation, wildlife habitat along pond banks, and wetlands creation along pond banks. Additionally, for

Pond E, augmentation in accordance with the plan for augmentation approved in Case No. 08CW196 and irrigation of 104 acres; Detailed

outline of what has been done toward completion of appropriation and application of water to beneficial use: During the diligence period,

Applicant has retained the services of several consultants with expertise in engineering, wetlands compliance, riverine improvement,

marketing, legal compliance, and large-scale landscape architecture to further development of Applicant’s property development at a

cost of approximately $82,000. Additionally, work performed in-house related to developing the business plan for Applicant’s property

(for which the conditional water rights are essential) equate to approximately $2 million. Applicant plans to begin work developing the

conditional rights once Applicant’s business plan is finalized; Request for finding of diligence: Kimball Creek Ranch Sedimentation

Dams 1-10; Date of Original Decree: June 1, 2014 - Case No. 2008CW196; Legal description: The Kimball Creek Ranch Sedimentation

Dams 1-10 are on-channel ponds on Kimball Creek in Garfield County. Following are the PLSS locations and UTM coordinates

(NAD83, Zone 12) of the structures (all in the 6th Principal Meridian):

Sed. Dam Name Q40 Q160 Section Township/Range Distance N/S Distance E/W

#1 NW SE 18 T7S R98W 1569 S 1339 E

#2 NE SW 18 T7S R98W 1492 S 2481 W

#3 NW SW 18 T7S R98W 1558 S 112 W

#4 NE SW 13 T7S R99W 1437 S 2587 W

#5 NE SW 13 T7S R99W 2168 S 1802 W

#6 SW NW 13 T7S R99W 2090 N 1207 W

#7 SW NW 13 T7S R99W 1790 N 817 W

#8 SW NW 13 T7S R99W 1630 N 607 W

#9 SW NW 13 T7S R99W 1670 N 205 W

#10 SE SW 11 T7S R99W 283 S 2160 W

Sedimentation Dam # UTM X (Easting) UTM Y (Northing)

#1 726497.29 4369279.90

#2 726052.42 4369290.48

#3 725330.19 4369288.92

#4 724481.29 4369179.99

#5 724236.58 4369398.02

#6 724047.63 4369705.84

#7 723927.04 4369794.91

#8 723862.11 4369842.40

#9 723739.80 4369827.76

#10 722716.91 4370397.51

Source of water: Kimball Creek, tributary to Roan Creek, tributary to the Colorado River; Appropriation Date: September 26, 2008;

Amount claimed, surface areas, capacity figures, and dam dimensions: All amounts decreed to Sedimentation Dams 1-10 are conditional.

Sed. Dam

Name

Surface

Area (acres)

Total Capacity

(acre-feet)

Active Capacity

(acre-feet)

Dead Storage

(acre-feet)

Embankment

Length (feet)

Embankment

Height (feet)

#1 0.54 2.57 0.51 2.06 100 <10

#2 0.38 1.52 0.30 1.22 100 8

#3 0.42 1.58 0.32 1.26 100 <10

#4 0.11 0.17 0.03 0.14 50 4

#5 0.33 0.91 0.18 0.73 75 6

#6 0.65 2.6 0.52 2.08 100 9

#7 0.59 2.36 0.47 1.89 100 9

#8 0.74 3.7 0.74 2.96 100 <10

#9 0.42 1.79 0.36 1.43 100 <10

#10 0.68 2.55 0.51 2.04 100 <10

Total 4.86 19.75 3.95 15.8

Use: Piscatorial, sediment control, recreation, wildlife habitat along pond banks, wetlands creation along pond banks; Detailed outline

of what has been done toward completion of appropriation and application of water to beneficial use: As described above, during the

diligence period, Applicant has retained the services of several consultants with expertise in engineering, wetlands compliance, riverine

improvement, marketing, legal compliance, and large-scale landscape architecture to further development of Applicant’s property

development at a cost of approximately $82,000. Additionally, work performed in-house related to developing the business plan for

Applicant’s property (for which the conditional water rights are essential) equate to approximately $2 million. Applicant plans to begin

work developing the conditional rights once Applicant’s business plan is finalized. In addition to the work described above (which

JUNE 2020 RESUME

WATER DIVISION 5

PAGE 31

applies to the Kimball Creek Ponds A-E, the Kimball Creek Ranch Sedimentation Dams 1-10, and the surface rights described below),

Applicant has retained additional consultants to explore options which relate to the Kimball Creek Ranch Sedimentation Dams 1 – 10,

the High Lonesome Augmentation Well No. 1, First Enlargement, and the Kimball Creek Ranch Exchange at a cost of approximately

$430,000; Request for finding of diligence regarding conditional surface rights: Name of structure and amount claimed:

Structure Amount Claimed (c.f.s.) Pond(s) to be Filled

Frashier Ditch Kimball Creek Ranch Enlargement 0.5 A

Caughman Ditch Kimball Creek Ranch Enlargement 0.5 A

A V and D Alternate No. 1 Kimball Creek Ranch Enlargement 0.5 B

Kimball Ditch Kimball Creek Ranch Enlargement 0.5 B, C

Cataract Ditch Kimball Creek Ranch Enlargement 0.5 D

H V C and S Ditch Kimball Creek Ranch Enlargement 1.0 E

Pond E Feeder Ditch 1.0 E

Date of original decree: June 1, 2014 – Case No. 2008CW196; Legal description: Following are the PLSS locations and UTM

coordinates (NAD83, Zone 12) of the structures (all in 6th Principal Meridian).

Structure Section Township/Range Dist. N/S Dist. E/

W

Frashier Ditch, Kimball Creek Ranch Enlargement SE/4 NE/4 Sec 14 T7S R99W 1732 N 215 E

Caughman Ditch, Kimball Creek Ranch

Enlargement

SW/4 SE/4 Sec 13 T7S R99W 1068 S 1648 E

A V and D Alternate No. 1, Kimball Creek Ranch

Enlargement

SE/4 NE/4 Sec 14 T7S R99W 1738 N 228 E

Kimball Ditch, Kimball Creek Ranch Enlargement SE/4 NE/4 Sec 14 T7S R99W 671 N 2419 E

Cataract Ditch, Kimball Creek Ranch Enlargement NE/4 NW/4 Sec 9 T7S R99W 1305 N 2668 E

H V C and S Ditch, Kimball Creek Ranch

Enlargement

NE/4 SE/4 Sec 32 T6S R98W 2202 S 1289 E

Pond E Feeder Ditch SW/4 SE/4; Sec 9 T7S R98W 422 S 2598 E

Structure UTM X (Easting) UTM Y (Northing)

Frashier Ditch, Kimball Creek Ranch Enlargement 723612.22 4369803.94

Caughman Ditch, Kimball Creek Ranch Enlargement 724796.32 4369094.45

A V and D Alternate No. 1, Kimball Creek Ranch Enlargement 723608.30 4369801.89

Kimball Ditch, Kimball Creek Ranch Enlargement 722935.27 4370089.70

Cataract Ditch, Kimball Creek Ranch Enlargement 719609.99 4371439.87

H V C and S Ditch, Kimball Creek Ranch Enlargement 727943.06 4374373.87

Pond E Feeder Ditch 729298.92 4370608.68

Source: The source for all structures other than the H V C and S Ditch is Kimball Creek. The source for the H V C and S Ditch is Roan

Creek; Appropriation date: September 26, 2008; Uses: Filling and replacing evaporation depletions from Kimball Creek Ranch Ponds

A-E; Detailed outline of what has been done toward completion of appropriation and application of water to beneficial use: As described

above, during the diligence period, Applicant has retained the services of several consultants with expertise in engineering, wetlands

compliance, riverine improvement, marketing, legal compliance, and large-scale landscape architecture to further development of

Applicant’s property development at a cost of approximately $82,000. Additionally, work performed in-house related to developing the

business plan for Applicant’s property (for which the conditional water rights are essential) equate to approximately $2 million.

