division 5 water court- november 2019 resume 1. … · comprise a resume of the applications and...

DIVISION 5 WATER COURT- NOVEMBER 2019 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 2019. 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.

19CW3127 GARFIELD COUNTY, COLORADO RIVER. Application for Findings of Reasonable Diligence and to Make Absolute.

Franklin Mountain Glenwood Springs, LLC, c/o Jeff Houpt & Ryan Jarvis of Beattie, Houpt & Jarvis, 932 Cooper Ave, Glenwood

Springs, 970-945-8659. All structures: Original decree entered on 08/24/06 in 03CW130; subsequent decree entered on 11/06/13 in

12CW140. Appropriation date: 03/12/03. Source: Unnamed trib to Canyon Creek, trib to Colo River. Date applied to beneficial use:

06/01/12. Rock-N-Pines No. 2 Ditch Enlargement: Location: In the SW¼ NW¼, Sec 13, T 5 S, R 90 W 6th PM, at a point whence the

SW corner of Sec 13 bears S 6º42’ W 3,950 ft., also described as approx 3,905 ft from S sec line and 400 ft from W sec line of said Sec

13. Amount: 2.0 cfs, conditional. Uses: Replacement of evaporative depletions from Rock-N-Pines Pond Nos. 1-9; aesthetic,

recreational, and storage in Rock-N-Pines Pond No. 9 for aesthetic, recreational, piscatorial, and augmentation purposes. 2.0 cfs applied

to beneficial use all decreed purposes. Place of use: Rock-N-Pines Pond Nos. 1-9 and, with respect to augmentation use, Canyon Creek

and the Colo River. Rock-N-Pines Pond No. 9: Location: In the NW¼ SW¼, Sec 13, T 5 S, R 90 W, 6th PM, at a point 1,900 ft from S

sec line and 250 ft from W sec line of said Sec 13. Filled with water diverted under the water right decreed to Rock-N-Pines No. 2 Ditch

Enlargement. Amounts & uses: 2.4 af, total, with the right to fill and refill in priority for the purposes outlined below, freshening flows,

and to replace evaporation and seepage losses; (a) 1.2 af, absolute, for aesthetic, recreational, and piscatorial purposes (as confirmed in

12CW140); (b) An additional 1.2 af, conditional, for aesthetic, recreational, and piscatorial purposes; and (c) 2.4 af, conditional, for

augmentation. Fill rate: 2.0 cfs. Surface area: 0.48 acres. Max height: 8 ft. Length: 200 ft. Total capacity: 2.4 af. Active storage: 2.4 af.

Dead storage: 0.0 af. All remaining conditional amounts have been put to use for all decreed purposes within Rock-N-Pines Pond No.

9 and, with respect to augmentation use, Canyon Creek and the Colo River. The subject water rights are components of the plans for

augmentation approved by this Court in 03CW130 and 12CW191. The Application on file with the court includes a list of activities

demonstrating diligence. Owner of land: Applicant. (7 pages)

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

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

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

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

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






19CW3128 EAGLE COUNTY, Application for Approval of Change of Location for Water Rights. Applicant: Fulford Association,

Inc.; please direct all correspondence to Applicant’s attorneys: Mary Elizabeth Geiger, Garfield & Hecht, P.C., 901 Grand Avenue, Suite

201, Glenwood Springs, CO 81601, (970)947-1936, [email protected]. Name of Water Right for Which Change is Sought:

Fulford Fire Cistern and Pipeline. Information from prior decrees: Original decree: Case No. 03CW286, District Court in and for Water

Division No. 5, entered on August 6, 2004. Subsequent diligence findings: Case No. 10CW210 and 17CW3133. Decreed legal

description of point of diversion: SE 1/4 SW 1/4, Section 24, Township 6 South, Range 83 West, 6TH P.M., Eagle County, Colorado,

at a point located 1400 feet from the West Section line and 650 feet from the South Section line of said Section 24. The elevation at the

point of diversion is 9980. Source: Nolan Creek, Tributary to Eagle River. Date of initiation of appropriation: September 1, 2001.

Amount: 2.0 c.f.s., conditional. Proposed use: fire protection. The water will be diverted and held in a storage tank for fire protection

purposes. A direct flow may also be used in the event of a fire. Name and address of owner of land on which decreed point of diversion

is located: U.S.F.S. White River National Forest, 900 Grand Ave., Glenwood Springs, Colorado 81601. Claim for change of water right

for Fulford Fire Cistern and Pipeline: Applicant requests a change of water right to correct the legal description, as described below. No

other change is requested hereby. The decreed location of the Fulford Fire Cistern and Pipeline is described in Paragraph 2(B), above.

The legal description of the Fulford Fire Cistern and Pipeline to which the decreed location should be changed is: The point of diversion

will be located at a point in the NE1/4 SE1/4 of Section 23, Township 6 South, Range 83 West of the 6th P.M., at a point 1,430 feet

from the south section line and 295 feet from the east section line of said Section 23 (UTM X = 357586, UTM Y = 4375212). There are

no intervening water rights decreed between the decreed location of the Fulford Cistern and Pipeline and the new location described

herein. Owner of land upon which changed point of diversion is located: Applicant.(4 pages).






mailto:[email protected]


NOVEMBER 2019 RESUME

WATER DIVISION 5

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19CW3129 GRAND COUNTY – GRAND COUNTY WATER AND SANITATION DISTRICT #1, c/o Bruce Hutchins, District

Manager, [email protected]. Attorney for Applicant: David A. Bailey, Law Office of David A. Bailey, P.O. Box 350433,

Westminster, Colorado 80035-0433, Telephone: (303) 898-6531, [email protected]. Please direct all inquiries, correspondence

and pleadings regarding this matter to counsel for the District identified herein. APPLICATION FOR APPROPRIATIVE RIGHTS OF

EXCHANGE, CONDITIONAL WATER STORAGE RIGHT, AND A PLAN FOR AUGMENTATION. 1. Name and address of

Applicant: Grand County Water and Sanitation District No. 1 (“Applicant"), P.O. Box 3077, Winter Park, Colorado 80482. Telephone:

(970) 726-5583. 2. Summary of Application. Applicant provides water and sewer services to a portion of the Town of Winter Park.

Applicant owns numerous water rights on Big Vasquez Creek, Little Vasquez Creek and the Fraser River, as well as a decreed exchange

from Granby Reservoir to several diversion points used as part of Applicant’s water supply system and for augmentation. Applicant

also owns other water rights on the Fraser and Colorado Rivers that can be used for augmentation purposes. Applicant seeks to adjudicate

an augmentation plan and use of water by exchange to provide diversions to its water supply system and to augment these diversions of

water and related depletions to the Fraser and Colorado River Basins. 3.Name and descriptions of water rights: The following

structures and water rights have been decreed by Applicant as part of its integrated water supply system. This application is limited to

the claims for relief described in Sections 4-7 below and does not seek to, and does not, alter or amend the decrees for any of these water

rights. A map showing the location of these structures is attached hereto as Exhibit A. Except as described below, all of the following

water rights are, and will be, used in Applicant’s service area, which includes parts of Sections 27, 28, 29, 32, 33, 34, and 35, T. 1 S.,

R. 75 W., 6th P.M., and which includes areas that are, or will be, irrigated. A map of Applicant’s service area is attached hereto as

Exhibit B. A. Grand County Water and Sanitation District Pipeline No. 1. Point of Diversion: At a point whence the Southeast Corner

of Section 32, T. 1 S., R. 75 W., 6th P.M., bears North 03°45' East a distance of 1,775 feet. As set forth in the diligence decree in Case

No. 16CW3073, the diversion point has also been described as located in the NW¼SW¼ of Section 4, T. 2 S., R. 75 W., 6th P.M.,

1532.27 feet from the south section line and 286.04 feet from the west section line. Source: Little Vasquez Creek, tributary to the Fraser

and Colorado Rivers. Appropriation date: May 20, 1960. Date of decree: May 31, 1972 (Case No. CA-1768). Amount: 1.5 cfs, absolute.

Use: Domestic. B. Grand County Water and Sanitation District Pipeline No. 1, Enlargement. Point of Diversion: Same as Grand County

Water and Sanitation Pipeline No. 1 above. Source: Little Vasquez Creek, tributary to the Fraser and Colorado Rivers. Appropriation

date: November 4, 1982. Date of decree: December 29, 1986 (Case No. 82CW403). Amount: 3.0 cfs, conditional, to be used at either

or both of the decreed points of diversion for the Grand County Water and Sanitation District Pipeline No. 1 and Grand County Water

and Sanitation District Pipeline No. 2. Use: All municipal uses including fire protection and industrial uses. C. Grand County Water and

Sanitation District Pipeline No. 2. Point of Diversion: At a point whence the Southeast corner of Section 32, T. 1 S., R. 75 W., 6th P.M.,

bears North 41°00' East a distance of 2,660 feet. As set forth in the diligence decree in Case No. 16CW3073, the diversion point has

also been described as located in the SW¼SE¼ of Section 5, T. 2 S., R. 75 W., 6th P.M., 595.73 feet from the south section line and

2574.68 feet from the east section line. Source: Big Vasquez Creek, tributary to the Fraser and Colorado Rivers. Appropriation date:

May 20, 1960. Date of decree: May 31, 1972 (Case No. CA-1768). Amount: 1.5 cfs, absolute. Use: Municipal. D. Grand County Water

and Sanitation District Pipeline No. 2, Enlargement. Point of Diversion: Same as Grand County Water and Sanitation Pipeline No. 2

above. Source: Big Vasquez Creek, tributary to the Fraser and Colorado Rivers. Appropriation date: November 4, 1982. Date of decree:

December 29, 1986 (Case No. 82CW403). Amount: 3.0 cfs, conditional, to be used at either or both of the decreed points of diversion

for the Grand County Water and Sanitation District Pipeline No. 1 and Grand County Water and Sanitation District Pipeline No. 2. Use:

All municipal uses including fire protection and industrial uses. E. Grand County Water and Sanitation District Pipelines Nos. 1 and 2

as alternate points of diversion for each other. Point of Diversion: Same as Grand County Water and Sanitation District Pipelines Nos. 1

and 2 above. Source: Little and Big Vasquez Creeks, tributary to the Fraser and Colorado Rivers. Appropriation date: May 20, 1960.

Date of decree: December 29, 1986 (Case No. 82CW402). Amount: 1.5 at each point of diversion, absolute (for a total of 3.0 cfs at

each diversion point). Uses: Domestic use for Pipeline No. 1 and municipal use for Pipeline No. 2. F. Grand County Water and Sanitation

District Pipelines Nos. 1 and 2 (decreed in C.A. 1768) as diverted at an alternate point of diversion. Point of Diversion: Situated in the

SE¼SE¼ of Section 32, T. 1 S., R. 75 W., 6th P.M., more particularly described as follows: Beginning at a point on the South line of

said Section 32, whence the East Quarter Corner of the South line of said Section 32, which is monumented with a 1” steel pipe, bears

N 89º13’19” W a distance of 515.60', thence at a right angle to said section line, N 0º36’41”E a distance of 18.51', to said water rights

point which is monumented with a ½” rebar and a plastic cap marked P.E.L.S. 9132. Source: Big Vasquez Creek, tributary to the Fraser

and Colorado Rivers. Appropriation date: May 20, 1960. Date of decree: December 29, 1986 (Case No. 85CW332). Amount: 3.0 cfs

total (1.5 cfs for each of Pipeline No. 1 and Pipeline No. 2), absolute. Uses: Domestic use for Pipeline No. 1 and municipal use for

Pipeline No. 2. G. Grand County Water and Sanitation District Pipeline No. 3. Point of Diversion: At a point whence the Southeast

Corner of Section 33, T. 1 S., R. 75 W., 6th P.M., bears North 02°03' East a distance of 3,000 feet. As set forth in the decree in Case

No. 15CW3040, the diversion point has also been described as a point in the NE¼SW¼ of Section 3, T. 2 S., R. 75 W., 6 th P.M., 1005

feet from the south section line and 465 feet from the west section line of said section. Source: Fraser River, tributary to the Colorado

River. Appropriation date: November 4, 1982. Date of decree: December 29, 1986 (Case No. 82CW404). Amount: 3.0 cfs, conditional.

Uses: All municipal uses, including fire protection and industrial uses. H. Grand County Water and Sanitation District Pipeline No. 4.

Point of Diversion: 3020 feet east of the west line and 450 north of the south line of Section 28, T. 1 S., R. 75 W., 6 th P.M. Source:




WATER DIVISION 5

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Fraser River, tributary to the Colorado River. Appropriation date: December 21, 1989. Date of decree: May 23, 1990 (Case No.

89CW270). Amount: 4.5 cfs, conditional. Uses: All municipal uses, including fire protection, irrigation and domestic use. I. GCWSD

Water Storage Reservoir No. 1 and GCWSD Water Storage Reservoir No. 2. Point of diversion (both reservoirs): The GCWSD Intake

Structure located in the NW¼NW¼ of Section 28, T. 1 S., R. 75 W., 6th P.M., at a point on the west bank of the Fraser River

approximately 270 feet east of the west line of Section 28 and 195 feet south of the north line of Section 28. Applicant has the right to

divert water from the GCWSD Intake Structure to the GCWSD Water Storage Reservoir at a maximum rate of 6.0 cfs. The GCWSD

Water Storage Reservoir No. 2 is connected to (and receives water from) GCWSD Water Storage Reservoir No. 1 by a pond transfer

structure consisting of an inlet pipeline, a gate valve, a manhole or vault and an outlet pipeline. Location of Reservoir No. 1: The

reservoir is generally located northeasterly of U.S. Highway No. 40 within the S½SE¼ of Section 20 and the NE¼NE¼ of Section 29,

T. 1 S., R. 75 W., 6th P.M. Location of Reservoir No. 2: The reservoir is generally located northeasterly of U.S. Highway No. 40 within

the S½SE¼ of Section 20, T. 1 S., R. 75 W., 6th P.M. Source (both reservoirs): Fraser River, tributary to the Colorado River.

Appropriation date (both reservoirs): December 4, 2002. Date of decree: February 23, 2005 (Case No. 02CW367). Amounts (absolute

amounts determined by, and set forth in, the decree in Case No. 18CW3070): Reservoir No. 1 – 94 af absolute; 64 af, conditional.

Reservoir No. 2 – 70 af absolute; 10 af, conditional. Uses (both reservoirs): Municipal uses, irrigation, augmentation, piscatorial,

aesthetic and recreation. J. Sitzmark Pond No. 1. Point of diversion: The Sitzmark Pond No. 1 is an off-channel reservoir fed by Sitzmark

Ditch No. 1 with a capacity and diversion rate of 1.0 cfs; its headgate is located in the NE¼SW¼, Section 28, T. 1 S., R. 75 W., 6th

P.M., 1700 feet from south section line and 2150 feet from the west section line. Location of Sitzmark Pond No. 1: NE¼SW¼ of

Section 28, T. 1 S., R. 75 W., 6th P.M., 1900 feet from the south section line and 2100 feet from the west section line. Source: Fraser

River, tributary to the Colorado River. Appropriation date: June 15, 2011. Date of decree: April 26, 2013 (Case No. 11CW166).

Amount: 8.0 af, conditional. Uses: All municipal uses, exchange, augmentation, fire protection and piscatorial. K. Grand County Water

and Sanitation District No. 1 Reservoir. Point of Diversion: The Grand County Water and Sanitation District No. 1 Reservoir fills

through a ditch from the Sitzmark Pond No. 1 when the Sitzmark Pond No. 1 has filled. Location of the Grand County Water and

Sanitation District No. 1 Reservoir: In the NE¼SW¼ of Section 28, T. 1 S., R. 75 W., 6th P.M. The initial point of survey is located at

a point on the north line of said NE¼SW¼ 200 feet east of the Northwest Corner of said NE¼SW¼. Source: Fraser River, tributary to

the Colorado River. Appropriation date: December 20, 1983. Date of decree: May 1, 1984 (Case No. 83CW333). Amount: 8.0 af,

conditional. Uses: Domestic and municipal. 4. FIRST CLAIM: APPROPRIATIVE RIGHT OF EXCHANGE. Name of exchange:

GCWSD Wolford Mountain Exchange. Upstream termini of the exchange: As described above, the Grand County Water and Sanitation

District Pipeline No. 1 and its Enlargement, the Grand County Water and Sanitation District Pipeline No. 2 and its Enlargement, the

Grand County Water and Sanitation District Pipeline No. 1 and No. 2 as alternative points of diversion for each other, Grand County

Water and Sanitation District Pipeline No. 1 and No. 2 at an additional alternate point of diversion (see § 3.F), the Grand County Water

and Sanitation District Pipeline No. 3, the Grand County Water and Sanitation District Pipeline No. 4, the GCWSD Water Storage

Reservoirs Nos. 1 and 2, the Sitzmark Pond No. 1, and the Grand County Water and Sanitation District No. 1 Reservoir. Applicant

claims the right to include other locations and additional structures located in the reach of the Fraser River and its tributaries identified

above as part of the GCWSD Wolford Mountain Exchange. Downstream terminus of the exchange: The confluence of Muddy Creek

and the Colorado River. Operation: Applicant will cause water to be released from Wolford Mountain Reservoir to Muddy Creek and

the Colorado River and then exchanged up the Colorado and Fraser Rivers to the points of depletion from the diversions described above

by release of water, up to 12.75 af annually, pursuant to its Water Allotment Contract with the Middle Park Water Conservancy District

(“MPWCD”), dated January 1, 1999. Applicant will use a portion of the storage right adjudicated in Case No. 87CW283, decree entered

November 20, 1989, District Court, Water Division No. 5. The MPWCD has an interest in 3,000 af 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 MPWCD, dated December 17, 1992. The legal description of the place of storage is: Wolford Mountain Reservoir, the dam of

which is located in the SW¼NE¼ of Section 25, T. 2 N., R. 81 W., 6th P.M. Applicant shall only have the right to operate the exchange

when water is available pursuant to its contract with MPWSD and when a live stream exists between the downstream and upstream

termini of the exchange. Date of Appropriation: January 1, 1999. How appropriation initiated: Entering into the Water Allotment

Contract with MPWCD. Date water applied to beneficial use: Not applicable. Amount claimed: Absolute to the GCWSD Water Storage

Reservoir No. 1 and GCWSD Water Storage Reservoir No. 2 at the rate of 3.0 cfs, and conditional to the GCWSD Water Storage

Reservoir No. 1 and GCWSD Water Storage Reservoir No. 2 at the rate of 3.0 cfs, for a total decreed rate to these reservoirs of 6.0

cfs. Conditional to the other upstream termini at the rates described in the exchange matrix attached hereto as Exhibit C. Uses:

Municipal, including irrigation, fire protection, piscatorial, fish and wildlife habitat, augmentation, replacement of evaporative losses

and aesthetic. 5. SECOND CLAIM: APPROPRIATIVE RIGHT OF EXCHANGE. Name of exchange: GCWSD Windy Gap Exchange

No. 2. Upstream termini of the exchange: As described above, Grand County Water and Sanitation District Pipelines Nos. 1 and 2 as

diverted at an alternate point of diversion (see § 3.F), the Grand County Water and Sanitation District Pipeline No. 4, the GCWSD Water

Storage Reservoirs Nos. 1 and 2, and the Sitzmark Pond No. 1. Applicant claims the right to include other locations and additional

structures located in the reach of the Fraser River and its tributaries identified above as part of the GCWSD Windy Gap Exchange No. 2.

