division 5 water court- november 2015 resume 1. … · division 5 water court- november 2015 resume...

DIVISION 5 WATER COURT- NOVEMBER 2015 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 NOVEMBER 2015. 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.

15CW13 MESA COUNTY-UNNAMED TRIBUTARY TO THE COLORADO RIVER. Marcia Dyer; 3338 C Rd., Palisade, CO

81526 (970) 216-8129. Impala Springs Pump and Impala Springs Pond- Application for Absolute Water Rights (Surface) and a

Conditional and Absolute Water Storage Right. Locations: Impala Springs Pump-SE¼NW¼ of Sec. 24, T.1S, R.1E. of the Ute P.M.

1,307 from the north sec. line and 2,301 ft. from the west sec. line. Impala Springs Pond-SE¼NW¼ of Sec. 24, T.1S, R.1E. of the Ute

P.M. 1, 295 from the north sec. line and 2,292 ft. from the west sec. line. Appropriation: Impala Springs Pump-Sept. 14, 2004; Impala

Springs Pond-Sept. 2004. Amounts and Uses: Impala Springs Pump-0.2 c.f.s., absolute for irrigation, wildlife, fire protection, fishery

and stock water; Impala Springs Pond-1.75 a.f., conditional and 0.07 a.f., absolute for wildlife, fishery, storage, fire protection,

irrigation and stock water. (28 pgs).

YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JANUARY 2016 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.






15CW3106 Board of County Commissioners for County of Grand, Colorado (“Grand County”), c/o County Manager, P.O. Box

264, Hot Sulphur Springs, CO 80451, [email protected], (970) 725-3347. Please direct communications regarding this case to:

David C. Taussig, Mitra M. Pemberton, Courtney J. Krause, WHITE & JANKOWSKI, LLP, Attorneys for Applicant, 511 Sixteenth

Street, #500, Denver, Colorado 80202, Tele: (303) 595-9441. APPLICATION FOR CHANGES OF CONDITIONAL WATER

RIGHTS AND AMENDMENT OF PLAN FOR AUGMENTATION, Grand County. 2. Overview of Application: Grand

County began operating the Granby Landfill in May 1976. The Granby Landfill is shown on the map attached as Exhibit 1. On behalf

of Grand County, the Middle Park Water Conservancy District (“Middle Park”) adjudicated conditional water rights for the Landfill

Well No. 1 for 15 gallons per minute and a plan for augmentation including an appropriative right of exchange (“Landfill Exchange”)

in a decree entered October 5, 2008 in Case No. 06CW217, Water Division 5 (“Original Decree”). Middle Park conveyed the Landfill

Well No. 1 and the Landfill Exchange (collectively “Landfill Water Rights”), along with the plan for augmentation to Grand County

by a deed recorded October 27, 2008. In Case No. 14CW3116, Water Division 5, the court made a finding of reasonable diligence and

continued the conditional water rights for the Landfill Water Rights, except that 5 gallons per minute (“gpm”) of the Landfill Well No.

1 was relinquished to the stream leaving 10 gpm, conditional, for this water right. The Granby Landfill has experienced subsidence

and accordingly was officially closed in June 2010, which in turn has prompted the need for changes of the Landfill Water Rights and

the augmentation plan associated with the Granby Landfill. Grand County seeks to change the type and place of use of the Landfill

Water Rights to conform to the anticipated uses due to closure of the landfill site. Based on future operations under the amended

augmentation plan, Grand County seeks changes in the rate and amount of the Landfill Water Rights under terms to prevent an

enlarged use and prevent injury to other water users. Finally, Grand County seeks amendments to the augmentation plan to simplify

the calculations of depletions and accounting procedures set forth in the Original Decree and instead provide for one-for-one

replacement of diversions. Grand County intends to use the Landfill Water Rights as a multi-purpose water supply for a variety of uses

throughout the County, and in doing so, replace each gallon diverted with a gallon of water under its Middle Park contract, up to a

maximum of 15 acre-feet per year. CHANGE OF CONDITIONAL WATER RIGHTS. 3. Decreed name of structures for which

change is sought: Landfill Well No. 1 and Landfill Exchange. 4. Description of Conditional Water Rights including information

from Previous Decrees: a. Landfill Well No. 1: i. Date of Original Decree: October 5, 2008, Case No. 06CW217, Water Division 5.

ii. Subsequent Decree: July 14, 2015, Case No. 14CW3116, Water Division 5. iii. Appropriation Date: January 23, 2006. iv. Uses:

Commercial uses, including vehicle cleaning, indoor drinking and sanitary, and commercial cleaning. v. Depth: 150 feet. vi. Source:

Ground water from unconsolidated sand and gravel and from bedrock formations, hydraulically connected to the Coyote Creek,

tributary to the Colorado River. vii. Amount: 15 gpm (0.033 cubic feet per second (“cfs”)), conditional, and the annual appropriation

for Landfill Well No. 1 was not to exceed 0.3 acre-feet. Case No. 14CW3116 reduced the decreed amount to 10 gpm, conditional. viii.

Point of Diversion: Located in NW1/4 SE1/4 of Section 23, T2N, R77W of the 6th P.M., 1,701 feet from the South line of said

Section 23 and 1,715 feet from the East line of said Section 23, Grand County, Colorado, as shown on the map attached as Exhibit 1.

ix. Historic Use: The water rights to be changed are conditional. Therefore, there are no records of actual diversion. b. Landfill

Exchange: i. Exchange Reach: The exchange reach of this exchange is shown on the map attached as Exhibit 2. 1. Upstream

Terminus: The point of diversion for the Landfill Well No. 1 is in the NW1/4 SE1/4 of Section 23, T2N, R77W of the 6th P.M., 1,701

feet from the South line of said Section 23 and 1,715 feet from the East line of said Section 23. 2. Downstream Terminus: Colorado

NOVEMBER 2015 RESUME

WATER DIVISION 5 PAGE 2

River to a point where releases from Wolford Mountain Reservoir meet the Colorado River (confluence of the Muddy Creek with the

Colorado River). Releases from Wolford Mountain Reservoir meet the Colorado River in the NW1/4 NE1/4 of Section 19, T1N,

R80W, of the 6th P.M., at a point approximately 2,000 feet from the East line of said Section 19 and 200 feet from the North line of

said Section 19. ii. Date of Appropriation: January 23, 2006. iii. Exchange Rate: 0.1 acre-feet per year, or approximately 0.00014 cfs

(0.061 gpm). iv. Place of Use: The Landfill Property shown on Exhibit 1. v. Source of Exchange: As described in paragraph 5 of the

Original Decree, Grand County has a right for stored water in Granby Reservoir or Wolford Mountain Reservoir pursuant to a Water

Allotment Contract with Middle Park Water Conservancy District. 5. Proposed Changes: The Applicant proposes to change the

Landfill Well No. 1 and the Landfill Exchange as follows: a. Change of Type of Use: From “commercial uses, including vehicle

cleaning, indoor drinking and sanitary, and commercial cleaning” to all beneficial uses including but not limited to, domestic,

industrial, fire-fighting, stock watering, commercial, municipal, irrigation, augmentation, exchange and substitution, storage, and

replacement, dust suppression, water for bike trails, including pumping from the well to fill trucks for transportation to other locations

in the County. b. Alternate Place of Use: In addition to use at Granby Landfill, the water diverted pursuant to Landfill Water Rights

will be used throughout the County including filling trucks to transport the water to other locations where the water is needed. c.

