division 5 water court- may 2017 resume 1. pursuant to … 201… · division 5 water court- may...

DIVISION 5 WATER COURT- MAY 2017 RESUME

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

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

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

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

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

17CW6 (08CW188) EAGLE COUNTY- SAVOY GULCH TRIBUTARY TO THE ROARING FORK RIVER TRIBUTARY

TO THE COLORADO RIVER. George & Janet Lapin; 1434 Hooks Spur Rd.; Basalt, CO 81621 (970)948-8325 and 2163 Lima

Loop PMB 130-196; Laredo, TX 78045 (970)948-4780. CG Ditch- Application for Finding of Reasonable Diligence. Location:

NE¼NE¼ of Sec. 9, T.8S, R.87W. of the 6th

P.M. 1,000 ft. from the east sec. line and 250 ft. from the north sec. line. Appropriation:

Aug. 16, 2004. Amount & Uses: 0.50 c.f.s., conditional, for irrigation including temporary storage within an irrigation control

structure; 0.15 c.f.s., conditional, for the filling of the Lapin Pond, as described in Case No. 09CW170, for subsequent aesthetic,

piscatorial, wildlife watering, fire protection, recreation, and stock watering uses. An outline of work performed during the diligence

period is included in the application.

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

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

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

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

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

81601.






17CW3111-EAGLE COUNTY-APPLICATION FOR CHANGE OF WATER RIGHTS. Applicant George H. Daniels, II, c/o The Sloan

Law Firm, PLLC, 76 S. Main St., Ste. 1, Moab, UT 84532. Decreed Water Right (“WR”) for which Change is Sought/Name of

Structure: Underground WR for Daniels Well, Storage WR for Daniels Pond, and Aug. Plan for said WRs. Date of original and all

relevant subsequent decrees: 02/05/1996. Case No. 93CW289. Ct.: Water Ct., Div. 5. Legal Descrip. of Structure as Described in

Most Recent Decree: Daniels Well: Infiltration gallery on S. bank of Eagle R., located in SE¼NE¼, Sec. 3, T5SR85W, 6PM, at a pt.

1,580ft. S of N sec. line and 750ft. W of E sec. line, Sec. 3. Daniels Pond: SE¼NE¼, Sec. 3, T5SR85W, 6PM, at a point 750ft. W of

E Sec. line and 2,000ft. S of N Sec. line. Exhibit A, Map on file with Ct. Decreed Source of Water: Daniels Well: shallow alluvial

formation which is hydraulically connected to Eagle R., which is tributary to Colorado R. Daniels Pond: Daniels Well. Appropriation

Date: 04/27/1994. Total Amt. Decreed to Structure: Daniels Well: 100 gpm (0.22 cfs), absolute. Daniels Pond: 6.0 AF, absolute, with

a fill right of 100 gpm (0.22 cfs), absolute, which Applicant may fill, refill, and continuously fill. Decreed Use or Uses: Daniels Well:

Commercial/domestic use for 38 EQRs; Irrig. of 7 acres; and storage in Daniels Pond. Daniels Pond: Commercial/domestic,

irrigation, augmentation replacement, aesthetic, and fire protection purposes. Amt. of Water that Applicant Intends to Change:

Applicant wishes to add to the Aug. Plan an additional pt. of diversion, from which he can alternatively divert all 100 gpm (0.22 cfs),

absolute, as needed, when the shallow alluvial in Eagle R., from which Daniels Well diverts, is frozen. Complete Statement of Change:

Applicant irrigates approximately 7 acres of landscaping and nursery stock on his property in SE¼NE¼, Sec. 3, T5SR85W, 6PM;

serves 38 EQRs; and provides for out-of-priority evaporation from the Daniels Pond, which is also used for augmentation, aesthetic,

and fire protection purposes. Applicant wishes to amend Aug. Plan to allow all absolute underground water right to be diverted for

decreed beneficial uses from either of two points of diversion, Daniels Well or Daniels Well 2. Exhibit B, Well Permit No. 178086 for

Daniels Well 2 is on file with the Ct. Prior to diverting water for non-exempt uses from Daniels Well 2, Applicant will obtain a

general purpose Well Permit. Daniels Well and Daniels Pond are augmented with long-term Contract for 22 AF with BOR for release

of water from Grn Mtn Res. BOR Contract is not contingent on specified pt. of diversion and need not be amended. Change will not

affect historic consumptive use of existing water rights or Aug. Plan, as it does not change place or type of use, or return flow pattern.

Exhibit D, Summary of Historical Diversions is on file with the Ct. Description of WRs to be Changed/Name of Structure: Daniels

Well 2. Location of Structure: SE¼N¼, Sec. 3, T5SR85W, 6PM, at a pt. 1,500ft. from N Sec. line and 1200ft. from E Sec. line, Sec.

3. Source of PLSS Information: Exhibit E, Well Construction Report is on file with the Ct. Street Address: 160 GH Blvd., Gypsum,

CO 81637. Subdivision: GH Daniels Subdivision. Lot: 1. Block: N/A. Source: Underground water connected to Eagle R., which is

tributary to CO R. Depth: 93ft. Approp. Date: Date of Change Application. Amt: 100 gpm (0.22 cfs), absolute. Beneficial Use:

Commercial/domestic use for 38 EQRs; Irrig. of 7 acres; and Storage in Daniels Pond. Purpose of Change: Applicant desires to add

alt. pt. of diversion to his Aug. Plan that allows diversion of full absolute underground WR from Daniels Well or Daniels Well 2.

Name and address of owner of land where the division is located: Applicant.





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WATER DIVISION 5 PAGE 2


81601.






17CW3112 GRAND COUNTY, COLORADO RIVER. Applicant: Boyce J. Holland Estate, 1350 College Avenue, Suite 100,

Boulder, CO 80302, 303-938-8592, Stanley W. Cazier, Cazier & McGowan, P.O. Box 500, Granby, CO, 80446, (970) 887-3376.

APPLICATION FOR FINDING OF REASONABLE DILIGENCE FOR EXCHANGE. Structure: Aspen Pine Estates Wells No.

1 - 13. Source: Alluvium of sand, gravel and other materials hydraulically connected to Colorado River. Source of Exchange Water:

Water Allotment Contract with Middle Park Water Conservancy District for the water right to an annual entitlement of 1.0 af from

Windy Gap water supply stored in Granby Reservoir. Location: The Applicant’s wells will be located within the boundaries of the

Applicant’s property, consisting of 69 acres in W1/2NW1/4 Section 25, T4N, R76W, 6th P.M. in Grand County, Colorado. Use: In-

house and irrigation. Type of Structure: Wells. Quantity: 15 gpm each well, 1.0 af of depletions. Date of Original Decree: March 28,

1997. Case No. 96CW276. Court: Water Division No. 5. Appropriation Date for Exchange: October 9, 1996. The application contains

a detailed outline of the work performed during the diligence period. (35 pages)






81601.






17CW3113 - GRAND COUNTY - FRASER RIVER. Richard Finlon and Cathey Finlon, 38 Polo Club Circle, Denver, CO 80209-

3308, 303-733-5841, c/o Stanley W. Cazier, Cazier & McGowan, PO Box 500, Granby, CO 80446 (970) 887-3376. APPLICATION

FOR ABSOL`UTE UNDERGROUND WATER RIGHT AND ABSOLUTE WATER RIGHT FOR AUGMENTATION PLAN

INCLUDING EXCHANGE AND FINDING OF DILIGENCE. Name of Structure: Moose Exemption Well No. 1. Source: Well,

ground water from unconsolidated sand, gravel, and from bedrock formations, hydraulically connected to Ranch Creek, Fraser River

and Colorado River. Source of Exchange Water: Wolford Mountain Reservoir. Exchange Reach: From well location, Fraser River to

confluence with Colorado River and Muddy Creek confluence. Location: The well is located in SW1/4NE1/4 of Sec. 16, T1S, R75W,

6th

P.M., Grand County, Colorado as follows: 2350 feet from North section line and 1190 feet from East section line. Depth: 225 feet.

Use: Household for one single family dwelling, 200 square feet outside irrigation, and livestock. Type of Structure: Well. Quantity:

Up to 15 gpm , 0.2 acre feet of depletions. Appropriation Date: 02/07/2002. Decree: 11//03/2003, Case No. 02CW53, for

augmentation/ exchange, 05/10/2011, Case No. 09CW164 for well, Water Division No. 5. Additional Information: The original

application was for augmentation including exchange to well involving Wolford Mountain Reservoir under a contract with Middle

Park Water Conservancy District. The application contains a detailed outline of the work performed during the diligence period. (19

pages)






81601.




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.

17CW3114 SUMMIT COUNTY, Application to Make Absolute in Part and for a Finding of Reasonable Diligence. 1. The name

and address of the Applicant: Town of Silverthorne, c/o Town Administrator, P. O. Box 1309, Silverthorne, Colorado 80498. 2.

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Describe Conditional Right of Exchange, Including Location of Structures and Exchange Reach: Pursuant to sections 37-80-120, 37-

83-104 & 37-92-302(1)(a), C.R.S., Applicant previously adjudicated conditional appropriative rights of exchange whereby water in

storage that is available to the Applicant is delivered to the Blue River in order to supply downstream appropriators, and an equivalent

amount of water is diverted at the headgate of the Dillon Ditch on Salt Lick Gulch, tributary to the Blue River, for storage in Old

Dillon Reservoir, as more fully described herein. Applicant now seeks to make that conditional right absolute in part. 2.1 Upstream

terminus: The upstream terminus of the Exchange is the point of diversion for the Dillon Ditch, located on the south bank of Salt Lick

Gulch at a point whence the SE corner of Section 14, T.5 S, R.78 W of the 6th P.M. bears South 81°58' East 1832 feet; also described

as a point located in the SW¼SE¼ of Section 14, T.5 S, R.78 W of the 6th

P.M., approximately 260 feet from the South section line

and 1,910 feet from the East section line of said Section 14. The exchanged water diverted at the Dillon Ditch headgate will be stored

in Old Dillon Reservoir, located in the SW¼SE¼ and SE¼SW¼ of Section 13, T.5 S., R.78 W. of the 6th

P.M., in Summit County,

Colorado. 2.2 Downstream terminus: The downstream terminus of the Exchange is the confluence of Salt Lick Gulch and the Blue

River, in the SW¼SE¼ of Section 12, T.5 S, R.78 W of the 6th P.M., Summit County, Colorado, at a point approximately 995 feet

from the south line and 2,305 feet from the east line of said Section 12. 2.3. Sources of water for exchange: Water and water rights

used for the Exchanges are from two sources: 2.3.1 Water stored in Clinton Gulch Reservoir (a/k/a Clinton Reservoir), pursuant to

Applicant's shares in the Clinton Ditch & Reservoir Company. The water right for Clinton Reservoir was initially decreed by the

District Court in and for Water Division No. 5 in Case No. W-2559 for 4,250 acre-feet for industrial, domestic, irrigation, recreation,

and fish and wildlife propagation uses. An additional water right for Clinton Reservoir was subsequently decreed in Case No.

92CW65 for an enlarged use and second filling for domestic, municipal, irrigation, industrial, snowmaking, recreation, fish and

wildlife propagation, and augmentation purposes. Clinton Gulch Reservoir is operated pursuant to and entitled to the benefits of the

Clinton Reservoir-Fraser River Water Agreement dated July 21, 1992 (“Clinton Agreement”) between Silverthorne, the City and

County of Denver, acting by and through its Board of Water Commissioners (“Denver”), and other parties. The source of Clinton

Gulch Reservoir is Clinton Creek, tributary to Ten Mile Creek, a tributary of the Blue River, and the dam is located at a point in the

SW¼NW¼ of Section 25, T.7 S, R.79 W, 6th

P.M., at a point whence the North quarter corner of said Section 25 bears N. 33° 51 '50"

E 2840.44 feet. As the owner of 550 shares of stock in the Clinton Ditch & Reservoir Company, Silverthorne is entitled to the annual

release of 55 acre-feet of water from Clinton Gulch Reservoir. 2.3.2. Water stored in Dillon Reservoir, to which the Applicant is

entitled pursuant to an agreement dated September 18, 1985 between Summit County and Denver, as amended. The water rights for

Dillon Reservoir were decreed by the District Court of Summit County, Water District No. 36, in Civil Action Nos. 1805 and 1806,

dated March 10, 1952, and confirmed by the United States District Court for the District of Colorado in Consolidated Case Nos. 2782,

5016 and 5017, dated October 12, 1955, in the amount of 252,678 acre-feet for irrigation and municipal uses, including domestic use,

mechanical use, manufacturing use, fire protection, street sprinkling, watering of parks, lawns and grounds. The sources of water

stored in Dillon Reservoir are the Blue River, the Snake River, and Ten Mile Creek, all tributaries of the Colorado River. A refill right

for Dillon Reservoir was adjudicated in Case No. 87CW376, District Court in and for Water Division No. 5, dated February 13, 1997,

in the amount of 175,000 acre-feet for all municipal uses, including domestic use, mechanical use, manufacturing use, fire protection,

street sprinkling, watering of parks, lawns and grounds, and flood control. Subject to the terms of the September 18, 1985 agreement

between Summit County and Denver, as the same may, from time to time, be amended, Applicant is entitled to the release of 300 acre-

feet from Dillon Reservoir. Water will not be released from Dillon Reservoir unless the required replacement water has been provided

to Denver Water in accordance with the terms of the said agreement. 2.4. Source of water: Salt Lick Gulch, a/k/a Salt Lick Creek.

2.5. Priority and Appropriation date: Other persons previously filed applications for water rights and conditional water rights

involving the same source of water and derived from the same point of diversion from the same stream. Those applications were filed

in the preceding year by different applicants in Case Nos. 07CW226 (Summit County Board of County Commissioners); and

07CW232 (Town of Dillon). Contemporaneously with the filing of the application in 08CW16, Applicant filed timely Statements of

Opposition to each of said prior applications. The application in this Case No. 08CW16 was also filed within 60 days of the earliest of

said prior applications (Case No. 07CW226 was filed on December 26, 2007; Case No. 07CW232 having been filed on December 27,

2007). Therefore, Applicant claimed, and the Court found, that the filing of the application in Case No. 08CW16 case related back to

December 26, 2007, for the purpose of determining its priority date, all as provided for by sections 37-92-306, and 306.1, C.R.S. The

Exchange decreed herein shall have an appropriation date of December 11, 2007. 2.6. Amount: 8 c.f.s., (CONDITIONAL), with a

total volumetric limit on the exchange of 355 acre-feet per year from all sources, (CONDITIONAL). 2.7. Uses: The water diverted

by exchange will be used for municipal, domestic, commercial, irrigation, augmentation, replacement, exchange, recreation,

piscatorial, wildlife watering, with the right use such water to extinction. Use of the water right decreed herein for augmentation shall

only occur pursuant to a substitute supply plan approved by the State Engineer or a plan for augmentation approved by the Water

Court. All uses of the water exchanged pursuant to the Exchange decreed herein shall occur below Dillon Dam. 3. Terms and

conditions. Applicant’s operation of the Exchange is subject to the following additional terms and conditions: 3.1. Live stream. The

Exchange may be operated only when there is a live surface stream within the entire applicable exchange reach; provided, however,

that the Exchange decreed herein can call out any diversions junior to such exchange to maintain a live stream. 3.2. Amount of

exchange/transmission losses. The amount of water diverted by exchange by Applicant shall be equal to the amount of water released

for replacement, less a reasonable deduction for loss, if any there be, to be determined by the State Engineer pursuant to section 37-83-

104, C.R.S. The Exchange is limited to the amount of consumable water available from the sources listed in Paragraphs 2.1-7.4, not

to exceed 8 c.f.s. at any time, up to 355 acre-feet annually. 3.3. Water quality. The replacement water shall be of a quality and

MAY 2017 RESUME


continuity to meet the requirements of use to which the senior appropriation involved in the exchange has normally been put. 4.

Provide a Detailed Outline of What Has Been Done Toward Completion or for Completion of the Appropriation and Application of

Water to a Beneficial Use as Conditionally Decreed, Including Expenditures: Old Dillon Reservoir is, in part, a part of an integrated

system for supplying water demands within the Town of Silverthorne’s service area. The following is a summary of specific projects

and work undertaken during the diligence period (from May, 2011 through May, 2017) in furtherance of the development of this

conditional water right. This list is not intended to be fully inclusive and may be supplemented by additional evidence at any hearing

in this matter. Applicant, individually and through the Old Dillon Reservoir Water Authority, of which the Applicant is a member,

and pursuant to Agreement dated May 12, 2010, completed the design, permitting and construction of Old Dillon Reservoir and has

operated the Reservoir to store and release its respective interests in the water rights adjudicated thereto, including by exchange under

the conditional water rights decreed in Case No. 08CW16. During the diligence period, the Old Dillon Reservoir Water Authority

expended $5,104,469 on construction labor and materials and engineering and construction services and $278,113 in operating costs,

including engineering, legal, accounting, testing, monitoring, maintenance, and other activities. Applicant also individually incurred

substantial costs in connection with the Reservoir project, including without limitation, time spent by staff, attorneys, and engineers.

Old Dillon Reservoir is fully operational and provides the Applicant with a source of water for direct use as well as replacement and

exchange for upstream storage and depletions. The Old Dillon Reservoir Water Authority developed administration and accounting

protocols for the operation of the Reservoir and has provided regular accounting reports to the Division Engineer for Water Division

No. 5 and the U.S. Bureau of Reclamation. The Applicant operated the exchange decreed in Case No. 08CW16. Further, over the

diligence period Applicant has incurred at least $59,695 in legal, engineering and consulting expenses related to the Town’s municipal

supply of water, approximately $900,000 in expenses for the operation and maintenance of the Town’s municipal supply system and

approximately $1,861,000 in expenses related to the acquisition and improvement of the Town’s municipal water supply. 5. Request

to Make Absolute: Applicant requests 4.55 c.f.s. of the 8.0 c.f.s. conditionally decreed be made absolute. Applicant further requests

37.2 acre-feet of the 55 acre-feet conditionally decreed under Applicant’s Clinton Ditch & Reservoir Company shares be made

absolute. On June 23, 2016, the exchange reached its maximum exchange of 4.55 c.f.s. during the diligence period. During

administrative year 2016, Applicant stored 37.2 acre-feet in Old Dillon Reservoir under the Clinton Reservoir conditional exchange.

Accounting documenting these amounts are on file with the Division of Water Resources. 6. Request for finding of reasonable

diligence: Applicant requests a finding that it has exercised reasonable diligence in the development of the remaining 3.45 c.f.s. and

17.8 acre-feet conditional water right awarded under the previous decree based on Applicant’s Clinton Ditch & Reservoir Company

shares and 300 acre-feet from Dillon Reservoir and that the work and expenditures described in the Application constitutes reasonable

diligence in the development of this conditional water right. In the alternative, Applicant requests a finding of reasonable diligence as

to the entirely of the conditional water previously decreed and continuation of diligence. 7. Names and Addresses of Land Owners :

United States Department of Agriculture, Forest Service, C/o District Ranger, Dillon Ranger District, P.O. Box 620, Silverthorne, CO

80498-0620.