Applicant plans to begin work developing the conditional rights once Applicant’s business plan is finalized; Request for finding of

diligence: High Lonesome Augmentation Well No. 1, First Enlargement; Date of Original Decree: June 1, 2014 - Case No. 2008CW196;

Permit number: 67517-F. That permit will be amended to reflect this enlargement before this water right is placed to beneficial use;

Legal description: The well is located in Mesa County in the NW/4 of the SW/4 of Section 17, Township 8 South, Range 97 West of

the 6th P.M. at a point 750 feet from the west section line and 2,470 feet from the south section line; UTM Zone 12, NAD83, 736993.35

Easting and 4360276.63 Northing; Source: Groundwater tributary to Roan Creek, tributary to the Colorado River; Depth: 38 feet;

Appropriation date: October 1, 2008; Amount claimed: 400 g.p.m, conditional, annual diversions of up to 50.30 a.f.; Use: Substitution

or augmentation purposes as set forth in the augmentation plan approved in Case No. 08CW196; Detailed outline of what has been done

toward completion of appropriation and application of water to beneficial use: As described above, during the diligence period, Applicant

has retained the services of several consultants with expertise in engineering, wetlands compliance, riverine improvement, marketing,

legal compliance, and large-scale landscape architecture to further development of Applicant’s property development at a cost of

approximately $82,000. Additionally, work performed in-house related to developing the business plan for Applicant’s property (for

which the conditional water rights are essential) equate to approximately $2 million. Applicant plans to begin work developing the

JUNE 2020 RESUME

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PAGE 32

conditional rights once Applicant’s business plan is finalized. In addition to the work described above (which applies to the Kimball

Creek Ponds A-E, the Kimball Creek Ranch Sedimentation Dams 1-10, and the surface rights described above), Applicant has retained

additional consultants to explore options which relate to the Kimball Creek Ranch Sedimentation Dams 1 – 10, the High Lonesome

Augmentation Well No. 1, First Enlargement, and the Kimball Creek Ranch Exchange at a cost of approximately $430,000; Request for

finding of diligence: Kimball Creek Ranch Exchange; Date of Original Decree: June 1, 2014 - Case No. 2008CW196; Legal description:

Lower Terminus (Point 1): the confluence of Roan Creek and the Colorado River located in the NE/4 SE/4 of Section 28, Township 8

South, Range 97 West, at a point 430 feet from the east section line and 1,550 feet from the south section line; UTM Zone 12, NAD83,

739958.16 Easting and 4356884.70 Northing; Upper Terminus (Point 6): the highest point of diversion at the Cataract Ditch headgate

located in the NW 1/4 NE 1/4 Section 15, Township 7 South, Range 99 West, at a point 2,041 feet from the east section line and 951

feet from the north section line; UTM Zone 12, NAD83, 719609.99 Easting and 4371439.87 Northing; Appropriation date: September

26, 2008; Exchange Scenarios: Three exchange scenarios are possible with a maximum annual amount of 35.82 a.f. Each of those

scenarios are described and the maximum flow rates for each scenario are stated below: Colorado River mainstem call, no Roan Creek

call (Scenario 1): When there is a mainstem call and no Roan Creek call, releases will be made from contract storage sources

commensurate with and sufficient to replace evaporative depletions from Kimball Creek Ranch Ponds A-D and Kimball Creek Ranch

Sedimentation Dams 1-10, less lagged HCU Credit and plus a 10% transit loss assessment. The exchange reach extends up Roan Creek

from the confluence with the Colorado River (Point 1, described above) to the confluence of Kimball Creek (Point 5, NE 1/4 SW1/4

Section 10, Township 7 South, Range 98 West, at a point 1,503 feet from the west section line and 2,373 feet from the south section

line; UTM Zone 12, NAD83, 730535.52 Easting and 4371235.48 Northing.), thence up Kimball Creek to the Applicant’s uppermost

depletion at the headgate of the Cataract Ditch (Point 6, described above). The exchange rate is 0.078 c.f.s., conditional, the average

daily rate of evaporative depletion for the month of June from the augmented ponds and dams (after adjusting for lagged HCU Credits).

This portion of the exchange shall not exceed 19.77 a.f. annually; Reservoir Ditch or Roan Creek Ditch No. 2 call, no Colorado River

mainstem call (Scenario 2): When the Reservoir or Roan Creek No. 2 ditches are calling but the mainstem call is off, the length of the

exchange reach is reduced to a sub-set of the lengthier Scenario 1 exchange. In this case the exchange reach extends from the combined

diversion structure of the Reservoir and Roan Creek No. 2 ditches (Point 3, NE 1/4 NE 1/4 Section 18, Township 8 South, Range 97

West, a distance of 248 feet from the east section line and 884 feet from the north section line; UTM Zone 12, NAD83, 736687.57

Easting and 4360848.13 Northing.) to the Applicant’s uppermost depletion point (Point 6). The exchange rate claimed is 0.154 c.f.s.,

conditional, the average July evaporative depletion from the augmented ponds and dams. This exchange shall not exceed 28.14 a.f.,

annually. In this case no credit is claimed for HCU thereby increasing the exchange rate as the Applicant’s Kimball Ditch water right is

assumed to be out-of-priority; Roan Creek and Colorado River mainstem call (Scenario 3): In this scenario the exchange operates

similarly to Scenario 1. With respect to a Roan Creek call, the exchange reach extends from the combined diversion structure of the

Reservoir and Roan Creek No. 2 ditches (Point 3) up to the points of depletion. With respect to a Colorado River mainstem call, the

exchange reach extends from the confluence with the Colorado River (Point 1) upstream to the High Lonesome Augmentation Well No.

1, First Enlargement (Point 2, NW 1/4 SW 1/4 Section 17, Township 8 South, Range 97 West, a distance of 750 feet from the west

section line and 2,470 feet from the south section line; UTM Zone 12, NAD83, 736993.35 Easting and 4360276.63 Northing.). The

exchange rate claimed is 0.154 c.f.s., conditional, the average July evaporative depletion from the augmented ponds and dams. This

exchange will not exceed 35.82 a.f. annually. In this case no credit is claimed for HCU thereby increasing the exchange rate as the

Applicant’s Kimball Ditch water right is assumed to be out-of-priority; Detailed outline of what has been done toward completion of

appropriation and application of water to beneficial use: During the diligence period, Applicant has retained the services of several

consultants with expertise in engineering, wetlands compliance, riverine improvement, marketing, legal compliance, and large-scale

landscape architecture to further development of Applicant’s property development at a cost of approximately $82,000. Additionally,

work performed in-house related to developing the business plan for Applicant’s property (for which the conditional water rights are

essential) equate to approximately $2 million. Applicant plans to begin work developing the conditional rights once Applicant’s business

plan is finalized. (13 pages)











20CW3085 GARFIELD COUNTY, COLORADO RIVER. Application for Findings of Reasonable Diligence and to Make Absolute.

James Craig Bair Ranch Co LLC, c/o Jeff Houpt & Ryan Jarvis of Beattie, Houpt & Jarvis, 932 Cooper Ave, Glenwood Springs, 970-

945-8659. All structures: Original decree entered on 05/29/07 in 05CW164; subsequent decree entered on 06/02/14 in 13CW3011. The

subject water rights operate pursuant to the plan for augmentation decreed in 05CW164. Homestead Spring: Location: in Sec 23, T 5 S,

R 87 W 6th PM, at a point 1,300 ft N of S sec line and 1,950 ft E of W sec line. Source: Near surface groundwater trib to Spruce Creek,

trib to Colorado River. Appropriation date: 12/31/00. Amount: 0.033 cfs (15 gpm), conditional. Uses: Irrigation, fire protection,

JUNE 2020 RESUME

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PAGE 33

domestic, and commercial. Location of irrigated area: Up to 0.25 acres within that portion of the Bair Ranch located within the Spruce

Creek drainage. Date water applied to beneficial use: 08/20/18. Amount of water applied to beneficial use: 0.033 cfs (15 gpm). Uses of

water applied to beneficial use: Irrigation, fire protection, domestic, and commercial. Place of beneficial use: 0.25 acres within that

portion of the Bair Ranch located within the Spruce Creek drainage. Marble Well: Location: in Sec 22, T 5 S, R 87 W 6th PM, at a point

1,100 ft N of S sec line and 2,390 ft W of E sec line. Source: Groundwater trib to Ike Creek, trib to Colorado River. Appropriation date:

08/25/05. Amount: 0.045 cfs (20 gpm), conditional. Uses: Irrigation, fire protection, domestic, and commercial. Location of irrigated

area: Up to 0.25 acres within that portion of the Bair Ranch located within the Ike Creek drainage. Depth of well: Approx 50 ft. Hunting

Cabin Well: Location: in Sec 22, T 5 S, R 87 W 6th PM, at a point 2,340 ft N of S sec line and 1,800 ft W of E sec line. Source:

Groundwater trib to Ike Creek, trib to Colorado River. Appropriation date: 08/25/05. Amount: 0.033 cfs (15 gpm), conditional. Uses:

Irrigation, fire protection, domestic, and commercial. Location of irrigated area: Up to 0.25 acres within that portion of the Bair Ranch

located within the Ike Creek drainage. Depth of well: Approx 50 ft. Date water applied to beneficial use: 07/20/18. Amount of water

applied to beneficial use: 0.033 cfs (15 gpm). Applied to beneficial use for Irrigation, fire protection, domestic, and commercial. Place

of beneficial use: domestic use in a cabin in Applicant’s commercial recreational business and for irrigation and fire protection around

the cabin. Spruce Lodge Well: Location: in Sec 26, T 5 S, R 87 W 6th PM, at a point 420 ft S of N sec line and 2,510 ft E of W sec line.