Change in Rate and Amount: From 0.061 gpm for the Landfill Exchange, 0.1 acre-feet per year for the Landfill Exchange, and 0.3

acre-feet per year for the Landfill Well No. 1 to 10 gpm for the Landfill Exchange and a maximum of 15 acre-feet per year combined

under the Landfill Water Rights. To prevent an enlarged use of the conditional water rights and prevent injury to other water users,

Applicant proposes that all 10 gpm up to 15 acre-feet per year of the Landfill Water Rights will be administered under an effective

appropriation date of November 2, 2015 with an adjudication date of December, 31 2015 which will also allow for ease in

administration and as a result of the amendments to the augmentation plan for a one-for-one replacement described below.

AMENDMENT TO PLAN FOR AUGMENTATION. 6. Names of Structures to Be Augmented: Landfill Well No. 1 and

Landfill Exchange, which are described in paragraph 4 above. The Landfill Well No. 1 has been issued well permit number is 68905-

F. 7. Summary of Amendments to Plan for Augmentation: When the Original Decree was obtained, the Granby Landfill was an

active facility and the anticipated augmented uses of the well associated with the landfill were for vehicle cleaning, indoor drinking

and sanitary use, emergency eye wash station, and commercial cleaning. The Original Decree contained detailed estimates of the

depletions associated with those uses. Because of the closure of the Granby Landfill those uses are obsolete. Instead, Grand County

seeks to simplify the calculations of depletions and accounting procedure set forth in the Original Decree. Instead of calculating the

depletions, Grand County seeks an amendment that will replace 100% of the diversions made under the Landfill Water Rights with

water it is entitled to from Granby Reservoir and Wolford Mountain described below in paragraph 8. 8. Water rights to be used for

augmentation, substitution, replacement, and exchange: a. Middle Park Water from Granby Reservoir: Grand County has the right

to use some of the water stored in Granby Reservoir pursuant to a water allotment contract for 15 acre-feet per year with Middle Park.

This water is a portion of the 3,000 acre-feet which the Municipal Subdistrict, Northern Colorado Water Conservancy District has

agreed to annually place in storage in Granby Reservoir, which is located on the Colorado River upstream from the confluence of the

Fraser and Colorado Rivers in Grand County, Colorado. Additional provisions of this agreement are outlined in the Agreement

Concerning the Windy Gap Project and the Azure Reservoir and Power Project, dated and signed April 30, 1980 and approved by

Water Court, Water Division No. 5, Civil Action 1768, by Interlocutory Decree dated October 27, 1980, and Supplement to

Agreement of April 30, 1980, dated March 29, 1985, and duly decreed in Case No. 85CW135, and further described in the Windy Gap

Firming Project Intergovernmental Agreement dated January 2, 2013. b. Middle Park Water from Wolford Mountain Reservoir: As an

alternate source of supply, Grand County may utilize a portion of the storage right located at Wolford Mountain Reservoir, as

adjudicated in Case No. 87CW283, decree entered November 20, 1989, District Court, Water Division No. 5. Middle Park Water

Conservancy District has an interest in 3,000 acre-feet of this Wolford Mountain water by virtue of an agreement between the

Colorado River Water Conservation District, the Board of County Commissioners of Grand County, and the Middle Park Water

Conservancy District, dated December 17, 1992. The legal description of the place of storage is: Wolford Mountain Reservoir, the

dam of which is located in the SW 1/4 NE 114 of Section 25, Township 2 North, Range 81 West of the 6th

P.M. c. Other Replacement

Supplies: Grand County may also lease or use other replacement supplies that are acceptable to the Division Engineer, including

temporary supplies pursuant to C.R.S.§ 37-92-305(8). 9. Historical Use of Replacement Supplies: The augmentation water which is

in storage as described in paragraph 8 is decreed for augmentation/exchange and is not being changed as part of this case. Applicant

does not have access to historical use records for this water. 10. Statement of Amended Plan for Augmentation: Under the amended

augmentation plan/exchange, Grand County will measure the amount of water diverted through the Landfill Well No. 1 with a

totalizing flow meter. For each gallon of water pumped, a gallon of water will be replaced to the Colorado River using the sources

described in paragraph 8 in amounts and at times as determined by the Division Engineer to prevent injury to senior downstream water

rights. This release will be coordinated with Middle Park and may be aggregated as determined by Middle Park and the Division

Engineer. The full rate of diversion of 10 gpm up to 15 acre-feet per year will be administered under an effective appropriation date of

November 2, 2015 and an adjudication date of December 31, 2015. 11. Name and address of owners of land on which structures

are or will be located: Grand County, owns the land upon which the Landfill Well No. 1 is located. The changes and amendments do

not propose to modify any existing diversion or storage structures. (7 pages, 2 exhibits)








CO 81601.






15CW3107 GUNNISON COUNTY. CRYSTAL RIVER, TRIB. TO THE ROARING FORK RIVER, TRIB. TO THE

COLORADO RIVER. Application for Surface Water Right, Water Storage Right and Approval of Plan for Aug. Including Approp.

Right of Exchange. Applicants: Michael Dalton and Suzanne Dalton, Mary McMahon, c/o Balcomb & Green, PC, PO Drawer 790,

Glenwood Springs, CO 81602; 970-945-6546. Summary: This Application requests confirmation of a cond. water storage right to fill

from the Crystal River and springs and seeps located on Applicants’ property. Applicants also request a plan for aug. and Approp.

right of exchange to replace out-of-priority evap. depletions from the pond during times of a call on the Colorado River. In the event

of a local call on the Crystal River, the claimed water rights will be administered in priority or water will be allowed to flow through

the pond and back to a pt. at or above the pt. of diversion together with an Amt. to cover any evap. depletions. A map showing the

location of the structures is attached to Application as Figure 1. Applicants request confirmation of a cond. water storage right for the

Gordon Pond as described as follows: Reservoir: Gordon Pond. Location: SE¼ SW¼ of Sec. 21, T. 11 S., R. 88 W., 6 P.M. 909 ft.

from the S. Sec. line and 1,771 ft. from the W. Sec. line. The Gordon Pond is filled from a surface diversion and from surface runoff,

surface springs and seeps. Ditch: Gordon Pump and Pipeline with a capacity of 0.5 cfs. Pt. of Diversion: SE¼ SW¼ of Sec. 21, T. 11

S., R. 88 W., 6 P.M. 1,082 ft. from the S. Sec. line and 1,905 ft. from the W. Sec. line. Date of Approp.: 8/17/2015. How initiated:

Field inspection, survey and formulation of intent to apply water to beneficial use. Amt. claimed: 6.5 AF, with right to fill and refill in

priority; The rate of diversion to fill the Gordon Pond is 0.5 cfs.; Surface area: 0.54 acre. Ht. of dam: less than ten ft., the pond will be

partially excavated. Use: Aesthetics, rec., pisc. and fire prot. Remarks: The Gordon Pond will be constructed with a low level outlet to

allow for releases to be made consistent with the plan for aug. described below. In addition, the pond will be constructed in a manner

that it will not intercept groundwater. Applicants request Approval of Plan for Aug. consistent with the engineering letter report

attached as Exhibit A to Application and described as follows. Structures to be Augmented: Gordon Pond described above. Water

Rights to be used for Aug.: Applicant has applied for a water supply contract with the Colorado River Water Cons. Dist. for delivery

of up to 1.1 AF of aug. supplies using the following water rights: Wolford Mountain Reservoir and Ruedi Reservoir. These water

rights are described in greater detail in the Application or are available at www.coloradoriverdistrict.org/district-buisness/water

marketing. Statement of Plan for Aug.: This plan for aug. replaces the out-of-priority evap. depletions from the Gordon Pond

described above. The plan considers calls from water rights on the Colorado River and the Crystal River that are senior to the water

rights claimed herein. Depletions. The Gordon Pond and assoc. water features have a surface area of 0.540 acres. Applicants’

engineers calculated the gross annual evap. from the Gordon Pond using NOAA Technical Report NWS 33, Evap. for the Contiguous

48 United States using the isopleths of annual shallow lake evap. for the State of Colorado. Gross annual evap. was distributed on a

monthly basis according to the General Guidelines for Substitute Water Supply Plans for Sand and Gravel Pits Submitted to the State

Engineer Pursuant to SB-120 & SB93-260. For purposes of this plan, evap. is assumed to occur only when the average daily

temperature is greater than 32 degrees Fahrenheit. Gross evap. is calculated at 37.0 inches and is not adjusted for effective

precipitation. Total annual evap. is estimated at 1.456 AF as follows:

March April May June July Aug. Sept. Oct. Nov. Total

0.029 0.150 0.208 0.258 0.266 0.216 0.183 0.125 0.020 1.456

*All numbers in AF/month. Colorado River Call. Out-of-priority evap. depletions from the subject water rights will be replaced

using Applicant’s Colorado River Water Cons. Dist. water allotment contract. This will allow the Gordon Pond to stay full during

times of a call and to receive freshening flows from the Crystal River. Anticipated releases using Applicant’s BWCD Water

Allotment Contract are as follows:


(1) 0 7 7 14 31 31 30 31 7 158

(2) 0 0.038 0.052 0.132 0.293 0.238 0.201 0.137 0.005 1.098

*All numbers in AF/month. (1) Assumed dry year call on the Colorado River based on hist. call data. (2)Storage release in AF/month

based on total depletions multiplied by the number of days of call then divided by the number of days in the month multiplied by 1.1

for 10 percent transit loss. Local Call. In the event of a local call on the Crystal River Creek, Applicant will either cease diversions by

http://www.coloradoriverdistrict.org/district-buisness/water



the Gordon Pump and Pipeline or continue diversions and flow the diverted water through the pond together with releases from the

Gordon Pond to a pt. at or above the Gordon Pump and Pipeline commensurate with the evap. depletions from the Gordon Pond.

When this right is not in priority due to such a call, evap. from the Gordon Pond will cause the water level to drop. Anticipated

releases from storage in the Gordon Pond during times when the Crystal River is under administration and diversions are being made

into the Gordon Pond are as follows:


(1) 0 30 31 30 31 31 30 31 30 244

(2) 0 0.15 0.21 0.26 0.27 0.22 0.18 0.12 0.02 1.43

*All numbers in AF/month. (1) Assumed dry year call on the Crystal River based on hist. call data. (2) Storage release in AF/month

based on total depletions multiplied by the number of days of call then divided by the number of days in the month. Evap. depletions

and reservoir releases from the Gordon Pond will cause the reservoir level to drop as shown in the following table measured in ft.


0 0.28 0.39 0.48 0.49 0.40 0.34 0.23 0.04 2.64

Applicants request approval of an Approp. Right of Exchange: Name of Exchange: Gordon Exchange. Upstream Terminus: Pt. of

Depletion on Crystal River from Gordon Pond, County: Gunnison SE¼ SW¼, Sec. 21, T. 11 S., R. 88 W., 6 P.M. 648 ft. from the S.

Sec. line and 2,550 ft. from the W. Sec. line. Downstream Terminus: Varies depending upon source of aug. supply: For releases from

Wolford Mountain Reservoir, the confluence of the Colorado River and the Roaring Fork River. For releases from Ruedi Reservoir,

the confluence of the Roaring Fork River and Fryingpan River. Amt.: 0.013 cfs, cond. Date of Approp.: 8/17/2015. How initiated:

Field inspection, survey and formulation of intent to apply water to beneficial use. Name and address of the owner upon which any

new structure will be located: Applicants. (23 pgs).






CO 81601.






15CW3108 GARFIELD COUNTY, COLORADO RIVER, Town of Silt, Colorado, c/o Town Administrator, P.O. Box 70, Silt, CO

81625; Michael J. Sawyer, Esq., and Patrick L. Barker, Esq., Karp Neu Hanlon, P.C., 201 14th Street, Suite 200,Glenwood Springs,

CO 81601. Application to Make Conditional Water Rights Absolute, and Absolute in Part, and Application for Finding of

Reasonable Diligence. First Claim: Make Surface Water Right Absolute. Silt Pipeline. Date of original decree: 3/28/1940, in

CA 3322, Garfield County District Court. Subsequent diligence decrees: W-120, W-120-74, W-120-78, 82CW130, 86CW143,

90CW121, 96CW145, 03CW048, 06CW204, and 14CW3104, Division 5. Location: Alternate Point - Case No. 85CW195: A point in

the SE¼NE¼ of Sec. 10, Twp. 6 S, R 92 W, 6th

P.M. at a point whence the NE corner of said Sec. 10 bears N. 17º54’32’’ W. 2,471.20

ft. Alternate point - Case No. 05CW19: A point in the S½NE¼ of Sec. 9, Twp. 6 S, R 92 W, 6th

P.M., whence the NE corner of said

Sec. 9 bears N. 35º41’37’’ E. a distance of 2,620.27 feet and the SE corner of said Sec. 9 bears S. 26º21’28’’ E. a distance of 3,583.70

feet. Also described as 3,211 feet from the South section line and 1,529 feet from the East section line of said Sec. 9. Alternate point

- Case No. 13CW52: The Silt Municipal Well Field generally located in Sec. 9, Twp. 6 S, R. 92 W, 6th

P.M., comprising of 8.054 ac.

Source: Colorado River. Appropriation date: 2/1/1939. Amount: Remaining conditional 0.0695 c.f.s., out of 1.50 c.f.s. total. Uses:

Domestic purposes including fire protection, sprinkling of lawns, general domestic uses, street sprinkling and other uses ordinarily

utilized by towns and cities for their domestic water supply. Place of use: Applicant’s present and future water service area. Second

Claim: Make Surface Water Right Absolute, In Part, and Finding of Reasonable Diligence. Silt Pipeline, First Enlargement.

Date of original decree: 10/18/2002, in Case No. 01CW321, Division 5. Subsequent diligence decrees: 11/15/2009, in Case No.