Downstream terminus of the exchange: The confluence of the Colorado River and the Fraser River. Operation: Applicant will cause

water to be released from Granby Reservoir to the Colorado River and then exchanged up the Fraser River to the points of depletion

from the diversions described above by release of water, up to 250 af annually, pursuant to its Water Allotment Contract with the

MPWCD, dated January 1, 1999, for water to be released from Granby Reservoir. This water is a portion of the 3,000 af 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.


WATER DIVISION 5

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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 the 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. Granby Reservoir is located in parts of T. 3 N. and T. 2 N., R. 76 W., 6th P.M., and T. 2 N., R. 75 W., 6th P.M.

Applicant shall only have the right to operate the exchange when water is available pursuant to its contract with MPWSD and when a

live stream exists between the downstream and upstream termini of the exchange. Date of Appropriation: Date of this application. How

appropriation initiated: Filing of this application and by resolution of the Board of Directors of District dated October 15, 2019. Date

water applied to beneficial use: Not applicable. Amount claimed: Conditional at the rates described in the exchange matrix attached

hereto as Exhibit C. Uses: Municipal, including irrigation, fire protection, piscatorial, fish and wildlife habitat, augmentation,

replacement of evaporative losses and aesthetic. 6. THIRD CLAIM: APPLICATION FOR CONDITIONAL WATER STORAGE

RIGHT. Applicant holds a conditional water storage right for the Grand County Water and Sanitation District No. 1 Reservoir, which

is specifically described above, pursuant to which the use of the Grand County Water and Sanitation District No. 1 Reservoir is

adjudicated for domestic and municipal purposes. Applicant seeks a new conditional water right to be known as the “GCWSD No. 1

Reservoir Augmentation Water Right” to allow use of the reservoir for augmentation purposes. The GCWSD No. 1 Reservoir

Augmentation Water Right is part of Applicant’s integrated water supply system. Date of Appropriation: Date of this application. How

appropriation initiated: Filing of this application and by resolution of the Board of Directors of Applicant dated October 15, 2019. Date

water applied to beneficial use: Not applicable. Amount claimed: 8.0 af, conditional (no expansion in the size of the reservoir is sought

herein). Use: Augmentation. Comments: The GCWSD No. 1 Reservoir Augmentation Water Right shall not be used for augmentation

until the Grand County Water and Sanitation District No. 1 Reservoir is lined to prevent seepage inflow and outflow. Lining the reservoir

is part of Applicant’s integrated water supply plan. 7. FOURTH CLAIM: PLAN FOR AUGMENTATION. Structures to be augmented:

Grand County Water and Sanitation District Pipeline No. 1 and its Enlargement, the Grand County Water and Sanitation District Pipeline

No. 2 and its Enlargement, the Grand County Water and Sanitation District Pipeline No. 1 and No. 2 as alternative points of diversion

for each other, Grand County Water and Sanitation District Pipeline No. 1 and No. 2 at an additional alternate point of diversion (see

§ 3.F), Grand County Water and Sanitation District Pipeline No. 3, and the Grand County Water and Sanitation District Pipeline No. 4,

all as more particularly described in Section 3 above. Water rights to be used for augmentation: The GCWSD Water Storage Reservoirs

Nos. 1 and 2, the Sitzmark Pond No. 1, the GCWSD No. 1 Reservoir Augmentation Water Right, the GCWSD Wolford Mountain

Exchange, the GCWSD Windy Gap Exchange No. 2, and water available to Applicant under its Water Allotment Contracts with the

Middle Park Water Conservancy District (250 af from Granby Reservoir and 12.75 af from Wolford Mountain Reservoir), all as more

particularly described above. Complete statement of plan for augmentation: Applicant provides water and sewer services to a portion

of the Town of Winter Park. As such, Applicant diverts, and will divert in the future, water from the structures to be augmented for

water supply purposes. This water is applied to domestic, commercial, irrigation, and other municipal purposes within Applicant’s

service boundaries, most of which is collected in Applicant’s sanitary sewer system and transported to the Upper Fraser Valley

Wastewater Treatment Plant located north of Fraser, Colorado (the “Wastewater Treatment Plant”). Treated wastewater is discharged

to the Fraser River. A relatively small portion of Applicant’s water supply system is, and will continue to be, applied to irrigation

purposes within Applicant’s service boundaries. Return flows (including delayed returned flows) from irrigation diversions are returned

to the Fraser River within Applicant’s service boundaries. This application seeks to quantify these irrigation return flows to offset a

portion of Applicant’s diversions. The purpose of this plan for augmentation is to permit Applicant to continue diversions of water under

the water rights and for the purposes identified above when curtailment would otherwise be required to meet a valid senior call for water.

Out of priority depletions from diversions in the amount of up to 2,424 af shall be replaced to prevent injury to vested water rights.

Non-irrigation depletions are calculated at 5% of diversions for non-irrigation purposes, and irrigation depletions are calculated at 83%

of diversions for irrigation purposes. This plan is intended to cover Applicant’s water service obligations up to the anticipated buildout

of the Town of Winter Park as estimated by the Town. In accordance with C.R.S. § 37-92-305(8)(c), or any subsequent amendment or

revision thereof, Applicant may use additional or alternative sources of water for augmentation, substitution, replacement, and exchange

pursuant to the decree entered upon this application in the manner allowed by statute in place at the time Applicant seeks to use such

additional or alternate replacement supplies. Applicant shall comply with all procedures required by such statute before using such

additional or alternate supplies in this plan for augmentation. 8. 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. A. The Grand County Water and Sanitation

District Pipeline No. 1 and its Enlargement, the Grand County Water and Sanitation District Pipeline No. 2 and its Enlargement, the

Grand County Water and Sanitation District Pipeline No. 1 and No. 2 as alternative points of diversion for each other are located on

United States Forest Service land and used by Applicant pursuant to a Special Use Permit, dated April 18, 2006 (Authorization ID:

SUL265). The address of the United States Forest Service is Jon Morrissey, District Ranger, U.S. Forest Sulphur Ranger District, 9 Ten

Mile Drive, P.O. Box 10, Granby, CO 80446. B. The Grand County Water and Sanitation District Pipeline No. 1 and No. 2 as an

additional alternate point of diversion not located on the National Forest is located on land owned by Hideaway Park Condominiums.

The address of Hideaway Park Condominiums is P.O. Box 3095, Winter Park, CO 80482. C. The Grand County Water and Sanitation

District Pipeline No. 3 is located on land owned by United States Forest Service. The address of the United States Forest Service is Jon

Morrissey, District Ranger, U.S. Forest Sulphur Ranger District, 9 Ten Mile Drive, P.O. Box 10, Granby, CO 80446. D. The Grand

County Water and Sanitation District Pipeline No. 4 is located on land owned by owned by the Town of Winter Park. The Town’s

address is c/o Keith Riesberg, Town Manager, 50 Vasquez Road, P.O. Box 3327, Winter Park, CO 80482. E. The GCWSD Water

Storage Reservoir No. 1 and the GCWSD Water Storage Reservoir No. 2 are located on land owned by Applicant. F. The diversion


WATER DIVISION 5

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structure, an overflow structure, an emergency spillway and discharge pipelines for the GCWSD Water Storage Reservoir No. 1 and the

GCWSD Water Storage Reservoir No. 2 are located on land owned by the Town of Fraser and used by Applicant pursuant to an Easement

from the Town of Fraser, dated June 24, 2007. The Town of Fraser’s address is c/o Jeff Durbin, Town Manager, 153 Fraser Avenue,

P.O. Box 370, Fraser, CO 80442. G. The diversion pipeline from the diversion structure to GCWSD Water Storage Reservoir No. 1 is

located on land owned by Rendezvous Colorado LLC and is used by Applicant pursuant to an Easement, dated January 7, 2007.

Rendezvous’ address is c/o Terry Stanford, 77795 U.S. Highway 40, P.O. Box 149, Winter Park, CO 80482. H. The Sitzmark Pond No.

1 is located on land owned by the Town of Winter Park. The Town’s address is c/o Keith Riesberg, Town Manager, 50 Vasquez Road,

P.O. Box 3327, Winter Park, CO 80482. I. The Grand County Water and Sanitation District No. 1 Reservoir and the GCWSD No. 1

Reservoir Augmentation Water Right (for which a conditional water right is requested herein) is located on land owned by Applicant.











19CW3130 (06CW249) 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 CRYSTAL RIVER

RANCH CO., LLC, IN GARFIELD COUNTY, COLORADO APPLICATION FOR FINDING OF REASONABLE DILIGENCE.

1. Name, Address, and Telephone Number of Applicant: Crystal River Ranch Co., LLC, Attn: Sue Anschutz-Rodgers, General Partner,

555 17th Street, Suite 2400, Denver, Co 80202, 303-299-1361. Direct all pleadings to: Glenn E. Porzak, Porzak Browning & Bushong

LLP, 2120 13th Street, Boulder, CO 80302. 2. Names of Structures. (a) Sue’s Four Mile Reservoir No. 1, (b) Sue’s Four Mile Reservoir

No. 2, 3. Description of the Subject Water Rights. The subject water rights were decreed by the District Court in and for Water Division

No. 5 State of Colorado (the “Water Court”) on November 7, 2013, in Case No. 06CW249. (a) Name of structures: Sue’s Four Mile

Reservoir No. 1 and Sue’s Four Mile Reservoir No. 2. (b) Legal description of the points of diversion: i. Sue’s Four Mile Reservoir No.

1: The point of diversion from Four Mile Creek is located at the headgate of the McKown Ditch, located at a point on the South bank

of Four Mile Creek at a point whence the South ¼ corner, Section 27, T. 7 S. R. 89 W., 6th P.M. bears North 6°30’ East 1,570 feet. The

Reservoir will also intercept springs and seeps in the Freeman Creek drainage tributary to the east end of the dam, which is located at a

point 2400 feet west of the east section line and 2700 feet south of the north section line of Section 26, T. 7 S., R. 89 W., 6th P.M. ii.

Sue’s Four Mile Reservoir No. 2: The point of diversion from Four Mile Creek is located at the headgate of the McKown Ditch, located

at a point on the South bank of Four Mile Creek at a point whence the South ¼ corner, Section 27, T. 7 S., R. 89 W., 6th P.M. bears

North 6°30’ East 1,570 feet. The Reservoir will also intercept springs and seeps tributary to the northeast end of the dam, which is

located at a point 1500 feet east of the west section line and 700 feet north of the south section line of Section 24, T. 7 S., R. 89 W., 6 th

P.M. (c) Source: Four Mile Creek, a tributary of the Roaring Fork River. (d) Appropriation date: December 1, 2006. (e) Amount

claimed: i. Sue’s Four Mile Reservoir No. 1: 500 acre-feet, conditional. ii. Sue’s Four Mile Reservoir No. 2: 500 acre-feet, conditional.

The maximum fill rate for either or both reservoirs is 35 cfs. (f) Uses: Stock watering, piscatorial, wildlife, and irrigation. The land to

be irrigated is located in Sections 14, 23, 24, 25, and 26, T. 7 S., R. 89 W., 6 th P.M. Augmentation and exchange uses of the subject

storage rights will require prior Water Court approval of a plan for augmentation and/or exchange. (g) Dam measurements: i. Sue’s Four

Mile Reservoir No. 1: 55 feet high and 950 feet long. The surface area when full is 22 acres. ii. Sue’s Four Mile Reservoir No. 2: 55

feet high and 800 feet long. The surface area when full is 30 acres. A map depicting the locations of the subject water rights and irrigated

lands is attached as Exhibit A. 4. Detailed outline of work done to complete project and apply water to beneficial use. During the subject

diligence period the Applicant spent in excess of $70,000 to (a) survey the reservoir sites; (b) prepare layouts of the dams and reservoirs;

(c) design work on the spillways, inlets, and outlet infrastructures of the reservoirs; (d) design irrigation improvements and conduct

layout of the pumps and sprinklers for the lands to be irrigated by the reservoirs; (e) conduct a hydrology analysis for each reservoir

site; (f) drill boreholes at each reservoir site; (g) test soil samples and perform a geotechnical analysis of each reservoir site; and (h)

prepare cost estimates for each reservoir site and all of the associated infrastructure. 5. Name and address of the owner of the land on

which the subject conditional water rights are located. Applicant. WHEREFORE Applicant requests that the Water Court issue a final

decree that (1) finds reasonable diligence in applying the Sue’s Four Mile Reservoir Nos. 1 and 2 to beneficial use, (2) continues the

Sue’s Four Mile Reservoirs Nos. 1 and 2 in full force and effect, and (3) grants such other and further relief as may be appropriate. (5

pages total with exhibit)







WATER DIVISION 5

PAGE 6






19CW3131 EAGLE COUNTY, Application for Findings of Reasonable Diligence. Applicant: Town of Eagle; please direct all

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

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

the following right: Town of Eagle Augmentation Station. Original decree: Case No. 84CW739, District Court, Water Division No.

5, July 21, 1987. Subsequent decree: Case No. 99CW145, 06CW66, and 13CW24, District Court, Water Division No. 5. Location: the

point of diversion will be near the South bank of the Eagle River in the NE ¼ NW ¼ of Section 5, Township 5 South, Range 84 West

of the 6th P.M., at a point whence Corner No. 1of Tract 46D bears North 77º09’ East a distance of 663 feet also described as being in

the NE¼ of the NW¼, of Section 5, Township 5 South, Range 84 West of the 6th P.M. at a point approximately 100 feet from the North

section line and 2345 feet from the West section line. Source: Eagle River, tributary to the Colorado River. Decreed amount: 2.0

c.f.s., conditional. Appropriation date: December 21, 1984. Uses: Irrigation of lawns, garden and green space, municipal, domestic,

commercial, fire protection, recreation, aesthetic, and all other beneficial uses, by augmentation and exchange. Owner of Land upon

which point of diversion will be located: Applicant. The Application includes a detailed description of the work performed during the

diligence period and the application of the water rights to beneficial use. (4 pages). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JANUARY 2020 to file with the Water Clerk a verified










19CW3132 (2012CW161, 2005CW22, 98CW6, 91CW75) EAGLE COUNTY, EAGLE RIVER AND ITS TRIBUTARIES.

APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE WATER RIGHTS ABSOLUTE. Name, address

and telephone number of Applicant: Wind Rose Properties, LLC, d/b/a The Club at Cordillera, P.O. Box 988, Edwards, Colorado 81632,

Telephone: (970) 569-6460, c/o David L. Kueter, Nicholas Rising, Holsinger Law, LLC, 1800 Glenarm Place, Suite 500, Denver,

Colorado 80202, Telephone: (303) 722-2828. 2. Names of structures: Golf Course Pond No. 1, Golf Course Pond No. 2, Golf Course

Pond No. 3, Golf Course Pond No. 4, Golf Course Pond No. 5, and Golf Course Pond No. 6, all located in the County of Eagle, Colorado.

3. Describe conditional water rights giving the following from the Judgment and Decree: a. Date of original decree: January 3,

1992, Case Number 91CW75, Water Division No. 5, State of Colorado. b. Date of subsequent diligence decrees: i. January 21, 1999,

Case No. 98CW6, Water Division 5, State of Colorado. ii. November 5, 2006, Case No. 05CW22, Water Division 5, State of Colorado.

iii. November 16, 2013, Case No. 12CW161, Water Division 5, State of Colorado. c. Location of the structures: The structures are

located on Applicant’s golf course shown on Figure 1 hereto, and more specifically described as follows: i. Golf Course Pond No. 1 is

located in the SE¼ of the SE¼ of Section 10, Township 5 South, Range 83 West of the 6th P.M. and in the NE¼ of the NE¼ of Section 15,

Township 5 South, Range 83 West of the 6th P.M. ii. Golf Course Pond No. 2 is located in the NE¼ of the NE¼ of Section 15, Township

5 South, Range 83 West of the 6th P.M., and in the NW¼ of the NE¼ of said section. iii. Golf Course Pond No. 3 is located in the NE¼

of the NE¼ of Section 15, Township 5 South, Range 83 West of the 6th P.M. iv. Golf Course Pond No. 4 is located in the NW¼ of the NW¼

of Section 14, Township 5 South, Range 83 West of the 6th P.M. v. Golf Course Pond No. 5 (as changed in Case No. 2005CW22): Golf

Course Ponds Nos. 4 and 5 were combined at the location of Golf Course Pond No. 4 in the NW¼ of the NW¼ of Section 14, Township

5 South, Range 83 West of the 6th P.M., 850 feet from the north section line and 600 feet from the west section line of said Section 14.

vi. Golf Course Pond No. 6 (as changed in Case No. 2005CW22) is located in the NW¼ of the NW¼ of Section 14, Township 5 South,

Range 83 West of the 6th P.M., at a location 980 feet from the north section line and 900 feet from the west section line of said Section 14.

d. Decreed sources of water: Each of the reservoirs will be filled by one or more of the following: i. The Graham Ditch, the capacity of

which is 8 c.f.s., the point of diversion for said ditch on Squaw Creek is on the west bank of Squaw Creek, in the SE¼ of the SE¼ of Section

23, Township 5 South, Range 83 West of the 6th P.M., from which the Southeast Corner of Section 23 bears S.24º 30'E. a distance of

approximately 1,650 feet, with the right to fill and refill each reservoir continuously. ii. Each reservoir may also be filled and refilled by

diversions through the diversion structures separately decreed in Case No. 91CW76, at the locations set forth in the decree therein and

repeated as follows: (1) Stag Gulch Diversion Point No. 1 is located on Stag Gulch, a tributary of Squaw Creek, a tributary of the Eagle

River, on Stag Gulch at a point located in Section 14, Township 5 South, Range 83 West of the 6th P.M., from which the NW Corner of

said Section 14 bears N.21º 45'W. a distance of approximately 3,500 feet. (2) Stag Gulch Diversion Point No. 2 is located on Stag Creek,

a tributary of Squaw Creek, a tributary of the Eagle River, on Stag Creek at a point located in Section 14, Township 5 South, Range 83

West of the 6th P.M. from which the NW Corner of said Section 14 bears N.06ºW. a distance of approximately 1,660 feet. (3) Stag Gulch

Diversion Point No. 3 is located on Stag Creek, a tributary of Squaw Creek, a tributary of the Eagle River, on Stag Creek at a point located




WATER DIVISION 5

PAGE 7

in Section 15, Township 5 South, Range 83 West of the 6th P.M. from which the NE Corner of said Section 15 bears N.09ºE. a distance

of approximately 2,450 feet. (4) Stag Gulch Diversion Point No. 4 is located on Red Draw, a tributary of Squaw Creek, a tributary of the

Eagle River, on Red Draw at a point located in Section 15, Township 5 South, Range 83 West of the 6th P.M. from which the NE Corner

of said Section 15 bears N.62ºE. a distance of approximately 1,650 feet. (5) Stag Gulch Diversion Point No. 5 is located on Red Draw,

a tributary of Squaw Creek, a tributary of the Eagle River, on Red Draw at a point located in Section 10, Township 5 South, Range 83 West

of the 6th P.M. from which the SE Corner of said Section 10 bears S.34º15'E. a distance of approximately 420 feet. iii. Each of the sources

listed in paragraph 3.d.(ii), above, may be diverted at the rate of 5 c.f.s., with the right to fill and refill each reservoir continuously. e.