Source: Groundwater trib to Spruce Creek, trib to Colorado River. Appropriation date: 08/25/05. Amount: 0.033 cfs (15 gpm),

conditional. Uses: Irrigation, fire protection, domestic, and commercial. Location of irrigated area: Up to 0.25 acres within that portion

of the Bair Ranch located within the Spruce Creek drainage. Depth of well: Approx 50 ft. Date water applied to beneficial use: 06/30/05.

Amount applied to beneficial use: 0.033 cfs (15 gpm). Applied to beneficial use for irrigation, fire protection, domestic, and commercial.

Place of beneficial use: 0.25 acres within that portion of the Bair Ranch located within the Spruce Creek drainage. Homestead Well:

Location: in Sec 23, T 5 S, R 87 W 6th PM, at a point 1,300 ft N of S sec line and 1,980 ft E of W sec line. Source: Groundwater trib to

Spruce Creek, trib to Colorado River. Appropriation date: 08/25/05. Amount: 0.033 cfs (15 gpm), conditional. Uses: Irrigation, fire

protection, domestic, and commercial. Location of irrigated area: Up to 0.25 acres within that portion of the Bair Ranch located within

the Spruce Creek drainage. Depth of well: Approx 50 ft. Date applied to beneficial use: 08/20/18. Amount applied to beneficial use:

0.033 cfs (15 gpm). Applied to beneficial use for irrigation, fire protection, domestic, and commercial. Place of beneficial use: 0.25

acres within that portion of the Bair Ranch located within the Spruce Creek drainage. Bair Ranch Wolford Exchange: Downstream

termini: (1) Confluence of Spruce Creek and the Colorado River in the SE¼ of the NE¼ of Sec 15, T 5 S, R 87 W 6th PM, approx 1,600

ft from N sec line and 420 ft from E sec line of said Sec 15; (2) Confluence of Ike Creek and the Colorado River in the NE¼ of the

SW¼ of Sec 15, T 5 S, R 87 W 6th PM, approx 2,100 ft from S sec line and 2,200 ft from W sec line of said Sec 15. Upstream termini:

The decreed locations (05CW164) of the following structures: Hunting Cabin Springs, Marble Springs, Homestead Spring, Spruce

Lodge Springs, Marble Well, Hunting Cabin Well, Spruce Lodge Well, Homestead Well, Marble Pond, Wapiti Pond, and Spruce Pond.

Max rate of exchange: 0.145 cfs, conditional. Date of appropriation: 08/25/05. Date applied to beneficial use: 08/30/18. Amount applied

to beneficial use: 0.145 cfs. Applied to beneficial use for augmentation. Place of beneficial use: Applicant’s property. Bair Ranch Ruedi

Exchange: Downstream terminus: Confluence of Roaring Fork and Colorado Rivers in the SW¼ of the NW¼ of Sec 9, T 6 S, R 89 W

6th PM, approx 2,200 ft from N sec line and 2,400 ft from W sec line of said Sec 9. Upstream termini: Same as above. Max rate of

exchange: 0.145 cfs, conditional. Appropriation date: 08/25/05. Date applied to beneficial use: 08/30/18. Amount applied to beneficial

use: 0.145 cfs. Applied to beneficial use for augmentation. Place of beneficial use: Applicant’s property. The Application on file with

the court includes a list of activities demonstrating diligence. Owner of land: Applicant. (12 pages)











19CW3042 GARFIELD COUNTY. Roaring Fork Properties, LLC and South Canyon Ranch, LLC David Effress, 75-5706 Hanama

Place, Ste. 104, Kailua Kona, HI 96740, Telephone: 520-268-9459. Please address all correspondence to Applicants’ attorneys: Peter

D. Nichols, Megan Gutwein, Berg Hill Greenleaf Ruscitti LLP, 1712 Pearl Street, Boulder, Colorado 80302, 303-402-1600,

[email protected], [email protected]. FIRST AMENDED APPLICATION FOR APPROVAL OF PLAN FOR

AUGMENTATION AND APPROPRIATIVE RIGHT OF EXCHANGE. I. FIRST CLAIM: AUGMENTATION OF

ESTABLISHED BUT ERRONEOUSLY DESCRIBED WATER RIGHTS 1. Remarks: All of the decreed water rights listed below

that are part of this First Claim were included in an Application For Correction For An Established But Erroneously Described Point Of

Diversion Pursuant To § 37-92-305(3.6), C.R.S., Case No. 19CW3038, filed contemporaneously with the original application in this

case on March 30, 2019, and decreed on February 1, 2020. 2. Name of Well: Richardson Well SK-2A 2.1 Date of original and all

relevant subsequent decrees: 2.1.1. Original decree: Case No. 81CW336, Water Div. 5, August 23, 1983 Subsequent decree: Case

No. 19CW3038, Water Div. 5, February 1, 2020. 2.2. Decreed location (Case No. 81CW336): Richardson Well SK-2A is located in

the SE1/4SW1/4 of Section 14, T. 6 S., R. 90 W. of the 6th P.M. at a point 1,300 feet North of the South line and 2,100 feet East of the





JUNE 2020 RESUME

WATER DIVISION 5

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West line of said Section 14. See Exhibit A. 2.3. Decreed source of water: South Canyon Creek, tributary to the Colorado River

2.4 Appropriation Date: August 28, 1978 2.5. Total amount decreed to structure: .033 cfs Absolute 2.6. Decreed uses: Irrigation

and stock water. 2.7. Detailed description of proposed correction: 2.7.1. Actual location: UTM Zone 13 NAD83 Coordinates: Easting

292851.16 m Northing 4377965.82 m Source: GPS Accuracy: 3 m See Exhibit A. 2.8. Name of owner of the land upon which the

structures will be located: Applicants 3. Name of Reservoir: Connolly Reservoir No. 2 3.1. Date of original and all relevant subsequent

decrees: 3.1.1. Original decree: Case No. 81CW368, Water Div. 5, August 26, 1986. Subsequent decree: Case No. 19CW3038, Water

Div. 5, February 1, 2020. 3.2. Decreed location (Case No. 81CW368): Connolly Reservoir No. 2 is located in the NE1/4SW1/4 of

Section 24 T. 6 S., R. 90 W. of the 6th P.M. and 1,500 feet from the South Section line and 1,400 feet from the West section line of said

Section 24. See Exhibit A. 3.3. Decreed source of water: Unnamed tributary to South Canyon Creek, tributary to the Colorado River

3.4. Appropriation Date: December 31, 1935 3.5. Total amount decreed to structure: 0.1 AF Absolute 3.6. Decreed uses:

Stock watering 3.7. Detailed description of proposed correction: 3.7.1. Actual location: UTM Zone 13 NAD83 Coordinates: Easting

294193.41 m Northing 4376330.71 m Source: GPS Accuracy: 3 m See Exhibit A. 3.8. Name of owner of the land upon which the

structures will be located: Applicants 4. Name of Reservoir: Connolly Reservoir No. 3 4.1. Date of original and all relevant subsequent

decrees: 4.1.1. Original decree: Case No. 81CW368, Water Div. 5, August 26, 1986. Subsequent decree: Case No. 19CW3038, Water

Div. 5, February 1, 2020. 4.2. Decreed location (Case No. 81CW368): Connolly Reservoir No. 3 is located in the SE1/4SW1/4 T. 6

S. R. 90 W. of the 6th P.M. at a point 1,300 feet North of the South line and 2,100 feet East of the West line of said Section 24. See

Exhibit A. 4.3. Decreed source of water: Unnamed tributary to South Canyon Creek, tributary to the Colorado River 4.4. Appropriation

Date: December 31, 1935 4.5. Total amount decreed to structure: 0.1 AF Absolute 4.6. Decreed uses: Stock watering 4.7. Detailed

description of proposed correction: 4.7.1. Actual location: UTM Zone 13 NAD83 Coordinates: Easting 294294.04 m Northing

4376151.42 m Source: GPS Accuracy: 3 m See Exhibit A. 4.8. Name of owner of the land upon which the structures will be located:

Applicants 5. Name of Spring: Connolly Spring No. 3 5.1. Date of original and all relevant subsequent decrees: 5.1.1. Original

decree: Case No. 81CW369, Water Div. 5, August 26, 1986. Subsequent decree: Case No. 19CW3038, Water Div. 5, February 1,

2020. 5.2. Decreed location (Case No. 81CW369): Connolly Spring No 3 is located in the SE1/4SW1/4 of Section 24, T. 6 S., R. 90

W. of the 6th P.M. at 4 point 1,300 feet North of the South line and 2,120 feet East of the West line of said Section 24. See Exhibit A.