08CW134, Division 5. Location: Location decreed in Case No. 01CW321: A point in the SE¼ of the NE¼ of Sec. 10, Twp. 6 S, R 92

W, 6th

P.M., at a point from which the NE corner of said Sec. 10 bears N. 17º54’32’’ E. 2,471.20 ft. Alternate point -Case No.

05CW19: A point in the S½NE¼ of Sec. 9, Twp. 6 S, R 92 West, 6th

P.M., whence the NE corner of said Sec. 9 bears N. 35º41’37’’ E.

a distance of 2,620.27 ft. and the SE corner of said Sec. 9 bears S. 26º21’28’’ E. a distance of 3,583.70 ft. Also described as being



located 3,211 feet from the South section line and 1,529 feet from the East section line of said Sec. 9. Alternate point - Case No.

13CW52: The Silt Municipal Well Field generally located in Sec. 9, Twp. 6 S, R 92 W, of the 6th

P.M., comprising of 8.054 ac.

Source: Colorado River. Appropriation date: 9/20/2001. Amount: 0.73 c.f.s., out of 8.5 c.f.s. total, balance to remain conditional.

Uses: All municipal uses, including without limitation, domestic, industrial, manufacturing, commercial, recreation, sanitation and

sewage treatment, street cleaning, fire protection, power generation, irrigation of parks, lawns and gardens, maintaining adequate

storage reserves, and regulation and adjustment of the features of the Applicant’s water system within themselves and with other water

users. Place of use: Applicant’s present and future water service area. Evidence of reasonable diligence: The Application contains

evidence of what has been done toward the development and application to beneficial use of the subject water rights. Name and

address of owner of land on which structure is located: Applicant, as to all approved points of diversion. (11 pp. with exhibits).






CO 81601.






15CW3109 (05CW75) IN EAGLE COUNTY, COLORADO. APPLICATION FOR A FINDING OF REASONABLE

DILIGENCE AND TO MAKE WATER RIGHTS ABSOLUTE IN PART. CONCERNING THE APPLICATION FOR WATER

RIGHTS OF VAIL ASSOCIATES, INC. AND G. JOUFLAS RANCHES, LLC. DISTRICT COURT, WATER DIVISION NO. 5,

STATE OF COLORADO, Garfield County Courthouse, 109 Eighth Street, Suite 104, Glenwood Springs, CO 81601. 1. Name and

address of Co-Applicants: (a) Vail Associates, Inc. (“Vail”) c/o Bill Kennedy, P.O. Box 7, Vail, CO 81658 Direct all pleadings to:

Glenn E. Porzak, William D. Wombacher, Porzak Browning & Bushong LLP, 2120 13th Street, Boulder, CO 80302 (b) G. Jouflas

Ranches, LLC (“Jouflas”) 2560 I ½ Road, Grand Junction, CO 81505 Direct all pleadings to: William H. Caile, Holland & Hart LLP,

P.O. Box 8749, Denver, CO 80201. 2. Names of structures and descriptions of conditional water rights: The conditional water rights

identified below were originally decreed on April 26, 1997, in Case No. 97CW298 in the District Court in and for Water Division No.

5. The map attached as Exhibit A shows the location of the structures described below. (a) Vail-Jouflas Eagle River Diversion,

claimed by Vail and Jouflas for 5.0 cfs conditional, for domestic, municipal, irrigation, recreation, and commercial uses, with an

appropriation date of July 11, 1997, the source of which is the Eagle River, the headgate of which is located in the NW1/4 SE1/4 of

Section 15, T. 4 S., R. 83 W. of the 6th P.M. at a point whence the SE corner of said Section 15 bears South 4727'32" East a distance

of 2301.7 feet; also known as a point located approximately 1,500 feet from the South line and 1,700 feet from the East line of Section

15. (b) The following described groundwater wells (the “Vail Wells”), claimed by Vail for in-house/in-building domestic and

commercial uses in connection with the golf courses developed by Vail, with an appropriation date of July 11, 1997, the source of

which is groundwater tributary to the Eagle River. (i) Vail Back 9 Well for 5 gpm conditional, located in the NE1/4 of Section 28, T. 4

S., R. 83 W. of the 6th P.M., whence the Northeast corner of said Section 28 bears North 2434'40" East a distance of 832 feet. (ii)

Vail Clubhouse Well, for 25 gpm conditional, located in the SW1/4 of Section 22, T. 4 S., R. 83 W. of the 6th P.M., whence the West

1/4 corner of said Section 22 bears North 4349'38" West a distance of 916 feet. (iii) Vail Maintenance Well, for 10 gpm conditional,

located in the NW1/4 of Section 22, T. 4 S., R. 83 W. of the 6th P.M., whence the North 1/4 corner of said Section 22 bears North

2936'15" East a distance of 1143 feet. (iv) Vail Front 9 Well, for 5 gpm conditional, located in the NE1/4 of Section 22, T. 4 S., R. 83

W. of the 6th P.M., whence the East 1/4 corner of said Section 22 bears South 7549'34" East a distance of 2404 feet. The Vail Wells

are limited to a cumulative maximum diversion rate of 45 gpm and a cumulative maximum volumetric limit of 3 acre feet per year.

The Vail Wells will not be used for any irrigation or livestock purposes, and will not be used to fill any ponds or other water feature.

(c) Vail Golf Course Lake, claimed by Vail for 40 acre feet conditional, for recreation, irrigation and storage uses, the source of which

is the Eagle River, with an appropriation date of July 11, 1997. The center point of the dam is located in the SE1/4 NE1/4 of Section

22, T. 4 S., R. 83 W. of the 6th P.M., at a point 1250 feet from the East section line and 2550 feet from the North section line of said

Section 22. 3. Detailed outline of work done by Vail to complete project and apply water to beneficial use: During the period from

November 12, 2009 until the present date, Vail has engaged in the following activities: (a) Vail spent more than $132,000 on

maintenance, repairs, and upgrades associated with diversion, operation, and beneficial use of the subject water rights. (b) Vail

diverted the Vail-Jouflas Eagle River Diversion at a rate of up to 2.57 cfs and placed that water to use for all decreed beneficial uses.

(c) The subject water rights are part of an integrated water supply for Vail’s Red Sky Ranch development. (d) Vail has regularly

monitored the filings of other water users. It has filed statements of opposition to, and has incurred legal and engineering costs in

connection with numerous cases to protect its water rights. (e) Vail continues to rely upon and develop the subject water rights and has

no intent to abandon them. 4. Detailed outline of work done by Jouflas to complete project and apply water to beneficial use: During



the period from November 12, 2009 until the present date, Jouflas has engaged in the following activities: (a) Jouflas engaged in

substantial negotiation with potential purchasers of property and development rights owned by Jouflas, including Jouflas’ interest the

subject Vail-Jouflas Eagle River Diversion water right. (b) Jouflas obtained a water allotment contract from the Colorado River Water

Conservation District for 12.0 acre feet of Eagle River water for augmentation use, including possible augmentation of Jouflas’

interest in the Vail-Jouflas Eagle River Diversion. (c) Jouflas filed and prosecuted water court applications, including claims to make

conditional water rights absolute, comprising elements of Jouflas’ integrated water supply in Case Nos. 10CW98, 10CW103,

10CW180, and 12CW103, Water Division 5. Jouflas has continued to evaluate and develop its water supply plans. The Vail-Jouflas

Eagle River Diversion water right is a significant component of these plans and Jouflas has no intent to abandon its interest. (d)

Jouflas has regularly monitored the filings of other water users. It has filed statements of opposition to, and has incurred legal and

engineering costs in connection with numerous cases to protect its water rights. (e) Total expenditures by Jouflas on the above-

referenced activities during the diligence period are conservatively estimated to be in excess of $75,000. 5. Claim to make absolute:

On July 16, 2006, the Vail-Jouflas Eagle River Diversion was diverted by Vail at a rate of 2.57 cfs and used for all beneficial uses in

connection with the Red Sky Ranch development. Records showing the peak diversion rate for the Vail-Jouflas Eagle River Diversion

from 2006 – 2015 are attached hereto as Exhibit B. (9 pages)






CO 81601.