81601.






17CW3115 EAGLE COUNTY. RED CREEK, TRIB. OF GYPSUM CREEK, TRIB. OF EAGLE RIVER. Application for

Change of Cond. Water Right. Applicants: Barbara F. and Richard E. Wenninger, c/o Balcomb & Green, P.C., P.O. Drawer 790,

Glenwood Springs, CO 81602; 970-945-6546. Summary: This Application requests a change of the Red Creek Pond No. 2 cond.

water right from the decreed location to the actual location. Description of Water Right to be Changed: Red Creek Pond No. 2.

Decree Information: Case No. 06CW245, Water Div. 5; diligence last decreed in Case No. 16CW3042, Water Div. 5. Decreed

Location: Sec. 32, T. 6 S., R. 84 W., 6th

P.M., 1,950 ft. from the S. Sec. line and 1,350 ft. from the E. Sec. line. Source: Red Creek,

trib. of Gypsum Creek, trib. of Eagle River. The Red Creek Pond No. 2 is an off-channel pond filled from the Red Creek Ditch No. 1.

As decreed in Case No. 06CW245, Water Div. 5, the pt. of diversion for the ditch is located in Sec. 32, T. 6 S., R. 84 W., 6th P.M., at

a pt. 50 ft. from the S. Sec. line and 2,550 ft. from the E. Sec. line of said Sec. 32; UTM Northing 4371940.61 meters, Easting

341712.74 meters. Date of Approp.: 12/8/2006. Amt: 0.5 AF, cond. Surface Area: 0.5 acres. Dam Height: 10 ft. Dam Length: 30 ft.

Uses: Livestock and wildlife watering, fire protection, pisc., aug. and irr. of 40 acres around said ponds, with the right to fill and refill

in priority. Remarks: The decreed location of Red Creek Pond No. 2 was discovered to be different from the actually-constructed

location during the processing of Applicants’ Case No. 16CW3042. Both Red Creek Pond No. 2 and the Red Creek Ditch No. 1 are

existing facilities that have been operated and used. The direct flow right for Red Creek Ditch No. 1 was made substantially absolute

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in Case No. 16CW3042. Change of Water Right Requested: To change the decreed location of Red Creek Pond No. 2 to the actual

location, which is more than 200 ft. from the decreed location. The actual location is in the NE1/4 SE1/4 of Sec. 32, T. 6 S., R. 84 W.,

6th P.M., 1,344 ft. from the S. Sec. line and 1,525 ft. from the E. Sec. line; UTM Northing 4372329.00 meters; UTM Easting

342041.56 meters as depicted in Exhibit A. To recognize operation of Red Creek Pond No. 2 at its changed location under the plan

for augmentation decreed in Case No. 06CW245, Water Div. 5. Red Creek Pond No. 2 and the place of use of that right are located on

the Applicants’ property. 5 pgs.






81601.






17CW3116 MESA COUNTY, COLORADO. SPRING TRIB. TO HORSE GULCH TRIB. TO BUZZARD CREEK,

TRIBUTARY TO PLATEAU CREEK, TRIB. TO THE COLORADO RIVER. Application for Surface Water Rights. Applicant:

Eric Bruton, c/o Sara M. Dunn, Esq., Balcomb & Green, P.C., Post Office Drawer 790, Glenwood Springs, CO 81602, 970-928-3467.

Structure: Corral Spring. Legal: SW1/4 SE1/4 Sec. 19, T.9S., R.93W., 6th P.M. 1980 ft. from the E. Sec. Line and 387 ft. from S. Sec.

Line, UTM X:257610 Y:4348992. Amnt.: 3.0 gpm, absolute. Use: Irrigation of 5 acres of lawn and garden in Sec. 19, T.9S., R.93W.,

6th

P.M., domestic, stock and wildlife watering. Approp. Date: 4/30/1955. Date water applied to beneficial use: 4/30/1955. Structure:

Salt Box Spring. Legal: NE1/4 SE1/4 Sec. 30, T.9S., R.93W., 6th P.M. 1033 from E. Sec. Line and 1622 from S. Sec. Line, UTM

X:257860 Y:4347747. Amnt.: 5 gpm, absolute. Use: supplemental irrigation of 200 acres in Sec. 19 and 30, T.9S., R.93W., 6th

P.M.,

stock and wildlife watering. Approp. Date: 7/1/1955. Date water applied to beneficial use: 7/1/1955. Structure: Cabin Spring. Legal:

SW1/4 NW1/4 Sec. 30, T.9S., R.93W., 6th P.M. 1008 from W. Sec. Line and 2602 from S. Sec. Line, UTM X:256887 Y:4348088.

Amnt. claimed: 1.5 gpm, absolute. Use: Stock and wildlife watering purposes. Appropriation Date: 7/1/1955. Date water applied to

beneficial use: 7/1/1955. Structure: Upper Corral Spring. Legal: SW1/4 SE1/4 Sec. 19, T.9S., R.93W., 6th P.M. 1482 ft. from E. Sec.

Line and 205 from S. Sec. Line, UTM X:257753 Y:4348924. Amnt: Approx. 5 gpm, absolute. Use: supplemental irrigation of 40

acres in Sec. 19 and 30, T.9S., R.93W., 6th

P.M., stock and wildlife watering. Approp. Date: 7/1/1955. Date water applied to beneficial

use: 7/1/1955. Name and address of owner or reputed owner of the land upon which any new diversion or storage structure, or

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

any modification to the existing storage pool. Applicant. (5 Pgs, 2 Ex.)






81601.






17CW3117 EAGLE COUNTY; Application for Findings of Reasonable Diligence; Applicant: Kevin Darrell Cooter, please direct

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

Springs, CO 81601, (970) 947-1936, [email protected]; Applicant requests a finding of reasonable diligence with regard

to the water right decreed to: Cooter Pump No. 2. Date of original decree: March 29, 2004 Case No. 99CW175 in the District Court

in and for Water Division No. 5. Subsequent decrees awarding findings of diligence: Case No. 10CW61 in the District Court in and

for Water Division No. 5. Legal description of decreed location: NW ¼ of the SE ¼ of Section 1, Township 2 South, Range 84 West

of the 6th

P.M., 1600 feet from the South section line and 1200 feet from the East section line, Eagle County. The street address is

34185 Colorado River Road, McCoy, Colorado 80463; the property upon which the water right is located is described as Lot 2A of the

Kirby Exemption, recorded at Reception No. 870940 of the Eagle County real property records. Source: Colorado River.

Appropriation Date: June 25, 1999. Amount: 0.5 cfs, conditional. Uses: Domestic (per augmentation plan decreed in Case No.

99CW175), irrigation of 10 acres immediately north of the point of diversion described above, livestock watering and fire protection.

mailto:[email protected]

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Date applied to beneficial use: May 2004 for 150 g.p.m. (0.33 c.f.s.) for all purposes. Owner of land upon which structure and place

of use are located: Applicant. The Application includes a detailed description of the work performed during the diligence period

toward the application to beneficial use of the remaining 0.17 c.f.s. decreed to the Cooter Pump No. 2 for all purposes. (4 pages)






81601.






17CW3118(10CW254, 89CW132) DISTRICT COURT, WATER DIVISION NO. 5, COLORADO, STATE OF COLORADO. Garfield County Courthouse,109 8th Street, Suite 104, Glenwood Springs, CO 81601. IN THE MATTER OF THE APPLICATION

FOR WATER RIGHTS OF AMERICAN GYPSUM COMPANY LLC, IN EAGLE COUNTY, COLORADO. APPLICATION FOR

FINDING OF REASONABLE DILIGENCE. 1. Name, address and telephone number of applicant: American Gypsum Company

LLC, P.O. 980, 740 Highway 6, Gypsum, Colorado 81637, (970)524-9700. Direct all pleadings to: Michael F. Browning, Porzak

Browning & Bushong LLP, 2120 13th

Street, Boulder, Colorado 80302. 2. Name of structure: Eagle Gypsum Exchange. 3.

Description of conditional water right: (a) Decree: Decreed by the District Court in and for Water Division No. 5 in Case

No. 89CW132 on July 13, 1990. By decree of the District Court in and for Water Division No. 5 in Case Nos. 91CW109 and

02CW391 additional structures were added as additional points of exchange. Previous diligence decrees have been entered in Case

Nos. 96CW321, 04CW074, and 10CW254. (b) Decreed location: The exchange is from the confluence of the Eagle River and

Colorado River up the Eagle River to the following structures: Eagle Gypsum Gallery Nos. 1 and 2 (89CW132), Eagle Gypsum

Reservoir No. 1 (89CW132), Eagle Gypsum Well Nos. 1, 2 and 3 (91CW109), Well F, (02CW391), American Gypsum Well Field

(02CW391) and the Eagle River Intakes (02CW391). These structures are located in the NE/4NW/4 and NW/4NE/4 of Section 5, T. 5

S., R. 85 W. of the 6th P.M. A map depicting the exchange reach is attached hereto as Exhibit A. (c) Source: Eagle River, a tributary

of the Colorado River. (d) Appropriation date: May 17, 1989. (e) Amount: 1 cfs with an annual limit of 270 acre feet. Of this

amount, 0.835 cfs was made absolute by decree dated September 9, 1998 entered in Case No. 98CW024, with 0.165 cfs remaining

conditional. (f) Use: Exchange to facilitate industrial, landscape irrigation, recreational, piscatorial and augmentation uses of the

structures exchanged to. 4. Detailed outline of work done to complete project and apply water to beneficial use: Applicant has

undertaken the following specific activities within in the last six years that demonstrate its diligence with regard to the subject

conditional right of exchange: (a) The “exchange to” points for the subject exchange include Eagle Gypsum Well Nos. 1, 2 and 3, per

the decree entered in Case No. 02CW391. Each such well was decreed for 1 cfs, with a combined instantaneous diversion rate of 1 cfs.

In Case No. 12CW149, Applicant sought and obtained findings of reasonable diligence with respect to the pumping rates for these

wells that remained conditional. (b) The “exchange to” points for the subject exchange include Well F, the American Gypsum Well

Field, and the Eagle River Intake Nos. 1 and 2, per the decree entered in Case No. 02CW391. In Case No. 11CW58, Applicant sought

and obtained a decree making portions of the conditional water rights decreed to these structures absolute, and a finding of diligence

with respect to their remaining conditional amounts. (c) Applicant continues to operate and improve the water supply system of which

the exchange is an integral feature. Such work has included the installation of water level monitoring equipment in all of Applicant’s

wells, installation of hour meters of each of the wells, installing a master meter to measure total pumping from the well, obtaining a

replacement well permit for and drilling a replacement well for Well No. 3, drilling Well No. 3R, acidizing two of the wells to

improve production, installing a new pump in Well No. 3R, and adopting a monthly accounting protocol to measure each well

individually and the total diversions from the wells. (d) Applicant has maintained in full force and effect contracts for 270 acre feet of

water from Green Mountain Reservoir and Wolford Mountain Reservoir, which water drives the exchange. (e) Applicant has also

actively participated as an objector in other water court cases that could adversely affect its water rights, including those pending as

Case Nos. 11CW201 and 14CW3167. 5. Ownership. Applicant owns all of the structures to which water will be exchanged, and has

current contracts/leases for the water to be exchanged. WHEREFORE, Applicant requests that the Court enter a decree finding of

reasonable diligence with respect to the amount of the subject appropriative right of exchange that remains conditional. (4 pages +

exhibit)






81601.

MAY 2017 RESUME






appear to object and protest within the time provided by statute, or be forever barred. 17CW3119 (10CW251) MESA COUNTY, COLORADO RIVER, Clifton Sanitation District c/o Brian Woods, Manager, 3217 D.

Road, Clifton, CO 81520, [email protected] 970-434-7328, c/o Kirsten M. Kurath, Williams, Turner & Holmes, PC, 744

Horizon Ct., Ste. 115, Grand Junction, CO 81506, 970-242-6262, Application for Finding of Reasonable Diligence, Structure: The

original water right was decreed as the Clifton Sanitation District #2 East Discharge and the Clifton Sanitation District #2 West

Discharge. In Case No. 08CW133, District Court, Water Division No. 5, these points of diversion were changed to a single structure

known as the CRWWTP Diversion Point. Original Decree: January 7, 1997, Case No. 96CW67, District Court, Water Div. No. 5.;

Subsequent Diligence Decrees: October 29, 2004, Case No. 02CW372, District Court, Water Div. 5; and May 10, 2011, Case No.

10CW251 District Court, Water Div. 5; Subsequent Change Decree: October 11, 2010, Case No. 08CW133, District Court, Water

Division 5, wherein the Clifton Sanitation District #2 East Discharge and Clifton Sanitation District #2 West Discharge were changed

to a single point of diversion, the CRWWTP Diversion Point, and the place of use and uses of the water right were changed. Location

of CRWWTP Diversion Point: The point of diversion is the point at which waste water is released from the Clifton Regional Waste

Water Treatment Plant (“CRWWTP”) after it has been treated, which point is located in the NW1/4NW1/4 of Section 23, Township 1

South, Range 1 East, Ute Meridian, approximately 1,194 feet south of the North Section Line and 1,140 feet east of the West Section

Line of said Section 23. The approximate location of the CRWWTP Diversion Point is shown on Figure 1 of the Application; Source:

Treated water discharge of the CRWWTP, tributary to the Colorado River; Date of App.: January 7, 1997; Amount: 1.9687 c.f.s.,

conditional. Note that 0.8913 c.f.s. was decreed absolute in Case No. 10CW251; Uses: Irrigation; fire protection; dust control through

application to the dirt roads and air drying pads located at the Applicant’s facility; wetlands creation and wildlife habitat; and

mechanical plant needs, including without limitation, use as or for wash down water, seal water and other processing purposes, at the

CRWWTP. Figure 1 shows the approximate place of use for the water at the CRWWTP. Finding of Reasonable Diligence: The

Application contains a detailed outline of what has been done toward completion of the appropriation of the remaining conditional

portion of the CRWWTP Diversion Point water right during this diligence period, including expenditures. Name and Address of

Landowners: Applicant. Applicant requests that the Court enter an order finding that the Applicant has been reasonably diligent in the

development of the remaining conditional portion of the CRWWTP Diversion Point water right and continuing the conditional portion

of the water right in full force and effect. (6 pages)






81601.






17CW3120 (10CW243)(03CW245). DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO, 109 8th

Street,

Suite 104, Glenwood Springs, Colorado 81601. IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF VAIL

SUMMIT RESORTS, INC., IN SUMMIT COUNTY, COLORADO. APPLICATION FOR FINDING OF REASONABLE

DILIGENCE AND TO MAKE WATER RIGHT ABSOLUTE. 1. Name, Address, and Telephone Number of Applicant: Vail Summit

Resorts, Inc., c/o General Counsel, 390 Interlocken Crescent, Suite 1000, Broomfield, CO 80021. Direct all pleadings to: Glenn E.

Porzak, Corina A. Hach, Porzak Browning & Bushong LLP, 2120 13th

Street, Boulder, CO 80302. 2. Name of Structures (a) Vistahaus

Well No. 1 (b) Vistahaus Well No. 2 (c) Peak 9 Collection Gallery (d) Peak 10 Well No. 1 (e) Peak 10 Well No. 2 (f) A-2 Well No. 1

(g) A-2 Well No. 2 (h) A-2 Collection Gallery (i) Breckenridge Ski Area Pumping Plant and Pipeline. 3. Description of the

Conditional Water Rights (“Subject Water Rights”). The following water rights were decreed by the District Court in and for Water

Division No. 5, State of Colorado (the “Water Court”) on February 7, 1990, in Consolidated Case Nos. 81CW3, 85CW132,

86CW152, and 87CW390 (the “Consolidated Cases”). For all the following water rights, the distances from section lines and UTM

coordinates were determined with GIS, using spatial data available from Colorado’s Decision Support Systems (“CDSS”) whenever

available. Previous cases finding diligence include Case Nos. 96CW046, 03CW245, and 10CW243. Changes were made in Water

Court Case Nos. 92CW294, 03CW233, and 15CW3102. The water rights are operated under the augmentation plans decreed in the

Consolidated Cases and Case No. 92CW294, as amended in pending Case No. 16CW3144. (a) Vistahaus Well No. 1. (i) Decreed

Location: SW¼ of the NW¼ of the unsurveyed Section 2 of Township 7 South, Range 78 West of the 6th

P.M., whence the SW


MAY 2017 RESUME


Corner of Section 36 of Township 6 South, Range 78 West bears north 57º 24’ east at a distance of 4,901 feet. The foregoing point

can alternately be described as the: NW¼ of the SW¼ of the unsurveyed Section 2, Township 7 South, Range 78 West of the 6th

P.M.,

Summit County, Colorado, at a point 2,640 feet from the North section line and 4,130 feet from the East section line of said Section.

The UTM coordinates for the point are NAD83, Zone 13, Easting: 406792.59, Northing: 4369558.17. See Exhibit A. (ii) Permit No.:

35079-F. (iii) Source: Groundwater tributary to the Blue River, which is tributary to the Colorado River. (iv) Depth: 200 feet,

estimated. (v) Appropriation Date: December 31, 1982. (vi) Amount: Total of 0.1 cfs. Of that amount, 0.022 cfs was made

absolute in Case No. 97CW046; 0.078 cfs remain conditional. The total annual volumetric limitation is 2.5 acre-feet. (vii) Uses:

Municipal, domestic, and all other beneficial uses associated with the operation of the restaurant facilities. (b) Vistahaus Well No. 2 (i)

Decreed Location: SW¼ of the NW¼ of the unsurveyed Section 2 of Township 7 South, Range 78 West of the 6th

P.M., whence the

SW Corner of Section 36 of Township 6 South, Range 78 West bears north 58º 11’ east at a distance of 4,931 feet. NW¼ of the SW¼

of Section 2, Township 7 South, Range 78 West of the 6th

P.M., Summit County, Colorado, at a point 2,600 feet from the North

section line and 4,000 feet from the East section line of said Section 2. The UTM coordinates for the point are NAD83, Zone 13,

Easting: 406832.62, Northing: 4369594.51. See Exhibit A. (ii) Permit No.: 35080-F-R (previously 35080-F). (iii) Source:

Groundwater tributary to the Blue River, which is tributary to the Colorado River. (iv) Depth: 200 feet, estimated. (v) Appropriation

Date: December 31, 1982. (vi) Amount: Total of 0.1 cfs. Of that amount, 0.027 cfs was made absolute in Case No. 97CW046; 0.073

cfs remains conditional. The total annual volumetric limitation is 2.5 acre-feet. (vii) Uses: Municipal, domestic, and all other

beneficial uses associated with the operation of the restaurant facilities. (c) Peak 9 Collection Gallery. (i) Decreed Location: The point

of diversion is located on Lehman Gulch in the SW¼ of the NE¼ of the unsurveyed Section 11 of Township 7 South, Range 78 West

of the 6th

P.M., whence the SW Corner of Section 36 of Township 6 South, Range 78 West bears north 14º 9’ east a distance of 7,766

feet. The foregoing point can alternately be described as the: SW¼ of the NE¼ of Section 11, Township 7 South, Range 78 West of

the 6th

P.M., Summit County, Colorado, at a point 2,250 feet from the North section line and 1,900 feet from the East section line of

said Section 11. The UTM coordinates for the point are NAD83, Zone 13, Easting: 407445.36, Northing: 4368106.98. See Exhibit A.