Decreed appropriation date: April 26, 1990. f. Decreed amounts of water: The amount of water originally decreed to each reservoir

by the decree entered on January 3, 1992 in Case No. 91CW75 was 10 acre-feet, conditional, with each reservoir having the right to fill

and refill, continuously. Subsequent decrees are discussed as follows: i. Golf Course Pond No. 1: (1) By the decree entered in Case No.

98CW6, 7.1 acre-feet was decreed absolute for purposes of irrigation, recreation, storage, piscatorial, golf course hazard and fire

protection, with the right to fill and refill continuously. ( 2 ) 2.9 acre-feet remains conditional for purposes of irrigation, recreation,

storage, piscatorial, golf course hazard and fire protection, with the right to fill and refill continuously. (3) 10.0 acre-feet remains

conditional for purposes of exchange, stock-watering, augmentation and replacement, with the right to fill and refill continuously. ii. Golf

Course Pond No. 2: (1) By the decree entered in Case No. 98CW6, 7.36 acre-feet was decreed absolute for purposes of irrigation, recreation,

storage, piscatorial, golf course hazard and fire protection, with the right to fill and refill continuously. (2) 2.64 acre-feet remains

conditional for purposes of irrigation, recreation, storage, piscatorial, golf course hazard and fire protection, with the right to fill and

refill continuously. (3) 10.0 acre-feet remains conditional for purposes of exchange, stock-watering, augmentation and replacement, with

the right to fill and refill continuously. iii. Golf Course Pond No. 3: (1) 10.0 acre-feet remains conditional for purposes of irrigation,

recreation, storage, piscatorial, golf course hazard, fire protection, exchange, stock-watering, augmentation and replacement, with the right

to fill and refill continuously. iv. Golf Course Pond No. 4: (1) By the decree entered in Case No. 98CW6, 10.0 acre-feet was decreed absolute

for purposes of irrigation, recreation, storage, piscatorial, golf course hazard and fire protection, with the right to fill and refill

continuously. (2) 10.0 acre-feet remains conditional for purposes of exchange, stock-watering, augmentation and replacement, with the

right to fill and refill continuously. v. Golf Course Pond No. 5: (1) By the decree entered in Case No. 2005CW22, 8.84 acre-feet was

decreed absolute for purposes of irrigation, recreation, storage, piscatorial, golf course hazard and fire protection, with the right to fill and

refill continuously. ( 2 ) 1.16 acre-feet remains conditional for purposes of irrigation, recreation, storage, piscatorial, golf course hazard,

and fire protection, with the right to fill and refill continuously. (3) 10.0 acre-feet remains conditional for purposes of exchange, stock-

watering, augmentation and replacement, with the right to fill and refill continuously. vi. Golf Course Pond No. 6: (1) By the decree

entered in Case No. 05CW22, 8.23 acre-feet was decreed absolute for purposes of irrigation, recreation, storage, piscatorial, golf course

hazard and fire protection, with the right to fill and refill continuously. ( 2 ) 1.77 acre-feet remains conditional for purposes of irrigation,

recreation, storage, piscatorial, golf course hazard, and fire protection, with the right to fill and refill continuously. (3) 10.0 acre-feet

remains conditional for purposes of exchange, stock-watering, augmentation and replacement, with the right to fill and refill continuously.

g. Decreed uses of the water: Irrigation, augmentation, replacement, exchange, storage, stock watering, recreation, piscatorial, golf

course hazard and fire protection purposes. As part of said uses, each structure's use includes use for augmentation, replacement and

exchange pursuant to the decrees in Cases Nos. 91CW77 and 91CW78, as the same may be amended. h. Capacities: The decreed

capacity of each reservoir is as follows: i. The capacity of each reservoir is as set forth in paragraph 3.f. above. ii. The active capacity of

each reservoir is as set forth in paragraph 3.f. above. iii. The dead storage in each reservoir is 0 acre-feet. iv. The maximum height of the

embankment for each reservoir is less than 10 feet. v. The names and capacities of the ditches leading to the reservoirs are set forth in

paragraph 3.c. above. vi. Irrigated acreage: Pursuant to the decree in Case No. 91CW75, lands in Sections 1, 2, 9, 10, 13, 14 and 15,

Township 5 South, Range 83West of the 6th P.M., and in Section 6, Township 5 South, Range 82 West of the 6th P.M. will be irrigated

in part by the subject water rights. The total presently irrigated acreage is approximately 75 acres. 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: Moneys have been expended for engineering, legal advice and litigation for the subject

water rights and for planning, design and construction of various features of the Applicant’s integrated raw water systems which service the

Cordillera golf courses and related facilities. Total expenditures on these efforts and associated work during the diligence period is

estimated to be in excess of $503,898. These amounts include expenditures for repair and maintenance of the pump house, pump station

and irrigation lines for the golf course, and fees and costs for engineering and legal consultants during the diligence period. Project-

specific activities occurring during the diligence period include the following: a. In 2016 the overflow structure on Golf Course Pond

No. 2 was observed to leak. It was repaired and the holding capacity increased by approximately 0.5 acre feet. b. In 2017 the overflow

structure on Pond No. 6 was raised to increase the holding capacity by approximately 0.2 acre feet. c. In 2017 the overflow structure

was raised on Pond No. 4/5 to increase the holding capacity by approximately 1.0 acre foot in the combined pond. 5. Water applied to

beneficial use: All or portions of the water rights decreed to Golf Course Pond No. 1, Golf Course Pond No. 2, Golf Course Pond No.

4, Golf Course Pond No. 5 and Golf Course Pond No. 6 were previously decreed absolute for some uses and continued as conditional

for other uses. Following the filing of the previous application for these water rights in Case No. 2012CW161, the Colorado legislature

enacted C.R.S. § 37-92-301(4)(e), which provides: “A decreed conditional water storage right shall be made absolute for all decreed

purposes to the extent of the volume of the appropriation that has been captured, possessed, and controlled at the decreed storage

structure.” In addition, as described above in paragraph 4, Ponds 2, 4/5, and 6 were enlarged during the diligence period. Applicant

therefore claims the following amounts absolute for all uses based on storage during the diligence period: a. Golf Course Pond No. 1:

7.1 acre feet absolute for all uses, with 2.9 acre feet remaining conditional for all uses. b. Golf Course Pond No. 2: 7.86 acre feet

absolute for all uses, with 2.14 acre feet remaining conditional for all uses. c. Golf Course Pond No. 3: 10.0 acre feet remains conditional


WATER DIVISION 5

PAGE 8

for all uses. d. Golf Course Pond No. 4: 10.0 acre feet absolute for all uses. e. Golf Course Pond No. 5: 9.84 acre feet absolute for all

uses, with 0.16 acre feet remaining conditional for all uses. f. Golf Course Pond No. 6: 8.43 acre feet absolute for all uses, with 1.57

acre feet remaining conditional for all uses. 6. 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: Applicant. WHEREFORE, Applicant requests the Court to enter its decree and ruling entering a finding

that the water rights herein have been made absolute in the amounts set forth in paragraph 5, above, and for a finding of reasonable

diligence with respect to the remaining conditional water rights in the amounts listed in said paragraph 5. (9 pages, including 1 page of

exhibits.)











19CW3134 GARFIELD COUNTY, COLORADO. APPLICATION FOR A CORRECTION FOR AN ESTABLISHED BUT

ERRONEOUSLY DESCRIBED POINT OF DIVERSION PURSUANT TO C.R.S. § 37-92-305(3.6). Applicant: The Rebecca

Donelson Revocable Trust, c/o Kelcey C. Nichols, Wood Nichols Pearce, LLC, 201 Main St. Suite 301, Carbondale, CO 81623, (970)

963-3800, [email protected]. Decreed water right for which correction is sought: Well Permit No. 13562. Legal description

of the structure as described in the well permit: NW ¼ of NE ¼ of Section 30, Township 7 South, Range 87 W., 6th Principal Meridian.

Date of Well Application Approval: November 19, 1962. Total amount decreed to well: 30 gallons per minute. Decreed uses: Domestic.

Location of the new or corrected surface point of diversion. A point in the NE¼ of the NW ¼ of Section 30, 230 feet from the north line

of Section 30 and 220 feet west from the center line of Section 30, Latitude 39025’17”, Longitude: 107009’28”. Owner: The Rebecca

Donelson Revocable Trust. Applicant seeks a decree correcting the erroneously described diversion point pursuant to C.R.S. § 37-92-

305(3.6) as described in the application. The change in diversion point will not cause an enlargement of the historical use.











19CW3135 EAGLE COUNTY – ROARING FORK RIVER Hole in the Ground, LLC c/o Kevin L. Patrick, Esq. and Danielle L.

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

OF REASONABLE DILIGENCE. Name of Structure: Crawford Dam No. 2. Original Decree: May 18, 1978; Case No. W-3368, Div.

5 Water Court. Legal description: SW corner of the centerline of the axis of the dam is located at a point whence the SW corner of

Section 26, Township 7 S., Range 87 W. of the 6th P.M. bears South 24°00’ W. approximately 1,175 feet. Source: Blue Creek, tributary

to Roaring Fork River. Appropriation date: March 1, 1977. Amount and uses: 56 acre-feet total for piscatorial, recreational, municipal,

domestic, irrigation, mechanical, manufacturing, generation of power, power generally, fire protection, sewage treatment, street

sprinkling, and watering of parks, lawns and grounds purposes. Amounts and uses remaining conditional: 27.59 acre-feet for piscatorial,

recreation, irrigation, and watering of parks, lawns and grounds purposes; 48.6 acre-feet for street sprinkling purposes; 56 acre-feet for

municipal, domestic, mechanical, manufacturing, generation of power, power generally, fire protection, and sewage treatment purposes.

Map of water right is on file with the court as Exhibit A. A list of work done towards completion of the appropriation of the water right,

including expenditures, is on file with the court as Exhibit B. The Water Use Agreement referenced in Exhibit B is on file with the court

as Exhibit C. Applicant owns the land where water right is located and where water is or will be put to beneficial use for piscatorial and

recreational purposes. Land where water is or will be put to use for all other beneficial uses is owned by Crawford Properties, LLC, a

Colorado legal liability company whose legal address is 60 El Jebel Road, #105, El Jebel, CO 81623.









WATER DIVISION 5

PAGE 9






19CW3136 (12CW19, 04CW157), DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO, 109 8th Street, Suite

104, Glenwood Springs, Colorado 81601, (970) 945-5075. CONCERNING THE APPLICATION FOR WATER RIGHTS OF:

BUCKHORN VALLEY METROPOLITAN DISTRICT NO. 1 IN EAGLE, GARFIELD, AND PITKIN COUNTIES,

APPLICATION TO MAKE ABSOLUTE AND FOR FINDING OF REASONABLE DILIGENCE. 1. Name, address, and

telephone number of Applicants: Buckhorn Valley Metropolitan District No. 1 (“Buckhorn”), c/o John V. Hill, P.O. Box 5128, Gypsum,

CO 81637, (970) 524-1566. Direct all pleadings to: Steven J. Bushong, Gunnar J. Paulsen, Porzak Browning & Bushong LLP, 2120 13th

Street, Boulder, CO 80302. 2. Name of Structures: Appropriative Right of Exchange for the 2004 Exchange (“2004 Exchange”). 3.

Description of Conditional Water Rights. A. Date of Original Decree, Case No., and Court: February 16, 2006, Case No. 2004CW157,

District Court for Water Division 5 (“04CW157 Decree”). B. Legal Description: 1. Point of diversion by exchange (exchange-to point):

The 2004 Exchange point of diversion is located in the SW1/4 NE1/4 of Section 1, Township 5 South, Range 85 West of the 6 th P.M.,

in Eagle County, at a point whence the SW corner of Section 2, Township 5 South, Range 85 West of the 6th P.M. bears South 68 degrees

38 minutes 32 seconds West a distance of 8,815 feet. a. Remark: This point of diversion is the same as that for the Eagle River Exchange

(“2002 Exchange”) and the Eagle River Right, both of which were confirmed in the decree entered on February 18, 2004 in Consolidated

Case Nos. 1997CW2 and 1997CW136 by the District Court for Water Division 5 (“97CW2-97CW136 Decree”), and made absolute in

the decree entered on January 30, 2011 in Case No. 2010CW21 by the District Court for Water Division 5. Nothing herein shall be

construed to affect in any way the 2002 Exchange and/or the Eagle River Right. 2. Points of introduction of substitute supply: a. Wolford

Mountain Reservoir: Wolford Mountain Reservoir, the dam of which is located in the SW1/4 NE1/4 of Section 25, Township 2 North,

Range 81 West of the 6th P.M., in Grand County. The intersection of the dam axis (Sta. D19+35.61) with the West Access Road (Sta.

WR50+55.05) occurs at a point which bears South 53 degrees 24 minutes 56 seconds East a distance of 3,395.61 feet from the northwest

corner of said Section 25; the bearing of said dam axis from Sta.19+35.61 to Sta. 0+00 being South 75 degrees 28 minutes 29 seconds

East. b. Ruedi Reservoir: Ruedi Reservoir is located in Sections 7, 8, 9, 11, and 14 through 18, Township 8 South, Range 84 West of

the 6th P.M., in Eagle and Pitkin Counties. The dam axis intersects the right abutment at a point whence the southwest corner of said

Section 7 bears North 82 degrees 10 minutes West a distance of 1,285 feet. 3. Exchange Reaches: a. The reach of the 2004 Exchange

using Wolford Mountain Reservoir is from the confluence of the Colorado and Eagle Rivers in the NE1/4 of Section 5, Township 5

South, Range 68 West of the 6th P.M., in Eagle County, up to the 2004 Exchange point of diversion. b. The reach of the 2004 Exchange

using Ruedi Reservoir is from the point of release from Ruedi Reservoir to the Fryingpan River in the NW1/4 of Section 18, Township

8 South, Range 84 West of the 6th P.M. in Pitkin County, thence delivery down the Fryingpan River to its confluence with the Roaring

Fork River in the SE1/4 of Section 7, Township 8 South, Range 86 West of the 6 th P.M. in Eagle County, thence delivery down the

Roaring Fork River to its junction with the Colorado River in the NW1/4 of Section 9, Township 6 South, Range 89 West of the 6th P.M.

in Garfield County, thence exchanged up to the Colorado River to its junction with the Eagle River in the NE1/4 of Section 5, Township

5 South, Range 86 West of the 6th P.M. in Eagle County, thence exchanged up the Eagle River to the 2004 Exchange point of diversion.

A map showing the approximate locations of the reaches of the 2004 Exchange and certain relevant structures is attached as Exhibit A

to the Application. C. Source of Water: 1. Source of water to be diverted by exchange: The source of water diverted by exchange at the

2004 Exchange point of diversion is the Eagle River, tributary to the Colorado River. 2. Substitute supply: The substitute supply for the

2002 Exchange is a paid-up water allotment contract (CW02019) with the Colorado River Water Conservation District (“CRWCD”),

acting by and through its Colorado River Water Projects Enterprise for 50 acre-feet of Colorado River supply water (“Original Exchange

Contract”). For the 2004 Exchange, Buckhorn secured from the CRWCD an amendment to the Original Exchange Contract for an

additional 50 acre-feet of Colorado River supply water (“Amended Exchange Contract”). 3. Sources of water for the Amended Exchange

Contract: a. Wolford Mountain Reservoir: Water rights for Wolford Mountain Reservoir were adjudicated in Case No 1987CW283 for

59,993 acre-feet with an appropriation date of December 14, 1987 for all beneficial uses including, without limitation, domestic,

municipal, agricultural, and recreational and the decree was entered November 20, 1989, District Court for Water Division 5. The legal

description of Wolford Mountain Reservoir is described above in paragraph 3.B.2.a. The source of water is Muddy Creek and its

tributaries, all tributary to the Colorado River. Additional applicable decrees are those entered in Case No. 1995CW281 on August 26,

1997 in the same District Court for 6,000 acre-feet (enlargement) with an appropriation date of January 16, 1995 for all beneficial uses

by and for the benefits of the inhabitants of the CRWCD including, without limitation, domestic, municipal, industrial, irrigation,

agricultural, piscatorial, recreational and environmental mitigation and the decree entered in Case No. 1998CW237 on July 6, 2000 in

the same District Court for 30,000 acre-feet (refill) with an appropriation date of November 17, 1998 for the beneficial uses decreed in

the previous cases. b. Ruedi Reservoir: The CRWCD is entitled to deliveries of water from Ruedi Reservoir pursuant to contracts with

the U.S. Bureau of Reclamation. The legal description of Ruedi Reservoir is described above in paragraph 3.B.2.b. Water rights were

decreed to Ruedi Reservoir in Civil Action No. 4613, Garfield County District Court, on June 20, 1958 for 140,697.3 acre-feet and were

reduced to 102,369 acre-feet pursuant to an order of the District Court for Water Division 5 in Case No. W-789-76, with an appropriation

date of July 29, 1957 for domestic, municipal, irrigation, industrial, generation of electrical energy, stock watering, and piscatorial uses.