5.3. Decreed source of water: Unnamed tributary to South Canyon Creek, tributary to the Colorado River 5.4. Appropriation Date:

December 31, 1935 5.5. Total amount decreed to structure: .0110 cfs Absolute 5.6. Decreed uses: Stock watering 5.7. Detailed

description of proposed correction: 5.7.1. Actual location: UTM Zone 13 NAD83 Coordinates: Easting 294317.01 m Northing

4376148.03 m Source: GPS Accuracy: 3 m See Exhibit A. 5.8. Name of owner of the land upon which the structures will be located:

Applicants 6. Name of Reservoir: Connolly Reservoir No. 4 6.1 Date of original and all relevant subsequent decrees: 6.1.1 Original

decree: Case No. 81CW368, Water Div. 5, August 26, 1986. Subsequent decree: Case No. 19CW3038, Water Div. 5, February 1,

2020. 6.2 Decreed location (Case No. 81CW368): Connolly Reservoir No. 4 is located in the SW1/4SW1/4 of Section 24, T. 6 S., R.

90 W. of the 6th P.M. at a point 1,300 feet North of the South line and 850 feet East of the West line of said Section 24. See Exhibit A.

6.3 Decreed source of water: Unnamed tributary to South Canyon Creek, tributary to the Colorado River 6.4 Appropriation Date:

December 31, 1935 6.5 Total amount decreed to structure: 0.1 AF Absolute 6.6 Decreed uses: Stock watering 6.7 Detailed

description of proposed correction: 6.7.1 Actual location: UTM Zone 13 NAD83 Coordinates: Easting 293813.28 m Northing

376217.53 m Source: GPS Accuracy: 3 m See Exhibit A. 6.8 Name of owner of the land upon which the structures will be located:

Applicants 7. Name of Spring: Connolly Spring No. 4 7.1 Date of original and all relevant subsequent decrees: 7.1.1 Original decree:

Case No. 81CW369, Water Div. 5, August 26, 1986. Subsequent decree: Case No. 19CW3038, Water Div. 5, February 1, 2020. 7.2

Decreed location (Case No. 81CW369): Connolly Spring No 4 is located 1n the SW1/4SW1/4 Section 24, T. 6 S., R. 90 W. of the 6th

P.M. at 8 point 1,320 feet North of the South line and 880 feet East of the West line of said Section 24. See Exhibit A. 7.3 Decreed

source of water: Unnamed tributary to South Canyon Creek, tributary to the Colorado River 7.4 Appropriation Date: December 31,

1935 7.5 Total amount decreed to structure: 0.011 cfs Absolute 7.6 Decreed uses: Stock watering 7.7 Detailed description of

proposed correction: 7.7.1 Actual location: UTM Zone 13 NAD83 Coordinates: Easting 293833.54 m Northing 4376216.73 m

Source: GPS Accuracy: 3 m See Exhibit A. 7.8 Name of owner of the land upon which the structures will be located: Applicants

II. SECOND CLAIM: AUGMENTATION OF EXISTING AND PENDING NEW USES OF DECREED WATER RIGHTS 8.

Remarks: All of the decreed absolute water rights listed below that are part of this Second Claim are included in an application for new

junior uses in Case No. 19CW3041 filed contemporaneously with the original application in this case on March 30, 2019. 9. Name of

Structure: Richardson Spring No. 1 9.1. Adjudication: Case No. 81CW338, Water Division No. 5, decreed September 19, 1983 9.2.

Source: Spring tributary to unnamed tributary of South Canyon Creek, tributary to the Colorado River 9.3. Appropriation date:

December 31, 1955 9.4. Amount: 0.011 cfs absolute 9.5. Use: Domestic and livestock water 9.6. Legal Description: Richardson

Spring No. 1 is located in the NW 1/4 SE ¼ of Section 23, T. 6S., R. 90W. of the 6th P.M. at a point 1,650 feet North of the South line

and 2,125 feet West of the East Line of said Section 23. See Exhibit A. UTM Zone 13 NAD83 Coordinates: Easting 293038.13 m

Northing 4376388.14 m Source: GPS Accuracy: 3 m 9.7. Name of owner of the land upon which the structures will be located:

Applicants 9.8. Proposed new junior use of existing water right: 9.8.1. Proposed junior use: Irrigation of 0.5 acres of land. See Exhibit

B. 9.8.2. Date of appropriation: January 31, 2019 10. Name of Structure: Richardson Ditch No. 4 10.1. Adjudication: Case No.

81CW339, Water Division No. 5, decreed September 19, 1983; Case No. 91CW123, Water Division No. 5, decreed December 19, 1991.

10.2. Source: Unnamed tributary to South Canyon Creek, tributary to the Colorado River 10.3. Appropriation date: December 31,

1955 10.4. Amount: 0.027 cfs absolute 10.5. Uses: irrigation and livestock water 10.6. Legal Description: SE ¼ SE ¼ Section 23,

Township 6 South, Range 90 West 6th P.M. And more particularly 5 feet North of the South Section Line and 350 West of the East

Section line of said Section 23. See Exhibit A. UTM Zone 13 NAD83 Coordinates: Easting 293587.54 m Northing 4375860.66 m

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Source: GPS Accuracy: 3 m 10.7. Name of owner of the land upon which the structures will be located: Applicants 10.8. Proposed

new junior uses of existing water right: 10.8.1. Proposed junior use: domestic and commercial 10.8.2. Amount: 0.027 cfs conditional

10.8.3. Date of appropriation: January 31, 2019 11. Name of Structure: Richardson Pond No. 9 11.1. Adjudication: Case No.

81CW340, Water Division No. 5, decreed September 19, 1983. 11.2. Source: Unnamed tributary of South Canyon Creek, tributary to

the Colorado River 11.3. Appropriation date: 1955 11.4. Amount: 0.1 acre feet absolute 11.5. Uses: livestock water 11.6. Legal

Description: Richardson Pond No. 9 is located in the SW ½ NW ½ of Section 24, Township 6 South, Range 90 West of the 6th P.M. at

a point 5 feet East of the West line and 2250 feet South of the North line of said Section 24. See Exhibit A. UTM Zone 13 NAD83

Coordinates: Easting 293734.22 m Northing 4376808.58 m Source: GPS Accuracy: 3 m 11.7. Name of owner of the land upon

which the structures will be located: Applicants 11.8. Proposed new junior use of existing water right: 11.8.1. Proposed junior use:

Irrigation of 0.5 acres of land. See Exhibit B. 11.8.2. Amount: 0.1 acre feet conditional 11.8.3. Date of appropriation: January 31,

2019 12. Names of Structures: Connolly Spring Nos. 1, 2, 3, and 4 12.1. Adjudication: Case No. 81CW369, Water Division No. 5,

August 26, 1986 (Connolly Spring Nos. 1-4); Case No. 90CW127, Water Division No. 5, October 15, 1990 (Connolly Spring No. 2)

12.2. Source: Unnamed draws tributary to South Canyon Creek, tributary to the Colorado River 12.3. Appropriation dates: 12.3.1.

Connolly Spring No. 1: December 31, 1935 12.3.2. Connolly Spring No. 2: September 30, 1879 12.3.3. Connolly Spring No. 3:

December 31, 1935 12.3.4. Connolly Spring No. 4: December 31, 1935 12.4. Amount: 12.4.1. Connolly Spring No. 1: 5 gallons

per minute (0.011 c.f.s.) absolute 12.4.2. Connolly Spring No. 2: 5 gallons per minute (0.011 c.f.s.) absolute 12.4.3. Connolly Spring

No. 3: 5 gallons per minute (0.011 c.f.s.) absolute 12.4.4. Connolly Spring No. 4: 5 gallons per minute (0.011 c.f.s.) absolute 12.5.