15CW3110 PITKIN COUNTY, CASTLE CREEK, ROARING FORK RIVER. Red Mountain Willoughby Associates, LLC,

RMWW Holdings, LLC, RMWW Holdings 25 Year QPRT, and RMWW Holdings 30 Year QPRT, c/o Mark E. Hamilton, Esq. and

Kylie J. Crandall, Holland & Hart LLP, 600 E. Main St., Suite 104, Aspen, CO 81611, (970) 925-3476,

[email protected], [email protected]. Application for Water Storage Rights, Change of Water Rights and for

Approval of Plan for Augmentation, Including Exchange. FIRST CLAIM (Water Storage Rights): A. Willoughby Pond No. 1 and

Willoughby Pond No. 1 First Enlargement. Legal Desc.: the centerline of the dam at the outlet is located in the NW 1/4 NW 1/4 of

Sec. 7, T. 10 S., R. 84 W., 6th P.M., at a point 1020 ft. from the N. sec. line and 700 ft. from the W. sec. line of said Sec. 7, Pitkin

County, Colorado. Source: Duroux Ditch, which diverts from Hunter Creek, tributary to the Roaring Fork River, tributary to the

Colorado River; springs and irrigation return flows collected in the Duroux Ditch; and local runoff, springs, seepage and irrigation

return flows tributary to the RMWA Pond and the RMWA Pond First Enlargement. If filled from a ditch: (1) Name and capacity of

ditch: Duroux Ditch, 5.5 c.f.s. total capacity; (2) Legal description of the Duroux Ditch: the headgate is located at a point whence the

N. 1/4 of Sec. 7, T.10 S., R. 84 W. of the 6th P. M. bears N. 75°12’ W. 1158.2 ft., from which point the supply of water is carried by

the Hunter Creek Flume and Pipe Line to an overflow designated as Headgate No.2, located at a point whence the N. 1/4 of Sec. 7, T.

10 S., R. 84 W. of the 6th P. M. bears N. 5°53’ W. 867.0 ft, and from said point the supply of water is carried by a natural water

course to Headgate No.3, the point of beginning of the said Duroux Ditch, located at a point whence the N. 1/4 of Sec. 7, T. 10 S., R.

84 W. of the 6th P. M. bears N. 0°52’ E. 1098.2 feet. Approp. information: (1) Approp. dates: 07/08/1951 (Willoughby Pond No. 1);

08/26/2015 (Willoughby Pond No. 1 First Enlargement); (2) Approp. initiated by: construction and use of the original pond, field

investigation, design and construction of pond enlargement, formation of intent to appropriate water rights, and the filing of this

application; (3) Date of application of water to beneficial use: 07/08/1951 (Willoughby Pond No. 1); 8/26/2015 (Willoughby Pond

No. 1 First Enlargement). Amounts and uses claimed: (1) Willoughby Pond No. 1: 0.95 a.f., abs., with right to fill and refill, for

piscatorial, fire protection, aesthetic and recreation; (2) Willoughby Pond No. 1 First Enlargement: 2.05 a.f., abs., with right to fill and

refill, for piscatorial, fire protection, aesthetic, and recreation; 3.0 a.f., cond, for augmentation. If filled from a ditch, rate of diversion:

up to 1.5 cfs. Pond information: Surface area: 0.50 acres (0.37 acres for original RMWA Pond): Max. height of dam: <10 ft.; Length

of dam: 100 ft. Total capacity: 3.0 a.f.; Land ownership: Willoughby Pond No. 1 and Willoughby Pond No. 1 First Enlargement are

located upon Applicants’ property. B. Willoughby Pond No. 2 & Willoughby Pond No. 2 First Enlargement. Legal desc.: the

centerline of the dam is located in the NW 1/4 of the NW 1/4, Sec. 7, T. 10 S., R. 84 W., 6 P.M., at a point 1025 ft from the N. sec.

line and 520 ft from the W. sec. line of said Sec. 7, Pitkin County, Colorado. Source: Duroux Ditch, which diverts from Hunter Creek,

tributary to the Roaring Fork River, tributary to the Colorado River; springs and irrigation return flows collected in the Duroux Ditch;

and local runoff, springs, seepage and irrigation return flows tributary to the Willoughby Pond No. 2 and the Willoughby Pond No. 2

First Enlargement. If filled from a ditch: see above information for Duroux Ditchin sub-section A. Approp. information: (1) Approp.

dates: 07/08/1951 (Willoughby Pond No. 2); 08/26/2015 (Willoughby Pond No. 2 First Enlargement). (2) Approp. initiated by:

construction and use of the original pond, field investigation, design and construction of pond enlargement, formation of intent to

mailto:[email protected]

mailto:[email protected]



appropriate water rights, and the filing of this application. (3) Date of application of water to beneficial use: 07/08/1951 (Willoughby

Pond No. 2); 08/26/2015 (Willoughby Pond No. 2 First Enlargement). Amounts and uses claimed: (1) Willoughby Pond No. 2: 1.25

a.f., abs., with right to fill and refill, for piscatorial, fire protection, aesthetic and recreation; (2) Willoughby Pond No. 2 First

Enlargement: 0.25 a.f., abs., with right to fill and refill, for piscatorial, fire protection, aesthetic, and recreation; 1.5 a.f., cond., for

augmentation. If filled from a ditch, rate of diversion. up to 1.5 c.f.s. Pond information: Surface area of high water line: 0.42 acre

total, including 0.32 acre original pond, 0.04 acre recirculating water feature, and 0.06 acre pond enlargement; Max. height of dam:

<10 ft.; Length of dam. 70 ft.; Total capacity; 1.5 a.f.; Land Ownership: Willoughby Pond No. 2 & Willoughby Pond No. 2 First

Enlargement are located upon Applicants’ property. SECOND CLAIM (Change of Water Right): Name of structure. Duroux

Ditch Date of original and all relevant subsequent decrees. CA 4033, 10/24/1952; CA 4613, 06/20/1958; Garfield County District