A water right was decreed to Ruedi Reservoir in Case No. 1981CW34, District Court for Water Division 5, on April 8, 1985, for 101,280

acre-feet (refill) with an appropriation date of January 22, 1981 for irrigation, domestic, municipal, generation of electric energy, stock


WATER DIVISION 5

PAGE 10

watering, industrial, piscatorial, recreation and maintenance of sufficient reserves to fulfill contractual obligations and provide stored

water for recreation in times of drought. D. Appropriation Date: July 28, 2004. E. Amount: 1.5 cubic feet per second (“c.f.s.”), originally

decreed conditional. F. Uses: Irrigation of the Buckhorn Valley development and the Holy Cross Property described in the 97CW2-

97CW136 Decree, storage in Buckhorn Ponds 1, 2 and 3, piscatorial and recreation after being stored in the Buckhorn Ponds, dust

control and other construction uses in conjunction with the development of Buckhorn Valley. The approximate location of the irrigated

area is identified on the map attached as Exhibit B to the Application. The foregoing uses are the same as those decreed for the 2002

Exchange and the Eagle River Right decreed in the 97CW2-97CW136 Decree. 4. Subsequent Decrees Awarding Absolute Water Rights

and Findings of Reasonable Diligence: November 10, 2013, Case No. 2012CW19, District Court for Water Division 5 (“12CW19

Decree”). In the 12CW19 Decree, the 2004 Exchange was made absolute for all uses at the full decreed rate of exchange of 1.5 c.f.s.

using water delivered from Wolford Mountain Reservoir, in the amount of 38.15 acre-feet. Findings of reasonable diligence were made

on 11.85 acre-feet of the 2004 Exchange using water delivered from Wolford Mountain Reservoir and for the 2004 Exchange using

water delivered from Ruedi Reservoir. 5. Claims to make absolute: A. Date water applied to beneficial use: October 3, 2006 and

subsequently. B. Amount: 1.5 c.f.s. of the 2004 Exchange using Wolford Mountain Reservoir water. C. Uses: All decreed uses. D.

Remarks: Buckhorn seeks a finding that the exchange using Wolford Mountain Reservoir water is absolute in its entirety based on the

in-priority operation of that exchange at its full decreed rate of exchange of 1.5 c.f.s. as demonstrated in Case No. 12CW19. The 50

acre-foot annual volumetric limit is a limitation on the 2004 Exchange, not a conditional component of the appropriate right of exchange

to be made absolute. The only portion of the 2004 Exchange that should remain conditional is the exchange using the delivery of water

from Ruedi Reservoir. 6. Detailed outline of work done to complete project and apply water to a beneficial use: To the extent any of the

conditional water rights described in paragraph 3 above are not made fully absolute in all amounts and/or in all uses by this Application,

Buckhorn seeks a finding of reasonable diligence to retain said conditional water rights or the remaining conditional portions thereof.

Buckhorn operates an integrated water supply system for beneficial use such that work on one feature of the project or system shall be

considered in finding whether reasonable diligence has been shown in the development of the exchange rights for all features of the

entire project or system pursuant to C.R.S. § 37-92-301(4)(b). During the diligence period, Buckhorn was diligent in continuing the

development of the subject conditional water rights. Those activities include, but are not limited to, the following: A. Buckhorn incurred

approximately $1,774,000 in operation, maintenance, and repair of its water supply system, including, without limitation, distribution

lines, excavation work, and other water supply infrastructure, including facilities in conjunction with the water rights that are the subject

of this Application. B. Buckhorn incurred approximately $21,000 to maintain its CRWCD contract during the diligence period. C.

Buckhorn prosecuted Case No. 11CW175, which conditionally decreed the BV McHatten Creek Ditch as a source to fill Buckhorn Pond

No. 1. D. Buckhorn prosecuted Case No. 16CW3173, which decreed a new conditional water right for Buckhorn Pond No. 1 to allow

storage of water delivered by Buckhorn’s JPO Ditch No. 1 and JPO Ditch No. 2. E. Buckhorn acquired new property and water rights

for a park in 2016. F. Buckhorn entered into an agreement with Trout Unlimited to construct a pipeline for certain irrigation water rights

to allow more efficient delivery of water and to leave more water in the creek for at-risk native cutthroat trout. This project was completed

in 2019 and a relevant decree obtained in Case No. 18CW3025. G. Buckhorn prosecuted Case No. 17CW3020, by which it made portions

of certain water rights absolute and retained the conditional status of other water rights. H. Buckhorn continued to implement

improvements to facilitate the build-out of the Buckhorn Valley development upon which the subject water rights are and will be used.

I. Buckhorn incurred approximately $45,000 in water resource engineering costs associated with the development of its water supply

system. J. Buckhorn incurred approximately $56,000 in legal costs associated with the development of its water supply system. 7. Name

and address of the owner of the land on which the subject conditional water rights are located: The 2004 Exchange-to point of diversion

is constructed. Said structure is located on land owned by Hillis of Snowmass, Inc., 170 E. Gore Creek Dr., Vail, CO 81657. Wolford

Mountain Reservoir: Colorado River Water Conservation District, P. O. Box 1120 Glenwood Springs, Colorado 81601. Ruedi Reservoir:

U.S. Department of the Interior Bureau of Reclamation, 2764 Compass Drive Grand Junction, Colorado 81506. WHEREFORE,

Buckhorn prays that this Court enter a decree: (A) finding that Buckhorn has perfected and made absolute the entire decreed amount of

1.5 c.f.s. of the 2004 Exchange using Wolford Mountain Reservoir for all uses; (B) finding that Buckhorn has exercised reasonable

diligence in the development of all remaining conditional water rights decreed to the 2004 Exchange not made absolute, including the

1.5 c.f.s. exchange using releases of Ruedi Reservoir water and any portion of the exchange using Wolford Mountain Reservoir not

made absolute, and that said conditional water rights are continued in full force and effect; and (C) providing such other relief as this

Court deems just and proper. (10 pages total with exhibits)











19CW3137 PITKIN COUNTY, COLORADO. WATER RIGHT TRIBUTARY TO THE ROARING FORK RIVER. Application

for Findings of Reasonable Diligence. Aspen Skiing Company, LLC, c/o Meghan N. Winokur, Tarn Udall, HOLLAND & HART LLP, 600


WATER DIVISION 5

PAGE 11

E. Main St., Suite 104, Aspen, CO 81611-1991. [email protected]; [email protected]. Name of structure: Loushin

Pipeline. Previous decrees: Original decree: July 28, 1977, Case No. W-3091, Water Division No. 5, State of Colorado. Subsequent

decrees: 80CW452, 89CW004, 92CW264, 00CW81, 06CW219 & 06CW220 (Consolidated), all in Water Division No. 5, State of

Colorado. Location: The point of diversion of the Loushin Pipeline is located in unsurveyed Section 30, Township 10 South, Range 84

West of the 6th P.M., at a point whence Corner No. 4 of the Iron Silver Placer, M.S. No. 5963 bears South 11°47’20” West, a distance

of 3,954.14 feet. The GPS coordinates based on a handheld GPS for this location are 39°09.230’ N and 106°48.419’ W at 9,903 feet

elevation. From the point of diversion, the Loushin Pipeline proceeds along the following course from the pump house: Thence South

82°17’00” West 20.00 feet; South 49°00’00” West 280.00 feet; Thence South 62°22’00’ West 155.00 feet; Thence South 67°16’00”

West 200.00 feet; Thence South 70°00’00” West 600.00 feet to the point of intersection with an existing pipeline. Legal description of

point of diversion based on UTM coordinates acquired from a handheld GPS unit at the point of diversion: in unsurveyed Section 30,

Township 10 South, Range 84 West of the Sixth Principal Meridian: UTM Grid Zone: 13N; Easting: 343852 meters; Northing: 4335399

meters. A map of the location of the point of diversion is attached to the Application as Exhibit A. Source: The decreed source of

supply consists of Spring Nos. 12, 13 and 14, which are tributary to an unknown tributary of the Roaring Fork River. These springs are

also known as the “Barilla Springs.” The originally decreed legal descriptions for the locations of the springs are as follows: Spring No.

12 whence Corner 4 of said Iron Silver Placer bears South 08°47’27” West 3,782.33 feet. Spring No. 13 whence Corner 4 of said Iron

Silver Placer bears South 08°55’55” West 3,723.05 feet. Spring No. 14 whence Corner 4 of said Iron Silver Placer bears South 09°42’38”

West 3,581.50 feet. Appropriation date: June 30, 1967. Amount:1.0 c.f.s., conditional. Uses: domestic, mining, recreation, and storage.

Note: On September 29, 1993, in Case No. 92CW264, Water Division No. 5, 1.0 c.f.s. was decreed absolute to Loushin Pipeline for

recreation and storage uses. The remaining conditional uses of domestic and mining are involved herein. Integrated system: The Water

Court has made a finding that the subject water right is an individual component of Applicant’s integrated water supply system serving

the demands of the Iron Silver Placer and Aspen Mountain Ski Area. Consequently, in subsequent diligence proceedings, work on any

one feature of Applicant’s water supply system shall be considered in determining whether reasonable diligence has been shown in the

development of water rights for all features of Applicant’s water supply system. See C.R.S. § 37-92-301(4)(b); see, e.g., paragraph 11

of the final Decree in Consolidated Case Nos. 06CW219 & 06CW220. A detailed outline of what has been performed towards

completion of the appropriation during the diligence period is included in the Application. 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: Aspen Skiing

Company, LLC, P.O. Box 1248, Aspen, Colorado 81612; and United States Forest Service, 806 W. Hallam, Aspen, Colorado 81611. (7

pages)











19CW3138 PITKIN COUNTY, Application for Findings of Reasonable Diligence. Applicants: Mark and Karen Johnson; please

direct all correspondence to Applicants’ attorneys: Mary Elizabeth Geiger, Garfield & Hecht, P.C., 901 Grand Avenue, Suite 201,

Glenwood Springs, CO 81601, (970)947-1936, [email protected]. Applicants request findings of reasonable diligence with

regard to the following water right: Sky Island Pump and Pipeline. Description of conditional water right: Date of original decree:

November 8, 1993. Case number: 92CW216 (Rulings 1 and 2). Court: District Court, Water Division No. 5. Subsequent Diligence Findings:

Case Nos. 99CW272, 06CW156 and 13CW3000. Decreed location: SW¼ NE¼ of Section 34, Township 8 South, Range 86 West of the

6th P.M. at a point 2,400 feet west of the east section line and 2,410 feet south of the north section line. Source: Snowmass Creek,

tributary to the Roaring Fork River, tributary to the Colorado River. Appropriation date: August 12, 1992. Amount: 50 g.p.m. (0.11

c.f.s.), conditional. Use: Irrigation, livestock, piscatorial, recreation and aesthetic purposes. Owners of land upon which point of

diversion will be located: Brod Family GST Exempt Irrevocable Trust, 7009 Kingsbury Blvd., Saint Louis, MO 63130. Applicants

request findings of reasonable diligence with regard to the following water right: Sky Island Pond. Description of conditional water

right: Date of original decree: November 8, 1993. Case number: 92CW216 (Rulings 1 and 2). Court: District Court, Water Division No. 5.

Subsequent Diligence Findings: Case Nos. 99CW272, 06CW156, and 13CW3000. Decreed location: SE¼ NW¼ and the NE¼ SW¼ of

Section 34, Township 8 South, Range 86 West of the 6th P.M. The centerline of the dam axis is located 2,540 feet east of the west

section line and 2,600 feet south of the north section line. Source: Runoff water tributary to the pond and the Sky Island Pump and Pipeline,

which diverts from Snowmass Creek, tributary to the Roaring Fork River, tributary to the Colorado River. Appropriation date: August 12,

1992. Amount: 5.0 acre feet, conditional, with the right to fill and refill when and if water is legally and physically available. Use: Irrigation,

livestock, piscatorial, recreation and aesthetic purposes. Owners of land upon which place of storage will be located: Applicants. The

Application includes a detailed description of the work performed during the diligence period and the application of the water rights to

beneficial use. (4 pages).








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PAGE 12











19CW3139 GARFIELD COUNTY. ALLUVIAL AQUIFER TRIB. TO THE COLORADO RIVER. Application for Finding of

Reasonable Diligence and to Confirm Absolute, in Part. Applicants: Gypsum Ranch Co., LLC and Silt Sand and Gravel LLC, c/o

Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602; 970-945-6546. Summary of Application: Applicants request

a finding of reasonable diligence for the Grand River Park Lake Well 1A, Grand River Park Lake Well 1B. Grand River Park Lake Well

2, Grand River Park Lake Well 3A and Grand River Park Lake Well 3B, (the “Grand River Park Lake Wells”) and for the Hangs Well

No. 1. Collectively, these water rights are referred to as the “Subject Water Rights.” Applicants also request confirmation that a portion

of the Grand River Park Lake Wells 1B, 2, and 3A have been made absolute. A copy of the engineering report summarizing Applicants’

claims is included in the Application. Prior decrees for Subject Water Rights: 06CW121 and 13CW3002, all in District Court, Water

Division 5. Source of Subject Water Rights: Alluvial aquifer trib. to the Colorado River. Date of Approp. of Subj. Water Rights:

6/29/2006. Depth of all Grand River Park Lake Wells: 25 ft. (20 ft. below groundwater level). Amt. Decreed for all Grand River Park

Lake Wells: 10 c.f.s., cond., with max. total annual depletions of 316 AF per year for the Grand River Park Lake Wells. Dewatering of

one or more wells during mining operations shall not exceed 10 c.f.s. Of the 10 c.f.s., up to 1 c.f.s. may be used for sand and gravel

washing, 0.5 c.f.s. for dust control, and 0.5 c.f.s. for truck and equipment washing. Once mining is complete, the combined surface area

for the Grand River Park Lake Wells is est. to be 90 acres. Structure: Grand River Park Lake Well 1A. Well Permit # 75949-F. Legal

description: SW1/4, SE1/4, Sec. 9, T. 6 S., R. 92 W., 6th P.M. at a pt. 500 ft. from the S. line and 2,475 ft. from the E. line of said Sec.

9. Uses: Ind., rec., and pisc. Remarks: The total surface area of exposed groundwater for the Grand River Park Lake Well 1A is est. to

be 1 acre. Once mining is complete, the combined surface area for the Grand River Park Lake Wells is est. to be 90 acres. Structure:

Grand River Park Lake Well 1B. Well Permit # 65751-F. Legal description: NW1/4, SE1/4, Sec. 9, T. 6 S., R. 92 W., 6th P.M. at a pt.

1,950 ft. from the S. line and 2,100 ft. from the E. line of said Sec. 9. Uses: Ind., rec., and pisc. Remarks: The total surface area of

exposed groundwater for the Grand River Park Lake Well 1B is est. to be 16.2 acres. Structure: Grand River Park Lake Well 2. Well

Permit # 75950-F. Legal description: SE1/4, SW1/4, Sec. 9, T. 6 S., R. 92 W., 6th P.M. at a pt. 500 ft. from the S. line and 3,050 ft.

from the E. line of said Sec. 9. Uses: Ind., rec., and pisc. Remarks: The total surface area of exposed groundwater for the Grand River

Park Lake Well 2 is est. to be 13.76 acres. Structure: Grand River Park Lake Well 3A. Well Permit # 80698-F. Legal description:

NE1/4, SW1/4, Sec. 9, T. 6 S., R. 92 W., 6th P.M. at a pt. 1,650 ft. from the S. line and 3,475 ft. from the E. line of said Sec. 9. Uses:

Ind., rec., and pisc. Remarks: The total surface area of exposed groundwater for the Grand River Park Lake Well 3A is est. to be 33.57

acres. Structure: Grand River Park Lake Well 3B. Well Permit # 80698-F. Legal description: SW1/4, SW1/4, Sec. 9, T. 6 S., R. 92 W.,

6th P.M. at a pt. 900 ft. from the S. line and 4,175 ft. from the E. line of said Sec. 9. Uses: Ind., rec., and pisc. Remarks: The total

surface area of exposed groundwater for the Grand River Park Lake Well 3B is est. to be 20.27 acres. Structure: Hangs Well No. 1.

Well Permit # 148025-A. Legal description: SE1/4, SW1/4, Sec. 9, T. 6 S., R. 92 W., 6th P.M. at a pt. 2,734 ft. from the E. line and

122 from the S. line of said Sec. 9. Depth: 70 ft. Amt.: 15 g.p.m., cond., with annual diversions totalling 2.85 AF per year. Uses: Dom.,

comm., fire prot., livestock and irr. of up to one acre. Remarks: This well provides water to the existing residence that is located on the

property to be mined. During mining operations, the residence will be converted to a temporary office and the well will be used for

dom. and comm. uses by employees of the gravel pit. Est. diversions from the well will be 350 gallons per day (ten employees each

using 35 gallons per day) with annual diversions of 0.284 AF. Once mining operations cease, the dwelling unit will be reconverted to

a residence and the well will serve dom. uses including irr. of up to 1 acre. At this time, est. annual diversions from the well will be

2.85 AF. Landowners: All Subject Water Rights are located on property owned by Co-Applicant, Gypsum Ranch Co. Integrated water

system: The Subject Water Rights are individual components of Applicants’ integrated mining operation and resulting water system.