Uses: watering of livestock 12.6. Legal Descriptions: 12.6.1. Connolly Spring No. 1 is located in the NE ¼ SW ¼ of Section 24, T.

6 S., R. 90 W. of the 6th P.M. at a point 2160 feet North of the South line and 2260 feet East of West line of said Section 24. See Exhibit

A. UTM Zone 13 NAD83 Coordinates: Easting 294395.53 m Northing 4376526.37 m Source: GPS Accuracy: 3 m 12.6.2. Connolly

Spring No. 2 i. The decreed location is in the SE ¼ SE ¼ of Section 24, T. 6 S., R. 90 W. of the 6th P.M. at a point 20 feet North of

the South line and 1450 feet West of the East line of said Section 24 (Case No. 81CW369). ii. The actual location is in the NW ¼ NE

¼ of Section 25, T. 6 S., R. 90 W. of the 6th P.M. at a point 350 feet South of the North section line and 1450 feet West of the East

section line of section 25 (U.S. Department of Interior, Bureau of Land Management (BLM) Cadastral Survey) UTM Zone 13 NAD83

Coordinates: Easting 294849.91 m Northing 4375838.19 m Source: GPS Accuracy: 3 m See Exhibit A. 12.6.3. Connolly Spring

No. 3 is located in the SE ¼ SW ¼ of Section 24, T. 6 S., R. 90 W. of the 6th P.M. at a point 1300 feet North of the South line and 2150

feet East of West line of said Section 24. See Exhibit A. UTM Zone 13 NAD83 Coordinates: Easting 294317.01 m Northing

4376148.03 m Source: GPS Accuracy: 3m 12.6.4. Connolly Spring No. 4 is located in the SW ¼ SW ¼ of Section 24, T. 6 S., R. 90

W. of the 6th P.M. at a point 1320 feet North of the South line and 880 feet East of West line of said Section 24. See Exhibit A. UTM

Zone 13 NAD83 Coordinates: Easting 293833.54 m Northing 4376216.73 m Source: GPS Accuracy: 3 m 12.7. Name of owner of

the land upon which the structures will be located: Applicants, except Connolly Spring No. 2, which is on land owned by the BLM.

12.8. Proposed new junior uses of existing water rights: 12.8.1. Proposed junior uses: Domestic, commercial, and irrigation of 0.5

acres of land. See Exhibit B. 12.8.2. Amounts: 12.8.2.1. Connolly Spring No. 1: 5 gallons per minute (0.011 c.f.s.) conditional

12.8.2.2. Connolly Spring No. 2: 5 gallons per minute (0.011 c.f.s.) conditional 12.8.2.3. Connolly Spring No. 3: 5 gallons per minute

(0.011 c.f.s.) conditional 12.8.2.4. Connolly Spring No. 4: 5 gallons per minute (0.011 c.f.s.) conditional 12.9. Date of appropriation:

January 31, 2019 13. Names of Structures: Connolly Reservoirs Nos. 1, 2, 3, and 4 13.1. Adjudication: Case No. 81CW368, Water

Division No. 5, August 26, 1986 13.2. Source: South Canyon Creek, tributary to the Colorado River 13.3. Appropriation dates:

13.3.1. Connolly Reservoir No. 1: December 31, 1935 13.3.2. Connolly Reservoir No. 2: December 31, 1935 13.3.3. Connolly

Reservoir No. 3: December 31, 1935 13.3.4. Connolly Reservoir No. 4: December 31, 1935 13.4. Amounts: 13.4.1. Connolly

Reservoir No. 1: 0.1 acre feet absolute 13.4.2. Connolly Reservoir No. 2: 0.1 acre feet absolute 13.4.3. Connolly Reservoir No. 3:

0.1 acre feet absolute 13.4.4. Connolly Reservoir No. 4: 0.1 acre feet absolute 13.5. Uses: watering of livestock 13.6. Legal

Descriptions: 13.6.1. Connolly Reservoir No. 1 is located in the NE ¼ SW ¼ of Section 24, T. 6 S., R. 90 W. of the 6th P.M. at a point

2150 feet North of the South line and 2250 feet East of West line of said Section 24. See Exhibit A. UTM Zone 13 NAD83 Coordinates:

Easting 294385.19 m Northing 4376537.77 m Source: GPS Accuracy: 3 m 13.6.2. Connolly Reservoir No. 2 is located in the NE

¼ SW ¼ of Section 24, T. 6 S., R. 90 W. of the 6th P.M. at a point 1600 feet from the South Section line and 1400 feet from the West

Section line of said Section 24. See Exhibit A. UTM Zone 13 NAD83 Coordinates: Easting 294193.41 m Northing 4376330.71 m

Source: GPS Accuracy: 3 m 13.6.3. Connolly Reservoir No. 3 is located in the SE ¼ SW ¼ of Section 24, T. 6 S., R. 90 W. of the

6th P.M. at a point 1300 feet North of the South line and 2100 feet East of West line of said Section 24. See Exhibit A. UTM Zone 13

NAD83 Coordinates: Easting 294294.04 m Northing 4376151.42 m Source: GPS Accuracy: 3 m 13.6.4. Connolly Reservoir No.

4 is located in the SW ¼ SW ¼ of Section 24, T. 6 S., R. 90 W. of the 6th P.M. at a point 1300 feet North of the South line and 860 feet

East of West line of said Section 24. See Exhibit A. UTM Zone 13 NAD83 Coordinates: Easting 293813.28 m Northing 4376217.53

m Source: GPS Accuracy: 3 m 13.7. Name of owner of the land upon which the structures will be located: Applicants 13.8.

Proposed new junior uses of existing water rights: 13.8.1. Proposed junior uses: Domestic, commercial, and irrigation of 0.5 acres of

land. See Exhibit B. 13.8.2. Amounts: 13.8.2.1. Connolly Reservoir No. 1: 0.1 acre feet conditional 13.8.2.2. Connolly Reservoir

No. 2: 0.1 acre feet conditional 13.8.2.3. Connolly Reservoir No. 3: 0.1 acre feet conditional 13.8.2.4. Connolly Reservoir No. 4:

0.1 acre-feet conditional 13.9. Date of appropriation: January 31, 2019 III. THIRD CLAIM: AUGMENTATION OF UNDECREED

ABSOLUTE WATER RIGHTS 14. Remarks: All of the undecreed absolute water rights listed below that are part of this Third Claim

are included in an application in Case No. 19CW3039 filed contemporaneously with the original application in this case on March 30,

2019, and decreed on February 1, 2020. 15. Name of Structure: SRR Spring A 15.1. Legal Description: UTM Zone 13 NAD83

Coordinates: Easting 293,709.8 m Northing 4,377,424.7 m Source: GPS Accuracy: 3 m See Exhibit A. 16. Name of Structure:

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SRR Spring B 16.1. Legal Description: UTM Zone 13 NAD83 Coordinates: Easting 293,619.0 m Northing 4,377,375.3 m Source:

GPS Accuracy: 3 m See Exhibit A. 17. Name of Structure: SRR Spring D 17.1. Legal description: UTM Zone 13 NAD83


SRR Spring E 18.1. Legal description: UTM Zone 13 NAD83 Coordinates: Easting 294,565.7 m Northing 4,375,959.9 m Source:

GPS Accuracy: 3 m See Exhibit A. 19. Name of Structure: SRR Spring F 19.1. Legal description: UTM Zone 13 NAD83


SRR Spring G 20.1. Legal description: UTM Zone 13 NAD83 Coordinates: Easting 293,826.9 m Northing 4,376,838.0 m Source:

GPS Accuracy: 3 m See Exhibit A. 21. Name of structure: SRR Spring H 21.1. Legal description: UTM Zone 13 NAD83

Coordinates: Easting 293,860.6 m Northing 4,376,170.5 m Source: GPS Accuracy: 3 m See Exhibit A. 22. Name of

Structure: SRR Spring M 22.1. Legal description: UTM Zone 13 NAD83 Coordinates: Easting 294,216.8 m Northing 4,376,341.4

m Source: GPS Accuracy: 3 m See Exhibit A. 23. Name of Structure: SRR Spring N 23.1. Legal description: UTM Zone 13

NAD83 Coordinates: Easting 293,497.1 m Northing 4,376,163.9 m Source: GPS Accuracy: 3 m See Exhibit A. 24. Name of