(ii) Permit No.: 35081-F. (iii) Source: Groundwater tributary to the Blue River, which is tributary to the Colorado River. (iv) Depth: 5-

10 feet, estimated. (v) Appropriation Date: December 31, 1974. (vi) Amount: Total of 0.1 cfs. Of that amount, 0.065 cfs was made

absolute in Case No. 97CW046; 0.035 cfs remains conditional. The total annual volumetric limitation is 2.5 acre-feet. (vii) Uses:

Municipal, domestic, and all other beneficial uses associated with the operation of the restaurant facilities. (d) Peak 10 Well No. 1. (i)

Decreed Location: NE¼ of the SE¼ of the unsurveyed Section 11 of Township 7 South, Range 78 West of the 6th

P.M., whence the

SW Corner of Section 36 of Township 6 South, Range 78 West bears north 5º 21’ east a distance of 9,109 feet. The foregoing point

can alternately be described as the: SE ¼ of the SE ¼ of Section 11, Township 7 South, Range 78 West of the 6th

P.M., Summit

County, Colorado, at a point 3,922 feet from the North section line and 845 feet from the East section line of said Section 11. The

UTM coordinates for the point are NAD83, Zone 13, Easting: 407753.23, Northing: 4367588.97. See Exhibit A. (ii)

Source: Groundwater tributary to the Blue River, which is tributary to the Colorado River. (iii) Depth: 200 feet, proposed.

(iv)Appropriation Date: July 23, 1987. (v) Amount: 0.1 cfs, conditional (2.0 acre-feet annually). (vi) Uses: Municipal, domestic, and

all other beneficial uses associated with the operation of the ski area facility Peak 10. (e) Peak 10 Well No. 2. (i) Decreed Location:

NE¼ of the SE¼ of the unsurveyed Section 11 of Township 7 South, Range 78 West of the 6th

P.M., whence the SW Corner of

Section 36 of Township 6 South, Range 78 West bears north 6º 2’ east a distance of 9,120 feet. The foregoing point can alternately be

described as the: SE ¼ of the SE ¼ of Section 11, Township 7 South, Range 78 West of the 6th

P.M., Summit County, Colorado, at a

point 3,924 feet from the North section line and 955 feet from the East section line of said Section 11. The UTM coordinates for the

point are NAD83, Zone 13, Easting: 407719.62, Northing: 4367589.14. See Exhibit A. (ii) Source: Groundwater tributary to the Blue

River, which is tributary to the Colorado River. (iii) Depth: 200 feet, proposed. (iv) Appropriation Date: July 23, 1987. (v) Amount:

0.1 cfs, conditional (2.0 acre-feet annually). (vi) Uses: Municipal, domestic, and all other beneficial uses associated with the

operation of the ski area facility on Peak 10. (f) A-2 Well No. 1. (i) Decreed Location: NE¼ of the NW¼ of the unsurveyed Section 12

of Township 7 South, Range 78 West of the 6th

P.M., whence the SW Corner of Section 36 of Township 6 South, Range 78 West

bears north 20º 53’ west a distance of 6,732 feet. The foregoing point can alternately be described as the: NE ¼ of the NW ¼ of

Section 12, Township 7 South, Range 78 West of the 6th

P.M., Summit County, Colorado, at a point 1,100 feet from the North section

line and 2,996 feet from the East section line of said Section 12. The UTM coordinates for the point are NAD83, Zone 13, Easting:

408747.91, Northing: 4368430.37. See Exhibit A. (ii) Source: Groundwater tributary to the Blue River, which is tributary to the

Colorado River. (iii) Depth: 200 feet, proposed. (iv) Appropriation Date: July 23, 1987. (v) Amount: 0.1 cfs, conditional (2.0 acre-feet

annually). (vi) Uses: Municipal, domestic, and all other beneficial uses associated with the operation of the restaurant facilities. (g) A-

2 Well No. 2. (i) Decreed Location: NE¼ of the NW¼ of the unsurveyed Section 12 of Township 7 South, Range 78 West of the 6th

P.M., whence the SW Corner of Section 36 of Township 6 South, Range 78 West bears north 21º 10’ west a distance of 6,648 feet.

The foregoing point can alternately be described as the: NE ¼ of the NW ¼ of Section 12, Township 7 South, Range 78 West of the

6th

P.M., Summit County, Colorado, at a point 1,020 feet from the North section line and 2,997 feet from the East section line of said

Section 12. The UTM coordinates for the point are NAD83, Zone 13, Easting: 408748.41, Northing: 4368457.92. See Exhibit A. (ii)

Source: Groundwater tributary to the Blue River, which is tributary to the Colorado River. (iii) Depth: 200 feet, proposed. (iv)

Appropriation Date: July 23, 1987. (v) Amount: 0.1 cfs, conditional (2.0 acre-feet annually). (vi) Uses: Municipal, domestic, and all

other beneficial uses associated with the operation of the restaurant facilities. (h) A-2 Collection Gallery. (i) Decreed Location: The

point of diversion is located on Lehman Gulch in the NE¼ of the NW¼ of the unsurveyed Section 12 of Township 7 South, Range 78

MAY 2017 RESUME


West of the 6th

P.M., whence the SW Corner of Section 36 of Township 6 South, Range 78 West bears north 19º 32’ west at a distance

of 6,578 feet. The foregoing point can alternately be described as the: NE ¼ of the NW ¼ of Section 12, Township 7 South, Range 78

West of the 6th

P.M., Summit County, Colorado, at a point 1,021 feet from the North section line and 3,199 feet from the East section

line of said Section 12. The UTM coordinates for the point are NAD83, Zone 13, Easting: 408687.02, Northing: 4368458.24. See

Exhibit A. (ii) Source: Groundwater tributary to the Blue River, which is tributary to the Colorado River. (iii) Depth: 10 feet,

proposed. (iv) Appropriation Date: July 23, 1987. (v) Amount: 0.1 cfs, conditional (2.0 acre-feet annually). (vi) Uses: Municipal,

domestic, and all other beneficial uses associated with the operation of the restaurant facilities. (i) Breckenridge Ski Area Pumping

Plant and Pipeline. (i) Decreed Location: The point of diversion is located on the left (Northwesterly) bank of the Blue River whence

the Northwest corner of Section 6, Township 7 South, Range 77 West of the 6th

P.M., bears north 41º 13’ west at a distance of 1,400

feet. The foregoing point can alternately be described as the: NW ¼ of the NW ¼ of Section 6, Township 7 South, Range 77 West of

the 6th

P.M., Summit County, Colorado, at a point 1,066 feet from the North section line and 4,547 feet from the East section line of

said Section 6. The UTM coordinates for the point are NAD83, Zone 13, Easting: 409962.99, Northing: 4370026.15. See Exhibit A.

(ii) Source: Blue River, which is tributary to the Colorado River. (iii) Appropriation Date: June 25, 1981. (iv) Amount: 14 cfs. Of this,

6.0 cfs was decreed absolute and 8 cfs was decreed conditional. An additional 3.7 cfs was decreed absolute in Case No. 10CW243,

for a total of 9.7 cfs absolute, with 4.3 cfs remaining conditional. (v) Use: Snowmaking. (j) Remarks: The decree in Case No.

03CW233 allows Applicant to alternately divert Vistahaus Well Nos. 1 and 2 at the Sawmill Gulch Infiltration Gallery. The decree in

Case No. 15CW3102 allows Applicant to alternately divert A-2 Well Nos. 1 and 2 at the Sawmill Gulch Infiltration Gallery, Peak 7

Well No. 1, and Peak 7 Well No. 2. In addition, in pending Case No. 16CW3144, Applicant is seeking to eliminate the individual

volumetric limits for the wells described in paragraph 3(a) through 3(h) and replace those limits with an overarching cumulative

volumetric limit of 17.5 acre-feet and 1 acre-foot of consumption. 4. Amounts claimed absolute. Applicant claims that an additional

2.1 cfs of the Breckenridge Ski Area Pumping Plant and Pipeline, as described in paragraph 3(i) above, has been made absolute, for

snowmaking. The basis for this claim is that the peak snowmaking diversion for this water right took place on November 29, 2016, at

2:20 A.M. At that time, the Applicant’s Breckenridge Ski Area Pumping Plant and Pipeline flow meter recorded an instantaneous

snowmaking diversion of 11.8 cfs (5,302 gpm) (see Exhibit B). Because 9.7 cfs of this right was previously made absolute, Applicant

seeks to make an additional 2.1 cfs absolute, and by this application requests that 11.8 cfs be decreed as the total absolute amount for

this water right. It is noted that on November 29, 2016, the Breckenridge Ski Area Pumping Plant and Pipeline was out of priority due

to a call by the Shoshone Power Plant, and diversions were augmented by Denver Water’s release of water from Williams Fork

Reservoir pursuant to the decrees in the Consolidated Cases and Case No. 92CW294. 5. Detailed outline of work done to complete

project and apply water to beneficial use. During the past six years, Applicant has incurred significant expenditures to expand and

improve the water supply at the Breckenridge Ski Area. The expenditures include, but are not limited to, the following work: (a)

Applicant filed the change application in Case No. 16CW3144 in order to add operational flexibility which will allow it to more

effectively utilize the conditional water rights, and continues to work toward obtaining a final decree in that matter; (b) Applicant

adjudicated Case No. 15CW3102 to obtain alternate points of diversion for A-2 Well Nos. 1 and 2; (c) Applicant has maintained and

expanded its snowmaking program, including accounting, maintenance, and completing a water sufficiency analysis; (d) Applicant

engaged Resource Engineering, Inc. (“REI”) to investigate and secure the water supply for the new Pioneer Crossing Restaurant on

Peak 7, including testing for physical supply and water quality, site selection, winter water supply development, permitting, and

drilling at a total cost of $36,117.66, and filed the application in Case No. 15CW3102 to obtain alternate points of diversion to supply

this Restaurant; (e) Applicant used REI to develop or update the Mountain Drainage Plan and Water Quality Monitoring Program to

ensure that the snowmaking applications are not degrading stream health; (f) The accounting for wells that have been constructed and

snowmaking are prepared and filed by REI and forwarded to the State Engineer’s office. The cost for these services ranges between

$3,000 - $5,000 each year; (g) Applicant maintained its Annual Green Mountain Reservoir Contract with the United States

Department of the Interior; (h) Applicant expanded operations to Peak 6, adding 540 acres of skiing, representing a 23% increase in

skiable acreage, including constructing the KenSho SuperChair and a warming hut; (i) Applicant replaced several 4-person chairlifts

with high-speed 6-person chairlifts; (j) Applicant constructed a parking structure at the base of Peak 8 and paved a parking lot in the

Town of Breckenridge in order to accommodate additional users; (k) Applicant is proceeding with developing on-mountain summer

activity base camp, including activities such as zipline, canopy tour, climbing wall, and more, and completed an Environmental

Impact Statement for same; (l) Applicant remodeled the Overlook Restaurant at Peak 9; and (m) Applicant continually reviews water

rights applications made within the Colorado River Basin to ensure its water rights are not adversely affected. All such activities and

expenditures are necessary steps in the development of the Subject Water Rights to the beneficial uses for which they were decreed.

Applicant believes that it can and will complete the appropriation on the remaining conditional portions of the Subject Water Rights

within a reasonable time. 6. Name and address of the owner of the land on which the Subject Water Rights are located. United States

Forest Service, Dillon Ranger Station, 680 Blue River Parkway, Post Office Box 620, Silverthorne, Colorado 80498. WHEREFORE

Applicant requests that the Water Court issue a final decree (i) making a total of 11.8 cfs of the Breckenridge Ski Area Pumping Plant

and Pipeline water right absolute as requested in paragraph 4 above; (ii) finding that the Applicant has been reasonably diligent with

respect to the remaining conditional portions of the Subject Water Rights, including any portion not made absolute herein; (iii)

continuing the conditional portions of the Subject Water Rights in full force and effect; and (iv) granting such other and further relief

as may be appropriate. (10 pages + exhibits)

MAY 2017 RESUME







81601.





appear to object and protest within the time provided by statute, or be forever barred. 17CW3121 GARFIELD COUNTY. COLORADO RIVER. Roger and Amelia Eshelman, c/o Craig V. Corona, Esq., Corona Water

Law, 420 E. Main St., Suite 210B, Aspen, CO 81611, (970) 948-6523. APPLICATION FOR CHANGE OF WATER RIGHT, FOR

STORAGE WATER RIGHT, AND CHANGE TO PLAN FOR AUGMENTATION. FIRST CLAIM: CHANGE OF WATER

RIGHT Decreed right to be changed: Bobcat Ridge Estates Well No. 7 (Well Permit No. 75787). Decreed in Case No. 08CW12,

6/23/11. Decreed legal description: NW SW Section 12, T7S, R88W, 6th

P.M., 1,650 feet from south line and 950 feet from west line

of said Section, Lot 7, Cottonwood Hollow Subdivision. Decreed source: alluvium tributary to Cattle Creek, Roaring Fork River

and Colorado River. Appropriation Date: 10/20/07. Amount: 0.011 cfs (5 gpm), conditional. Uses: domestic in-house use in one

single family dwelling. Amount of water to be changed: 0.011 cfs (5 gpm). Change in point of diversion: Applicant seeks to change

the decreed point of diversion to the point at which the well was actually constructed with UTM coordinates: Northing: 4369914,

Easting: 312797, Zone 13. PLSS (from DWR AQUAMAP), NW SW Section 12, T7S, R88W Sixth P.M. 1465 feet from the south line

and 1080 feet from the west line of said Section. Other changes: Applicants seek to correct the depth for the subject well from the

depth decreed in 08CW12 of 35 feet to the depth to which the well was actually drilled, 190 feet, and the source aquifer from alluvium

to volcanic-rock aquifer. SECOND CLAIM: STORAGE WATER RIGHT Wendi Smith Reservoir, Second Enlargement. Decreed

Legal Description. NE SW Section 12, T7S, R88W 6th

P.M., 2,300 feet from west line and 2,000 feet from south line of said section.

UTM, Northing: 4370116. Easting: 313160; Zone 13, NAD 83. Source: Cattle Creek, tributary to Roaring Fork and Colorado Rivers.

Filling ditch legal description, NE SW Section 12, T7S, R88W, 6th

P.M., 2,477 feet from the west line and 2,044 feet from the south

line of said section. UTM, Zone 13, Northing: 4370120. Easting: 313229. Source: AQUAMAP. Appropriation date: application date.

How initiated: filing application. Amount claimed. Storage: 0.03 acre-feet, conditional. Fill rate: 0.02 cfs, conditional. Use:

Augmentation of Bobcat Ridge Estates Well No. 7, as decreed in Case No. 08CW12, for use in one single-family dwelling. Surface

area of high water line: approximately 3,420 square feet. Dam height: less than ten feet. Dam length: no more than 150 feet. Total

capacity of reservoir in acre-feet: 0.7 acre-feet, by existing decree. Owner of land on which reservoir is located: Troy D. and Cher R.

Vincent; P.O. Box 684, Snowmass, CO 81654. THIRD CLAIM: FOR CHANGE TO PLAN FOR AUGMENTATION. Plan for

augmentation to be changed: Bobcat Ridge Estates Wells 1&7 Augmentation Plan Original decree: Case No. 08CW12. This plan for

augmentation is decreed to cover well diversions from Bobcat Ridge Estates Wells 1 and 7 for domestic use in one single family

dwelling each for Lots 1 and 7 in Cottonwood Hollow Subdivision. The plan augments each well for 5 gpm (0.011 cfs) and replaces

up to 0.078 acre-feet of consumptive use depletions annually, total, from the domestic use in two single family dwellings. The water

right to be used for augmentation was the remaining conditional portion (0.1 acre-feet) of the Wendi Smith Reservoir, First

Enlargement. The conditional portion of the Wendi Smith Reservoir, First Enlargement water right was abandoned and canceled.

Description of change: Applicants request a change to their portion of the Bobcat Ridge Estates Wells 1&7 Augmentation Plan,

08CW12, solely to replace the Wendi Smith Reservoir, First Enlargement water right with the Wendi Smith Reservoir, Second

Enlargement water right applied for herein. The Wendi Smith Reservoir, Second Enlargement water right will be substituted as the

augmentation source in the plan for augmentation for diversions under the Bobcat Ridge Estates Well No. 7 to a single family

dwelling unit on Lot 7. Applicants’ requested change to the plan for augmentation will not increase the rate or amount of dep letions

under the existing 08CW12 plan and will not alter the timing or location of depletions. The source of replacement, the Wendi Smith

Reservoir structure, will remain the same as will the timing of replacement releases. For more information including maps, see the

application on file with the water court or contact Craig Corona (970) 948-6523, [email protected]






81601.





MAY 2017 RESUME




17CW3122 (95CW335, 03CW120, 10CW174) GARFIELD COUNTY – MIDDLE FORK OF RIFLE CREEK, TRIBUTARY

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

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

DILIGENCE. First Claim: DBS Pond Nos. 1, 2, and 3. Date of original decree: June 9, 1997. Case No. 95CW335, Division 5 Water

Court. Subsequent diligence Decrees: June 21, 2004, Case No. 03CW120; May 11, 2011, Case No. 10CW174. Legal: DBS Pond No.

1: NW¼, NE¼, SW¼ of Section 25, Township 4 South, Range 93 West of the 6th

P.M., approximately 3400 feet from the East Section

line and 2825 feet from the North Section line. DBS Pond No. 2: NW¼, NE¼, SW¼ of Section 25, Township 4 South, Range 93 West

of the 6th

P.M., approximately 3700 feet from the East Section line and 3135 feet from the North Section line. DBS Pond No. 3: SW¼,

SE¼, NW¼ of Section 25, Township 4 South, Range 93 West of the 6th

P.M., approximately 1600 feet from the West Section line and

2500 feet from the North Section line. Map is on file with the court as Exhibit A. Source: Youker Ditch via the Middle Fork of Rifle

Creek, tributary to the Colorado River. Appropriation date: October 31, 1992. Amounts: DBS Pond No. 1: 1.625 acre-feet,

conditional. DBS Pond No. 2: 1.25 acre-feet, conditional. DBS Pond No. 3: 0.85 acre-foot, conditional. Use: Recreation, piscatorial,

stock watering and fire protection. Max height of dams: 10 ft. Length of dams: DBS Pond No. 1: Under 165 ft. DBS Pond No. 2:

Under 150 ft. DBS Pond No. 3: Under 150 ft. Capacity: DBS Pond No. 1: 3.125 acre-feet. DBS Pond No. 2: 2.5 acre-feet. DBS Pond

No. 3: Description of work done towards appropriation: Applicant cleaned the DBS Pond Nos. 1 and 2. Applicant maintained and

repaired a dock in the DBS Pond No. 1. Applicant used the ponds for fishing and recreation. Applicant placed an order for restocking

fish. Applicant considered its plans for expanding the ponds and for constructing the DBS Pond No. 3. Applicant engaged the services

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

rights and Applicant’s other water rights. Applicant owns the land on which the above water rights are used. The above water rights

are components of an integrated water supply project for Applicant’s property.