Diligence Claim: A list of diligence activities and expenditures is on file with this court. Absolute Claim: Applicant placed the Grand

River Park Lake Wells 1B, 2, and 3A to beneficial use through partial excavation and dewatering of the well areas. Applicant reserves

the right to claim additional dates of beneficial use. The surface areas provided below are subject to change as mining operations

continue. To date, the combined surface areas are within the est. 90 acres for the Grand River Park Lake Wells. Grand River Park Lake

Wells 1B. Date Applied to Beneficial Use: 7/1/2008. Use: Ind. Amt.: 4.46 c.f.s. Amt. remaining cond.: 5.54 c.f.s. for ind. use, and 10

c.f.s. for rec. and pisc. use. Remarks: The total surface area is 19.55 acres. Grand River Park Lake Well 2. Date Applied to Beneficial

Use: 12/17/2012. Use: Ind. Amt.: 1.11 c.f.s. Amt. remaining cond.: 8.89 c.f.s. for ind. use, and 10 c.f.s. for rec. and pisc. use. Remarks:

The total surface area is 15.68 acres. Grand River Park Lake Well 3A. Date Applied to Beneficial Use: 2/2/2017. Use: Ind. Amt.: 1.12

c.f.s. Amt. remaining cond.: 8.88 c.f.s. for ind. use, and 10 c.f.s. for rec. and pisc. use. Remarks: The total surface area is 2.82 acres. (8

Pages, 1 Exhibit.)


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PAGE 13











19CW3140 GRAND COUNTY, COLORADO. Middle Park Water Conservancy District, c/o Kent Whitmer, P.O. Box 145, Granby,

CO 80446, (970) 725-3460. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE IN

PART. Name and Type of Structure: Fraser Valley Downstream Reservoir, Fraser Valley Upstream Reservoir, Fraser Valley

Downstream Ditch No. 1, and Fraser Valley Upstream Ditch No. 1 (collectively “the Fraser Project”). Location: Fraser Valley

Downstream Reservoir: A point on the Fraser River whence the Southwest corner of Section 6, T1S, R75W of the 6th P.M. bears South

15°5’ West a distance of 3,240 feet. Fraser Valley Upstream Reservoir: A point on the Fraser River whence the Southwest corner of

Section 18, T1S, R75W of the 6th P.M. bears South 62°00’ West a distance of 5,270 feet. Fraser Valley Downstream Ditch No. 1: A

point on the Fraser River whence the Southwest corner of Section 6, T1S, R75W of the 6th P.M. bears South 15°5’ West a distance of

3,240 feet. Fraser Valley Upstream Ditch No. 1: A point on the Fraser River whence the Southwest corner of Section 18, T1S, R75W

of the 6th P.M. bears South 62°00’ West a distance of 5,270 feet. Source: Fraser River tributary to the Colorado River. Date of

Appropriation: 12/12/86, except hydroelectrical power production which is 7/14/1993. Orig. Decree: 8/20/90; Case No. 86CW363 and

86CW364 by amended decree; Court: Water Division No. 5. Amount: Fraser Valley Downstream Reservoir 170 a/f, conditional, Fraser

Valley Upstream Reservoir 170 a/f, conditional, Fraser Valley Downstream Ditch No. 1 170 cfs, conditional, Fraser Valley Upstream

Ditch No. 1 170 cfs, conditional. Use: Hydroelectric power production, replacement, recreation, domestic, irrigation, stock watering,

industrial, and municipal. Claim to Make Absolute In Part: Location: Fraser Valley Downstream Reservoir; Amt: 20.4AF, remaining

149.6AF conditional; Use: Storage for decreed purposes, replacement, recreation. The Application contains a detailed outline of the

work performed during the diligence period. (6 pages)











19CW3141 IN GRAND COUNTY, COLORADO. Winter Park Recreational Association, c/o Bill Pruter, President, Nichols

Partnership, Inc., 1644 Platte Street, #130, Denver, Colorado 80202, Telephone (303) 291-2205, Email:

[email protected]. Please address all correspondence to: Peggy E. Montaño and Michael A. Kopp, Trout Raley, 1120

Lincoln Street, Suite 1600, Denver, CO 80203, Telephone: (303) 861-1963. APPLICATION TO MAKE CONDITIONAL RIGHTS

ABSOLUTE AND FOR FINDING OF REASONABLE DILIGENCE 1. Name, Address, and Telephone Number of Applicant: See

above. 2. Name, Location, and Description of the Conditional Water Right: A. Name of Structure: Lunch Rock Well No. 2 B. Original

Decree: Lunch Rock Well No. 2 was originally decreed on September 15, 1992, in Case No. 91CW240, Water Division 5, along with a

number of other conditional and absolute water rights and a plan for augmentation C. Subsequent Findings of Reasonable Diligence:

Pursuant to the decree entered on June 27, 1999, in Case No. 98CW169, Water Division 5, the conditional water right for Lunch Rock

Well No. 2 was continued, the other conditional water rights decreed in Case No. 91CW240 were made absolute and all of Applicant’s

on-mountain wells were decreed to be part of an integrated water supply system. A subsequent finding of reasonable diligence for the

Lunch Rock Well No. 2 was made in Case No. 05CW11, Water Division 5, entered on May 10, 2006 and in Case No. 12CW88, Water

Division 5, entered on November 6, 2013 D. Legal Description of Structure: Lunch Rock Well No. 2 is located at a point S. 13° 15’ W.,

18,880 feet from the SE Corner of Section 34, T1S, R75W of the 6th P.M. A map showing the location of the Lunch Rock Well No. 2

is attached as Exhibit 1 E. Source: Groundwater tributary to the Little Vasquez Creek and the Fraser River, both tributary to the Colorado

River F. Amount: 25 gpm, conditional G. Date of Appropriation: June 12, 1991 H. Uses: domestic, sanitary, and commercial purposes

3. Claim to Make Absolute: During the most recent diligence period, Applicant permitted the Lunch Rock Well No. 2 (Permit No.

78034-F) in April 2014 and constructed it in July 2014. The well was first pumped for use at the Lunch Rock facility in October 2014.

It operates in conjunction with pumping from Lunch Rock Well No. 1 to supply sanitary and commercial uses associated with Winter

Park’s Lunch Rock Restaurant facility at the top of Mary Jane. Applicant pumped water from the well during the most recent diligence

period at a rate of 7.0 gpm. Because Applicant diverted water at a rate of 7.0 gpm from the Lunch Rock Well. No. 2 water right, this


WATER DIVISION 5

PAGE 14

amount of the water right should be made absolute for all decreed purposes. 4. Detailed Description of Work Performed to Complete

the Application of Water to a Beneficial Use: Applicant also seeks a finding of reasonable diligence with respect to the remaining 18.0

gpm portion of the Lunch Rock Well No. 2 water right not made absolute pursuant to section 3 above. During the most recent diligence

period, Applicant continued to take steps to diligently develop the remaining conditional portion of the Lunch Rock Well No. 2 water

right including, without limitation, the activities described below. This list is not intended to be all-inclusive and may be supplemented

by additional evidence. A. Applicant permitted the well (Permit No. 78034-F) in April 2014 and constructed it in July 2014. Applicant

expended $55,996.47 to drill the well and to purchase and install the pump. B. In 2014, Applicant constructed the new Lunch Rock

facility, where water from Lunch Rock Well No. 2 is used, at a cost of approximately $8.6 million. C. Applicant first pumped the well

for use at the new Lunch Rock facility in October 2014 and has used it during the diligence period. D. Applicant expended approximately

$8,500 for consulting services from BBA Water Consultants related to the Lunch Rock Well No. 2. E. As originally contemplated in

Case No. 91CW240, demands at Winter Park’s Lunch Rock existing facility are and will continue to be satisfied by pumping Lunch

Rock Well Nos. 1 and 2. The two wells provide a redundancy in supply should there be any temporary pumping limitations with either

well. Furthermore, the full 25.0 gpm water right attributable to each Lunch Rock Well will be necessary to satisfy future peak demands

at the Lunch Rock facility. F. According to Winter Park’s 2005 Master Development Plan, which was approved by the U.S. Forest

Service in 2006, Winter Park plans to expand the Lunch Rock facility from its current capacity of 16,000 square feet to approximately

25,000 square feet. It is anticipated that this expanded facility will accommodate an estimated 6,000 skier visits per day on a peak day

and approximately 2,700 skier visits per day on average. G. The potential expanded Lunch Rock facility may require up to 48,600

gallons for a peak day demand and approximately 21,900 gallons for an average day demand assuming the full build-out. The estimated

peak demand may require pumping rates of over 100 gpm for the proposed expansion. The average demand rate is estimated to be 45.6

gpm. Given that Lunch Rock Well No. 1 is limited to 25.0 gpm under the decree in Case No. 91CW240, the additional 25.0 gpm allowed

under the Lunch Rock Well No. 2 water right will be needed to satisfy future demands at the Lunch Rock facility. H. During the diligence

period, the Applicant also incurred general legal and technical consulting costs related to monitoring, evaluating and participating in

water rights cases in the Fraser River Basin to protect the subject water right from injury. 5. Names and Addresses of Owners of Land

on Which the Structure is Located and Upon Which Water is Placed to Beneficial Use: The Lunch Rock Well No. 2 is located on land

owned by the United States of America, United States Forest Service, Arapaho National Forest, 2150 Centre Avenue, Building E, Fort

Collins, Colorado 80526. WHEREFORE, Applicant respectfully requests that the Court: A. enter a decree confirming that 7.0 gpm of

the Lunch Rock Well No. 2 water right has been made absolute for all decreed uses; B. enter a decree finding that the activities outlined

herein are sufficient to support findings of reasonable diligence on the remaining 18.0 gpm conditional portion of the Lunch Rock Well

No. 2 water right for all decreed uses, that Applicant has been reasonably diligent in developing such conditional water right, and

continuing such conditional water right in full force and effect in accordance with the original decree; and C. grant such other relief as

the Court deems just and proper.(5 pages)











19CW3142 GRAND COUNTY, COLORADO. Name and Address of Applicant: Winter Park Water and Sanitation District, P.O. Box

7, Winter Park, CO 80482 (970)726-5514; c/o Kent Whitmer of The Whitmer Law Firm, LLC, P.O. Box 38, Hot Sulphur Springs, CO

80451 (970)725-3460. APPLICATION FOR CORRECTION OF AN ESTABLISHED BUT ERRONEOUSLY DESCRIBED

POINT OF DIVERSION PURSUANT TO C.R.S. §37-92-305(3.6). Case No. W-3145 and all subsequent decrees that have referenced

the Winter Park Water System diversion point have described the point at a location that is no longer consistent with its established

location. The basis for the originally adjudicated location was ES 367, dated December 7, 1940. The BLM has since re-characterized

the PLSS information for Township 2 South, Range 75 West of the 6th P.M, in Grand County, which encompasses ES 367. The source

of the recently re-characterized PLSS information is the latest version of the PLSS CadNSDI data set, released September 24, 2019.

There are no water rights between the originally adjudicated location of the diversion point and its established location, because the

physical location of the diversion point has never changed. This Application seeks to correct the legal description of the Winter Park

Water System diversion point so that the decreed location is consistent with the recent BLM re-characterization. Name of Structure:

Winter Park Water System, including Windy Gap Exchange. Original Decree: December 31, 1976, amended March 28, 1977; Case No.

W-3145; Court: Water Division No. 5. Source: Fraser River, tributary to the Colorado River. Date of Appropriation: February 13, 1975.

Amount: A total of 3.0 c.f.s. has been decreed to the Winter Park Water System: 0.75 absolute, 2.25 conditional. 125 AF have been

decreed for exchange, conditional. Use: All municipal uses, including industrial, recreational and snowmaking. Other Pertinent Decrees:

Winter Park Water System Plan for Replacement - Original Decree June 6, 1983; Case No. 81CW191; Water Division No. 5. Winter

Park Water System, 2.25 c.f.s. Conditional - Original Decree August 13, 1986 nunc pro tunc July 14, 1986; Case No. 82CW400; Water

Division No. 5. Winter Park Water System, Windy Gap Exchange -Original Decree: June 3, 1987; Case No. 84CW444; Water Division


WATER DIVISION 5

PAGE 15

No. 5. Owner of Land Upon Which Structure is Located: Applicant. Legal Description of Structure as Described in Most Recent Decree

that Adjudicated the Location: Winter Park Water System Diversion, which is location [sic] on the Fraser River upstream of its

confluence with Jim Creek, near a point the location of which is in the SW1/4 of suspended Section 11, Township 2 South, Range 75

West, 6th P.M., Grand County, Colorado, more particularly described as follows: Beginning at Corner No. 10 ES 367, thence South

62°02’ East a distance of 660.0 feet. The basis for bearings is the line between Corner Nos. 10 and 14, ES 367, which has a record

bearing of South 66°12’ East. Correct Legal Description of the Point of Diversion: Location Information in UTM format: NAD 83, Zone

13, Northing 4414542 Easting 435505. Source: A GPS measurement recorded by WPWSD staff with an accuracy of 13 ft. Street

Address: Winter Park Water and Sanitation District Water Treatment Plant, 210 Alpenglow Way, Winter Park, CO 80482. Legal

Description Using Re-Characterized PLSS: The established location of the Winter Park Water System Diversion is 1700 feet South of

the North section line and 1421 feet East of the West section line in suspended Section 14, Township 2 South, Range 75 West, 6th P.M.,

Grand County, Colorado. Source: The latest version of the CadNSDI, released by the Bureau of Land Management on September 24,

2019. Maps depicting the location of the Winter Park Water System diversion point are attached to the Application (6 pages).











19CW3143 EAGLE AND PITKIN COUNTIES. FRYINGPAN RIVER TRIB. OF COLORADO RIVER. Application of the

Basalt Water Conservancy District for Confirmation of Approp. Right of Exchange to Storage and Approval of Plan for Aug. including

Approp. Rights of Exchange. Basalt Water Conservancy District (hereinafter “District” or “BWCD”), P.O. Box 974, Glenwood Springs,

Colorado 81602 is represented in this matter by Balcomb & Green, P.C., P. O. Drawer 790, Glenwood Springs, Colorado 81602, (970)

945-6546. The District, formed under C.R.S. § 37-45-101 et seq., enters contracts with water users within its boundaries to provide

dependable legal water supplies. The contracts are organized into two geographic categories, either Area A or Area B. Area A

encompasses regions located near the Fryingpan or Roaring Fork Rivers, or on trib. creeks, where the District’s water rights can be used

as a dependable legal supply for diversion at alternate pts. owned by its contractees or through aug. of those alternate pts., either directly

or by exchange. Area B encompasses locations where intervening senior water rights exist between the pt. of diversion of the District

contractee and the pts. at which the District water is made available for use by the contractee that prevent the District’s rights, standing

alone, from providing a dependable legal supply for use at alternate pts. of diversion or through aug. of those alternate pts. Settlement

Agreement. BWCD is a party to an Agreement and Intergovernmental Agreement executed in 2018 among BWCD; the City of Aurora,

Colorado, acting by and through its Utility Enterprise (“Aurora”); Busk-Ivanhoe, Inc.; Colorado River Water Conservation District;

Board of County Commissioners of Eagle County; Board of County Commissioners of Pitkin County; Grand Valley Water Users

Association; Orchard Mesa Irr. District; and Ute Water Conservancy District (the “Settlement Agreement”). As contemplated and

limited by the Settlement Agreement, BWCD seeks confirmation of Approp. rights of exchange by which up to 100 AF of water will

be exchanged each year from Ruedi Reservoir upstream to Ivanhoe Reservoir located on Ivanhoe Creek. BWCD also seeks approval

of an area-wide plan for aug. to use such storage and other BWCD aug. supplies in a defined sub-area of BWCD’s service area to

augment BWCD contractees’ out-of-priority depletions within that sub-area. Storage Exchange: Description of Exchange Reach and

Exchange Pts. Ruedi Reservoir. Ruedi Reservoir is the downstream exchange-from pt., and is located in all or portions of Secs. 7, 8, 9,

11, and 14 through 18, T. 8 S., R. 84 W., 6th P.M., in Eagle and Pitkin Counties. The dam axis intersects the right abutment at a pt.

whence the S.W. corner of Sec. 7, T. 8 S., R. 84 W., 6th P.M. bears N. 82 deg. 10' W. a distance of 1,285 ft. (WDID 3803713, UTM X

343320.1, UTM Y 4358714.5). Confluence of the Fryingpan River and Ivanhoe Creek. The confluence of the Fryingpan River and

Ivanhoe Creek is located upstream from Ruedi Reservoir in Pitkin County, Colorado, at a pt. that lies approx. at latitude-longitude 39

deg. 17’50.58” N. 106 deg. 36’14.40” W. (UTM X 361666, UTM Y 4351012). Ivanhoe Reservoir. Ivanhoe Reservoir is the terminal

exchange-to pt. upstream from the confluence of the Fryingpan River and Ivanhoe Creek and formed by a dam approx. 21 ft. high across

the natural bed of Ivanhoe Creek, a trib. of the Fryingpan River, and situated within the SE1/4, SW1/4 of Sec. 12, T. 9 S., R. 82 W., 6th

P.M., Pitkin County, Colorado, with its Northeasterly end located at or about a pt. from which the S.E. corner of Sec. 13, T. 9 S., R. 82

W., 6th P.M., bears S. 26 deg. 45' E., 7,021.3, ft., which pt. is also described as a pt. in the SE1/4, SW1/4 of Sec. 12, T. 9 S., R. 82 W.,

6th P.M. that lies 930 ft. from the S. line and 2,050 ft. from the W. line of Sec. 12, and by a bulkhead dam approx. 10 ft. high at the

upper end of said reservoir situated in the SE1/4, NE1/4 Sec. 13, T. 9 S., R. 82 W., 6th P.M., with its Southerly end located at or about

a pt. from which the S.E. corner of Sec. 13 bears S. 8 deg. 11' E., 2,739.2 ft., which pt. is also described as a pt. in the SE1/4, NE1/4 of

Sec. 13, T. 9 S., R. 82 W., 6th P.M. that lies 2,680 ft. from the S. line and 425 ft. from the E. line of Sec. 13, and overflows all or portions

of the SE1/4, SW1/4 and SW1/4, SE1/4 of Sec. 12 and the NE1/4, NW1/4 and NE1/4 of Sec. 13, all of T. 9 S., R. 82 W., 6th P.M. The

Lyle (WDID 3801761), Pan (WDID 3801760) and Hidden Lake Creek (WDID 3801762) ditches all flow into Ivanhoe Reservoir (WDID

3803732, UTM X 369871, UTM Y 4348153). The operation of these structures is described in detail in the Amended Findings of Fact,

Conclusions of Law, Judgment and Decree entered on 8/27/2018 in Case No. 09CW142, District Court, Water Division No. 2. Substitute


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Supply. The substitute supply for the exchange is water available to BWCD from Ruedi Reservoir pursuant to contracts number 2-07-

70-W0546, 009D6C0014, 039F6C0012 and 139D6C0099 (the “BWCD BOR Contracts”) with the United States Bureau of Reclamation

(“BOR”). The BWCD BOR Contracts collectively entitle the District to delivery of 1,790 AF of water annually from the regulatory

capacity of Ruedi Reservoir, subject to the terms and conditions of the contracts between the District and BOR. The rights decreed for

storage in Ruedi Reservoir include the following: Source: Fryingpan River, trib. 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., 6 th P.M. The reservoir is located in portions of Eagle and

Pitkin Counties. Adjudication Date: 6/20/1958. Approp. Date: 7/29/1957. Case No.: C.A. 4613. Court: Garfield County District Court.