Structure: SRR Spring O 24.1. Legal description: UTM Zone 13 NAD83 Coordinates: Easting 293,953.0 m Northing 4,376,990.0

m Source: GPS Accuracy: 3 m See Exhibit A. 25. Name of Reservoir: SRR Pond B 25.1. Legal description: UTM Zone 13

NAD83 Coordinates: Easting 293,619.0 m Northing 4,377,375.3 m Source: GPS Accuracy: 3 m See Exhibit A. 26. Name of

Reservoir: SRR Pond C 26.1. Legal description: UTM Zone 13 NAD83 Coordinates: Easting 293,350.2 m Northing 4,377,197.2 m

Source: GPS Accuracy: 3 m See Exhibit A. 27. Name of Reservoir: SRR Pond D 27.1. Legal description: UTM Zone 13 NAD83

Coordinates: Easting 294,565.7 m Northing 4,375,959.9 m Source: GPS Accuracy: 3 m See Exhibit A. 28. Name of Reservoir:

SRR Pond F 28.1. Legal description: UTM Zone 13 NAD83 Coordinates: Easting 293,785.2 m Northing 4,377,451.5 m Source:

GPS Accuracy: 3 m See Exhibit A. 29. Name of Reservoir: SRR Pond O System 29.1. Legal description: UTM Zone 13 NAD83

Coordinates: Easting 293,917.0 m Northing 4,376,993 m Source: GPS Accuracy: 3 m See Exhibit A. 30. Name of Reservoir: SRR

Pond I 30.1. Legal description: UTM Zone 13 NAD83 Coordinates: Easting 293,399.9 m Northing 4,377,209.6 m Source: GPS

Accuracy: 3 m See Exhibit A. 31. Name of Reservoir: SRR Pond J 31.1. Legal description: UTM Zone 13 NAD83 Coordinates:

Easting 293,619.9 m Northing 4,377,308.1 m Source: GPS Accuracy: 3 m See Exhibit A. 32. Name of Reservoir: SRR Pond K

32.1. Legal description: UTM Zone 13 NAD83 Coordinates: Easting 292,691.8 m Northing 4,377,835.6 m Source: GPS

Accuracy: 3 m See Exhibit A. 33. Name of Reservoir: SRR Pond L. 33.1. Legal description: UTM Zone 13 NAD83 Coordinates:

Easting 292,742.5 m Northing 4,377,845.3 m Source: GPS Accuracy: 3 m See Exhibit A. IV. FOURTH CLAIM:

AUGMENTATION OF UNDECREED CONDITIONAL WATER RIGHTS 34. Remarks: All of the undecreed conditional water

rights listed below that are part of this Fourth Claim are included in an application in Case No. 19CW3040, filed contemporaneously

with the original application in this case on March 30, 2019. 35. Name of Structure: SRR V1 Pump & Pipeline 35.1. Legal Description:

The point of diversion from South Canyon Creek is located in the SW ¼ of the SW ¼, Section 14, Township 6 South, Range 90 West,

6th P.M., at a point approximately 200 feet from the south section line and 1030 feet from the west section line of said Section 14,

Garfield County, Colorado, based on the BLM digital section lines. See Exhibit A. UTM Zone 13 NAD83 Coordinates: Easting

292,408.4 m Northing 4,377,587.6 m Source: GPS Accuracy: 3 m 36. Name of Structure: SRR V2 Pump & Pipeline 36.1. Legal

Description: The point of diversion from South Canyon Creek is located in the NE ¼ of the NW ¼, Section 23, Township 6 South,

Range 90 West, 6th P.M., at a point approximately 925 feet from the north section line and 2020 feet from the west section line of said

Section 23, Garfield County, Colorado, based on the BLM digital section lines. See Exhibit A. UTM Zone 13 NAD83 Coordinates:

Easting 292,702.6 m Northing 4,377,246.2 m Source: GPS Accuracy: 3 m 37. Name of Structure: SRR V3 Pump & Pipeline 37.1.

Legal Description: The point of diversion from South Canyon Creek is located in the SE ¼ of the NW ¼, Section 23, Township 6 South,



Easting 292,777.8 m Northing 4,377,081.1 m Source: GPS Accuracy: 3 m 38. Name of Structure: SRR V4 Pump & Pipeline 38.1.

Legal Description: The point of diversion from South Canyon Creek is located in the SE ¼ of the NW ¼, Section 23, Township 6 South,



Easting 292,799.9 m Northing 4,376,799.6 m Source: GPS Accuracy: 3 m 39. Name of Structure: SRR V5 Ditch 39.1. Legal

Description: The point of diversion from an unnamed tributary of South Canyon Creek is located in the SW ¼ of the SW ¼, Section

24, Township 6 South, Range 90 West, 6th P.M., at a point approximately 1010feet from the south section line and 555 feet from the

west section line of said Section 24, Garfield County, Colorado, based on the BLM digital section lines. See Exhibit A. UTM Zone 13

NAD83 Coordinates: Easting 293,835.0 m Northing 4,376,201.4 m Source: GPS Accuracy: 3 m 40. Name of Reservoir: SRR

Maintenance Pond 40.1. Legal Description: The centerline of the dam at the outlet is located in the SW ¼ of the SW ¼, Section 14,

Township 6 South, Range 90 West, 6th P.M., at a point approximately 25 feet from the south section line and 1095 feet from the west

section line of said Section 14, Garfield County, Colorado, based on the BLM digital section lines. See Exhibit A. UTM Zone 13

NAD83 Coordinates: Easting 292,427.2 m Northing 4,377,535.1 m Source: GPS Accuracy: 3 m 41. Name of Reservoir: SRR Barn

Pond 41.1. Legal Description: The centerline of the dam at the outlet is located in the NE ¼ of the NW ¼, Section 23, Township 6

South, Range 90 West, 6th P.M., at a point approximately 670 feet from the north section line and 1435 feet from the west section line

of said Section 23, Garfield County, Colorado, based on the BLM digital section lines. See Exhibit A. UTM Zone 13 NAD83

Coordinates: Easting 292,527.0 m Northing 4,377,324.3 m Source: GPS Accuracy: 3 m 42. Name of Reservoir: SRR Lower V2

Pond 42.1. Legal Description: The centerline of the dam at the outlet is located in the NE ¼ of the NW ¼, Section 23, Township 6

South, Range 90 West, 6th P.M., at a point approximately 730 feet from the north section line and 2075 feet from the west section line

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Coordinates: Easting 292,720.9 m Northing 4,377,305.8 m Source: GPS Accuracy: 3 m 43. Name of Reservoir: SRR Lower V5

Pond 43.1. Legal Description: The centerline of the dam at the outlet is located in the SE ¼ of the SE ¼, Section 23, Township 6

South, Range 90 West, 6th P.M., at a point approximately 915 feet from the south section line and 1100 feet from the west section line


Coordinates: Easting 293,330.0 m Northing 4,376,166.4 m Source: GPS Accuracy: 3 m 44. Name of Reservoir: SRR Upper V5

Pond 44.1. Legal Description: The centerline of the dam at the outlet is located in the NE ¼ of the SW ¼, Section 24, Township 6




Pond 45.1. Legal Description: The centerline of the dam at the outlet is located in the SW ¼ of the SE ¼, Section 14, Township 6

South, Range 90 West, 6th P.M., at a point approximately 140 feet from the south section line and 1925 feet from the east section line



Pond 46.1. Legal Description: The centerline of the dam at the outlet is located in the NE ¼ of the SW ¼, Section 14, Township 6



Coordinates: Easting 292,854.0 m Northing 4,377,965.0 m Source: GPS Accuracy: 3 m V. DESCRIPTION OF WATER RIGHTS

TO BE USED FOR AUGMENTATION 47. General Description of Plan for Augmentation: The Applicants will obtain a water

allotment contract(s) from the West Divide Water Conservancy District ("West Divide District") for 44 acre-feet of Colorado River

supply to replace any out-of-priority depletions to the Colorado River. West Divide will provide augmentation water via releases from

Ruedi, Green Mountain and/or Wolford Mountain Reservoirs in accordance with the water allotment contract between Applicant and

the West Divide District. Some of the augmentation supplies (Wolford Mountain Reservoir and Ruedi Reservoir) provided by West

Divide District are made available to the Applicant pursuant to a contract between the West Divide District and the Colorado River

Water Conservation District, acting by and through its Colorado River Water Projects Enterprise (“River District”). Applicants will use

releases from one or more of the SRR Maintenance Pond, SRR Barn Pond, SRR Lower V2 Pond, SRR Lower V5 Pond, or SRR Upper

V5 Pond to replace any out-of-priority depletions on South Canyon Creek. 48. West Divide District Water Supply Contract(s):

Applicants intend to enter into a water allotment contract(s) with the West Divide District for 44 acre-feet annually and will use the

water under the contract in this plan for augmentation and shall provide a copy of the fully-executed contract(s) to the Court, objectors

in this case, and the Division Engineer, pursuant to C.R.S. § 37-92-305(8)(c), prior to operating the plan for augmentation. In the event

the water allotment contract(s) with West Divide is cancelled or terminated, this plan for augmentation shall cease to operate. The

contract water will be delivered from one or more of the following sources, as determined by the West Divide District, to replace out-

of-priority depletions to the Colorado River: 48.1. Green Mountain Reservoir. 4.8.1.1. Case Nos.: 2782, 5016 and 5017, U.S. Dist.