81601.






17CW3123 EAGLE COUNTY – IN THE EAGLE RIVER OR ITS TRIBUTARIES, TRIBUTARY INVOLVED: RED

CANYON CREEK. Red Canyon Estates Homeowners Association, Inc., c/o Jodi Teague, 54 Wildcat, Edwards, Colorado 81632,

Telephone: (970) 376-0817; J. Reed Roesler and Pamela A. Roesler, Davis & Campbell L.L.C., 401 Main Street, Suite 1600, Peoria,

Illinois 61602-1241, Telephone: (309) 673-1681; c/o David L. Kueter, Esq., Harvey W. Curtis & Associates, 8310 South Valley

Highway, Suite 230, Englewood, Colorado 80112, Telephone: (303) 292-1144. APPLICATION FOR FINDING OF

REASONABLE DILIGENCE. 2. Names of structures: 2.a. Red Canyon Estates Pond No. 5. 2.b. Red Canyon Estates Lot 5 Pond

No. 5 Irrigation Pump. 2.c. Red Canyon Estates Lot 12 Spring No. 1. 2.d. Red Canyon Estates Community Landscape Pump and

Pipeline. 3. Date of original decree for all structures: March 28, 1997, Case No. 92CW296, in the District Court, Water Division

No. 5, State of Colorado. 4. Subsequent diligence decrees for all structures: May 19, 2004, Case No. 2003CW64, in the District

Court, Water Division No. 5, State of Colorado; and May 10, 2011, Case No. 2010CW145, in the District Court, Water Division No.

5. 5. Location of structures: 5.a. Red Canyon Estates Pond No. 5: Located on Lot 5, Red Canyon Estates Subdivision in the

southwest quarter of the northeast quarter, Section 25, Township 4 South, Range 83 West of the 6th

P.M., Eagle County, Colorado,

more specifically described as follows: The point of intersection of the centerline of the dam and the spillway is located whence the

northeast corner of Section 25 bears North 58 degrees 00 minutes East 3,130 feet. The preferred method to describe said location is as

follows, yet it does not change the decreed location: 1,741 feet from the north section line and 2,629 feet from the east section line of

said Section 25. The location of Red Canyon Estates Pond No. 5 is shown on the map attached hereto as Exhibit A. 5.b. Red Canyon

Estates Lot 5 Pond No. 5 Irrigation Pump: The Red Canyon Estates Lot 5 Pond No. 5 Irrigation Pump diverts from the Red Canyon

Estates Pond No. 5, as described in paragraph 5.a., above. 5.c. Red Canyon Estates Lot 12 Spring No. 1: The source of supply for the

Red Canyon Estates Lot 12 Spring No. 1 is a spring as defined in C.R.S. § 37-90-107(21)(b) and is located on Lot 12, Red Canyon

Estates Subdivision, in the southeast quarter of the northeast quarter of Section 24, Township 4 South, Range 83 West of the 6th

P.M.,

Eagle County, Colorado, more specifically described as follows: The spring area consists of seeps and springs within a circular area

100 feet in radius, the centroid of which is located whence the southeast corner of said Section 24 bears south 23 degrees 15 feet east

3,610 feet. The preferred method to describe said location is as follows, yet it does not change the decreed location: 1,528 feet from

the east section line and 2,119 feet from the north section line of said Section 24. The location of Red Canyon Estates Lot 12 Spring

MAY 2017 RESUME


No. 1 is shown on the map attached hereto as Exhibit A. 5.d. Red Canyon Estates Community Landscape Pump and Pipeline: The

point of diversion is located within the access road and utility easement on Lot 13, Red Canyon Estates Subdivision, in the northeast

quarter, southeast quarter, Section 24, Township 4 South, Range 83 West of the 6th

P.M., Eagle County, Colorado at a point whence

the southeast corner of said Section 24 bears south 27 degrees east, 2,660 feet. The preferred method to describe said location is as

follows, yet it does not change the decreed location: 2,364 feet from the south section line and 1,222 feet from the east section line of

said Section 24. The location of Red Canyon Estates Community Landscape Pump and Pipeline is shown on the map attached hereto

as Exhibit A. 6. Source for all structures: Red Canyon Creek, seeps, springs and precipitation runoff tributary to Red Canyon

Creek, tributary to the Eagle River, tributary to the Colorado River. 7. Appropriation date for all structures: June 1, 1986. 8.

Decreed Amounts: 8.a. Red Canyon Estates Pond No. 5: 2.0 acre feet, conditional. 8.b. Red Canyon Estates Lot 5 Pond No. 5

Irrigation Pump: 0.15 c.f.s., conditional. 8.c. Red Canyon Estates Lot 12 Spring No. 1: 0.1 c.f.s, conditional. 8.d. Red Canyon Estates

Community Landscape Pump and Pipeline: 0.5 c.f.s, conditional. 9. Decreed Uses: 9.a. Red Canyon Estates Pond No. 5: Red Canyon

Estates Pond No. 5 was decreed the right to fill and maintain full continually when in priority for application to the following uses:

domestic, stock watering, piscatorial, aesthetic, fire suppression, dust suppression, wildlife, augmentation, recreation and the irrigation

of 56 acres. 9.b. Red Canyon Estates Lot 5 Pond No. 5 Irrigation Pump, Red Canyon Estates Lot 12 Spring No. 1, and Red Canyon

Estates Community Landscape Pump and Pipeline: Domestic, stock watering, fish propagation, recreation, wildlife, hydropower, fire

suppression, dust suppression, aesthetics, irrigation of approximately 56 acres, and storage. 9.c. Pursuant to the decree in Case No.

92CW296, Applicants Pamela and J. Reed Roesler, as the owners of Lot 5, have the exclusive right to the use of Red Canyon Estates

Pond No. 5 for recreation purposes and of Red Canyon Estates Lot 5 Pond No. 5 Irrigation Pump for irrigation uses on Lot 5. 9.d.

Applicant Red Canyon Estates Homeowners Association, Inc. is the applicant and claimant with respect to each water right described

herein in such surplus amounts and for such uses not otherwise expressly claimed for exclusive use pursuant to the decree in Case No.

92CW296. 10. Provide a detailed outline of what has been done toward completion of the appropriation and application of

water to a beneficial use as conditionally decreed, including expenditures: 10.a. Applicants and their predecessors-in-interest have

spent in excess of $15,000 in fees and costs since May 2011 in connection with Applicants’ water rights, including the rights which

are the subject of this application, including: 10.a.i. The conditional water rights which are the subject of this application are part of

Applicants’ augmentation plan decreed in Case No. 92CW296. During the subject diligence period, Applicants and their

predecessors-in-interest have paid $10,875.06 to the United States Bureau of Reclamation, under Green Mountain Reservoir Contract

No. 4-07-60-W1057, for augmentation releases in accordance with the decree in Case No. 92CW296. 10.a.ii. During the diligence

period, Applicants and their predecessors-in-interest have paid in excess of $4,200.00 in legal fees. 10.b. Applicants Pamela and J.

Reed Roesler purchased Red Canyon Estates Lot 5, including the associated interest in the water rights herein, in January 2017. 11. If

claim to make absolute: N/A. 12. Names and addresses of owners or reputed owners of the land upon which any new diversion

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

water is or will be stored, including any modification to the existing storage pool. 12.a. Red Canyon Estates Pond No. 5 and Red

Canyon estates Lot 5 Pond No. 5 Irrigation Pump: Applicants Pamela and J. Reed Roesler. 12.b. Red Canyon Estates Lot 12 Spring

No. 1: Churchill Bird McMurrain, 1601 Red Canyon Creek Road, Edwards, Colorado 81632-4939. 12.c. Red Canyon Estates

Community Landscape Pump and Pipeline: Applicant Red Canyon Estates Homeowners Association, Inc. (7 pages, including 1 page

of exhibits.)






81601.






17CW3124 MESA COUNTY. IRR. WATER TRIB. TO HOSSLE CREEK, TRIB. TO COTTONWOOD CREEK, TRIB. TO

PLATEAU CREEK, TRIB. TO THE COLORADO RIVER. Application for Finding of Reasonable Diligence. Applicant: Mr.

Wesley O. Bucher, c/o Balcomb & Green, P.C., PO Drawer 790, Glenwood Springs, CO 81602; 970-945-6546. Structure: Bucher

Reservoir #6. Date of orig. decree: 6/1/2004, Case No. 01CW346, Dist. Ct., Water Division No. 5. Subsequent diligence decree:

5/10/2011, Case No. 10CW171, Dist. Ct., Water Division No. 5. Legal Description: The location of the dam is in the SE1/4 SE1/4,

Sec. 19, T. 10 S., R. 95 W., 6th

P.M., 1280 ft. N. of the S. line of Sec. 19 and 950 ft. W. of the E. line of Sec. 19. Source: Irr. water

trib. to Hossle Creek, trib. to Cottonwood Creek, trib. to Plateau Creek, trib. to the Colorado River. Date of Approp.: 12/15/2001.

Amt.: 3.0 AF, cond., with right to fill and one refill when in priority in order to maintain pool for pisc. purposes. Use or proposed use:

irr., livestock, aesthetic, pisc. Max. ht. of Dam: less than 10 ft. Surface area pond: less than one acre. Capacity: 3.0

AF. Remarks: The pond is filled with surface water and irr. return flows on Applicant’s property. Legal description of acreage of land

MAY 2017 RESUME


irrigated: approx. 20 acres contained in the W1/2 SE1/4 SE1/4, Sec. 19, T. 10 S., R. 95 W., 6th

P.M. Exhibit A. Structure: Bucher

Ditch No. 4. Date of orig. decree: 6/1/2004, Case No. 01CW348, Dist. Ct., Water Division No. 5. Subsequent decrees awarding

diligence:5/10/2011, Case No. 10CW172, Dist. Ct., Water Division No. 5. Legal Description: The pt. of diversion is located in the

NE1/4 NW1/4, Sec. 29, T. 10 S., R. 95 W., 6th

P.M., 640 ft. S. of the N. line of Sec. 29 and 2100 ft. E. of the W. line of Sec. 29 in

Mesa County. Source: Cottonwood Creek, trib. to Plateau Creek, trib. to the Colorado River. Date of Approp.: 12/15/2001. Use or

proposed use: Irr. of five acres of bottom land along Cottonwood Creek located in the SW1/4 SW1/4, Sec. 20, T. 10 S. Range 95 W.

of the 6th

P.M., dom. and storage in Bucher Reservoir No. 2, Bucher Reservoir No. 3 and Bucher Reservoir No. 4. Exhibit B. Amt.:

3.0 c.f.s., cond. for filling Bucher Reservoir Nos. 2 through 4; 0.125 c.f.s, cond. for direct application to irr. use; 0.01 c.f.s. (5.gpm)

cond. for dom. through direct diversion for dom. use. Max. instantaneous diversion for all three uses is limited to 3.0 c.f.s. Remarks:

Applicant will install a headgate and measuring devices as may be required by the Division Engineer and/or State Engineer for

administration of diversions at Bucher Ditch No. 4. Structures: Bucher Reservoir No. 2, Bucher Reservoir No. 3, Bucher Reservoir

No. 4. Date of Orig. Decree: 6/1/2004, Case No. 01CW348, Dist. Ct., No. 5. Subsequent decrees awarding diligence: 5/10/2011,

Case No. 10CW172, Dist. Ct., Water Division No. 5. Legal Descriptions:

Structure Legal Description

Bucher Reservoir No. 2

The location of the dam is in the SW1/4SW1/4, Sec. 20, T. 10 S., R. 95 W.,

6th

P.M., 640 ft. N. of the S. line of Sec. 20 and 750 ft. E. of the W. line of

Sec. 20


The location of the dam is in the SW/1/4 SW1/4, Sec. 20, T. 10 S., R. 95 W.,

6th


Sec. 20


The location of the dam is in the SW1/4 SW1/4, Sec. 20, T. 10 S., R. 95 W.,

6th


Sec. 20

Source for each Reservoir: Cottonwood Creek, trib. to Plateau Creek, trib. to the Colorado River. Date of Approp. for each

Reservoir: 12/15/2001. Amt. claimed for each Reservoir: 3.0 AF, cond., with right to fill and one refill when in priority in order to

maintain pool for pisc. purposes. Use or proposed use for each Reservoir: Irr.: Approx. five acres of bottom land along Cottonwood

Creek as the creek travels in a northwesterly direction, contained in the SW1/4SW1/4, Sec. 20, T. 10 S., R. 95 W., 6th P.M. Exhibit B.

Non Irr.: Applicant’s proposed dom. use is for a seasonal cabin and as a supplemental supply to his existing dom. source. Applicant

also intends to use the water for livestock and pisc. Reservoir Size for each Reservoir: Surface area: less than one acre. Max. ht. of

dam: less than 10 ft. Total capacity of reservoir: 3.0 AF, all dead storage. Structures: Bucher Spring #2 through #11. Date of orig.

decree: 6/1/2004, Case No. 01CW342, Dist. Ct., Water Division No 5. Subsequent decrees awarding diligence: 6/6/2011, Case No.

10CW170, Dist. Ct., Water Division No. 5. Decreed Locations:

Structure Legal Description

Bucher Spring No. 2

The pt. of diversion is located in the SE1/4 SE1/4, Sec. 19, T. 10 S., R. 95 W., 6th

P.M., 1000 ft. N. of the S. line of Sec. 19 and 800 ft. W. of the E. line of Sec. 19

Bucher Spring No. 3

The pt. of diversion is located in the SE/1/4 SE1/4, Sec. 19, T. 10 S., R. 95 W., 6th


Bucher Spring No. 4



Bucher Spring No. 5



Bucher Spring No. 6



Bucher Spring No. 7



Bucher Spring No. 8



Bucher Spring No. 9

The pt. of diversion is located in the SE1/4 SE1/4 , Sec. 19, T. 10 S., R. 95 W., 6th


MAY 2017 RESUME


Bucher Spring No. 10



Bucher Spring No. 11



Source for each Spring: Surface water trib. to Hossle Creek, trib. to Cottonwood Creek, trib. to Plateau Creek, trib. to Colorado River.

Approp. Date for each Spring: 12/15/2001. Amt. Claimed for each Spring: 0.15 c.f.s., cond. Use or proposed uses for each Spring:

Direct diversion for irr., dom., and stockwatering; filling of Bucher Reservoir, 1st Enlargement of Bucher Reservoir, and Bucher

Reservoir No. 5 for hydroelectric power generation, stockwatering, aesthetic, dom., rec., pisc. Dom. use of the water will be as a

supplement to Applicant’s existing dom. supply. Remarks: Legal description and acreage of land irrigated: Approx. 60 acres

contained in the E1/2 SE1/4 SE1/4, Sec. 19, T. 10 S., R. 95 W., 6th

P.M., and SW1/4 SW1/4, Sec. 20, T. 10 S., R. 95 W., 6th

P.M.

Exhibit C. Structures: 1st Enlargement Bucher Reservoir, Bucher Reservoir No. 5. Date of orig. decree: 6/1/2004, Case No. 01CW342,

Dist. Ct., Water Division No. 5. Subsequent decrees awarding diligence: 5/10/2011, Case No. 10CW170, Dist. Ct., Water Division

No. 5. Legal descriptions:

Structure Legal Description Decreed Amt. Capacity

1st Enlargement

Bucher Reservoir

The location of the dam is in the SE1/4 SE1/4,

Sec. 19, T. 10 S., R. 95 W., 6th

P.M., 200 ft. N. of

the S. line of Sec. 19 and 400 ft. W. of the E. line

of Sec. 19

2.75 a.f., cond.,

with right to fill

and one refill when

in priority and

available to

maintain pool for

pisc. use

3.0 a.f. of

which 2.75 a.f.

is associated

with this

enlargement

water right

Bucher Reservoir

No. 5

The location of the dam is in the SE1/4 SE1/4,

Sec. 19, T. 10 S., R. 95 W., 6th

P.M., 700 ft. N. of

the S. line of Sec. 19 and 450 ft. W. of the E. line

of Sec. 19

3.0 a.f., cond., with

right to fill and one

refill when in

priority in order to

maintain pool for

pisc. use

a.f.

Source for each Reservoir: Bucher Spring Nos. 2 through 11 herein and Hossle Creek, all trib. to Cottonwood Creek, trib. to Plateau

Creek, trib. to the Colorado River. Approp. Date for each Reservoir: 11/15/2001. Use or proposed uses for each Reservoir: Irr.,

filling of Bucher Reservoir No. 5, hydroelectric power generation, aesthetic, dom., pisc., stockwatering. Water stored in Bucher

Reservoir and 1st Enlargement of Bucher Reservoir may be pumped to other locations on Applicant’s property for uses decreed herein.

Water stored in Bucher Reservoir No. 5 may be pumped to other locations on Applicant’s property for uses decreed herein. Max. ht.

of each dam: less than 10 ft. Surface area for each Reservoir: less than one acre. Remarks: Name and capacity of ditch/pipeline

leading to pond: Bucher Spring Nos. 2 through 11 herein and surface water from unnamed draw trib. to Hossle Creek and Hossle

Creek. Legal description and acreage of land to be irrigated: approx. 60 acres contained in the E1/2 SE1/4 SE1/4, Sec. 19, T. 10 S.,

R. 95 W., 6th

P.M., and SW1/4 SW1/4, Sec. 20, T. 10 S., R. 95 W., 6th

P.M. A detailed outline of what has been done toward

completion of the approp. and application of water to a beneficial use is on file with this ct. Name of owner of the land upon which

structure is located and where water has been applied to beneficial use: Bucher Ditch No. 4: Mark B. Currier and Roberta J. Currier,

10760 54 7/10 Road, Molina, CO 81646. All other structures claimed in this application: Applicant. (11 pgs).






81601.