Decreed Amount: 102,369 AF (originally decreed for 140,697.3 AF; reduced to 102,369 AF in Case No. W-789-76, District Court for

Colorado Water Division No. 5 (“Water Court”)). The full amount was made absolute in Water Court Case No. 88CW85. Decreed

Uses: Generation of electric energy, dom., mun., pisc., ind., stockwatering and irr. Refill: By decree of the Water Court in Case No.

81CW34, Ruedi Reservoir was decreed a refill right in the amount of 101,280 AF, cond. In Water Court Case No. 95CW95, 44,509 AF

of the refill right was made absolute. In Water Court Case No. 01CW269, an additional 25,257 AF of the refill right was made absolute,

for a total of 69,766 AF absolute in the refill right. Exchange Rate and Amount: 50 cfs total, cond., up to 100 AF, annual, cond. Uses:

Aug. of all uses allowed by the BWCD BOR Contracts, including aug. by exchange under the plan for aug. requested in this Application.

Initiation of Approp.: The exchange Approp. was initiated and evidenced by 1) the adoption of BWCD Resolution 2019-3 on 11/12/2019;

and 2) the filing of this Application. Date of Approp.: 11/12/2019. Date water applied to beneficial use. N/A. Claim for Approval of

Plan for Aug., Including Approp. Rights of Exchange. Structures to be Augmented: Those wells, surface water rights, and reservoirs

(with respect to Evap. replacement only) used by District contractees that will operate in Area A-5, which is within the upper Fryingpan

River basin above Ruedi Reservoir. Area A-5 includes structures that will divert water from within that portion of Area A encompassing

all areas trib. to Ivanhoe Reservoir, Ivanhoe Creek and its tributaries, and the Fryingpan River and its tributaries in a stream reach

extending from a downstream terminus at the inlet of Ruedi Reservoir. The downstream terminus is located in the NW1/4 NE1/4 of

Sec. 14, T. 8 S., R. 84 W., 6th P.M. The upstream terminus is the headwaters of Ivanhoe Creek located in the SE1/4 SE1/4 of Sec. 13,

T. 9 S., R. 82 W., 6th P.M. Depletions originating within Area A-5 will be augmented by the release of storage supply in Ruedi Reservoir

and from the District’s Ivanhoe Reservoir Storage Account. The boundary of Area A-5 is depicted on Exhibit A. The Public Land

Survey System legal description of lands included within Area A-5 is listed below. T. 7 S., R. 83 W., 6th P.M.: Sec. 31, SW1/4; T. 7 S.,

R. 84 W., 6th P.M.: Sec. 35; Sec. 36, SW1/4; T. 8 S., R. 84 W., 6th P.M.: Sec. 1; Sec. 2; Sec. 11, E1/2; Sec. 12; Sec. 13; Sec. 14, NE1/4;

Sec. 24; Sec. 25; Sec. 36; T. 8 S., R. 83 W., 6th P.M.: Sec. 6; Sec. 7; Sec. 8, W1/2; Sec. 12, S1/2; Sec. 13; Sec. 14; Sec. 15, NE1/4; Sec.

15, S1/2; Sec. 16; Sec. 17; Sec. 18; Sec. 19; Sec. 20; Sec. 21; Sec. 22; Sec. 23; Sec. 24; Sec. 25; Sec. 26; Sec. 27; Sec. 28; Sec. 29; Sec.

30; Sec. 31; Sec. 32; Sec. 33; Sec. 34; Sec. 35; Sec. 36; T. 8 S., R. 82 W., 6th P.M.: Sec. 7, S1/2; Sec. 8, SW1/4; Sec. 17, W1/2; Sec. 18;

Sec. 19; Sec. 29, SW1/4; Sec. 30; Sec. 31; Sec. 32; Sec. 33, S1/2; Sec. 34, S1/2; Sec. 35, S1/2; Sec. 36, S1/2; T. 8 S., R. 81 W., 6th P.M.:

Sec. 31, SW1/4; T. 9 S., R. 84 W., 6th P.M.: Sec. 1, NE1/4; T. 9 S., R. 83 W., 6th P.M.: Sec. 1, N1/2; Sec. 2; Sec. 3; Sec. 4; Sec. 5; Sec.

6; Sec. 8, N1/2; Sec. 8, SE1/4; Sec. 9; Sec. 10; Sec. 15; Sec. 16, N1/2; Sec. 16, SE1/4; Sec. 17, NE1/4; T. 9 S., R. 82 W., 6 th P.M.: Sec.

1; Sec. 2; Sec. 3; Sec. 4; Sec. 5; Sec. 6; Sec. 8, NE1/4; Sec. 9, N1/2; Sec. 10, N1/2; Sec. 10, SE1/4; Sec. 11; Sec. 12; Sec. 13; Sec. 14,

N1/2; Sec. 15, NE1/4; T. 9 S., R. 81 W., 6th P.M.: Sec. 7, SW1/4; Sec. 18. Major tributaries to the Fryingpan River that are included

within Area A-5 include: Lyle Creek: Lower Terminus – The Confluence of Lyle Creek with Ivanhoe Creek in the SW1/4 SW1/4 of

Sec. 2, T. 9 S., R. 82 W., 6th P.M. Upper Terminus – All areas trib. to Lyle Creek. Sellar Creek: Lower Terminus – The confluence of

Seller Creek with the Fryingpan River in the NW1/4 NE1/4 of Sec. 34, T. 8 S., R. 83 W., 6th P.M. Upper Terminus – All areas trib. to

Sellar Creek. Deeds Creek: Lower Terminus – The confluence of Deeds Creek with the Fryingpan River in the NW1/4 SW1/4 of Sec.

27 T. 8 S., R. 83 W., 6th P.M. Upper Terminus – All areas trib. to Deeds Creek; N. Fork of the Fryingpan River; Lower Terminus – The

confluence of the N. Fork of the Fryingpan River with the Fryingpan River in the NW1/4 NW1/4 Sec. 21, T. 8 S., R. 83 W., 6 th P.M.

Upper Terminus – All areas trib. to the N. Fork of the Fryingpan River. Muckawanago Creek; Lower Terminus – The confluence of

Muckawanago Creek with the Fryingpan River located in the NE1/4 NE1/4 of Sec. 20, T. 8 S., R. 83 W., 6 th P.M. Upper Terminus –

All areas trib. to Muckawanago Creek. Deadman Creek: Lower Terminus – The confluence of Deadman Creek with the Fryingpan River

located in the SW1/4 SE1/4 of Sec. 12, T. 8 S., R. 84 W., 6th P.M. Upper Terminus – All areas trib. to Deadman Creek. Suicide Gulch;

Lower Terminus – The confluence of Suicide Gulch with the Fryingpan River located in SE1/4 SW1/4 of Sec. 7, T. 8 S., R. 83 W., 6th

P.M. Upper Terminus – all areas trib. to Suicide Gulch. Waterbury Creek; Lower Terminus – The confluence of Waterbury Creek with

the Fryingpan River located in the SE1/4 SE1/4 of Sec. 11, T. 8 S., R. 84 W., 6th P.M. Upper Terminus – All areas trib. to Waterbury

Creek. Amount: Diversions by augmented structures within Area A-5 will not exceed 3.0 cfs; this amounts represents total diversions,

not depletions. Water Rights to be Used for Aug.: The District’s water supplies in Ruedi Reservoir and water stored in Ivanhoe

Reservoir by operation of the Approp. right of exchange, both as described above. Demands and Depletions. The depletions associated

with the diversions at the augmented structures will be calculated using engineering assumptions consistent with the District’s prior

Aug. decrees in Cases No. 87CW155, 93CW319, 98CW26/98CW89 (Consolidated) and 02CW77. A summary of the assumptions to

be used in the water requirements calculations is set forth below. Dom. in-house use in single-family residences will be calculated as

1.0 EQR, which is calculated as 3.5 persons using 100 gallons per person, per day. Dom. use in apartment and mobile home units may

be calculated as 0.75 EQR per unit upon demonstration by the District to the Division Engineer of this unit demand, subject to water

court review if necessary. Most of the water used in-house will return to the stream system following wastewater treatment. The

consumptive use expressed as a percent of water diverted is assumed to be 5.0 percent for water treated through a central treatment

system, 15.0 percent for water treated through a septic tank and leach field system, and 100 percent for water treated through an

evaporative system. Irr. water requirements and consumptive use will be estimated using the Blaney-Criddle method as identified by

the SCS in Technical Release No. 21 (1970). This method uses monthly temperatures and duration of daylight hours to estimate


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consumptive use. The necessary climatological data is obtained from the Glenwood Springs and Aspen Weather stations. Relationships

between elevation, precipitation and temperature have been defined for the Roaring Fork valley. Because of the generally high elevation

of the valley, the Blaney-Criddle monthly consumptive use crop coefficients are adjusted as recommended in the USDA Agricultural

Research Services report “Water Use by Native Grasses in High Altitude Colorado Meadows.” Once the crop and/or lawn consumptive

use is determined, total diversion requirements will be calculated based upon expected application rates for the different irr. methods.

The application rate for sprinkler irr. is assumed to be 1.25 times the C.U. rate (80% efficient) and the application rate for flood irr. is

assumed to be 3.33 times the C.U. rate (30% efficient). Livestock requires approx. 11 gallons of water per day per animal. This water

use is considered 100 percent consumptive. Comm. uses will be calculated on an individual basis using specific water use data if

available or EQR ratings (e.g., based on type of comm. use and size of facility). The standard EQR equivalent rating for office use is

0.60 EQR per 1,000 sq. ft.; warehouse use is 0.30 EQR per 1000 sq. ft.; and retail sales is 0.60 EQR per 1,000 sq. ft. Ind. use rates are

calculated on an individual basis using specific water data for the intended use. Surface Evap., for contracts with ponds or water surfaces,

is calculated monthly. To accomplish this, gross annual evap. is calculated from 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. The gross annual Evap. is

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 and SB93-260. Per the State Engineer’s Policy No. 2004-3, no adjustment for effective

precipitation is made for ponds that are located outside of the channel of a natural stream. Delayed Depletions. The District will account

for delayed depletions with respect to any well that will be authorized for diversion under this plan for aug. This Court, in its Decree in

Case No. 87CW155 (a previous District plan for Aug.), established six categories of wells (identified below as categories A–F), each

with different groundwater parameters based on geological conditions and location relative to the stream system. Each of these six well

categories is defined and evaluated by its aquifer type (either alluvial or rock formation) and its distance from the trib. stream it first

impacts. The aquifer characteristics of each category are based on relevant well-log information and best engineering judgment. A

Glover analysis was conducted for each of the six well categories. The Glover analysis was performed using standardized, seasonally

distributed, diversion rates to determine the delayed stream depletion impact and monthly distribution of the delayed depletion

(expressed as a ratio to total annual depletions) of wells within that category. The Glover analysis results for each of these six well

categories was compared to Glover analyses performed on existing wells that fall within these six categories in order to evaluate their

accuracy. These comparisons reveal that the Glover analysis results for each of the six well categories provide a reliable and appropriate

means for evaluating delayed depletions for actual wells falling within the six categories. A summary of each well category and its

characteristics follows. Category A: alluvial wells less than 1,000 ft. from the stream; T=100,000 gpd/ft; S=0.20; Category B: alluvial

wells greater than 2,000 ft. from the stream; T=50,000 gpd/ft; S=0.20; Category C: alluvial wells between 1,000 ft. and 2,000 ft. from

the stream; T=100,000 gpd/ft; S=0.20; Category D: formation wells between 1,000 ft. and 3,000 ft. from the stream; T=5,000 gpd/ft;

S=0.15; Category E: formation wells greater than 3,000 ft. from the stream; T=5,000 gpd/ft; S=0.10. As used in this analysis,

transmissivity (“T”) is the measure of how much water can be transmitted horizontally from the stream to the pumping well, measured

in gallons per day per foot of distance from the stream, and storativity (“S”) is a ratio measurement of the volume of water released from

storage per unit area of the subject aquifer. The monthly distribution of delayed depletions (expressed as a ratio to total annual

depletions) for each of the six well categories, as decreed in Case No. 87CW155, follows. Category A: Nov., 0.058; Dec., 0.057; Jan.,

0.057; Feb., 0.057; Mar., 0.057; Apr., 0.062; May, 0.108; Jun., 0.134; Jul., 0.132; Aug., 0.108; Sep., 0.100; Oct., 0.70; Total 1.00;

Category B: Nov., 0.089; Dec., 0.086; Jan., 0.082; Feb., 0.080; Mar., 0.077; Apr., 0.076; May, 0.076; Jun., 0.080; Jul., 0.085; Aug.,

0.089; Sep., 0.090; Oct., 0.090; Total: 1.00; Category C: Nov., 0.072; Dec., 0.063; Jan., 0.059; Feb., 0.057; Mar., 0.056; Apr., 0.061;

May, 0.085; Jun., 0.112; Jul., 0.123; Aug., 0.116; Sep., 0.106; Oct., 0.090; Total: 1.00; Category D: Nov., 0.087; Dec., 0 .088; Jan.,

0.085; Feb., 0.084; Mar., 0.083; Apr., 0.082; May, 0.081; Jun., 0.080; Jul., 0.081; Aug., 0.081; Sep., 0.083; Oct., 0.085; Total: 1.00;

Category E: Nov., 0.082; Dec., 0.083; Jan., 0.083; Feb., 0.084; Mar., 0.084; Apr., 0.084; May, 0.084; Jun., 0.084; Jul., 0.083; Aug.,

0.083; Sep., 0.083; Oct., 0.083; Total: 1.00; Category F: Nov., 0.086; Dec., 0.082; Jan., 0.079; Feb., 0.077; Mar., 0.075; Apr., 0.074;

May, 0.076; Jun., 0.082; Jul., 0.090; Aug., 0.094; Sep., 0.094; Oct., 0.091; Total: 1.00. The delayed depletions for any well operated

pursuant to this plan for aug. shall, when possible, also be determined according to these six categories established by decree in Case

No. 87CW155. The District shall place each such well into one of these six categories using known available information for each well

and criteria for each well category. The delayed impact distribution from the respective Glover analysis for each well grouping will be

applied to the monthly depletions for the well placed into that category to determine the monthly stream depletion values. Replacement

releases under the plan for aug. will be made based on the monthly cumulative depletion values derived using this process. The District

shall conduct a separate Glover analysis for any well that does not fall within one of these six categories before it can be included within

this plan. Replacement Sources.When the Division of Water Resources (“DWR”) enforces an administrative call against the District’s

Area A-5 contractees’ diversions, out-of-priority depletions will be augmented, directly or by exchange, using the replacement supplies

identified above. The particular replacement supply from among these options will be chosen in accordance with the location of the

admin. call in order to replace depletions using direct replacement (Aug.) when applicable or the approp. exchanges described below.

The District shall consult with the DWR as required by the Division Engineer to identify the appropriate source of replacement water in

each instance. Ivanhoe Reservoir may be seasonally limited as an operational storage source because of its elevation. It has operated

historically during mid-spring through mid-fall to store water for delivery via transmountain tunnel into the Arkansas River basin (Water

Division No. 2). It presently is not operated during winter conditions. Therefore, the District’s Ivanhoe Reservoir supply will be available

only during operations of the transmountain system owned by the City of Aurora and the Pueblo Board of Water Works unless

subsequent improvements to be evaluated under the Settlement Agreement extend the seasonality of releases of BWCD Ivanhoe

Reservoir storage. Accounting Procedure. Using calculated water diversion and depletion data prepared by the District’s engineer for


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each contractee’s uses, which data is and shall continue to be verified by the District against actual diversion records compiled by the

contractees and submitted to the District and to the DWR as requested, the District determines the max. potential individual and

cumulative diversions and depletions for its contractees on a monthly and annual basis. This information is maintained in a database

that allows the District to sort and access information to determine how much water is being diverted and depleted by its contractees.

This information is used annually to provide anticipated monthly replacement release schedules for the upcoming year to the BOR under

the BWCD BOR Contracts. When an administrative call is recognized and enforced, the District identifies out-of-priority diversions

through this database, and replacement releases are made available under the District’s replacement supplies in amounts necessary to

replace the out-of-priority depletions associated with those diversions. Replacement releases made from Ruedi Reservoir are

administered by the Division Engineer in consultation with Reclamation, which operates Ruedi Reservoir. The District will account for

the diversions and depletions under this plan to the DWR, as required by the Division Engineer to administer the District’s Aug. program.

The District will ensure that the total out-of-priority depletions under the plan and prior decreed District plans will not exceed the

replacement water available to the District, and will provide evidence of this ongoing accounting to the DWR as requested. Approp.