Ct. (Colo.), October 12, 1955. 48.1.1.1. Legal Description: Located approximately 16 miles Southeast of the Town of Kremmling,

Colorado in all or parts of Sections 11 through 15 and 24 of Township 2 South, Range 80 West, and in Sections 17 through 21, 28, 29

and 34, Township 2 South, Range 79 West, 6th P.M. 48.1.1.2. Source: Blue River, tributary to Colorado River. 48.1.1.3. Amount:

154,645 acre feet. 48.1.1.4. Appropriation date: August 1, 1935. 48.1.1.5. 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. 48.1.1.6. Remarks:

West Divide has an interest in 200 acre feet of water from Green Mountain Reservoir pursuant to Contract Number 8-07-60-W0726,

dated October 21, 1998, between West Divide and the Bureau of Reclamation. West Divide may increase the amount of Green Mountain

Reservoir water under contract with the Bureau of Reclamation and may add any additional Green Mountain water to this plan for

augmentation. 48.2. Wolford Mountain Reservoir (f/k/a Gunsight Pass Reservoir), which has the following water rights. 48.2.1.Case

No. 87CW283, November 20, 1989. 48.2.1.1. Legal description: The dam is located in the SW ¼ NE ¼ of Section 25, Township 2

North, Range 81 West, 6th P.M. The intersection of the dam axis with the right abutment will occur at a point which bears West 54

54’ 20” E. a distance of 3,716.46 feet from the NW corner of Section 25. 48.2.1.2. Source: Muddy Creek and its tributaries. 48.2.1.3.

Amount: 59,993 acre-feet conditional; of this amount, 32,986 acre-feet were made absolute for piscatorial and recreational uses by

decree entered in Case No. 95CW251. 48.2.1.4. Appropriation date: December 14, 1987. 48.2.1.5. Uses: All beneficial uses, including

but not limited to domestic, municipal, agricultural, and recreational uses, which uses satisfy the requirements of the Windy Gap

Settlement made with the Municipal Subdistrict of the Northern Colorado Water Conservancy District; use to meet the water

requirements of the inhabitants of the River District for all uses, including uses in the Middle Park area; and use to meet the terms of a

lease agreement executed March 3, 1987 between the River District and the City and County of Denver. 48.2.2. Case No. 95CW281,

August 26, 1997. 48.2.2.1. Legal description: The dam is located in the SW ¼ NE ¼ of Section 25, Township 2 North, Range 81 West,

6th P.M. The as-built intersection of the dam axis (Sta. D19+35.61) with the West Access Road (Sta. WR50+55.05), as shown on the

River District, Wolford Mountain Project, Ritschard Dam construction drawing “Dimensional Dam Layout” sheet 8 of 94, occurs at a

point which bears South 53 24’ 56” E. a distance of 3,395.51 feet from the NW corner of Section 25; the bearing of the dam axis from

Sta. 19+35.61 to Sta. 0+00 being South 75 28' 29" E. 48.2.2.2. Source: Muddy Creek and its tributaries. 48.2.2.3. Amount: 6,000

acre-feet conditional. 48.2.2.4. Appropriation date: January 16, 1995. 48.2.2.5. Uses: All beneficial uses by and for the benefit of

the inhabitants of the River District, including but not limited to domestic, municipal, industrial, irrigation, agricultural, piscatorial, and

recreational; such uses will include environmental mitigation, including environmental mitigation requirements associated with the

Wolford Mountain Project. Such uses will be made directly or by substitution, augmentation, or exchange. None of the water stored in

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PAGE 38

the exercise of the right will be delivered directly or by exchange, substitution, or otherwise for use outside of Water Division 5. 48.2.3.

Case No. 98CW237, July 6, 2000. 48.2.3.1. Legal Description: Same as for Case No. 95CW281. 48.2.3.2. Source: Muddy Creek

and its tributaries. 48.2.3.3. Amount: 30,000 acre-feet, conditional, of which 15,895 acre-feet is absolute for recreational, piscatorial

and flood control uses. 48.2.3.4. Appropriation date: November 17, 1998. 48.2.3.5. Use: Certain of the beneficial uses previously

adjudicated for Wolford Mountain Reservoir in Case No. 87CW283, November 20, 1989, and Case No. 95CW281, August 26, 1997.

Case No. 87CW283: The reservoir will be used to satisfy the requirements of the Windy Gap Settlement made with the Municipal

Subdistrict of the Northern Colorado Water Conservancy District. This will involve all uses, including but not limited to domestic,

municipal, agricultural, and recreational uses. The reservoir will also be used to meet the water requirements of the inhabitants of the

River District for all uses, including uses in the Middle Park area. Case No. 95CW281: All beneficial uses by and for the benefit of the

inhabitants of the River District, including but not limited to domestic, municipal, industrial, irrigation, agricultural, piscatorial, and

recreational; the uses will include environmental mitigation, including environmental mitigation requirements associated with the

Wolford Mountain Reservoir Project; the uses will be made directly or by substitution, augmentation, or exchange. 48.2.3.6. Remarks:

The Refill Right will be exercised to provide supply for the Western Slope uses of water from Wolford Mountain Reservoir described

above, including flood control, other operational purposes, and environmental mitigation and enhancement for the benefit of uses within

the District. The Refill Right will not be used in conjunction with the Reservoir capacity (24,000 acre-feet) that is allocated for the

supply of water to the Denver Board of Water Commissioners under the River District’s contractual relationship with Denver, or the

Reservoir capacity (6,000 acre-feet) that is allocated for Colorado River endangered fish releases. 48.2.3.7. Additional Remarks: The

West Divide District holds a contract for 10 acre feet of Wolford Mountain Reservoir water pursuant to contract with the River District.

48.3. Ruedi Reservoir: The West Divide District has an interest in 600 acre feet of water from Ruedi Reservoir pursuant to Contracts

between the West Divide District and the United States, Bureau of Reclamation (“Reclamation”). By Water Service Agreement between

the West Divide District and the River District, the West Divide District has contracted for 100 acre feet of additional Ruedi Reservoir

water and further has obtained an option on another 900 acre feet of Ruedi Reservoir water. 48.3.1. Legal description: Ruedi Reservoir

is located in Sections 7, 8, 9, 11, and 14 through 18, Township 8 South, Range 84 West, 6 th 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, 6 th P.M. bears

North 82° 10’ W. a distance of 1,285 feet. 48.3.2. Source: Fryingpan River. 48.3.3. Civil Action 4613, June 20, 1958. 48.3.4.