17CW3125 (10CW102) APPLICATION FOR FINDINGS OF REASONABLE DILIGENCE AND TO MAKE

CONDITIONAL WATER RIGHT ABSOLUTE. IN SUMMIT AND GRAND COUNTIES. Applicants: Board of County

Commissioners of Summit County (“Summit County”), c/o Scott Vargo, County Manager, Post Office Box 68, Breckenridge,

Colorado 80424; Town of Silverthorne, c/o Town Administrator, P.O. Box 1309, Silverthorne, CO 80498; Town of Dillon, 275 Lake

MAY 2017 RESUME


Dillon Drive, P.O. Box 8, Dillon, CO 80435. Copies of all pleadings to: Charles B. White, Thomas W. Korver, Petros & White, LLC,

1999 Broadway, Suite 3200, Denver, CO 80202, Phone: (303) 825-1980; Peter J. Ampe, Hill & Robbins, P.C., 1660 Lincoln Street,

Suite 2720, Denver, CO 80264, Phone: (303) 296-8100; Steven P. Jeffers, Lyons, Gaddis, Kahn, Hall, Jeffers, Dworak & Grant, P.C.,

P.O. Box 978, Longmont, CO 80502-0978, Phone: (303) 776-9900. Claim for Findings of Reasonable Diligence. Names of

structures: A. Old Dillon Reservoir First Enlargement. B. Windy Gap, Old Dillon Reservoir Exchange. Description of conditional

water rights: A. Old Dillon Reservoir First Enlargement. i. Date of original decree: The original decree for the Old Dillon Reservoir

First Enlargement was issued on February 10, 1997 in Case No. 93CW288, District Court, Water Division No. 5. ii. Subsequent

diligence decrees were entered in Case No. 03CW36, Water Division No. 5 on March 9, 2004 and in Case No. 10CW102, Water

Division No. 5 on May 10, 2011. iii. Legal descriptions: a. Old Dillon Reservoir is located in the SW1/4 SE1/4 and SE1/4 SW1/4 of

Section 13, T.5 S., R.78 W. of the 6th P.M., in Summit County, Colorado, as depicted on Exhibit A, attached to the application and

available for inspection at the office of the Division 5 Water Court or via Colorado E-Filing. The approximate location of the SW end

of Dam No. 1 is at a point whence the South quarter corner of said Section 13 bears South 2730' East a distance of 600 feet,

approximately 528 feet from the South section line and 2,346 feet from the West section line. The approximate location of the SW

end of Dam No. 2 is at a point whence the South quarter corner of said Section 13 bears South 6430' West a distance of 250 feet,

approximately 2,397 feet from the East section line and 111 feet from the South section line. b. The point of diversion for this water

storage right is the Dillon Ditch, with a capacity of 10 c.f.s. The Dillon Ditch is located on the south bank of Salt Lick Gulch at a

point whence the SE corner of Section 14, T.5 S., R.78 W. of the 6th P.M. bears South 8158' East 1,832 feet, also described as a point

located in the SW ¼ of the SE ¼ of Section 14, T.5 S., R.78 W. of the 6th P.M., approximately 260 feet from the South section line

and 1,910 feet from the East section line of said Section 14. iv. Source: Salt Lick Gulch (a/k/a Salt Lick Creek), a tributary of the

Blue River, and precipitation and runoff flowing into Old Dillon Reservoir, tributary to the Blue River. v. Appropriation date:

August 24, 1992. vi. Amount: 150 acre-feet at a rate of fill of 10 c.f.s, conditional. vii. Use: Municipal, domestic, irrigation,

industrial, snowmaking, augmentation, and recreation. viii. Ownership: By virtue of Bargain and Sale Deeds dated July 2, 2012,

Summit County conveyed undivided interests in the Old Dillon Reservoir First Enlargement conditional water right as follows:

26.25% interest to the Town of Dillon, and 8.39 % interest to the Town of Silverthorne. Summit County retains ownership of an

undivided 65.36% interest in this conditional water right. B. Windy Gap, Old Dillon Reservoir Exchange. i. Date of original decree:

The original decree for the Windy Gap, Old Dillon Reservoir Exchange was issued on February 10, 1997 in Case No. 93CW288,

District Court, Water Division No. 5. ii. Subsequent diligence decrees were entered in Case No. 03CW36, Water Division No. 5 on

March 9, 2004 and in Case No. 10CW102, Water Division No. 5 on May 10, 2011. iii. Water Rights to be Exchanged: 53.4 acre-feet

out of the 3,000 acre-feet of water per year produced from the Windy Gap Project and stored in Granby Reservoir pursuant to

paragraph 17 of the April 30, 1980 Agreement between the Municipal Subdistrict of the Northern Colorado Water Conservancy

District and among other parties, the Middle Park Water Conservancy District (“Windy Gap Water”). iv. Description of Exchange:

The decree in Case No. 93CW288 adjudicated to Summit County the right to annually store by exchange 53.4 acre-feet of Windy Gap

Water in Old Dillon Reservoir. The reach of the exchange extends from the confluence of the Blue and Colorado Rivers to the

headgate of the Dillon Ditch, as described above. v. Legal descriptions: a. The Windy Gap Project diverts at a point on the North

bank of the Colorado River whence the NW corner of Section 25, T. 2N., R. 77W. of the 6th P.M. bears North 17º 30' West a distance

of 2,380 feet, at a point 2,320.3 feet from the North section line and 701.9 feet from the West section line of said Section 25. b.

Granby Reservoir is located on the Colorado River upstream of its confluence with the Fraser River, in all or parts of Sections 25, 26,

27, 34, 35 and 36, T.3N., R.76W.; Sections 29, 30 and 32, T.3N., R.75W.; Sections 1, 2, 3, 10, 11, 12, 13 and 15, T.2N., R.76W.; and

Sections 5, 6, 7, 8, 9, 14, 15, 16, 17, 18, 21, 22 and 23, T.2N., R.75W. of the 6th P.M., Grand County, Colorado. The point where the

SE corner of the dam meets the spillway outlet is located in the NE ¼ of the SE ¼ of Section 11, Township 2 North, Range 76 West of

the 6th P.M., Grand County, Colorado, at a point 2,587.5 feet from the South section line and 359.1 feet from the East section line of

said Section 11. c. The confluence of the Blue River and the Colorado River is located in the NW1/4 NE1/4 of Section 19, T.1 N.,

R.80 W. of the 6th P.M., Grand County, Colorado, at a point approximately 2,040 feet from the east section line, and 4,830 feet from

the South section line. vi. Appropriation Date: December 23, 1993. vii. Amount: The rate of the exchange is 10 c.f.s. with a total

volumetric limit on the exchange of 53.4 acre-feet per year, conditional. viii. Ownership: Summit County is the sole owner of the

conditional water right for the Windy Gap, Old Dillon Reservoir Exchange. Evidence of Reasonable Diligence: Old Dillon Reservoir

is part of an integrated system for supplying water demands in Summit County. The application contains a summary of specific

projects and work undertaken during the diligence period (from May, 2011 through May, 2017) in furtherance of the development of

this conditional water right, and is available for inspection at the office of the Division 5 Water court or via Colorado E-Filing. The

list is not intended to be all inclusive and may be supplemented by additional evidence at any hearing in this matter. Claim to Make

Conditional Storage Water Right Absolute. Storage and beneficial use of conditional water right: A. Date, amount, and use of water

applied to beneficial use: As provided in C.R.S. § 37-92-103(4)(a), as amended by S.B. 13-041, the conditional water right for the

Old Dillon Reservoir First Enlargement was applied to beneficial use for all decreed purposes by the storage of the full decreed

amount of 150 acre-feet as of April 16, 2015. B. Exhibit B, attached to the application and available for inspection at the office of the

Division 5 Water Court or via Colorado E-Filing, contains accounting records reflecting the full exercise of the Old Dillon Reservoir

First Enlargement conditional water right. C. Description of place of use where water is applied to beneficial use. Beneficial use of

water in accordance with C.R.S. § 37-92-103(4)(a), as amended by S.B. 13-041, occurred in Old Dillon Reservoir, as shown on

MAY 2017 RESUME


Exhibit A. Certain decreed beneficial uses will continue to be made within the Reservoir. The use of water released from storage for

all decreed beneficial uses, including without limitation irrigation use, will occur at any location within Summit County, Colorado,

including without limitation the Towns of Dillon and Silverthorne. Names, and addresses of owners or reputed owners of the land

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

constructed or upon which water is or will be stored, including any modification to the existing storage pool: Old Dillon Reservoir

and the Dillon Ditch are located on land owned by the United States Forest Service, Dillon Ranger District, P.O. Box 620,

Silverthorne, CO 80498. WHEREFORE, the Applicants respectfully request that this Court enter Findings of Fact, Conclusions of

Law, and a Judgment and Decree: (1) finding that the Applicants have been reasonably diligent in the development of the conditional

water rights for the Old Dillon Reservoir First Enlargement and the Windy Gap, Old Dillon Reservoir Exchange, as described in the

preceding paragraphs; (2) making absolute the Old Dillon Reservoir First Enlargement right in the amount of 150 acre-feet, for all

decreed purposes; (3) continuing in full force and effect the conditional water right for the Windy Gap, Old Dillon Reservoir

Exchange; and (4) granting such other relief as may be appropriate.






81601.







CONDITIONAL WATER RIGHT ABSOLUTE. In SUMMIT COUNTY. Applicants: Board of County Commissioners of

Summit County (“Summit County”), c/o Scott Vargo, County Manager, Post Office Box 68, Breckenridge, Colorado 80424; Town of

Silverthorne, c/o Town Administrator, P.O. Box 1309, Silverthorne, CO 80498; Town of Dillon, 275 Lake Dillon Drive, P.O. Box 8,

Dillon, CO 80435. Copies of all pleadings to: Charles B. White, Thomas W. Korver, Petros & White, LLC, 1999 Broadway, Suite

3200, Denver, CO 80202, Phone: (303) 825-1980; Peter J. Ampe, Hill & Robbins, P.C., 1660 Lincoln Street, Suite 2720, Denver, CO

80264, Phone: (303) 296-8100; Steven P. Jeffers, Lyons, Gaddis, Kahn, Hall, Jeffers, Dworak & Grant, P.C., P.O. Box 978,

Longmont, CO 80502-0978, Phone: (303) 776-9900. Claim for Findings of Reasonable Diligence. Name of structure: Old Dillon

Reservoir, Second Enlargement. Description of conditional water right: A. Date of original decree: The original decree for the Old

Dillon Reservoir, Second Enlargement was issued on December 28, 2011 in Case No. 07CW223, District Court, Water Division No.

5. B. Subsequent diligence decrees: n/a. C. Legal description: Old Dillon Reservoir is located in the SW1/4 SE1/4 and SE1/4

SW1/4 of Section 13, T.5 S., R.78 W. of the 6th P.M., in Summit County, Colorado, as depicted on Exhibit A, attached to the

application and available for inspection at the office of the Division 5 Water Court or via Colorado E-Filing. i. The approximate

location of the SW end of Dam No. 1 is at a point whence the South quarter corner of said Section 13 bears South 2730' East a

distance of 600 feet, approximately 528 feet from the South section line and 2,346 feet from the West section line of said Section 13.

ii. The approximate location of the SW end of Dam No. 2 is at a point whence the South quarter corner of said Section 13 bears South

6430' West a distance of 250 feet, approximately 2,397 feet from the East section line and 111 feet from the South section line of said

Section 13. D. Filling structure. Old Dillon Reservoir is an off-channel structure. The Reservoir will be filled from precipitation

and runoff into the Reservoir and from the Dillon Ditch, which has a capacity of 10 c.f.s. The Dillon Ditch is located on the south

bank of Salt Lick Gulch at a point whence the SE corner of Section 14, T.5 S., R.78 W. of the 6th

P.M. bears South 81 degrees 58' East

1832 feet, also described as a point located in the SW ¼ of the SE ¼ of Section 14, T.5 S., R.78 W. of the 6th

P.M., approximately 260

feet from the South section line and 1,910 feet from the East section line of said Section 14. E. Source: Salt Lick Gulch (a/k/a Salt

Lick Creek), a tributary of the Blue River; tributary to the Colorado River; and precipitation and runoff flowing into Old Dillon

Reservoir, tributary to the Blue River, tributary to the Colorado River. F. Appropriation Date: December 11, 2007. G. Amount: 60

acre-feet, conditional, with a 10 c.f.s. rate of diversion for filling. H. Accounting Year. The accounting year for administration of the

water rights decreed herein shall be April 1 through March 31 of the following year, unless modified by agreement of the Applicant

and the Division Engineer. I. Use: Municipal, domestic, commercial, irrigation, industrial, snowmaking, augmentation, replacement,

exchange, recreation, piscatorial, and wildlife watering, with the right of reuse, successive use, and disposition to extinction. J.

Ownership: By virtue of Bargain and Sale Deeds dated July 2, 2012, Summit County conveyed undivided interests in the Old Dillon

Reservoir, Second Enlargement conditional water right as follows: 26.25% interest to the Town of Dillon, and 8.39 % interest to the

Town of Silverthorne. Summit County retains ownership of an undivided 65.36% interest in this conditional water right. Evidence of

Reasonable Diligence: The Old Dillon Reservoir is part of an integrated system for supplying water demands in Summit County. The

application contains a summary of specific projects and work undertaken during the diligence period (from December, 2011 through

May, 2017) in furtherance of the development of this conditional water right, and is available for inspection at the office of the

MAY 2017 RESUME


Division 5 Water Court or via Colorado E-Filing. The list is not intended to be all inclusive and may be supplemented by additional

evidence at any hearing in this matter. Claim to Make Conditional Storage Water Right Absolute. Storage and beneficial use of

conditional water right: A. Date, amount, and use of water applied to beneficial use: As provided in C.R.S. § 37-92-103(4)(a), as

amended by S.B. 13-041, the conditional water right for the Old Dillon Reservoir, Second Enlargement was applied to beneficial use

for all decreed purposes by the storage of the full decreed amount of 60 acre-feet as of April 24, 2015. B. Exhibit B, attached to the

application and available for inspection at the office of the Division 5 Water Court or via Colorado E-Filing, contains accounting

records reflecting the full exercise of the Old Dillon Reservoir, Second Enlargement conditional water right. C. Description of place

of use where water is applied to beneficial use. Beneficial use of water in accordance with C.R.S. § 37-92-103(4)(a), as amended by

S.B. 13-041, occurred in Old Dillon Reservoir, as shown on Exhibit A. Certain decreed beneficial uses will continue to be made

within the Reservoir. The use of water released from storage for all decreed beneficial uses, including without limitation irrigation

use, will occur at any location within Summit County, Colorado, including without limitation the Towns of Dillon and Silverthorne.

Names, and addresses of owners or reputed owners of the land upon which any new diversion or storage structure, or modification to

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

modification to the existing storage pool: Old Dillon Reservoir and the Dillon Ditch are located on land owned by the United States

Forest Service, Dillon Ranger District, P.O. Box 620, Silverthorne, CO 80498. WHEREFORE, the Applicants respectfully request

that this Court enter Findings of Fact, Conclusions of Law, and a Judgment and Decree: (1) finding that the Applicants have been

reasonably diligent in the development of the conditional water rights for the Old Dillon Reservoir, Second Enlargement, as described

in the preceding paragraphs; (2) making absolute the Old Dillon Reservoir, Second Enlargement right in the amount of 60 acre-feet,

for all decreed purposes; and (3) granting such other relief as may be appropriate.






81601.







CONDITIONAL WATER RIGHT ABSOLUTE. IN SUMMIT COUNTY. Applicants: Board of County Commissioners of







Reservoir, Third Enlargement and Refill. Description of conditional water rights: A. Date of original decree: The original decree for

the Old Dillon Reservoir, Third Enlargement and Refill was issued on December 28, 2011 in Case No. 08CW201, District Court,

Water Division No. 5. B. Subsequent diligence decrees: n/a. C. Legal description: Old Dillon Reservoir is located in the SW1/4

SE1/4 and SE1/4 SW1/4 of Section 13, T.5 S., R.78 W. of the 6th P.M., in Summit County, Colorado, as depicted on Exhibit A

attached to the application and available for inspection at the office of the Division 5 Water Court or via Colorado E-Filing. i. The

approximate location of the SW end of Dam No. 1 is at a point whence the South quarter corner of said Section 13 bears South 2730'

East a distance of 600 feet, approximately 528 feet from the South section line and 2,346 feet from the West section line of said

Section 13. ii. The approximate location of the SW end of Dam No. 2 is at a point whence the South quarter corner of said Section 13

bears South 6430' West a distance of 250 feet, approximately 2,397 feet from the East section line and 111 feet from the South

section line of said Section 13. D. Filling Structure: Old Dillon Reservoir is an off-channel structure. The Reservoir will be filled

from precipitation and runoff into the Reservoir and from the Dillon Ditch, which has a capacity of 10 c.f.s. The Dillon Ditch is

located on the south bank of Salt Lick Gulch at a point whence the SE corner of Section 14, T.5 S., R.78 W. of the 6th

P.M. bears

South 81 degrees 58' East 1832 feet, also described as a point located in the SW ¼ of the SE ¼ of Section 14, T.5 S., R.78 W. of the

6th

P.M., approximately 260 feet from the South section line and 1,910 feet from the East section line of said Section 14. E. Source:

Salt Lick Gulch (a/k/a Salt Lick Creek), a tributary of the Blue River; tributary to the Colorado River; and precipitation and runoff

flowing into Old Dillon Reservoir, tributary to the Blue River, tributary to the Colorado River. F. Appropriation Date: December 16,

2008. G. Amount: i. Old Dillon Reservoir, Third Enlargement: 30 acre-feet, conditional, with a 10 c.f.s. rate of diversion for filling.

ii. Old Dillon Reservoir, Refill: 45 acre-feet, conditional, to replace gross evaporative loss, with a 10 c.f.s. rate of diversion for

filling. H. Accounting Year. The accounting year for administration of the water rights decreed herein shall be April 1 through

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March 31 of the following year, unless modified by agreement of the Applicant and the Division Engineer. I. Use: Municipal,

domestic, commercial, irrigation, industrial, snowmaking, augmentation, replacement, exchange, recreation, piscatorial, and wildlife

watering, with the right of reuse, successive use, and disposition to extinction. J. Ownership. By virtue of Bargain and Sale Deeds

dated July 2, 2012, Summit County conveyed undivided interests in the Old Dillon Reservoir Third Enlargement and Refill

conditional water rights as follows: 26.25% interest to the Town of Dillon, and 8.39 % interest to the Town of Silverthorne. Summit

County retains ownership of an undivided 65.36% interest in these conditional water rights. Evidence of Reasonable Diligence: The

Old Dillon Reservoir is part of an integrated system for supplying water demands in Summit County. The application contains a

summary of specific projects and work undertaken during the diligence period (from December, 2011 through May, 2017) in

furtherance of the development of these conditional water rights and is available for inspection at the office of the Division 5 Water

Court or via Colorado E-Filing. The list is not intended to be all inclusive and may be supplemented by additional evidence at any

hearing in this matter. Claim to Make Conditional Storage Water Rights Absolute. Storage and beneficial use of conditional water

rights: A. Date, amount, and use of water applied to beneficial use: As provided in C.R.S. § 37-92-103(4)(a), as amended by S.B.