Exchanges: The District seeks rights of Approp. exchange to the extent that any Aug. replacement is introduced to the river system at

a pt. downstream of the authorized pts. of diversion to be augmented under this plan. During periods when the District’s Area A-5

contractees’ diversions are out of priority, an Approp. exchange will allow District contractees to continue diversion at their respective

pts. of diversion. The District will augment its contractees’ out-of-priority depletions through releases of water from Ruedi Reservoir

or releases from Ivanhoe Reservoir. When used for Aug. by exchange within Area A-5, the two sources each have a unique exchange

regime, as more fully described below. Approp. Date: The date of Approp. for the exchanges described below is 11/12/2019. The

Approp. exchanges will be administered as a water right applied for in 2019, per C.R.S. § 37-92-306. The Approp. was initiated and

evidenced by the BWCD Board’s Resolution 2019-3 adopted 11/12/2019 and the filing of this Application. Mainstem and Local Calls:

The sources of supply to augment the contractees’ stream depletions will depend on the location of the senior water rights ca ll. For

calls originating downstream on the Colorado River, Roaring Fork River, or Fryingpan River below Ruedi Reservoir (Mainstem

Call), Aug. of out-of-priority depletions attributed to District contractees will be provided by releases from Ruedi Reservoir or the

District’s storage account in Ivanhoe Reservoir. For calls originating on the Fryingpan River above Ruedi Reservoir or Ivanhoe

Creek (Local Call), Aug. of out-of-priority depletions attributed to District contractees will be from the District’s storage account in

Ivanhoe Reservoir only. Exchange Reaches: The exchange reach for replacement water supplied from Ruedi Reservoir is from the inlet

of Ruedi Reservoir up the Fryingpan River and its trib. sources to the upstream boundaries of Area A-5, as more fully described above.

The exchange reach for replacement water supplied from Ivanhoe Reservoir is from the confluence of the Fryingpan River and Ivanhoe

Creek described above and upstream and downstream on the Fryingpan River and its tributaries within Area A-5 above the inlet of

Ruedi Reservoir described above. An appropriate transit loss for Ruedi Reservoir releases and Ivanhoe Reservoir releases will be

determined and assessed based on demonstrable river conditions and generally accepted engineering standards as approved by the

Division Engineer, subject to water court review if necessary. Exchange Amounts: The max. rate of exchange to replace depletions

shall not exceed 0.50 c.f.s. when Ivanhoe Reservoir is operational and 0.20 c.f.s. when that supply is not operational. Uses. The

exchanges will be used within the plan for aug. requested in this application to replace depletions by District contractees within Area A-

5; the amount of the exchange represents the rate of cumulative depletions expressed in cubic ft. per second. Contracting for Plan for

Aug. District contractees (and applicants applying for District contracts) seeking to have their diversions included as augmented

structures under this plan for Aug. will submit to the District an application form for water allotment contract that shall identify this plan

for aug. as the source of replacement water. The form of the contract application may be supplemented or amended from time to time

to meet continuing requirements of the District. After receipt of the application, contract fees and appropriate supplemental material, the

District shall submit to the Division Engineer the applications and attachments for determination of whether the diversion is an

authorized diversion that can be augmented under this plan. The District shall submit such materials to the Division Engineer no fewer

than forty days before the District’s Board of Directors meets to consider the contract application. The District shall also post a notice

including all applications and materials on any website then maintained and operated by the District no fewer than forty days before the

District’s Board of Directors meets to consider the contract application and advise any opposer who requests of that posting. That posted

notice shall state that interested parties may file comments with the Division Engineer within thirty days of the posting of such notice.

If the Division Engineer’s office determines, after any necessary consultations with the State Engineer, that the diversion is not an

authorized diversion that can be augmented under this plan, it will advise the District accordingly, in writing, within forty days of receipt

of the application. Under these circumstances, the District may choose to issue the requested contract, but may not elect to include that

contract within this plan for Aug., except as provided below. If the Division Engineer’s office does not advise the District in writing that

the diversion is not an authorized diversion that can be augmented under this plan, or confirms that that the diversion is an authorized

diversion that can be augmented under this plan, then the District may proceed to issue the requested allotment contract and may also

elect to include the contract within this plan for Aug. After complying with the foregoing provisions, if the District elects to include a

contract within this plan for Aug. it shall provide notice of such inclusion to the Division Engineer. Any affected person or entity not

satisfied with the Division Engineer’s decision or non-decision that a diversion is or is not an authorized diversion that can be augmented

under this plan may then apply to this Court for a de novo hearing on the matter under the Court’s retained jurisdiction period. In

addition, the District shall, within its water court applications to maintain or perfect the cond. Approp. rights of exchange and in the

associated published resume notice for each, identify each augmented structure and alternate pt. of diversion included within this plan

for aug. with particularity so that interested parties will receive further notice of the operation of this plan for Aug. as it continues to be

implemented. Names and addresses of owners or reputed owners of land upon which Aug. structures are located: Ivanhoe Reservoir is

owned by Board of Water Works of Pueblo, Colorado, P.O. Box 400, Pueblo, Colorado 81002. The land on which Ivanhoe Reservoir


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is located is owned by the United States Forest Service, White River National Forest, 900 Grand Ave., Glenwood Springs, Colorado

81602. Ruedi Reservoir: United States Department of the Interior, Bureau of Reclamation, Eastern Colorado Area Office, 11056 W.

County Road 18E, Loveland, CO 80537-9711. Proposed Terms and Conditions. BWCD proposes the following terms and conditions.

The water diverted by exchange shall take on all the legal characteristics of the water provided as substitute supply, and the water

provided as substitute supply shall take on the legal characteristics of the water that was diverted by exchange. The substituted

replacement water shall be of a quality and quantity so as to meet the requirements for which the water diverted by the senior appropriator

has normally been used. BWCD will use appropriate measuring devices and accounting forms as required by the office of the Division

Engineer for Water Division 5. BWCD’s release of substitute supplies and diversions by exchange will be balanced on a daily basis.

BWCD will store water in the facilities identified as Exchange-To Pts. only when, and to the extent, it possesses a contractual right or

property right that allows it to do so. Any river flow exchange requested above will not be not be operated unless and until senior

Fryingpan-Arkansas Project diversions from Ivanhoe Creek are being fully met. The exchange of water from Ruedi Reservoir to Ivanhoe

Reservoir claimed herein will be limited by and subject to the terms of the Settlement Agreement and any agreement regarding BWCD’s

use of Ivanhoe Reservoir between BWCD, the City of Aurora, the Pueblo Board of Water Works and the Busk-Ivanhoe Reservoir

Authority. Remarks. Exhibit A to the application is a map illustrating Area A-5 and the location of the Exchange-From and Exchange-

To Pts. described herein. In this Application, BWCD does not seek court approval for a change of any water rights or modification of

previous decrees issued by the Water Courts for Water Divisions No. 2 and 5, including without limitation water rights or decrees related

to the Busk-Ivanhoe System. The cond. water rights and plan for aug. sought herein are individual components of the District’s

integrated water supply for its constituents within Area A. Consequently, work on any one component of the District’s integrated water

supply shall be considered in finding that reasonable diligence has been shown in the development of cond. water rights for all

components of the District’s integrated water supply. (18 pgs).











19CW3144 GRAND COUNTY, COLORADO. Name and Address of Applicant: Winter Park Water and Sanitation District, P.O. Box

7, Winter Park, CO 80482 (970)726-5514; c/o Kent Whitmer of The Whitmer Law Firm, LLC, P.O. Box 38, Hot Sulphur Springs, CO

80451 (970)725-3460. APPLICATION FOR A FINDING OF REASONABLE DILIGENCE FOR AN EXCHANGE. Name of

Structure: Winter Park Water System, Windy Gap Exchange. Original Decree: June 3, 1987; Case No. 84CW444; Court: Water Division

No. 5. Source of the Exchange Water: Fraser and Colorado Rivers. Exchange Reach: Upstream Terminus: UTM Format (NAD 83, Zone

13; units in meters): The established location of the Winter Park Water System Diversion is Northing 4414542, Easting 435505. Public

Land Survey System Format: The established location of the Winter Park Water System Diversion is 1700 feet South of the North

section line and 1421 feet East of the West section line in suspended Section 14, Township 2 South, Range 75 West, 6 th P.M., Grand

County, Colorado. Downstream Terminus: the confluence of the Fraser and Colorado River in Section 25, Township 2 North, Range 77

West of the 6th P.M. Date of Appropriation: August 30, 1984. Amount: 125 AF. Use: All municipal uses, including industrial,

recreational and snowmaking. Owner of Land Upon Which Structure is Located: Applicant. Other Pertinent Information: In Case No.

2019CW3142, filed concurrently with this Application, Applicant seeks to correct the legal description of the Winter Park Water System

diversion point so that the decreed location is consistent with the recent re-characterization of PLSS information for Township 2 South,

Range 75 West of the 6th P.M, in Grand County, in the latest version of the PLSS CadNSDI data set released September 24, 2019. At

no time has the physical location of the diversion point changed. A map depicting the location of the Winter Park Water System diversion

point is attached to the Application. The Application contains a detailed outline of the work performed during the diligence period. (6

pages)












WATER DIVISION 5

PAGE 20

19CW3145 (13CW11, 04CW138, 04CW163), DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO,

109 - 8th Street, Suite 104, Glenwood Springs, CO 81601. CONCERNING THE APPLICATION FOR WATER RIGHTS OF

THE EAGLE PARK RESERVOIR COMPANY, COLORADO RIVER WATER CONSERVATION DISTRICT, EAGLE

RIVER WATER & SANITATION DISTRICT, UPPER EAGLE REGIONAL WATER AUTHORITY, VAIL ASSOCIATES,

INC., and BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY, COLORADO. IN EAGLE, LAKE, AND

SUMMIT COUNTIES, COLORADO. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. 1. Name and address of

applicants: Eagle Park Reservoir Company, Eagle River Water & Sanitation District, Upper Eagle Regional Water Authority, 846 Forest

Road, Vail, CO 81657. Colorado River Water Conservation District, acting by and through its Colorado River Water Projects Enterprise,

P.O. Box 1120, Glenwood Springs, CO 81602. Vail Associates, Inc., 390 Interlocken Crescent, Suite 1000, Broomfield, CO 80020,

Board of County Commissioners of Eagle County, Colorado, 500 Broadway, P.O. Box 850, Eagle, CO 81631. Copies of all

pleadings to: Glenn E. Porzak, Kristin H. Moseley, Porzak Browning & Bushong LLP, 2120 13 th Street, Boulder, CO 80302, 303-443-

6800. Peter C. Fleming, Jason V. Turner, Colorado River Water Conservation District, 201 Centennial Street, P.O. Box 1120, Glenwood

Springs, CO 81602, 970-945-8522. P. Fritz Holleman, Buchanan Sperling & Holleman PC, 1525 Spruce Street, Suite 200, Boulder, CO

80302, 303-431-9141. Bryan R. Treu, Holly K. Strablizky, County of Eagle, 500 Broadway, P.O. Box 850, Eagle, CO 81631, Phone:

970-328-8685. 2. Name of structures: Eagle Park Reservoir and Eagle Park Reservoir First Enlargement. 3. Description of conditional

water rights: (a)Decrees: (1) Eagle Park Reservoir was decreed by the District Court in and for Water Division No. 5 (“Water Court”)

in Case No. 92CW340 on September 15, 1998, for 5,300 acre-feet conditional, with an appropriation date of March 16, 1991. Previous

findings of diligence include Case Nos. 13CW11 (dated November 10, 2013), 04CW138 (dated January 15, 2007) and 00CW210 (dated

August 12, 2002). (2) Eagle Park Reservoir First Enlargement was decreed by the Water Court in Case No. 93CW301 on October 19,

1998, for 22,300 acre-feet conditional, with an appropriation date of May 18, 1993. Previous findings of diligence include Case Nos.

13CW11 (dated November 10, 2013) and 04CW163 (dated January 15, 2007). (b)Decreed Locations of Structures: The dam and

diversion facilities for the Eagle Park Reservoir and its First Enlargement depicted on Exhibit A are described as follows: (1) Eagle Park

Reservoir. The north abutment of the enlarged dam crest for Eagle Park Reservoir is located approximately 160 feet north of the south

section line and 650 feet east of the west section line of Section 28, T. 7 S., R. 79 W., 6th P.M., Eagle County, Colorado. (2) East Fork

Interceptor Ditch. The East Fork Interceptor Ditch has a capacity of 48 cfs and diverts from unnamed tributaries of the East Fork of the

Eagle River at the following points, all of which are located in Eagle County, Colorado: (i) 900 feet south of the north section line and

1,100 feet west of the east section line of Section 5, T. 8 S., R. 79 W., 6th P.M.; (ii) 1,250 feet south of the north section line and 700

feet east of the west section line of Section 4, T. 8 S., R. 79 W., 6th P.M.; (iii) 1,200 feet north of the south section line and 800 feet east

of the west section line of Section 33, T. 7 S., R. 79 W., 6th P.M.; and (iv) runoff, surface flow, and seepage from the area above the

East Fork Interceptor Ditch as it runs between the above-described points of diversion and Eagle Park Reservoir. (3) Chalk Mountain

Interceptor Ditch. The Chalk Mountain Interceptor Ditch has a capacity of 12 cfs and diverts run-off and seepage as it runs a distance

of approximately 3.4 miles from Fremont Pass, located in the W½ of Section 11, T. 8 S., R. 79 W., 6th P.M., northwesterly along State

Highway 91 and the south side of Robinson Tailing Pond, thence westerly to the south of Chalk Mountain Reservoir and Robinson

Reservoir, thence northwesterly to Eagle Park Reservoir. The Chalk Mountain Interceptor Ditch diverts water from the headwaters of

Tenmile Creek in Lake and Summit Counties and from the headwaters of the East Fork of the Eagle River in Eagle County. (4) East

Interceptor Ditch. The East Interceptor Ditch has a capacity of 20 cfs and runs northeasterly from a point whence the northeast corner

of Section 2, T. 8 S., R. 79 W., 6th P.M. bears North 77 20' East a distance of 850 feet at the north fork of McNulty Creek, thence along

the east side of Robinson and Tenmile Tailing Ponds into Supply Canal No. 1. The East Interceptor Ditch diverts water from the north

fork of McNulty Creek and surface flow, seepage, and run-off from watersheds above it that are tributary to Tenmile Creek. (5) Supply

Canal No. 1. The Supply Canal No. 1 has a capacity of 10 cfs and diverts water from the following tributaries of Tenmile Creek at the

following points: (i) on the west bank of Humbug Creek at a point whence the southwest corner of Section 18, T. 7 S., R. 79 W. bears

South 71 35' West a distance of 3250 feet; (ii) on the south bank of Mayflower Creek at a point whence the northeast corner of Section

24, T. 7 S., R. 79 W., 6th P.M. bears North 16 55' East a distance of 2250 feet; (iii) runoff, surface flow, and seepage from the area

above the Supply Canal No. 1 as it runs between the above-described points of diversion and the Climax Mill; and (iv) the Supply Canal

No. 1 can also divert water from Clinton Gulch Creek. However, water from Clinton Gulch Creek is not claimed as a source for the

water rights decreed herein. (6) Supply Canal No. 2. The Supply Canal No. 2 has a capacity of 10 cfs and diverts water from the

following tributaries of Tenmile Creek at the following points: (i) on the west bank of Searle Creek at a point whence U.S.L.M. Kokomo

bears South 45 58' East 3740 feet (located in the NW1/4 of the SE1/4 of Section 13, T. 7 S., R. 79 W., 6th P.M.); (ii) on the south bank

of Kokomo Creek at a point whence U.S.L.M. Kokomo bears North 39 36' East 2635 feet (located in the SE1/4 of Section 22, T. 7 S.,

R. 79 W., 6th P.M.); and (iii) runoff, surface flow, and seepage from the area above the Supply Canal No. 2 as it runs between the above-

described points of diversion and the Climax Mill. (7) East Fork Pumping Plant. The East Fork Pumping Plant has a capacity of 6 cfs

and diverts from the East Fork of the Eagle River in the SE1/4 of the NE1/4 of Section 32, T. 7 S., R. 79 W., 6th P.M., at a point whence

the Northeast corner of said Section 32 bears North 31 53' East a distance of 2,414 feet, which is 2,130 feet from the North section line

and 1,100 feet from the East section line of Section 32. (c) Sources of Water: The sources of water for the Eagle Park Reservoir are the

East Fork of the Eagle River, including run-off, surface flow, and seepage from the area above the reservoir and tributary thereto; and

water tributary to Tenmile Creek, a tributary of the Blue River. (d) Appropriation date: The appropriation date for the initial 5,300 acre-

feet of the Eagle Park Reservoir storage right decreed in Case No. 92CW340 is March 16, 1991. The appropriation date for the Eagle

Park Reservoir First Enlargement is May 18, 1993. (e) Amount: 5,300 acre-feet for the Eagle Park Reservoir, of which 3,301 acre-feet

has been made absolute and 1,999 acre-feet remain conditional, and 22,300 acre-feet, conditional, for the Eagle Park Reservoir First


WATER DIVISION 5

PAGE 21

Enlargement. (f) Uses: The beneficial uses for water stored, released, and diverted, whether directly or by exchange, under the Eagle

Park Reservoir and the Eagle Park Reservoir First Enlargement are mining, milling, industrial, snowmaking, municipal, domestic, stock

watering, recreational, fish and wildlife, irrigation, agricultural, exchange, replacement, and augmentation purposes. 4. Detailed outline

of work done to complete project and apply water to beneficial use: During the subject diligence period, the Eagle Park Reservoir

Company and its shareholders have thus far spent approximately $4.4 million to operate, maintain, protect, upgrade and repair Eagle

Park Reservoir and its associated diversion facilities and water rights. Specifically, the Eagle Park Reservoir Company and its

shareholders have engaged in the following activities: (a) The Applicants operated and completed extensive repairs and improvements

to the diversion structure of the East Fork Pumping Plant which was damaged by lightening in the spring of 2018. The cost of the repairs

was approximately $496,892. The East Fork Pumping Plant is used to help fill Eagle Park Reservoir by pumping water from the East

Fork of the Eagle River an elevation of 375 feet through 1,800 feet of 14" HDPE pipe into the reservoir. (b) Applicants completed

extensive engineering to investigate enlargement of the Eagle Park Reservoir to 11,200 acre-feet and investigate enlargement of the East

Fork Pumping Plant at a cost of approximately $1,051,570. (c) Applicants conducted extensive water quality studies related to the

Climax Mine water flows that could affect Eagle Park Reservoir and reservoir temperature gradients, monitor the water quality and

hydrologic protection of Eagle Park Reservoir at a cost of approximately $471,734. (d) The total costs include the additional amounts

incurred by the Applicants to operate, maintain and insure Eagle Park Reservoir. (e) During the subject diligence period, the Applicants

expended significant sums toward the operation, maintenance, and repair of their water supply systems that utilize water from Eagle

Park Reservoir. The following expenditures were incurred: (1) Applicant Eagle River Water & Sanitation District incurred a cumulative

total of over $21,000,000 during the diligence period to operate, protect, maintain, upgrade, and expand its water facilities. All such

expenditures are necessary steps in the development of the its integrated water supply system and Eagle Park Reservoir. (2) Applicant

Upper Eagle Regional Water Authority incurred a cumulative total of over $67,000,000 during the diligence period to operate, protect,

maintain, upgrade, and expand its water facilities. All such expenditures are necessary steps in the development of the its integrated

water supply system and Eagle Park Reservoir. (3) Applicant the Colorado River Water Conservation District incurred capital costs and

expenditures during the diligence period totaling more than $11,800,000. This includes water right activities related to its Colorado

River Water Projects Enterprise. (4) Applicant Vail Associates, Inc. incurred capital costs and expenditures of over $12,656,000 during

the diligence period to plan, operate, protect, maintain, upgrade, and expand its snowmaking water facilities at Vail Mountain and Beaver

Creek ski areas. Eagle Park Reservoir is the major source of snowmaking supply for the ski areas. Eagle Park Reservoir is also a source

of supply for the Red Sky Ranch development. Red Sky Ranch is a 780 acre residential and golf course development, which includes

homes, two golf courses, open space and other recreational amenities. Vail Associates has incurred significant additional expense during

the diligence period on investigations and capital improvements related to the Red Sky Ranch water supply facilities, and incurred

substantial additional costs related to its ownership interest in the Eagle Park Reservoir Company. All of the foregoing activities and

expenditures are necessary steps in the development of Vail Associates’ integrated water supply system, including Eagle Park Reservoir.