Amount: 140,697.3 acre-feet, reduced to 102,369 acre-feet pursuant to order of the Court in Case No. W-789-76. The full amount was

made absolute in Case No. 88CW85. 48.3.5. Appropriation date: July 29, 1957. 48.3.6. Use: Domestic, municipal, irrigation,

industrial, generation of electrical energy, stock watering, and piscatorial. 48.3.7. Case No. 81CW34, April 8, 1985. 48.3.8. Amount:

101,280 acre-feet (refill); 44,509 acre-feet of which was made absolute in Case No. 95CW95, and 25,257 acre-feet of which was made

absolute in Case No. 01CW269, for a total of 69,766 acre-feet absolute. 48.3.9. Appropriation date: January 22, 1981. 48.3.10. Use:

Irrigation, domestic, municipal, generation of electrical energy, stock watering, industrial, piscatorial, recreation, and maintenance of

sufficient storage reserves to fulfill contractual obligations and provide stored water for recreation in times of drought. 49. Releases

from Applicants’ Ponds. The Applicants will release water from one or more of the following sources to replace out-of-priority

depletions on South Canyon Creek: 49.1. SRR Maintenance Pond, described at paragraph no. 40 above. 49.2. SRR Barn Pond,

described at paragraph no. 41 above. 49.3. SRR Lower V2 Pond, described at paragraph no. 42 above. 49.4. SRR Lower V5 Pond,

described at paragraph no. 43 above. 49.5. SRR Upper V5 Pond, described at paragraph no. 44 above. 50. Operation of Plan for

Augmentation. Total cumulative diversions from the Applicants’ water rights are estimated at 80.2 acre-feet, and the depletions

associated with the diversions are 69.2 acre-feet as shown on Exhibit C. 50.1. The total open surface area of all existing and proposed

ponds on the property is 8.6 acres. Exhibit B shows the location of the existing and proposed ponds. The average total annual

evaporation from the ponds is 25.8 acre-feet. If necessary, the ponds will be lined to prevent the interception of groundwater and will

not create delayed evaporation depletions. 50.2. All of the ponds are off-channel structures with the exception of the proposed SRR

Lower V5 Pond, which will be located in the channel of an unnamed tributary of South Canyon Creek. The average annual evaporation

rate is 3.36 feet (40.33 inches). The evaporation occurring from the SRR Lower V5 Pond can be reduced by the effective precipitation

since it is an on-channel structure. The effective precipitation is 12.08 inches and calculated as 70% of the average annual precipitation.

The total average annual evaporation from the 8.6 acres of pond surface area is 25.82 acre feet as shown on the attached Exhibit C. The

evaporation was calculated using the gross annual evaporation rate of 45 inches derived from the isopleths of shallow lake evaporation

for Colorado in the NOAA Technical Report NWS 33, Evaporation for the Contiguous 48 United States. The gross evaporation was

distributed monthly in accordance with the SB120 Guidelines for ponds above 6500 feet in elevation. Credit was only taken for effective

precipitation on the one on-channel pond and the ponds are assumed to be frozen from the end of November through the beginning of

March. The evaporation calculation is presented on the attached Exhibit D. 50.3. The irrigation consumptive use is estimated at 1.96

af/acre based on the Modified Blaney Criddle Method with the Pochop Altitude Adjustment for lawn and garden and 1.19 acre-feet/acre

for pasture grass as shown on Exhibit E. Average monthly temperature data were obtained from the National Oceanic and Atmospheric

Administration (“NOAA”) Glenwood Springs #2 weather station (Station ID USC00053359). The daily temperature data was adjusted

to account for the difference in elevation between the weather station and the irrigated fields. The adjustment assumed that for every

1,000 feet elevation change there is a 3.60 °F change in temperature. 50.4. The Applicant will irrigate up to 90 acres (88 acres pasture

and 2 acres lawn and garden) from April through June and from July through October will irrigate up to 10.0 acres. Exhibit B shows

the location of the potential irrigated area. The annual irrigation demand is estimated at 54.2 acre-feet and assuming an 80 percent

irrigation efficiency results in a consumptive use of 43.4 acre-feet per year. 50.5. Applicants propose to have overnight lodging on the

property. The overnight lodging consists of ten units with two people per unit. The water use assumed 35 gpd per person for access to

a bathroom with shower and a kitchen with three meals provided. Lodging will only occur during the months of June through October

JUNE 2020 RESUME

WATER DIVISION 5

PAGE 39

with full occupancy on the weekends and up to four units during the week. All of the facilities utilize a septic leach field system and

the water depletions are estimated at 10 percent of the water diversions. 50.6. The commercial demand is estimated at 0.19 acre-feet

per year and the commercial depletions are estimated at 0.02 acre-feet per year. 50.7. The out-of-priority depletions will be replaced

by releases from onsite ponds for a local call and by exchange with releases of contract storage water for a downstream Colorado River

call. 50.8. The primary source of a potential mainstem call on the Colorado River is the Cameo Call for irrigation and agricultural water

rights. During a dry year, the Cameo Call can go on call for 7 days in April, May, and November, 14 days in June, and all of July-

October. There has never been an administrative call on South Canyon Creek that affect the Applicants’ water rights. In the event of

an administered senior call on South Canyon Creek, Applicants will release water from one of their on-site replacement sources

described above to cover the out-of-priority depletions for the overnight lodging and up to 2 acres of lawn and landscape irrigation. For

purposes of this plan, it is assumed there is a potential for a future call during June through October of an extreme dry year. 50.9. When

there is a valid call on the mainstem of the Colorado River below its confluence with South Canyon Creek, out-of-priority depletions

will be replaced by exchange using releases from various CRWCD water rights. It is estimated that up to 44 acre-feet (including 10%

transit loss) of Colorado River water is required to replace out-of-priority depletions as shown on Exhibit C, Page 1. In the event of a

local senior call occurring on South Canyon Creek, Applicants will only divert water for the overnight lodging and up to 2 acres of lawn

and landscape irrigation. Pond releases will occur from the SRR ponds described above to cover the out-of-priority depletions as shown

on Exhibit C, Page 2. VI. SIXTH CLAIM: APPROPRIATIVE RIGHT OF EXCHANGE 51. Operation of Exchange. The Plan for

augmentation will operate by exchange for the Colorado River replacement water sources. The exchange reach extends from the

confluence of the Colorado River and South Canyon to the uppermost points of depletions of the Applicants’ water rights. 52. The

lower termini is described as follows: 52.1. Confluence of the Colorado River and South Canyon Creek, which is currently located in

the SW¼ NE ¼ of Section 2, Township 6 South, Range 90 West of the 6th P.M., at a point approximately 1,230 feet from the North

section line and 2,200 feet from the East section line of said Section 2. See Exhibit F. 53. The upper termini include: 53.1. SRR

Spring M in the NE ¼ of the SW ¼, Section 24, Township 6 South, Range 90 West, 6th P.M., at a point approximately 1350 feet from

the south section line and 1790 feet from the west section line of said Section 24, Garfield County, Colorado, based on the BLM digital

section lines. See Exhibit F. UTM Zone 13 NAD83 Coordinates: Easting 294,216.8 m Northing 4,376,341.4 m Source: GPS

Accuracy: 3 m 53.2. SRR Spring E located in the SW ¼ of the SE ¼, Section 24, Township 6 South, Range 90 West, 6th P.M., at a

point approximately 50 feet from the south section line and 2465 feet from the east section line of said Section 24, Garfield County,

Colorado, based on the BLM digital section lines. See Exhibit F. UTM Zone 13 NAD83 Coordinates: Easting 294,565.7 m Northing

4,375,959.9 m Source: GPS Accuracy: 3 m 54. Rate of exchange: up to 0.251 cfs 55. Amount of exchange: up to 43.8 acre-feet

per year 56. Date of appropriation: January 31, 2019 56.1. How appropriation was initiated: By field investigation, formation of

intent to appropriate water rights, and drafting of water court application 57. Uses: augmentation 58. Sources of supply for exchanges:

the sources of augmentation water are described in paragraphs 48 and 49 above. VII. SEVENTH CLAIM: INTEGRATED SYSTEM

59. Integrated system: The Applicants contemporaneously applied for water rights in Case Nos. 19CW3038 (Correction of Erroneously

Described Points of Diversion, decreed February 1, 2020), 19CW3039 (Absolute Surface and Storage Water Rights, decreed February

1, 2020), 19CW3040 (Conditional Surface and Storage Water Rights), 19CW3041 (New Junior Uses [Enlargement] of Decreed Water

Rights), and 19CW3042 (Plan for Augmentation and Exchange). The Applicants filed this Application to adjudicate additional water

rights as components of an integrated water supply system, which includes existing decreed water rights, to supply water for their South

Canyon Ranch, including irrigation, stock water, domestic and commercial uses. The system entails adjudicating the water rights

claimed in this case, as well as other surface and storage water rights on or tributary to South Canyon Creek, tributary to the Colorado

River. The structures and water rights in the cases described above constitute an integrated water supply system as defined by Denver

v. Northern Colo. Water Conservancy Dist., 276 P.2d 992 (Colo. 1955), because each structure and water right of the system has a direct

bearing on, and is necessary for the functioning of, the entire system. Therefore, work accomplished on one portion of this integrated

system may be considered evidence of reasonable diligence on the part of Applicants as to the other portions of the system. C.R.S. § 37-

92-301(4)(b). WHEREFORE, the Applicant prays this Court enter a decree: a) Granting the Plan for Augmentation and Appropriative

Rights of Exchange as applied for herein; and b) Granting such other and further relief as the Court deems proper. Total number of

pages in application is 37, including 6 exhibits.






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