13-041, the conditional water right for the Old Dillon Reservoir Third Enlargement was applied to beneficial use for all decreed

purposes by the storage of the full decreed amount of 30 acre-feet as of April 29, 2015. The conditional water right for the Old Dillon

Reservoir Refill was applied to beneficial use for all decreed purposes by the storage of the full decreed amount of 45 acre-feet as of

July 13, 2015. B. Exhibit B, attached to the application and available for inspection at the office of the Division 5 water court or via

Colorado E-Filing, contains accounting records reflecting the full exercise of the Old Dillon Reservoir, Third Enlargement and Refill

conditional water rights. C. Description of place of use where water is applied to beneficial use. Beneficial use of water in

accordance with C.R.S. § 37-92-103(4)(a), as amended by S.B. 13-041, occurred in Old Dillon Reservoir, as shown on Exhibit

A. Certain decreed beneficial uses will continue to be made within the Reservoir. The use of water released from storage for all

decreed beneficial uses, including without limitation irrigation use, will occur at any location within Summit County, Colorado,

including without limitation the Towns of Dillon and Silverthorne. Names, and addresses of owners or reputed owners of the land

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

constructed or upon which water is or will be stored, including any modification to the existing storage pool: Old Dillon Reservoir

and the Dillon Ditch are located on land owned by the United States Forest Service, Dillon Ranger District, P.O. Box 620,

Silverthorne, CO 80498. WHEREFORE, the Applicants respectfully request that this Court enter Findings of Fact, Conclusions of

Law, and a Judgment and Decree: (1) finding that the Applicants have been reasonably diligent in the development of the conditional

water rights for the Old Dillon Reservoir Third Enlargement and Refill, as described in the preceding paragraphs; (2) making absolute

the Old Dillon Reservoir Third Enlargement right in the amount of 30 acre-feet, for all decreed purposes; (3) making absolute the Old

Dillon Reservoir Refill right in the amount of 45 acre-feet, for all decreed purposes; and (4) granting such other relief as may be

appropriate.






81601.







CONDITIONAL WATER RIGHT ABSOLUTE. IN SUMMIT COUNTY. Applicants: Board of County Commissioners of







Reservoir, Fourth Enlargement. Description of conditional water right: A. Date of original decree: The original decree for the Old

Dillon Reservoir, Fourth Enlargement was issued on August 19, 2013 in Case No. 12CW171, District Court, Water Division No. 5.

B. Subsequent diligence decrees: n/a. C. Legal description: The reservoir is located in the SW1/4 SE1/4 and SE1/4 SW1/4 of

Section 13, T.5 S., R.78 W. of the 6th P.M., in Summit County, Colorado, as depicted on Exhibit A attached to the application and

available for inspection at the office of the Division 5 Water Court or via Colorado E-Filing. i. The approximate location of the SW

end of Dam No. 1 is at a point whence the South quarter corner of said Section 13 bears South 2730' East a distance of 600 feet,

approximately 528 feet from the South section line and 2,346 feet from the West section line of said Section 13. ii. The approximate

MAY 2017 RESUME


location of the SW end of Dam No. 2 is at a point whence the South quarter corner of said Section 13 bears South 6430' West a

distance of 250 feet, approximately 2,397 feet from the East section line and 111 feet from the South section line of said Section 13.

D. Filling structure. Old Dillon Reservoir is an off-channel structure. The Reservoir will be filled from precipitation and runoff into

the Reservoir and from the Dillon Ditch, which has a capacity of 10 c.f.s. The Dillon Ditch is located on the south bank of Salt Lick

Gulch at a point whence the SE corner of Section 14, T.5 S., R.78 W. of the 6th

P.M. bears South 81 degrees 58' East 1832 feet, also

described as a point located in the SW ¼ of the SE ¼ of Section 14, T.5 S., R.78 W. of the 6th

P.M., approximately 260 feet from the

South section line and 1,910 feet from the East section line of said Section 14. E. Source: Salt Lick Gulch (a/k/a Salt Lick Creek), a

tributary of the Blue River; tributary to the Colorado River; and precipitation and runoff flowing into Old Dillon Reservoir, tributary

to the Blue River, tributary to the Colorado River. F. Appropriation Date: October 15, 2010. G. Amount: 17.27 acre-feet,

conditional. H. Accounting Year. The accounting year for administration of the water rights decreed herein shall be April 1 through

March 31 of the following year, unless modified by agreement of the Applicant and the Division Engineer. I. Use: Municipal,

domestic, commercial, irrigation, industrial, snowmaking, augmentation, replacement, exchange, recreation, piscatorial, and wildlife

watering, with the right of reuse, successive use, and disposition to extinction. J. Ownership: By virtue of Bargain and Sale Deeds

dated July 2, 2012, Summit County conveyed undivided interests in the Old Dillon Reservoir, Fourth Enlargement conditional water

right as follows: 26.25% interest to the Town of Dillon, and 8.39 % interest to the Town of Silverthorne. Summit County retains

ownership of an undivided 65.36% interest in this conditional water right. Evidence of Reasonable Diligence : The Old Dillon

Reservoir is part of an integrated system for supplying water demands in Summit County. The application contains a summary of

specific projects and work undertaken during the diligence period (from August, 2013 through May, 2017) in furtherance of the

development of this conditional water right, and is available for inspection at the office of the Division 5 Water Court or via Colorado

E-Filing. The list is not intended to be all inclusive and may be supplemented by additional evidence at any hearing in this matter.

Claim to Make Conditional Storage Water Right Absolute. Storage and beneficial use of conditional water right: A. Date, amount,

and use of water applied to beneficial use: As provided in C.R.S. § 37-92-103(4)(a), as amended by S.B. 13-041, the conditional

water right for the Old Dillon Reservoir, Fourth Enlargement was applied to beneficial use for all decreed purposes by the storage of

the full decreed amount of 17.27 acre-feet as of June 10, 2015. B. Exhibit B, attached to the application and available for inspection

at the office of the Division 5 Water Court or via Colorado E-Filing, contains accounting records reflecting the full exercise of the Old

Dillon Reservoir, Fourth Enlargement conditional water right. C. Description of place of use where water is applied to beneficial

use. Beneficial use of water in accordance with C.R.S. § 37-92-103(4)(a), as amended by S.B. 13-041, occurred in Old Dillon

Reservoir, as shown on Exhibit A. Certain decreed beneficial uses will continue to be made within the Reservoir. The use of water

released from storage for all decreed beneficial uses, including without limitation irrigation use, will occur at any location within

Summit County, Colorado, including without limitation the Towns of Dillon and Silverthorne. Names, and addresses of owners or

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

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

Old Dillon Reservoir and the Dillon Ditch are located on land owned by the United States Forest Service, Dillon Ranger District, P.O.

Box 620, Silverthorne, CO 80498. WHEREFORE, the Applicants respectfully request that this Court enter Findings of Fact,

Conclusions of Law, and a Judgment and Decree: (1) finding that the Applicants have been reasonably diligent in the development of

the conditional water rights for the Old Dillon Reservoir, Fourth Enlargement, as described in the preceding paragraphs; (2) making

absolute the Old Dillon Reservoir, Fourth Enlargement right in the amount of 17.27 acre-feet, for all decreed purposes; and (3)

granting such other relief as may be appropriate.






81601.






17CW3129 (10CW35, 98CW292) IN GRAND COUNTY. Application for Finding of Reasonable Diligence and to make

Conditional Water Rights Absolute in Part Name, address and telephone number of applicant: Sylvan Land & Water, L.L.C., c/o Mr.

Mike Miniat, 1330 County Road 315, Parshall, Colorado 80468 (c/o Richard J. Mehren, William D. Davidson, Moses, Wittemyer,

Harrison and Woodruff, P.C., 2595 Canyon Blvd., Suite 300, Boulder, Colorado 80302) 2. Name of structures: Conditional

exchanges as decreed in Case No. 98CW292 involving Sylvan Ditch and Reservoir, F.A. Field Ditch, McCandliss Feeder Ditch, North

Skylark Ditch, South Skylark Ditch, McCandliss Reservoir and Outlet Ditch, Langholen #1 Ditch, Langholen #2 Ditch, Langholden

#3 Ditch, Shore #1 Ditch, Shore #2 and #3 Ditch, Buehler #1 Ditch, Buehler #3 Ditch Buehler #4 Ditch, Miniat Reservoir No. 1, B.W.

Field Mule Creek No. 1 Ditch, John Shore #1 Ditch, and Burtcher Ditch. 3. Description of Subject Conditional Water Rights: 3.1

MAY 2017 RESUME


Date of original decree: February 4, 2004, Case No: 98CW292, Court: District Court, Water Division No. 5, State of Colorado. 3.2

All subsequent decrees awarding findings of diligence: Date of decree: May 10, 2011, Case No.: 10CW35, Court: District Court,

Water Division No. 5, State of Colorado. 3.3 Location: In Case No. 98CW292, Sylvan Land & Water, LLC (“Sylvan”) obtained a

decree for two conditional exchanges of water between Sylvan Ditch and Reservoir system (“Sylvan System”) and the “Historical

Headgates” for irrigation of the “Williams Peak Ranch Lands,” all as described in the 98CW292 Decree. Exchange No. 1 involves the

diversion of water from Little Muddy Creek into the Sylvan System and the delivery of such water either directly from the Sylvan

Ditch or from storage in Sylvan Reservoir to the Williams Fork River. The exchange-to points are the Historical Headgates on Battle

Creek, Skylark Creek, and Mule Creek identified in the 98CW292 Decree and described below. The exchange-from point is the

Williams Fork River from the Sylvan Carriage Ditch through one or more tributaries delivering water into the Williams Fork River in

the reach between Section 17, Township 1 South, Range 78 West, 6th

P.M., and extending downstream to Section 1, Township 1

South, Range 79 West, 6th

P.M. (“Exchange-From Reach”). Exchange No. 2 involves the foregoing of diversion of water from Little

Muddy Creek into the Sylvan System and the delivery of said water to the confluence of the Williams Fork River and the Colorado

River. The exchange-to points are the Historical Headgates on Battle Creek, Skylark Creek, and Mule Creek identified in the

98CW292 Decree and described below, and the exchange-from point is the confluence of the Williams Fork River and the Colorado

River. A map showing the general areas of irrigation by exchange is attached as Exhibit A. The locations of the relevant structures

are as follows: Sylvan System Locations: 3.3.1 Sylvan Ditch: Decreed Point of Diversion: West Bank of Little Muddy Creek at a

point whence the Southeast Corner of Section 11, Township 1 South, Range 78 West bears S 27º 33'' E 859 ft. The Sylvan Ditch runs

in a northwesterly direction for 3.3 miles. 3.3.2 Sylvan Reservoir: Located in the S½ of Section 4 and the N½ of Section 9,

Township 1 South, Range 78 West. Historical Headgate Locations: 3.3.3 The headgate of the F.A. Field Ditch located on the west

bank of Skylark Creek at a point whence the SW corner, Sec. 31, T1S, R78W, 6th

P.M., bears S 16º 30' W 1,237.5 ft. Supplemental

legal description: at a point in the SW¼ of the SW¼, Sec. 31, T1S, R78W, 6th P.M., Grand County, Colorado, at a point

approximately 550 feet East of the West line and 4,700 feet South of the North line of said Section 31. 3.3.4 The headgate of the

McCandliss Feeder Ditch located on the east bank of Skylark Creek at a point whence the SW corner of Sec. 31, T1S, R78W, 6th

P.M.,

bears S 74º 29' W 93.4 ft. Supplemental legal description: at a point in the NW¼ of the NE¼, Sec. 12, T2S, R79W, 6th P.M., Grand

County, Colorado, at a point approximately 1,600 feet West of the East line and 1,000 feet South of the North line of said Section 12.

3.3.5 The headgate of the North Skylark Ditch located on the left bank of North Skylark Creek at a point whence the NE corner, Sec.

1, T2S, R79W, 6th

P.M., bears N 54º 25' E 3,053 ft. Supplemental legal description: a point in the NW¼ of the NE¼, Sec. 12, T2S,

R79W, 6th

P.M., Grand County, Colorado, at a point approximately 2,550 feet West of the East line and 200 feet South of the North

line of said Section 12. 3.3.6 The headgate of the South Skylark Ditch located on the right or east bank of South Skylark Creek at a

point whence the NE corner, Sec. 1, T2S, R79W, 6th

P.M., bears N 29º 45' E 2,066 ft. Supplemental legal description: a point in the

NW¼ of the NE¼, Sec. 12, T2S, R79W, 6th P.M., Grand County, Colorado, at a point approximately 1,500 feet West of the East line

and 500 feet South of the North line of said Section 12. 3.3.7 McCandliss Reservoir and Outlet Ditch are located in Section 6, T2S,

R78W, 6th

P.M. 3.3.8 The headgate of the Langholen #1 Ditch located on the north bank of Battle Creek at a point whence the

quarter corner between Section 26 and Section 27, T1S, R79W, of the 6th

P.M., bears S 1º 15' W 280 ft. Supplemental legal

description: a point in the SW¼ of the NW¼, Sec. 26, T1S, R79W, 6th

P.M., Grand County, Colorado, at a point approximately 400

feet East of the West line and 2,250 feet South of the North line of said Section 26. 3.3.9 The headgate of the Langholen #2 Ditch

located on the south bank of Battle Creek at a point whence the quarter corner between Section 26 and Section 27, T1S, R79W, of the

6th

P.M. bears N 19º W 205 ft. Supplemental legal description: a point in the NW¼ of the SE¼, Sec. 26, T1S, R79W, 6th

P.M., Grand

County, Colorado, at a point approximately 10 feet East of the West line and 2,500 feet North of the South line of said Section 26.

3.3.10 The headgate of the Langholen #3 Ditch located on the north bank of Battle Creek whence the quarter corner between Section

26 and Section 27, T1S, R79W, of the 6th

P.M., bears S 74º 40' W 2,217 ft. Supplemental legal description: a point in the SE¼ of the

NE¼, Sec. 26, T1S, R79W, 6th P.M., Grand County, Colorado, at a point approximately 2,400 feet West of the East line and 1,750 feet

South of the North or South line of said Section 26. 3.3.11 The headgate of the Shore #1 Ditch located on the left bank of Battle

Creek whence the E quarter corner of Section 27, T1S, R79W, of the 6th

P.M., bears N 78º 15' E 4,143 ft. Supplemental legal

description: a point in the SW¼ of the SW¼, Sec. 27, T1S, R79W, of the 6th

P.M., Grand County, Colorado, at a point approximately

4,200 feet West of the East line and 1,220 feet North of the South line of said Section 27. 3.3.12 The headgate of Shore #2 and #3

Ditch located on the right bank of north fork of Battle Creek at a point whence the E quarter corner of Section 27, T1S, R79W, of the

6th

P.M., bears N 70º 30' E 2,213 ft. Supplemental legal description: a point in the NE¼ of the SE¼, Sec. 27, T1S, R79W, 6th

P.M.,

Grand County, Colorado, at a point approximately 950 feet West of the East line and 1,320 feet North of the South line of said Section

27. 3.3.13 The headgate of Buehler #1 Ditch located on the north bank of the middle fork of Battle Creek at a point whence the E

quarter corner of Section 27, T1S, R79W of the 6th

P.M., bears N 48º 12' E 3,093 ft. Supplemental legal description: at a point in the

NE¼ of the NW¼, Sec. 34, T1S, R79W, 6th P.M., Grand County, Colorado, at a point approximately 2,400 feet East of the West line

and 10 feet South of the North line of said Section 34. 3.3.14 The headgate of Buehler #2 Ditch located on the east bank of the south

branch of the middle fork of Battle Creek at a point whence the E quarter corner of Section 27, T1S, R79W, of the 6th

P.M., bears N

44º 45' E 3,801 ft. Supplemental legal description: a point in the NE¼ of the NW¼, Sec. 34, T1S, R79W, 6th

P.M., Grand County,

Colorado, at a point approximately 2,525 feet East of the West line and 500 feet South of the North line of said Section 34. 3.3.15

The headgate of Buehler #3 Ditch located on the west bank of the south branch of the middle fork of Battle Creek at a point whence

the E quarter corner of Section 27, T1S, R79W, of the 6th

P.M., bears N 35º 27' E 4,850 ft. Supplemental legal description: a point in

MAY 2017 RESUME


the SE¼ of the NW¼, Sec. 34, T1S, R79W, 6th

P.M., Grand County, Colorado, at a point approximately 2,400 feet East of the West

line and 1,600 feet South of the North line of said Section 34. 3.3.16 The headgate of the Buehler #4 Ditch located on the south bank

of the middle fork of Battle Creek at a point whence the E quarter corner of Section 27, T1S, R79W, of the 6th

P.M., bears N 46º 50' E

5,051 ft. Supplemental legal description: a point in the SE¼ of the NW¼, Sec. 34, T1S, R79W, 6th

P.M., Grand County, Colorado, at

a point approximately 1,500 feet East of the West line and 1,500 feet South of the North line of said Section 34. 3.3.17 Miniat

Reservoir No.1 is located in the N½N½ of Section 34, T1S, R79W, 6th

P.M. 3.3.18 The headgate of the B.W. Field Mule Creek No. 1

Ditch is located on the west bank of the west fork of Mule Creek at a point whence the NW corner, Section 8, T2S, R78W, 6th

P.M.,

bears N 12º 50' E 2,770 ft. 3.3.19 The headgate of the John Shore #1 Ditch is located on the north bank of the west fork of Mule

Creek at a point whence the SE corner of the NE¼ of Section 32, T1S, R78W, 6th

P.M., bears S 25º E 2,200 ft. 3.3.20 The headgate

of the Burtcher Ditch is located on the west bank of Mule Creek at a point whence the SW corner, Section 32, T1S, R78W, 6th

P.M.,

bears N 65º W 1,950 ft. 3.4 Source: The sources of water diverted by exchange are Skylark Creek, Battle Creek, and Mule Creek,

tributary to the Williams Fork River, tributary to the Colorado River. The source of substitute supply is water diverted from or left

undiverted in Little Muddy Creek attributable to the water rights for the Sylvan System as recognized by the decrees entered in Case

No. 183, Grand County District Court, State of Colorado, on August 3, 1911, and Case No. W-676, District Court, Water Division No.

5, State of Colorado, on August 31, 1979, and as changed to include use for augmentation, replacement, and exchange by the

98CW292 Decree. 3.5 Appropriation date: October 16, 1998 3.6 Amount: Exchange No. 1 – 50 c.f.s., conditional. Exchange No.