Court. Legal desc.: see above sub-section A; Source. Hunter Creek. Approp. date. 06/10/1886; Total decreed amount and uses. 5.0

c.f.s. for irrigation and other beneficial uses, 0.5 cfs for piscatorial and other beneficial uses. Amount of water that Applicant intends to

change: up to 1.5 c.f.s. (Applicants’ pro rata share of diversions). Description of proposed change. Applicants own 2200 shares (22%)

of the Duroux Ditch. Applicants seek to change the use of their pro rata interest in the Duroux Ditch water rights to allow alternative

use of up to 1.5 c.f.s. diverted through the ditch to store water in the Willoughby Pond No. 1 (including the Willoughby Pond No. 1

First Enlargement) and the Willoughby Pond No. 2 Pond (including the Willoughby Pond No. 2 First Enlargement) (hereinafter the

“Ponds”) for the uses described above, and for replacement of evaporative depletions from the surface area of these Ponds. Applicants

propose to dry-up approximately 0.74 acres of property. The consumptive use credits attributable to this decrease in irrigation will be

stored in the Ponds to replace evaporative depletions and/or released pursuant to the augmentation plan described below.At all times,

Applicants’ pro rata shares of Duroux Ditch diversions will continue to delivered to Applicants’ properties through the existing

Duroux ditch system. Applicants’ consulting engineer has determined that the permanent dry up of 0.74 acre of historically irrigated

land results in a net consumptive use credit of 0.92 acre feet of water per year (1.24 acre feet per acre), based on a ,odified Blaney-

Criddle analysis adjusted for altitude. Accordingly, the change of water right will result in 2.48 acre-feet of consumptive use credits

from May through September. THIRD CLAIM (Plan for Augmentation): Water rights to be augmented (all described above):

Willoughby Pond No. 1, Willoughby Pond No. 1 First Enlargement, Willoughby Pond No. 2, and Willoughby Pond No. 2 First

Enlargement. Water rights to be used for augmentation: Duroux Ditch; Willoughby Pond No. 1 (including Willoughby Pond No. 1

First Enlargement) and Willoughby Pond No. 2 (including Willoughby Pond No. 2 First Enlargement); Basalt Water Conservancy

District (“BWCD”) water rights, to be supplied pursuant to a water allotment contract between BWCD and Applicant, including the

following: (1) Green Mountain Reservoir. Source: Blue River, tributary of Colorado River. Legal description: located approximately

16 miles SE of the Town of Kremmling in Summit County, Colorado, and more particularly in all or parts of Sections 11, 12, 13, 14,

15, and 24 of T. 2 S., R. 80 W., and in Secs. 17, 18, 19, 20, 21, 28, 29, and 34, T. 2 S., R. 79 W. of the 6th P.M. Adjudication Date:

October 12, 1955. Approp. date: 08/01/1935. Case Nos.: 2782, 5016, and 5017, Court: United States District Court, District of

Colorado and Case No. 88CW022, District Court, Water Division No. 5. Decreed Amount: 154,645 acre feet and a refill right in the

amount of 3,856 acre feet absolute and 150,789 acre feet, conditional. Decreed Uses: in accordance with paragraph 5(a), (b), and (c) of

the section entitled "Manner of Operation of Project Facilities and Auxiliary Facilities" in Senate Document 80. (2) Ruedi Reservoir:

Source: Frying Pan River, tributary of Colorado River. Legal description: an on-channel reservoir located in Secs. 7, 8, 9, 11, and 14

through 18, T. 8 S., R. 84 W. of the 6th P.M. The reservoir is located in portions of Eagle and Pitkin Counties. Adjudication Date:

June 20, 1958. Approp. date: 07/29/1957. Case No.: C.A. 4613, Garfield County District Court. Decreed Amount: 102,369 acre feet

(Originally decreed for 140,697.3 acre feet; reduced to 102,369 acre feet in Case No. W-789-76). Decreed Uses: generation of electric

energy, domestic, municipal, industrial, irrigation, piscatorial, and stock watering. Refill: By decree of the Water Court in Case No.

81CW34, Ruedi Reservoir was decreed a refill right in the amount of 101,280 acre feet, conditional. In Water Court Case No.

95CW95, 44,509 acre feet of the refill right was made absolute. In Water Court Case No. 01CW269, an additional 25,257 acre feet of

the refill right was made absolute, for a total of 69,766 acre feet absolute in the refill right. (3) Troy Ditch and Edith Ditch:

S

T

R

U

C

-

T

U

R

E

PRIOR

-ITY

COU

RT

CASE

NO.

ADJ

DAT

E

APP

DATE

DECREE

D

AMT

(CFS)

USE

(4)

AMOUNT SOLD, TRANSFERRED

OR RESERVED

AMOUNT

REMAINING (10)

(5) (6) (7) (8) (9) CFS AF



T

r

o

y

D

i

t

c

h

(

1

)

370 3082 8/25/1

936

5/01/19

06

5.10 I 0.000 0.000 0.09

5

0.06

4

0.03

5

4.906 N/A

T

r

o

y

D

i

t

c

h

1

s

t

E

n

l

g

427 3082 8/25/1

936

5/01/19

28

10.80 I 0.000 0.000 0.20

0

0.13

4

0.07

3

10.39

3

N/A

T

r

o

y

D

i

t

c

h

2

n

d

E

n

l

g

669 4613 6/20/1

958

6/01/19

42

6.20 I 0.000 0.000 0.11

5

0.07

7

0.04

2

5.966 N/A



E

d

i

t

h

D

i

t

c

h

353 3082 8/25/1

936

5/01/19

04

2.72 I 0.110 0.132

0

0.05

0

0.00

0

0.01

8

2.410 N/A

E

d

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D

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1

s

t

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n

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673 4613 6/20/1

958

7/01/19

46

3.23 I 0.000 0.000 0.06

0

0.00

0

0.02

2

3.148 N/A



T

r

o

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D

i

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h

W

a

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e

r

S

y

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e

m

a

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a

L

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e

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a

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g

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(2) W-

2281

15.50(3)

I,D,

M

C,P

0.110 0.132

0

0.52

0

0.27

5

0.19

0

14.27

3

412.89

(1) Originally diverted from Miller Creek. All others originally diverted from Frying Pan River.

(2) Alternate point for all priorities of Troy and Edith Ditches.

(3) Combined amount limited to 15.5 cfs and 453 AF of consumptive use, 300 AF of which can be stored.

(4) I = Irrigation, D = Domestic, M = Municipal, C = Industrial and P = Piscatorial.

(5) Transferred to Edith Ditch Well in Case No. 80CW1 with 1.0 AF.

(6) Transferred to three springs on Cap K Ranch in Case No. 82CW189 (1.29 AF assumed to be included).

(7) Deeded to George Yates with 15.4 AF in 1983. 0.2 cfs and 10.60 cfs was included in Case No. 82CW357 for Ruedi South

Shores augmentation plan.

(8) Deeded to Joan Wheeler in 1987 for diversion at the Troy Ditch 1st and 2nd Enlargement (16.9 AF assumed to be included).

(9) Reserved for augmentation of Cap K Ponds with 5.52 AF. Case No. 91CW220.

(10) A total of 40.11 AF of the original 453.00 AF has been sold or transferred.