2 – 76.8 c.f.s., conditional. 3.7 Use of exchanged water: Irrigation, replacement, and exchange for irrigation purposes, recreation,

fish and wildlife and storage for any such beneficial uses. 4. Detailed outline of what has been done toward completion of the

appropriation and application of water to a beneficial use as conditionally decreed: 4.1 In the decree entered in Case No. 10CW35,

Water Division No. 5, on May 10, 2011, the Court found that the Sylvan System, the Historical Headgates, and Exchange Nos. 1 and 2

are all part of Applicant’s integrated water supply system within the meaning of C.R.S. § 37-92-301(4)(b). As such, work on one

feature of Applicant’s system shall be considered in finding that reasonable diligence has been shown in the development of water

rights for all features of the entire system. 4.2 During the May 2011 through May 2017 diligence period, Applicant expended funds

on and performed the following activities related to completing the appropriation of Exchange Nos. 1 and 2: 4.2.1 Applicant retained

engineering consultants and attorneys to assist in the acquisition, operation, maintenance, improvement, and protection of Applicant’s

integrated water supply system. 4.2.2 Applicant obtained a finding of reasonable diligence from the Court in Case No. 11CW154 for

the Sylvan Reservoir, which provides a source of substitute supply for operation of Exchange Nos. 1 and 2. 4.2.3 Applicant

participated and continues to participate in the adjudication of Climax Molybdenum Company’s application in Case No. 12CW176 to

ensure the protection of Applicant’s water rights, including Exchange Nos. 1 and 2. 4.2.4 Applicant obtained a finding of reasonable

diligence from the Court in Case No. 15CW3004 for its Skylark Creek and Battle Creek water rights which are part of Applicant’s

integrated water supply system to supply water to the Williams Peak Ranch. 4.2.5 Applicant maintained, repaired, and improved the

ditches and diversion structures associated with the Historical Headgates listed above. This includes cleaning and general

maintenance of the ditches in order to maintain their carrying capacity and repairing and replacing various headgates at which water is

diverted by exchange pursuant to Exchange Nos. 1 and 2. 4.2.6 Applicant operated, maintained, repaired, and improved the Sylvan

System’s diversion structures, ditches, and dam. This includes cleaning and general maintenance of the ditches in order to maintain

their carrying capacity, inspecting the ditches to ensure the ditches operate properly when in use, reinforcing the Sylvan Ditch

headgate, clearing brush from the face of the dam, and working to implement the emergency plan required by the Colorado Division

of Water Resources. 4.2.7 Applicant negotiated for and obtained a water flowage easement from Grand Creek Ranch LLC, Long

Park LLC, and John H. Coors (“Coors Entities”) allowing Applicant to convey water to the Williams Fork River across the Coors

Entities’ land via the natural channel of Elting Draw. This easement allows Applicant to operate Exchange No. 1 by delivering water

from the Sylvan System to the Williams Fork River via the Elting Draw. 4.2.8 Applicant negotiated for and reserved a water carriage

easement across land Applicant and Applicant controlled or related entities conveyed to Company Ranch LLC. This water carriage

easement allows Applicant to access the conveyed land to construct, operate, maintain, and replace the water carriage system

necessary for operating Exchange No. 1. 4.3 The work performed and actions taken by Applicant during the diligence period

demonstrate Applicant’s continuing intent to develop Exchange Nos. 1 and 2. Applicant has met all applicable standards in

demonstrating reasonable diligence. 5. Claims to make absolute in part: 5.1 Exchange No. 1: 5.1.1 Dates of operation in priority and

application of water diverted by exchange to beneficial use: May 9 through May 18, 2017. 5.1.2 Rate: 10 c.f.s. 5.1.3 Use:

Irrigation, replacement, and exchange for irrigation purposes, recreation, fish and wildlife and storage for such beneficial uses. 5.1.4

Place of Beneficial Use: The Williams Peak Ranch Lands, as described in the 98CW292 Decree. 5.1.5 Evidence that exchange was

operated in priority: As shown by Division of Water Resources records posted online at

http://www.dwr.state.co.us/CDSS/default.aspx?Dataset=Administrative%20Calls&Div=5, there was no call within the Exchange No.

1 exchange reach on the Williams Fork River, Skylark Creek, Battle Creek, or Mule Creek between May 9, 2017 and May 18, 2017.

5.1.6 Description of operation of Exchange No. 1: Between May 9 and May 18, 2017, with the approval of the Water Commissioner

for Water District No. 51, Applicant operated Exchange No. 1 by delivering water from the Sylvan System to the Williams Fork River

at a rate of 10 c.f.s. at the confluence of the Williams Fork River and the Elting Draw, which is located within the Exchange-From

Reach in Section 1, Township 1 South, Range 79 West, 6th P.M., and simultaneously diverting water at a combined rate of up to 10

c.f.s. at a combination of the Historical Headgates. Applicant used the water diverted by exchange to irrigate the Williams Peak

Ranch Lands and to fill McCandliss Reservoir and Miniat Reservoir No. 1 for recreation and fish and wildlife purposes. Applicant

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

MAY 2017 RESUME


also stored the water diverted by exchange in McCandliss Reservoir and Miniat Reservoir No. 1 for irrigation, recreation, and fish and

wildlife purposes. 5.2 Exchange No. 2: 5.2.1 Dates of operation in priority and application of water diverted by exchange to

beneficial use: May 25 and May 26, 2017. 5.2.2 Rate: 20 c.f.s. 5.2.3 Use: Irrigation, replacement, and exchange for irrigation

purposes, recreation, fish and wildlife and storage for such beneficial uses. 5.2.4 Place of Beneficial Use: The Williams Peak Ranch

Lands, as described in the 98CW292 Decree. 5.2.5 Evidence that exchange was operated in priority: As shown by Division of Water

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

was no call within the Exchange No. 2 exchange reach on Little Muddy Creek, the Colorado River, the Williams Fork River, Skylark

Creek, Battle Creek, or Mule Creek on May 25, 2017 and May 26, 2017. 5.2.6 Description of operation of Exchange No. 2: On May

25 and May 26, 2017, with the approval of the Water Commissioner for Water District No. 51, Applicant operated Exchange No. 2 by

foregoing diversion of water from Little Muddy Creek into the Sylvan System at a rate of 20 c.f.s., delivering such water to the

confluence of the Colorado River and the Williams Fork River, and simultaneously diverting water at a combined rate of up to

20 c.f.s. at a combination of the Historical Headgates. Applicant used the water diverted by exchange to irrigate the Williams Peak

Ranch Lands and to fill McCandliss Reservoir and Miniat Reservoir No. 1 for recreation and fish and wildlife purposes. Applicant

also stored the water diverted by exchange in McCandliss Reservoir and Miniat Reservoir No. 1 for irrigation, recreation, and fish and

wildlife purposes. Applicant was operating Exchange No. 2 at the time Applicant verified this Application, and intends to continue to

operate Exchange No. 2 to the extent Exchange No. 2 is in priority and needed to meet the water needs of Williams Peak Ranch. 5.3

Applicant reserves the right to claim to make portions of Exchange Nos. 1 and 2 absolute based on operations that occur during the

pendency and adjudication of this application. 6. Name(s) and address(es) of owner(s) or reputed owners of the land upon which any

new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon

which water is or will be stored, including any modification to the existing storage pool: The structures related to the diversion of the

substitute supplies and the exchange-to points are existing, not new, diversion structures, and there are no plans to modify said

structures at this time. McCandliss Reservoir and Miniat Reservoir No. 1 are located on lands owned by Applicant and/or Applicant

controlled or related entities. Sylvan Reservoir and Sylvan Reservoir dam are located on land owned by: (i) Applicant and/or

Applicant controlled or related entities; (ii) the United States Bureau of Land Management, P.O. Box 68, Kremmling, CO 80459; and

(iii) Gary and Susan Stimac, 31 Frontenanc Way, The Woodlands, TX 77382-2709. In accordance with C.R.S. § 37-92-302(2)(b)(II),

Applicant will provide appropriate notice of this application to these individuals or entities. WHEREFORE, Applicant requests that

the Court enter a decree (i) granting this Application; (ii) finding that Applicant has exercised reasonable diligence in developing and

completing the appropriation of the conditional water rights for Exchange No. 1 and Exchange No. 2 during the diligence period; (iii)

making Exchange Nos. 1 and 2 partially absolute in the amount given in paragraphs 5.1.2 and 5.2.2 above; and (iv) continuing those

portions of Exchange No. 1 and Exchange No. 2 that remain conditional in full force and effect for six years from the month in which

a final decree is entered in this case.






81601.






17CW3130 GARFIELD, MESA AND PITKIN COUNTIES, FOUR MILE CREEK. Application for Change of Water Right and

to Amend Augmentation Plan. Applicant: West Divide Water Conservancy District, P.O. Box 1478, Rifle, CO 81650, c/o Edward B.

Olszewski, Esq., Olszewski, Massih & Maurer, P.C., P.O. Box 916, Glenwood Springs, CO 81602, (970) 928-9100. The Applicant

seeks alternate points of diversion for the Four Mile Canal and Siphon and to amend the plan for augmentation decreed in Case No.

94CW344 (as amended by Case No. 02CW225 and 05CW148), Water Division No. 5, to add additional structures as expressly

contemplated in the original decree, and to identify structures no longer covered by the plan for augmentation. Claim for Change of

Water Right. Structure: Four Mile Intake of the Four Mile Canal and Siphon. Original Decree: 06/20/1958, CA4613, Garfield County

District Court. Legal Description: The point of diversion for the Four Mile Canal and Siphon is located within the SE ¼ of the SE ¼ of

Section 22, T. 7 S., R. 89 W./, of the 6th P.M. at a point 60 feet from the south section line and 150 feet from the east section line.

Source: Four Mile Creek Appropriation Date: 04/22/1957. Amount: 200 c.f.s., conditional. Uses: generation of electric energy,

domestic and municipal, industrial, irrigation and stockwatering. Proposed change: Applicant seeks approval of alternate points of

diversion and places of use for the Fourmile Canal and Siphon at the points of diversions referenced below in the claim to amend plan

for augmentation and incorporated by this reference. The amount of the Fourmile Canal and Siphon right to be changed by this

application is 12.09 cfs. Remarks: All alternate points of diversion and places of use are located in Applicant’s Four Mile Creek

Service Area and are capable of being augmented by the augmentation plan decreed in Case No. 94CW344, as amended by Case Nos.

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

MAY 2017 RESUME


02CW225 and 05CW148. The Fourmile Canal and Siphon water right is a conditional water right that was decreed for use in the

Divide Creek drainage and, therefore, water users diverting from Fourmile Creek below the point at which the Fourmile Canal and

Siphon would divert from Fourmile Creek had no expectation of return flows from the contemplated use of said water right.

Structures under Applicant’s augmentation plan will be permitted to divert as alternate points of diversion for the Fourmile Canal and

Siphon water right only during the non-irrigation season, defined as November 1 through April 30. Such diversions remain subject to

the stipulations, limitations and conditions contained in Case Nos. 94CW344, 02CW225 and 05CW148, Water Division No. 5.

Diversions at the alternate points of diversion will be limited to the amount of water legally and physically available at the original

point of diversion. Applicant will provide detailed accounting of diversions and depletions to the State and Division Engineers as

required by the State and Division Engineers to administer the within change. Measuring devices will be required for all surface and

groundwater diversions. Claim for Amendment to Plan for Augmentation. Structures: All structures listed are on Table 1 filed with the

Application in the following order of information Owner/Address, Contract No., Structure Name, Amount, Case No. Adjudication

Date, Appropriation Date, Depletion Location (A, B, C) (1 Locations: A= Above Atkinson, B = Between Atkinson and Fourmile

Ditches, C = Between Fourmile Ditch and Smart and Green Ditch), Annual Depletions (AF) and EQR’s to be Augmented. New and

Amended Contracts. Holmes, Diane, c/o Crystal Lyons-Bateman, P. O. Box 436, New Castle, CO 81647. FM140918DH(a), Holmes

Spring, N/A, A, 1.89, 3.42; 233 Home Place, LLC, 6967 Trolleyway, Playa Del Rey, CA 90293, FM161117233HP(a), Bershenyi

Spring, 0.15 cfs, 90CW0214, 10/24/1952, 09/01/1914, B, 0.24, 0.43; Patrick, John & Jillene, 103 Ranch Lane, Glenwood Springs, CO

81601, FM170420JJP(a), Patrick Pond, N/A, B,, 0.32, 0.58; Jess Westley, 236 South Oak Way, Glenwood Springs, CO 81601,

FM170420JW(a), Westley Well, 15 gpm, A, 2.21, 4.00; Holmes, Diane, c/o Crystal Lyons-Bateman, P. O. Box 436, New Castle, CO

81647, F150219DH(a), Holmes Well, 15 gpm, A, 0.33, 0.60; Sunlight View Water and Wastewater Company, P. O. Box 1943,

Glenwood Springs, CO 81602, FM940919Z(b)*, Zilm Well #1, Zilm Well #3, 0.1694 cfs, 54 AF, W1804, 81CW0341, 94CW0318,

04CW0187, 12/31/1972, 12/31/1994, 05/04/1972, 12/22/1998, B, 19, 34.42. Cancelled Contracts – EQR’s Removed. Mountain

Properties, LLC (SMP), 3755 Corporate Wood Drive, Vestavia Hills, AL 35242, FM030612SMP(a), Main Well, Ranch Well, 0.11

cfs, 0.55 cfs, A, 1.75, 3.17; Scott B. and Christa M. Hinckley, 4600 Greenville Ave #252, Dallas, TX 75206, FM100819SCH(a),

Hinckley Pump, 15 gpm, A, 2.07, 3.75; Mahan Properties, P.O. Box 3574, South Padre Island, TX 78597, FM040115MP(a), Davies

Well, 15 gpm, A, 0.43, 0.78; C.E. Axthelm Co. and E.R. Axthelm Co., 1338 Grand Avenue, #123, Glenwood Springs, CO 81601,

FM050101AC(a), E.R. Axthelm Well, 30 gpm, B, 0.09, 0.16; Scott and Christa Hinkley, 2120 Clearspring Drive South, Irving, TX

75603, FM060420DCT(a), Townsley Well, 15 gpm, A, 086, 1.56; Libby Shelton, P.O. Box 2634, Glenwood Springs, CO 81602,

FM960909LS(a), Shelton West #1, Shelton West #2, 15 gpm, 15 gpm, B, 0.79, 1.43; Christopher Norris, P.O. Box 979, Makawao, HI

96768, FM991117KG(b), Greene Well, 15 gpm, A, 0.19, 0.35. *Contract amended 7/21/2016, increased from 23 AF to 42 AF. Table

2 Fourmile Creek Augmentation Plan Structure Locations. Zilm Well #1: NW1/4 S3, 7S, 89W, 6th P.M. 1015 ft from North section

line; 2400 from West section line. Zilm Well #3: Alternate point of diversion--Atkinson Ditch. Bershenyi Spring: SE corner of Sec 10,

T7S, R89W of the 6th PM bears S 47 deg 18' East 7208.7 feet. Patrick Pond: NW 1/4 NW 1/4 Section 10, Township 7S, Range 89W,

6th P.M. Westley Well: NE1/4 NE 1/4 Section 22, Township 7S, Range 89W, 6th P.M. 1200 ft from North Section Line, 3900 ft from

West Section Line. Holmes Spring: NW1/4 NE1/4 S34, T7S, R89W, 6th P.M. 742 ft from North; 1494 ft from East. Holmes Well:

NE1/4 S34, T7S, R89 W 6th P.M. 445 ft east of NW1/4NE1/4 section line; 800 ft north of SE1/4NE1/4 section line. Water rights to be

used for augmentation: Ruedi Reservoir, Green Mountain Reservoir, Atkinson Ditch and Zilm Transfer Ditch. A. Ruedi Reservoir. 1)

Source: Frying Pan River, tributary to Colorado River. 2) Legal Description: On-channel reservoir located in Sections 7, 8, 9, 11, and

14 through 18, Township 8 South, Range 84 West, 6th P.M. 3) Adjudication date: 07/20/1958. 4) Appropriation Date: 07/29/1957. 5)

CA4613 6) Garfield County District Court. 7) Decreed Amount: 102,369 acre feet. 8) Uses: Generation of electric energy, domestic,

municipal, piscatorial, industrial, irrigation and stock watering. 9) Remarks: Applicant has an interest in 600 acre feet of water from

Ruedi Reservoir pursuant to contract between Applicant and the Bureau of Reclamation. B. Green Mountain Reservoir. 1) Source:

Blue River, tributary to Colorado River. 2) 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.MN. 3) Adjudication date: October 12, 1955. 4) Appropriation date: 08/01/1935. 5)

Case Nos.: 2782, 5016 and 5017. 6) Court: U.S. District Court, District of Colorado. 7) Decreed Amount: 154,645 acre feet. 8) 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. 9) Remarks: Applicant 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 Applicant and the Bureau of Reclamation. C.

Atkinson Ditch. 1) Source: Fourmile Creek, tributary to the Roaring Fork River. 2) Legal Description: Headgate is located on the East

Bank of Fourmile Creek about three miles from the mouth of said creek. 3) Adjudication date: 05/11/1889 4) Appropriation date:

05/24/1882. 5) C.A. 132. 6) District Court 7) Decreed Amount: 4.0 cfs. (Applicant owns 1.0 cfs of the Atkinson Ditch water right). 8)

Uses: Irrigation and augmentation. D. Zilm Transfer Ditch. 1) Source: Zilm Gulch and return flows from diversions from Fourmile

Creek, tributary to the Roaring Fork River. 2) Legal Description: Diverts from the left bank of Zilm Draw at a point whence the SE

corner of Section 3, T. 7 S., R. 89 W., 6th P.M. bears S. 41 degrees East a distance of 4100 feet. 3) Adjudication date: December 31,

1994. 4) Appropriation date: 06/01/1969. 5) Case No.: 94CW344. 6) Court: Water Division No. 5. 7) Decreed Amount: 2.0 cfs. 8)

Uses: Augmentation. Amendment to Plan for Augmentation. Applicant seeks to amend the plan for augmentation decreed in Case No.

94CW344, Water Division No. 5, as amended by Case Nos. 02CW225 and 05CW148, to add additional structures as expressly

contemplated in the prior decrees. The augmentation plan decreed in Case No. 94CW344 provides a water supply for up to 500

MAY 2017 RESUME


equivalent residential units (EQR) within the Fourmile Creek Basin. Case Nos. 94CW344, 02CW225 and 05CW148 collectively

allocated 437.36 of the 500 EQR, leaving 62.64 EQR available for allocation. For purposes of the augmentation plan, one EQR is

based on the assumption that 3.5 people live in each residence and use 100 gallons per day per capita for in-house use, and that 3500

square feet of lawn and garden will be irrigated at each residence. Case Nos. 94CW344, 02CW225 and 05CW148 recognized that an

EQR may result in up to 0.552 acre feet of annual depletions within the Fourmile Creek watershed. This Amendment to

Augmentation Plan adds structures to be augmented and allocates an additional 43.45 EQR to the augmentation plan. Applicant is also

removing 11.20 EQR from its augmentation plan as the water allotment contracts covering those depletions have been cancelled.