In Case No. W-2281, Division 5, the Court decreed that 453 acre feet of annual consumptive-use credits were available to these

ditches, and that 300 acre feet could be stored in an unnamed reservoir. The Basalt Water Conservancy District owns 412.89 acre feet

of the 453 acre feet, and makes the water rights available to contract allottees for use pursuant to an approved substitute supply plan or

decree of Court. The Troy and Edith augmentation water can be delivered to the Frying Pan, Roaring Fork or Colorado Rivers by by-

passing water at the headgate on the Frying Pan River. (4) Robinson Ditch:



STRUCTU

RE

DECREE

D

AMT.

(cfs)

AMT. OWNED

BY BWCD (cfs)(1)

ADJ.

DATE

APP.

DATE

PRIORITY

NO.

CASE

NO. (2)

ROBINSON

DITCH

5.00 1.21 05/11/1889 06/15/1882 38 132

ROBINSON

DITCH

2.50 0.60 05/11/1889 04/15/1886 140 132

ROBINSON

DITCH

2.00 0.48 05/11/1889 11/15/1886 167 132

ROBINSON

DITCH

10.70 2.59 12/29/1903 04/25/1899 212C 1061

ROBINSON

DITCH

20.06 4.85 08/25/1936 04/25/1900 326 3082

The BWCD owns 441 shares of Class 1 stock issued by the Robinson Ditch Company. The said 441 shares equal 24.16% of the total

shares and are associated with 9.73 cfs of the 40.26 cfs decreed to the Robinson Ditch. Legal Description of Point of Diversion: The

point of diversion as decreed is located on the North bank of the Roaring Fork River one-half mile below the mouth of Sopris Creek in

Section 11, T. 8 S., R. 87 West, 6th P.M. Historic Use: Irrigation of approximately 137.2 acres of hay and pasture under BWCD’s

interest in the Robinson Ditch water rights. In Case No. 93CW319, the Court decreed that 360 acre feet of annual consumptive-use

credits are associated with said irrigation. In that case, the Court also decreed a change of use of BWCD’s Robinson Ditch rights to

include augmentation. BWCD makes the credits available to contract allottees for use pursuant to an approved substitute supply plan

or decree of Court. Statement of plan for augmentation: Applicants own two adjacent properties near the City of Aspen, Colorado (99

Willoughby Way and 107 Willoughby Way) upon which the Ponds are located. Applicants intend to replace any out-of-priority

depletions from the loss of delayed return flows from the dry-up of historically irrigated land and evaporation from the surface of

these Ponds. The maximum surface area of the Ponds will be 0.92 acres, with assumed maximum annual evaporation of 2.57 a.f. per

year. Lagged return flows outside the historic irrigation season that will be replaceable with pond releases are estimated to be 1.56

acre-feet. Therefore, total annual depletions pursuant to this plan are estimated to be no more than 4.13 acre-feet. A. Downstream

irrigation calls: The Roaring Fork River and the Colorado River are all subject to periodic water rights calls from downstream

irrigation water rights after spring runoff each year. Historically, the Cameo call has been placed for one week in April, one week in

May, two weeks in June, all of July through October, and one week in November. The proposed plan for augmentation herein will

provide water to replace all out-of-priority pond evaporation and delayed return flow obligations to satisfy any downstream call on the

Roaring Fork River below the confluence with the Fryingpan River or the Colorado River from the BWCD sources listed above and

from Duroux Ditch consumptive use credits from dry up of 0.74 acre of land described in the Second Claim above. Applicants’ Fourth

Claim, below, includes requests to conform conditional appropriative rights of exchange for the reaches between the point of depletion

on the Roaring Fork River and the downstream points of replacement on the Roaring Fork and/or Colorado Rivers, as applicable. B.

Local calls. The Colorado Water Conservation Board (CWCB) holds instream flow water rights on the Roaring Fork River above the

Fryingpan River confluence, one in the amount of 32.0 c.f.s. from Difficult Creek to Maroon Creek, and another in the amounts of

30.0 c.f.s from Oct. 1 through Mar. 31 and 55.0 c.f.s. from Apr. 1 through Sep. 30 from Maroon Creek to the Fryingpan River. The

Duroux Ditch consumptive use credits described in the Second Claim above will be utilized to the extent available to offset out-of-

priority evaporative depletion from May through September. The balance of evaporative depletions and delayed return flow obligation

will be replaceable by releases from the Ponds whenever the CWCB rights are calling (provided that 0.58 acres of total pond surface

area existed prior to the CWCB’s appropriation of instream flow water rights on the Roaring Fork River and is therefore exempted

from such a call pursuant to C.R.S. § 37-92-102(3)(b)). In the event that augmentation sources are not available during any period of

local priority water rights administration, evaporation shall not be replaced and storage levels shall be lowered commensurate with net

evaporation. FOURTH CLAIM (Appropriative Rights of Exchange): A. Name of exchange: Willoughby Exchange No. 1 (Roaring

Fork). Upstream Terminus: a point on the Roaring Fork River located in the SE¼ of the NE¼ of Sec. 12, T. 10 S., R. 85 W. of the 6th

P.M., approx. 1800 ft from the N. Sec. line and 170 ft from the E. Sec. line. Downstream Terminus: the confluence of the Roaring

Fork and Fryingpan Rivers, generally located in the SW1/4 SE1/4 of Sec. 7, T. 8 S., R. 86 W. of the 6th P.M., at a point approximately

750 ft. from the S. sec. line and 1440 ft. from the E. sec. line. Approp. date: 11/30/2015. Max. rate of exchange: 0.01 c.f.s., up to 4.13

acre-feet, cond. Uses: piscatorial, fire protection, recreation and augmentation. Remarks: releases from the BWCD’s Roaring Fork

River replacement sources pursuant to the augmentation plan described above will enter the Roaring Fork River at the confluence of

the Fryingpan and Roaring Fork Rivers. This exchange will therefore operate from this confluence up the Roaring Fork River to the

locations of the structures described in Applicants’ First Claim. B. Name of exchange: Willoughby Exchange No. 2 (Roaring

Fork/Colorado). Upstream Terminus: a point on the Roaring Fork River located in the SE¼ of the NE¼ of Sec. 12, T. 10 S., R. 85 W.

of the 6th

P.M., approx. 1800 ft. from the N. section line and 170 ft. from the E. Sec. line. Downstream Terminus: the confluence of the

Roaring Fork and Colorado Rivers, generally located in the SE 1/4 NW1/4 of Sec. 9, T. 6 S., R. 89 W. of the 6th P.M., at a pt. approx.



2200 ft. from the N. sec. line and 2350 ft. from the W. sec. line. Approp. date: 11/30/2015. Max. rate of exchange: 0.01 c.f.s., up to

4.13 acre-feet, cond. Uses: piscatorial, fire protection, aesthetic, recreation and augmentation. Remarks: releases from the BWCD’s

Colorado River replacement sources pursuant to the augmentation plan described above in Applicants’ Fourth Claim will be delivered

to at the confluence of the Colorado and Roaring Fork Rivers. This exchange will therefore operate from this confluence up the

Roaring Fork River to the locations of the structures described in Applicants’ First Claim. ADDITIONAL INFORMATION: (1)

Pitkin County RICD: Pursuant to Section 24.F of the Final Decree in Case No. 10CW305, the Pitkin County RICD water right shall be

subordinated in priority to water rights that (a) have points of diversion upstream of the RICD; (b) are not senior to the Pitkin County

RICD water right; and (c) are decreed between January 1, 2011 and the fifteenth anniversary of entry of a decree in 10CW305 or the

date upon which a cumulative 3000 acre-feet subordination is achieved. Applicants therefore request confirmation that the water rights

that it seeks to confirm in this proceeding qualify for this subordination. For purposes of applying the subordination provision in

10CW305, Applicants’ claimed RICD Season depletion volume is approx. 6.74 acre-feet (consisting of 2.24 acre-feet of total pond

evaporation plus total pond storage volume of 4.5 acre-feet). (2) Applicants also seek a determination that all of the above-described

water rights are part of an integrated water system for purposes of application of C.R.S. § 37-92-301(4)(b). (13 pages)






CO 81601.






06CW19 AMENDED APPLICATION FOR FINDING OF REASONABLE DILIGENCE CONCERNING APPLICATION

FOR WATER RIGHTS OF: McCULLOUGH GULCH RESERVE, L.L.C., COLDWATER CREEK, L.L.C., AUTUMN

CREEK, L.L.C. AND JOANNE B. MAY IN THE BLUE RIVER OR ITS TRIBUTARIES IN SUMMIT COUNTY,

COLORADO. 1. Name, address, telephone numbers of applicants: McCullough Gulch Reserve, L.L.C. (“MGR, LLC”) 50 Marland

Road Colorado Springs, Colorado 80906, 719-633-949; Coldwater Creek, L.L.C., 1740 Coyote Pt. Dr., Colorado Springs, CO 80904,

Autumn Creek, L.L.C., 9249 S. Broadway, Ste. 200-164, Highlands Ranch, Colorado 80129, Joanne B. May, 850 Rosastone Trail,

Houston, Texas 77024. Direct pleadings to: Peggy E. Montaño ([email protected]), James S. Witwer

([email protected]), and Michael A. Kopp ([email protected]), Trout, Raley, Montaño, Witwer & Freeman, P.C., Attorneys

for MGR, LLC, 1120 Lincoln Street, Suite 1600, Denver, Colorado 80203, Phone Number: 303-861-1963; David C. Hallford

([email protected]), Balcomb & Green, P.C., Attorneys for Coldwater Creek, L.L.C., Autumn Creek, L.L.C. and May,

818 Colorado Avenue, Glenwood Springs, Colorado 81601, Phone Number: 970-945-6546. 2. Summary of Application: The subject

of this application is a conditional right of substitution and exchange, with a decreed rate of flow of 0.134 cfs, decreed as part of a plan

to augment four wells with a combined annual production of 1.1 acre-feet and combined annual depletions of 0.11 acre-feet, as

described in more detail in paragraph 3. This amended application seeks a finding of reasonable diligence for the right pursuant to

C.R.S. §§ 37-92-302(1)(a) and 37-92-304(10) and Colorado Rules of Civil Procedure 57(a), 57(e), and 60(a). 3. Description of

Conditional Water Rights: Applicants’ conditional right of substitution and exchange was decreed as part of the augmentation plan

approved February 22, 2000 in Case No. 96CW60 to replace out-of-priority depletions from four wells on property now known as

Lots 1, 2, 3 and 4, McCullough Gulch Reserve Subdivision, Town of Blue River, Summit County, Colorado. (Division of Water

Resources records have indexed this plan under the heading “Timberline Valley Wells Augmentation Plan”) The 96CW60 decree

limits the wells’ combined annual production to 1.1 acre-feet, and their combined annual depletions to 0.11 acre-feet. The

McCullough Gulch Reserve conditional right of substitution and exchange decreed therein is more particularly described as follows:

A. Location: The downstream terminus of the exchange reach (the “exchange from” point) is Dillon Reservoir, located in Sections 7,

8, 17, 18, 19, 20, 21, 30 and 31, all in Township 5 South, Range 77 West, of the 6th P.M. and in Sections 13, 23, 24, 25, 26, 35 and 36,

all in Township 5 South, Range 78 West of the 6th P.M. The upstream termini of the exchange reach (the “exchange to” points) are

four wells located or to be located on Lots 1, 2, 3, and 4, McCullough Gulch Reserve Subdivision, Town of Blue River, located in

Sections 30 and 31, Township 7 South, Range 77 West and Sections 25 and 36 of Township 7 South, Range 78 West of the 6th P.M.

The exchange reach is depicted on Exhibit A attached to the application. The locations of two of the upstream termini of the exchange

reach were changed to their current location by decree of this Court dated July 6, 2005 in Case No. 02CW131. B. Sources to Be Used

for Augmentation and Exchange: Perpetual water lease from Vidler Tunnel Water Company and a so-called Paragraph 6(b)

Agreement with the City and County of Denver, acting by and through its Board of Water Commissioners, attached to the application

as Exhibit B. Applicants are the assignees of rights under these agreements. C. Appropriation Date: December 13, 1995. D. Amount:

0.134 cfs. The annual volumetric limit of the exchange is 0.11 acre-feet from all four wells combined. E. Uses: Domestic in-house



use. 4. Outline of Work Done Toward Completion of Project and Application of Water to Beneficial Use: During the subject

diligence period, from February 2000 to February 2006, the date of the original application in 2006CW19, Applicant MGR, LLC

engaged in planning, zoning, platting, developing, improving, and installing infrastructure for the real property where the wells which

are the source of the exchange are used. Work performed to develop the subject conditional water right included: A. Earthwork,

including clearing, grubbing, tree removal, tearing out old concrete foundations, silt fence, rip/rap, wetlands fill, wetlands reclamation,

subgrade preparation, installation of culvert, boulder retaining walls, top soil, hydro-seed mulch and fertilizer. B. Installation of

utilities, including underground electrical power and transformers. C. Maintenance of the Vidler Water Company augmentation water

lease. D. Subdivision expenses, including Town of Blue River fees and Summit County transferable development rights certificates.

E. Professional planning, engineering, design, environmental, geotechnical, surveying, project oversight, and legal services. F.

Interest on construction loan. G. Pursuing and obtaining approval of a change of location for two of the upstream termini of the

exchange reach in Case No. 02CW131. Expenditures by MGR, LLC during this diligence period in connection with the above

activities exceeded $425,000. Applicants Coldwater Creek L.L.C., Autumn Creek L.L.C., and May are successors in interest to three

lots in the subdivision and corresponding interests in the conditional right of substitution and exchange that is the subject of this

amended application. 5. Name and address of owner of land upon which any new diversion structure or modification to any existing

diversion structure is or will be constructed: Applicants. WHEREFORE, Applicants pray that this Court enter a supplemental decree

confirming that Applicants have exercised reasonable diligence in the development of the McCullough Gulch Reserve conditional

right of substitution and exchange as a part of the McCullough Gulch Reserve Plan for Augmentation water rights, continuing such

right in full force and effect, and granting such other and further relief as the Court deems proper.






CO 81601.

division 5 water court- november 2015 resume 1. … · division 5 water court- november 2015 resume...

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