Cancelled contracts are listed on page 2 of Table 1. After this amendment, a total of 469.61 EQRs will be allocated with 30.39

available for future allocation. This Amendment shall be subject to the same terms and conditions and operated in the same manner as

the original augmentation plan decreed in Case No. 94CW344, Water Division No. 5, as amended by Case Nos. 02CW225 and

05CW148. Landowner Notification. Ruedi Reservoir and Green Mountain Reservoir: United States Department of Interior, Bureau of

Reclamation, Eastern Colorado Area Office, 11056 West County Road 18E, Loveland, CO 80537-9711., Atkinson Ditch: C.E.

Axthelm Company, 827 Bennett Ave., Glenwood Springs, CO 81601. Zilm Transfer Ditch: William M. Zilm 0090 Sunlight Drive,

Glenwood Springs, CO 81601. Notices. Per Case No. 94CW344, specific notice of this Application will be provided to Edmund

Prehm, Springridge Place Homeowners’ Association and Lazy Diamond A, or their successors. Per paragraph 15.F. of Case No.

05CW148, notice is hereby given of a selective administration. Applicant and William and Charlotte Zilm stipulated, and the Court

found in Case Nos. 02CW225 and 05CW148, that Zilms agreed to accept monetary compensation pursuant to contract with West

Divide as full compensation for any and all adverse impacts by operation of the West Divide augmentation plan on the Zilms’

hydropower water rights (Atkinson Ditch rights). During the non-irrigation season, when the Zilms’ hydropower rights are the calling

rights on Fourmile Creek, the call shall be selectively administered by the Division Engineer so as to not require the replacement of

depletions occurring above the headgate of the Atkinson Ditch as a result of diversions by structures included in the West Divide plan

for augmentation. The selective administration of the Zilms’ call under their hydropower rights was previously approved by this

Court in Case No. 94CW344, and again confirmed in Case Nos. 02CW225 and 05CW148. Pursuant to §37-92-304(8), C.R.S., the

Division Engineer is required to selectively administer the Zilms’ call as required by the decrees in Case Nos. 94CW344, 02CW225

and 05CW148. As used in this case, the terms “selective administration” and “selectively administer” refer to the practice of

foregoing the administration of the Zilms’ call against specific, junior water rights that are included in the West Divide augmentation

plan while continuing to administer the call against other junior diversions or water rights that are not included in the West Divide

plan. Remarks: Approval of the subject Application for Change of Water Right and to Amend Plan for Augmentation will not result

in injury to any vested or decreed conditional water rights and should be approved by the Court. (12 pages)






81601.





appear to object and protest within the time provided by statute, or be forever barred. 02CW165 Concerning the Application for Amendment to Correct Clerical Error. Applicant: West Divide Water Conservancy

District, P.O. Box 1478, Rifle, CO 81650, c/o Edward B. Olszewski, Esq., Olszewski, Massih & Maurer, P.C., P.O. Box 916,

Glenwood Springs, CO 81602, (970) 928-9100. Applicant seeks to correct clerical errors in its final decree. Applicant filed an

Application for Approval of Plan for Augmentation on 06/27/2002, and a First Amended Application and Claim for Conditional

Appropriative Rights of Exchange on 04/30/2004. The Applications included a legal description for its June Creek exchange that

referenced the incorrect Township and that error carried through to the final decree. Table 1 on page 9 of the Decree states that both

the Lower Terminus and Upper Terminus for the June Creek exchange are located in Township 6. The Lower Terminus is actually

located in Township 7 and the Upper Terminus is actually located in Township 8. All other information in the decree remains the

same. A ruling of referee was entered in this matter on June 26, 2007 and a final decree was entered on October 8, 2007. The ruling

and decree both included the incorrect legal description. The errors were discovered by the Division Engineer’s Office during its

tabulation process and were brought to counsel’s attention on or about 02/23/2017. Applicants simply wish to correct the decree in this

matter to reflect the intent of the Application and correct the clerical error contained in the final decree. The correct description is:

Exchange Reach: June Creek; Lower Terminus: 2130 ft from north section line, 1600 ft from east section line, SE1/4 of NW1/4,

Section 20, Township 7S, Range 91W of the 6th P.M. in Garfield County, Colorado; Upper Terminus: 1980 ft north of the south

section line, 740 ft west of the east section line, NE1/4 of SW1/4, Section 3, Township 8S, Range 91W of the 6th P.M. in

GARFIELD COUNTY, Colorado; Amount: 1.0 cfs. (3 pages)

MAY 2017 RESUME







81601.






17CW3026 EAGLE COUNTY. FRYINGPAN RIVER. Meredith Long, c/o Rhonda J. Bazil, P.C., Rhonda J. Bazil, Esq., 420 E.

Main Street, Suite 240, Aspen, CO 81611. (970) 925-7171. FIRST AMENDED APPLICATION FOR CONDITIONAL

UNDERGROUND WATER RIGHT, ALTERNATE POINT OF DIVERSION, AND APPROVAL OF PLAN FOR

AUGMENTATION. Applicant hereby amends the original application as provided below. Paragraph 2.D. is amended to read as

follows: Date of appropriation: January 31, 2017. Paragraph 2.E. is amended to read as follows: How appropriation was initiated:

Field inspection, survey, and formulation of intent to apply water to beneficial use, and filing of this application. Paragraph 2.G.i is

amended as follows: Amount claimed: 0.111 c.f.s., conditional, cumulative between the Hamby Pond Well and the Hamby Irrigation

Diversion. Paragraph 2.G.ii is amended to read as follows: Amount claimed in acre-feet annually: 7.2 acre-feet cumulative between

the Hamby Pond Well and the Hamby Irrigation Diversion. Paragraph 5.C is amended to read as follows: Date of appropriation:

January 31, 2017. Paragraph 5.C.i is amended to read as follows: How appropriation was initiated: Field inspection, survey, and

formulation of intent to apply water to beneficial use, and filing of this application. Paragraph 5.C.ii is amended to read as follows:

Date water applied to beneficial use: N.A. Paragraph 5.D is amended to read as follows: Amount claimed: 0.111 c.f.s., conditional,

cumulative between the Hamby Pond Well and the Hamby Irrigation Diversion, with an annual limit of 7.2 acre-feet. Applicant also

amends the requested augmentation plan to include an appropriative right of exchange as shown in the Fourth Claim below.

FOURTH CLAIM: CONDITIONAL APPROPRIATIVE EXCHANGE. Name of structure: Hamby Exchange. Location:

Upstream termini: Hamby Pond Well: As described in the original application at Paragraph 2.A. Hamby Irrigation Diversion: As

described in the original application at Paragraph 5.A. Downstream Termini: For exchange of Green Mountain Reservoir water: The

confluence of the Roaring Fork and Colorado Rivers: Located in the SE ¼, NW ¼ of Sec. 9, T. 6 S., R. 89 W., 6th

P.M., at a point

approximately 2,200 feet from the north section line and 2,350 feet from the west section line. For exchange of Ruedi Reservoir and/or

Troy and Edith Ditch water: The confluence of the Roaring Fork and Fryingpan Rivers: Located in the SW ¼, SE ¼, Sec. 7, T. 8 S., R.

86 W., 6th

P.M., 647 feet from the south section line and 1,475 feet from the east section line. For exchange of Robinson Ditch water:

The point of diversion for the Robinson Ditch on the Roaring Fork River, located in the NW ¼, SE ¼, Sec. 11, T. 8 S., R. 87 W., 6th

P.M., 2,307 feet from the south section line and 2,309 feet from the east section line. Sources: A Basalt Water Conservancy District

Contract for 7.2 acre-feet utilizing the Green Mountain Reservoir, Ruedi Reservoir, Troy and Edith Ditch, and Robinson Ditch water

rights. See the original application for descriptions of these water rights. Appropriation date: May 24, 2017. How was the

appropriation initiated: By field inspection, survey, formulation of intent to appropriated the exchange, and the filing of this Amended

Application. Date applied to beneficial use: N.A. Rate: 0.111 c.f.s. Volume: 7.2 acre-feet. Operation plan: The augmentation plan

requested in the original application is amended to include this appropriative right of exchange of the augmentation water released

pursuant to the Applicant’s Basalt Water Conservancy District Water Allotment Contract, extending from the upper and lower termini

described above. Applicant shall operate the exchange only when it is in priority. No injury: No owner or person entitled to use water

under a vested water right or a decreed conditional water right will be injured by the approval of the plan for augmentation or

exchange.






81601.






17CW3027 EAGLE COUNTY. FRYINGPAN RIVER. Meredith Long, c/o Rhonda J. Bazil, P.C., Rhonda Bazil, Esq., 420 E. Main

Street, Suite 240, Aspen, CO 81611, (970) 925-7171. FIRST AMENDED APPLICATION FOR CONDITIONAL UNDERGROUND

MAY 2017 RESUME


WATER RIGHT AND APPROVAL OF PLAN FOR AUGMENTATION AND EXCHANGE. Applicant hereby amends the original

application as provided below. Paragraph 2.D. is amended to read as follows: Date of appropriation: January 31, 2017. Paragraph 2.E.

is amended to read as follows: How appropriation was initiated: Field inspection, survey, and formulation of intent to apply water to

beneficial use, and filing of this application. Applicant also amends the requested augmentation plan to include an appropriative right

of exchange as shown in the Third Claim below. THIRD CLAIM: CONDITIONAL APPROPRIATIVE EXCHANGE. Name of

structure: Long Exchange. Location: Upstream terminus: Long Irrigation Well as described in the First Claim of the original

Application. Downstream Termini: For exchange of Green Mountain Reservoir water: The confluence of the Roaring Fork and

Colorado Rivers: Located in the SE ¼, NW ¼ of Sec. 9, T. 6 S., R. 89 W., 6th P.M., at a point approximately 2,200 feet from the north

section line and 2,350 feet from the west section line. For exchange of Ruedi Reservoir and/or Troy and Edith Ditch water: The

confluence of the Roaring Fork and Fryingpan Rivers, located in the SW ¼, SE ¼, Sec. 7, T. 8 S., R. 86 W., 6th P.M., 647 feet from

the south section line and 1,475 feet from the east section line. For exchange of Robinson Ditch water: The point of diversion for the

Robinson Ditch on the Roaring Fork River, located in the NW ¼, SE ¼, Sec. 11, T. 8 S., R. 87 W., 6th P.M., 2,307 feet from the south

section line and 2,309 feet from the east section line. Sources: A Basalt Water Conservancy District Contract for 2.7 acre-feet utilizing

the Green Mountain Reservoir, Ruedi Reservoir, Troy and Edith Ditch, and Robinson Ditch water rights. See the original application

for descriptions of these water rights. Appropriation date: May 31, 2017. How was the appropriation initiated: By field inspection,

survey, formulation of intent to appropriated the exchange, and the filing of this Amended Application. Date applied to beneficial use:

N.A. Rate: 0.067 c.f.s., conditional. Volume: 2.7 acre-feet. Operation plan: The augmentation plan requested in the original

application is amended to include this appropriative right of exchange of the augmentation water released pursuant to the Applicant’s

Basalt Water Conservancy District Water Allotment Contract, extending from the upper and lower termini described above. Applicant

shall operate the exchange only when it is in priority. No injury: No owner or person entitled to use water under a vested water right or

a decreed conditional water right will be injured by the approval of the plan for augmentation or exchange.






81601.






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

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

LLC; FLYING FINGER LLC; AND CAROLINE APTS. CO. IN GARFIELD COUNTY, COLORADO. FIRST AMENDED

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

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

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

Street, Boulder, Colorado 80302. 2. Overview: Applicants filed the original application in this matter on April 27, 2017. This

amended application is intended to supersede and replace the original application. Applicants seek a finding of a reasonable diligence

on the water rights associated with the Lookout Mountain Ranch Development. The Applicant’s predecessor in interest conveyed the

water rights that are the subject of this Application to the Basalt Water Conservancy District (“BWCD”) via Special Warranty Deed

recorded on June 14, 2004 and entered a long-term lease with the BWCD dated June 17, 2004, in order to secure an interest in said

water rights. The long-term lease requires Applicants to maintain diligence on the conditional water rights claimed herein. 3.

Description of the Storage Water Rights: 3.1 Lookout Mountain Ranch Pond No. 1. A. Original Decree: Lookout Mountain Ranch

Pond No. 1 was decreed by the District Court in and for Water Division No. 5 in Case No. 98CW300, dated May 19, 2004. B.

Diligence Decree: A subsequent decree awarding a finding of reasonable diligence was awarded in Case No. 10CW144, entered April

3, 2011. C. Decreed Location: The center of the dam for Pond No. 1 is located in the NW 1/4 of the NE 1/4 of Section 23, T. 6 S., R.

89 W. of the 6th P.M. at a point 1675 feet from the East Section line and 290 feet from the North Section line. D. Source: Red

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

and Pipeline First Enlargement. E. Appropriation Date: December 31, 1998. F. Amount: 17.8 acre-feet, conditional. G. Uses:

Domestic, augmentation, storage, irrigation, and fill and refill. 3.2 Lookout Mountain Ranch Pond No. 2. A. Original Decree:

Lookout Mountain Ranch Pond No. 2 was decreed by the District Court in and for Water Division No. 5 in Case No. 98CW300, dated

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

10CW144, entered April 3, 2011. C. Decreed Location: The center of the dam for Pond No. 2 is located in the SE 1/4 of the NW 1/4

of Section 24, T.6 S., R 89 W. of the 6th P.M. at a point 2300 feet from the West Section line and 1800 feet from the North Section

MAY 2017 RESUME


line. D. Source: Red Canyon Creek, tributary to the Roaring Fork River, tributary to the Colorado River via diversions under the Red

Ditch Pump and Pipeline First Enlargement. E. Appropriation Date: December 31, 1998. F. Amount: 6.7 acre-feet, conditional. G.

Uses: Domestic, augmentation, storage, irrigation, and fill and refill. 3.3 Lookout Mountain Ranch Pond No. 3. A. Original Decree:



10CW144, entered April 3, 2011. C. Decreed Location: The center of the dam for Pond No. 3 is located in the NE 1/4 of the SE 1/4 of

Section 23, T.6 S., R. 89 W. of the 6th P.M. at a point 585 feet from the East Section line and 2450 feet from the South Section line.

D. Source: Red Canyon Creek, tributary to the Roaring Fork River, tributary to the Colorado River via diversions under the Red Ditch

Pump and Pipeline First Enlargement. E. Appropriation Date: December 31, 1998. F. Amount: 6.1 acre-feet, conditional. G. Uses:




10CW144, entered April 3, 2011. C. Decreed Location: The center of the dam for Pond No. 4 is located in the NE 1/4 of the SE 1/4 of

Section 23, T.6 S., R. 89 W. of the 6th P.M. at a point 1010 feet from the East Section line and 2400 feet from the South Section line.

D. Source: Red Canyon Creek, tributary to the Roaring Fork River, tributary to the Colorado River via diversions under the Red Ditch

Pump and Pipeline First Enlargement. E. Appropriation Date: December 31, 1998. F. Amount: 7.0 acre-feet, conditional. G. Uses:




10CW144, entered April 3, 2011. C. Decreed Location: The center of the dam for Pond No. 5 is located in the NW 1/4 of the SE 1/4

of Section 23, T.6 S., R 89 W. of the 6th P.M. at a point 1525 feet from the East Section line and 2380 feet from the South Section







of Section 23, T. 6 S., R. 89 W. of the 6th P.M. at a point 1970 feet from the East Section line and 2364 feet from the South Section







of Section 23, T. 6 S., R. 89 W. of the 6th P.M. at a point 2280 feet from the East Section line and 2290 feet from the South Section






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

center of the dam for Pond No. 8 is located in the SW 1/4 of the SE 1/4 of Section 23, T. 6 S., R. 89 W. of the 6th P.M. at a point

1,775 feet from the East Section line and 1,249 feet from the South Section line. D. Source: Red Canyon Creek, tributary to the

Roaring Fork River, tributary to the Colorado River via diversions under the Red Ditch Pump and Pipeline First Enlargement. E.

Appropriation Date: December 31, 1998. F. Amount: 4.3 acre-feet, conditional. G. Uses: Domestic, augmentation, storage, irrigation,

and fill and refill. 5. Description of the Surface Water Right: A. Original Decree: The Red Ditch Pump and Pipeline, First

Enlargement was decreed by the District Court in and for Water Division No. 5 in Case No. 98CW300, dated May 19, 2004. B.

Diligence Decree: A subsequent decree awarding a finding of reasonable diligence was awarded in Case No. 10CW144, entered April

3, 2011. C. Decreed Location: Pursuant to the change in legal description decreed in Case No. 11CW2, the point of diversion for the

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

P.M. at a

point 1,103 feet from the East Section line and 2,677 feet from the South Section line. D. Source: Red Canyon Creek, tributary to the

Roaring Fork River and tributary to the Colorado River. E. Appropriation Date: December 31, 1998. F. Amount: 3.0 c.f.s.,

conditional. G. Decreed Uses: Domestic, augmentation, storage, irrigation, and fill and refill of the Lookout Mountain Ranch Pond

Nos. 1-8. 6. Work Done to Complete Project and Apply Water to Beneficial Use: The subject water rights will be an essential aspect

of the water supply system for the Lookout Mountain Ranch, a development to be located in Garfield County, Colorado. Development

of the Ranch has been slowed due to unfavorable market conditions, however Applicants remain committed to the project and will

require all the decreed water rights to achieve the full development of the property. During the subject diligence period since the final

decree was entered in Case No. 10CW144, Applicants have undertaken the following specific activities that demonstrate diligence

MAY 2017 RESUME


with regard to the subject conditional rights: Applicants adjudicated a change in the location of the Red Ditch Pump and Pipeline, First

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

Pipeline in Case No. 13CW3017 and obtained a finding of reasonable diligence for same in Case No. 13CW3018; Applicants retained

attorneys to oversee matters including water right issues arising from the purchase and development of the Lookout Mountain Ranch;

Applicants have paid annually for their water allotment contract from the Basalt Water Conservancy District, and anticipate using the

water service provided under this contract as the property is developed; Applicants have continued to satisfy preconditions to

developing Lookout Mountain Ranch including working with local governments on obtaining necessary infrastructure approvals,

investigating development strategies, and meeting with an engineering firm to move forward with roadway studies and analysis. All of

the above-described activities are necessary preconditions to apply the subject water rights to the beneficial uses for which they are

decreed. Applicants fully intend to develop and utilize the subject conditional water rights to the full decreed amounts and have no

intention of abandoning the subject water rights. 7. Ownership: Applicants own the land upon which the Lookout Mountain Ranch

Pond Nos. 1-8 are located. The Red Ditch Pump and Pipeline, First Enlargement is located on land owned by Wayne Rudd, 132 Park

Avenue, Basalt, CO 81621. (8 pages + exhibits)






81601.

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