All of these expenditures and activities are necessary to apply Eagle Park Reservoir and its First Enlargement to the beneficial uses for

which they were decreed. Owners of land: Eagle Park Reservoir Company is the owner of the land on which Eagle Park Reservoir and

East Fork Pumping Plant are located. The enlargement of Eagle Park Reservoir, the East Fork Interceptor Ditch and the Chalk Mountain

Interceptor Ditch are located on land owned by the Climax Molybdenum Company, 333 North Central Avenue, Phoenix, AZ 85004.

The Eagle Park Reservoir Company has a contract right to use the Chalk Mountain Interceptor Ditch. WHEREFORE, the Applicants

request a finding that they have exercised reasonable diligence in the development of the conditional water rights awarded to the

remaining 1,999 acre-feet of the Eagle Park Reservoir and the 22,300 acre-feet of the Eagle Park Reservoir First Enlargement, all for

mining, milling, industrial, snowmaking, municipal, domestic, stock watering, recreational, fish and wildlife, irrigation, agricultural,

exchange, replacement, and augmentation purposes, and that continues the subject conditional water rights in full force and effect. (10

pages total including exhibit) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JANUARY 2020 to file with the Water Clerk a verified










19CW3146 MESA COUNTY, MESA CREEK, PLATEAU CREEK, COLORADO RIVER. Camp Hope, Inc. , Attn: Louis Nelson,

509 Beech Avenue, Fruita, CO 81521, (970) 462-1098, [email protected] with a copy to Kirsten M. Kurath, Williams, Turner

& Holmes, P.C., PO Box 338, Grand Junction, CO 81502, 970-242-6262, [email protected]. Application for Finding of

Reasonable Diligence. Structure: Camp Kiwanis Well (Well Permit No. 053280-F), Original Decree: January 11, 2000, Case No. 98

CW 242, District Court, Water Division 5. Subsequent decrees: March 18, 2007, Case No. 06CW07, and October 8, 2013, Case No.

2013CW027, District Court, Water Division 5. Legal Description: The Camp Kiwanis Well is located in the SE1/4 SW1/4 of Section

22, T.11 S., R.96 W., 6th P.M., approximately 3,900 feet West of the East Section Line and 525 feet North of the South Section Line of

said Section 22. See Exhibit A to Application. Source: The Camp Kiwanis Well is drilled in alluvium and overburden adjacent to Mesa




WATER DIVISION 5

PAGE 22

Creek. This well intercepts and withdraws groundwater tributary to Mesa Creek, tributary to Plateau Creek, tributary to the Colorado

River. App. Date: August 15, 1998. Amount:17 gallons per minute (0.038 c.f.s.) with an annual volumetric limit of 1.7 acre feet. Of

these amounts, 0.038 c.f.s. and an annual volume of 0.42 acre feet are absolute for all decreed uses, and an annual volume of 1.28 acre

feet for all decreed uses remains conditional. Uses: Domestic, commercial and household uses, filling of and evaporation from swimming

pool, fire protection, watering of livestock and domestic animals, and irrigation of lawns and gardens, all in connection with the operation

of a camp known as Camp Kiwanis. Depth of Well: Approx. 131 feet. Landowner: The Camp Kiwanis Well is located on land within

the Grand Mesa National Forest, owned by the United States of America and managed by the U.S. Forest Service, U.S. Department of

Agriculture, Grand Junction Ranger District, 2777 Crossroads Boulevard, Suite 1, Grand Junction, Colorado 81506. Applicant has the

right to use and occupy the land pursuant to a Term Special Use Permit issued in April of 2018. The Application contains a detailed

outline of what has been done during this diligence period toward completion of the appropriation and application of water to beneficial

use. Applicant requests that the remaining conditional portion of the Camp Kiwanis Well water right be continued in full force and

effect and that the Applicant be granted such additional and further relief as may be appropriate. (6 pages)











19CW3147 IN PITKIN COUNTY, COLORADO. John B. and Alayne C. Kane, 0350 Oak Ridge Drive, Aspen, Colorado 81611.

Telephone (970) 925-1600. Please address all correspondence to: Douglas M. Sinor and Peggy E. Montano, Trout Raley, 1120 Lincoln

Street, Suite 1600, Denver, Colorado 80203. Telephone: (303) 861-1963. APPLICATION TO MAKE CONDITIONAL WATER

RIGHT ABSOLUTE OR IN THE ALTERNATIVE FOR FINDING OF REASONABLE DILIGENCE 1. Names, address and

telephone number of Applicants: See above. 2. Name of the structure: Kane Pump and Pipeline 3.Description of conditional water right:

A. Date of Original Decree: September 21, 1999 Case No.: 99CW010 Court: Water Court, Division 5 B. Subsequent decrees awarding

findings of diligence: Date of Decree: August 20, 2007 Case No.: 05CW177 Court: Water Court Division 5 Date of Decree: January 30,

2013 Case No.: 13CW3032 Court: Water Court, Division 5 C. Legal description: A structure located on the east bank of Classen Creek,

an intermittent stream in the SWl/4 of the NWl/4, Sec. 3, Township 10 South, Range 85 West, 6th P.M., at a point approximately 1,700

feet from the north section line and 80 feet from the west section line. See map attached to the Application as Exhibit A. D. Source:

Classen Creek, an intermittent stream, tributary to Owl Creek, tributary to the Roaring Fork River, tributary to the Colorado River. E.

Appropriation Date: December 31, 1983 and January 31, 1999. Amount: 0.19 cfs absolute; 0.36 cfs conditional. F. Use: Diversions from

Classen Creek through Kane Pump and Pipeline to Kane Pond occur in priority and are used for irrigation, stock water, aesthetic, and

recreational use, as well as for fire protection and the filling and refilling of Kane Pond. 4. 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: A. This

verified application for making the water right absolute and in the alternative a finding of reasonable diligence is filed pursuant to the

Water Right Determination and Administration Act of 1969, §§ 37-92-101, et seq., C.R.S. B. During the period of time from January

30, 2014 to this date, in continuing the development of the conditional water right the following actions have occurred: 1. Retained an

irrigation property manager to divert the absolute water right decreed to the Kane Pump and Pipeline, to routinely check the water level

in Kane Pond, and to ensure that the system operates properly. 2. Retained Resource Engineering, Inc. to consult on a replacement pump

system capable of diverting the full decreed amount of 0.55 cfs. Resource Engineering, Inc. also conducted a site visit to examine the

newly installed pump of the Kane Pump and Pipeline. 3. Purchased and installed the water diversion facilities recommended and pumped

and put to beneficial use for the decreed uses the entire 0.55 cfs water right which was in priority on July 13, 2019. See engineering

letter and photographs attached as Exhibit B to this Application. 4. Retained Trout Raley to pursue this water court filing to make the

water right absolute. 5. Since January 30, 2014, Applicants have expended in excess of $50,000 to complete appropriation of the

conditional water right. 5. This application seeks to make the remaining conditional amount of 0.36 cfs of the Kane Pump and Pipeline

water right absolute which will result in the entire 0.55 cfs water right being made absolute for all decreed uses. 6. Name and address of

owner of the land upon which any structure is or will be located, and upon which water will be placed to beneficial use: Applicants. (4

Pages)









WATER DIVISION 5

PAGE 23




19CW3148 GARFIELD COUNTY. BRUSH CREEK, A TRIB. OF ROAN CREEK, A TRIB. OF THE COLORADO RIVER.

Application for Finding of Reasonable Diligence. Applicant: Branded Rock Canyon, LLC, c/o Balcomb & Green, P.C., P.O. Drawer

790, Glenwood Springs, CO 81602; 970-945-6546. Summary of Application: This application seeks a finding of reasonable diligence

in the development of all cond. water rights first decreed in Case No. 01CW373 and continued as cond. water rights by decree entered

in Case No. 11CW200, with the exception of the CNR Spring No. 2 as herein abandoned. Previous Decrees: Orig. decree: Case No.

01CW373, Dist. Court, Water Division No. 5, 12/23/2005. Subsequent decree (diligence): Case No. 11CW200, Dist. Court, Water

Division No. 5, 11/16/2013. The cond. water rights that are the subject of this Application (collectively “Subject Water Rights”) are

organized by structure type as in the original decree in Case No. 01CW373 (i.e. - ditches, springs, wells, ponds and reservoirs).

Applicant’s property boundaries are depicted on Figure 1 attached to application. The locations of the Subject Water Rights are depicted

on Figures 2 and 3 attached to the application. Ditches: Bridges Hayes Ditch CNR Enlargement. CNR Lower Ditch. Secluded Ditch.

Legal description of each pt. of diversion: Bridges Hayes Ditch CNR Enlargement: NE1/4 NE1/4 Sec. 10, T. 6 S., R. 99 W., 6th P.M.

at a pt. 559 ft. from the E. Sec. line and 1,151 ft. from the N. Sec. line. Lower Ditch: NE1/4 SW1/4 Sec. 24, T. 6 S., R. 99 W., 6th P.M.

at a pt. 1,787 ft. from the W. Sec. line and 3,450 ft. from the N. Sec. line. Secluded Ditch: NE1/4 SW1/4 Sec. 31, T. 5 S., R. 98 W., 6th

P.M. at a pt. 1,515 ft. from the W. Sec. line and 1,635 ft. from the S. Sec. line. Source for all ditches: Brush Creek, a trib. of Roan

Creek, a trib. of the Colorado River. Date of Approp. for all ditches: 6/15/2001. Remaining Cond. Amts. and Uses: Bridges Hayes Ditch

CNR Enlargement: 2.0 c.f.s. for supply source for the ponds and reservoirs as described hereinafter, wildlife and pisc. uses. CNR Lower

Ditch: 2.0 c.f.s. for supply source for the ponds and reservoirs as described hereinafter, wildlife and pisc. uses. Secluded Ditch: 2.0

c.f.s. for supply source for the ponds and reservoirs as described hereinafter, wildlife and pisc. uses and irr. of 12 acres in the SE1/4

SW1/4 and the SW1/4 SE1/4, Sec. 31, T. 5 S., R. 98 W. 6th P.M. Springs. CNR Spring No. 1. CNR Spring No. 2. Elk Cabin Spring.

Legal description of each pt. of diversion: CNR Spring No. 1: NW1/4 NE1/4 Sec. 24, T. 6 S., R. 99 W., 6th P.M. at a pt. 1,850 ft. from

the E. Sec. line and 1,217 ft. from the N. Sec. line. CNR Spring No. 2: SW1/4 SE1/4 Sec. 11, T. 6 S., R. 99 W., 6th P.M. at a pt. 1,561

ft. from the E. Sec. line and 287 ft. from the S. Sec. line. Elk Cabin Spring: NE1/4 NE1/4 Sec. 2, T. 6 S., R. 99 W., 6th P.M. at a pt.

905 ft. from the E. Sec. line and 721 ft. from the N. Sec. line. Source: Springs trib. to unnamed creeks that are trib. to Brush Creek, a

trib. of Roan Creek, a trib. of the Colorado River. Date of Approp.: 6/15/2001. Remaining Cond. Amts. and Uses: CNR Spring No. 1:

0.034 c.f.s., cond. for wildlife use adjacent to the spring, livestock watering, dom., and comm. CNR Spring No. 2: 0.034 c.f.s., cond.

for wildlife use adjacent to the spring, livestock watering, dom., and comm. Elk Cabin Spring: 0.01 c.f.s., cond. for dom., comm.,

wildlife use adjacent to the spring, livestock watering and irr. of approx. 500 sq. ft. under the Elk Cabin Spring located in the NE1/4

SE1/4 Sec. 2, T. 6 S., R. 99 W., 6th P.M. Remarks: The CNR Spring No. 1 and Elk Cabin Spring are augmented pursuant to the plan

for aug. decreed in Case No. 01CW373. Wells. CNR Lodge Well. CNR Office Well. CNR Fish Camp Well. CNR Irr. Well No.1.

Legal Descriptions: CNR Lodge Well: NE1/4 SW1/4 Sec. 3, T. 6 S., R. 99 W., 6th P.M. at a pt. 2,830 ft. from the E. Sec. line and 380

ft. from the N. Sec. line. CNR Office Well: NE1/4 SW1/4 Sec. 24, T. 6 S., R. 99 W., 6th P.M. at a pt. 3,286 ft. from the E. Sec. line and

1,780 ft. from the S. Sec. line. CNR Fish Camp Well: NW1/4 SW1/4 of Sec. 31, T. 5 S., R. 98 W., 6th P.M. at a pt. 890 ft. from the W.

Sec. line and 2,380 ft. from the S. Sec. line. CNR Irr. Well No. 1: NW1/4 SW1/4 Sec. 31, T. 5 S., R. 98 W., 6th P.M. at a pt. 797 ft.

from the W. Sec. line and 2,383 ft. from the S. Sec. line. Source - all wells: Groundwater trib. to Brush Creek, a trib. of Roan Creek, a

trib. of the Colorado River. Dates of Approp.: CNR Lodge Well and CNR Irr. Well No. 1: 6/15/2001. CNR Fish Camp Well and

CNR Office Well: 8/28/2002. Remaining Cond. Amts. and Uses: CNR Lodge Well: 0.217 c.f.s., cond., for dom., comm., and irr. of up

to 1 acre within the NW1/4 SE1/4, Sec. 3, T. 6 S., R. 99 W., 6th P.M. CNR Office Well: 0.250 c.f.s., cond., for dom., comm., livestock

watering, and irr. of up to 15,000 sq. ft. in the NW1/4 SE1/4, S. 24, T. 6 S., R. 99 W., 6th P.M. CNR Fish Camp Well: 0.250 c.f.s.,

cond., for dom., comm., and irr. of up to 15,000 sq. ft. in the NW1/4 SW1/4, Sec. 31, T. 5 S., R. 98 W., 6th P.M. CNR Irr. Well No.1:

0.250 c.f.s., cond., for irr. of up to 10 acres in SE1/4 NE1/4 of Sec. 36, T. 5 S., R. 99 W., and W1/2 of Sec. 31, T. 5 S., R. 98 W., 6th

P.M. Remarks: The CNR Lodge Well, CNR Office Well, and CNR Fish Camp Well are augmented by the plan for aug. approved in

Case No. 01CW373. Storage Water Rights: Ponds. CNR Ponds Nos. 1, 2, 3, 4, 7, 8 and 10. Legal descriptions: CNR Pond No. 1: The

center of the Pond is located in the SW1/4 SE1/4 Sec. 11, T. 6 S., R. 99 W., 6th P.M. at a pt. 2,573 ft. from the E. Sec. line and 370 ft.

from the S. Sec. line. CNR Pond No. 2: The center of the Pond is located in the SW1/4 SE1/4 Sec. 11, T. 6 S., R. 99 W., 6th P.M. at a

pt. 2,240 ft. from the E. Sec. line and 510 ft. from the S. Sec. line. CNR Pond No. 3: The center of the Pond is located in the SW1/4

SE1/4 Sec. 11, T. 6 S., R. 99 W., 6th P.M. at a pt. 2,490 ft. from the E. Sec. line and 920 ft. from the S. Sec. line. CNR Pond No. 4: The

center of the Pond is located in the SW1/4 NW1/4 Sec. 11, T. 6 S., R. 99 W., 6th P.M. at a pt. 1,220 ft. from the W. Sec. line and 2,540

ft. from the N. Sec. line. CNR Pond No. 7: The center of the Pond is located in the SE1/4 SW1/4 Sec. 31, T. 5 S., R. 98 W., 6th P.M. at

a pt. 2,720 ft. from the E. Sec. line and 220 ft. from the S. Sec. line. CNR Pond No. 8: The center of the Pond is located in the SE1/4

SW1/4 Sec. 31, T. 5 S., R. 98 W., 6th P.M. at a pt. 3,075 ft. from the E. Sec. line and 1,025 ft. from the S. Sec. line. CNR Pond No. 10:

The center of the Pond is located in the SE1/4 NE1/4 Sec. 36, T. 5 S., R. 99 W., 6th P.M. at a pt. 475 ft. from the E. Sec. line and 1,780

ft. from the N. Sec. line. Source - all ponds: Brush Creek, a trib. of Roan Creek, a trib. of the Colorado River. Name and capacity of

ditch or ditches used to fill the ponds, each as described above: CNR Ponds 1 through 4: Bridges Hayes Ditch CNR Enlargement, 2.0

cfs. CNR Ponds 7 and 8: Secluded Ditch, 2.0 cfs. CNR Pond 10: Kreps Ditch CNR Enlargement, 2.0 cfs. Dates of Approp.: CNR Pond

No. 1: June 15, 2001 for 2.4 AF.; August 28, 2002 for the next 14.0 AF. CNR Pond No. 2: 6/15/2001 for 2.4 AF.; 8/28/2002 for the

next 24.6 AF. CNR Pond No. 3: 6/15/2001 for 5.6 AF.; 8/28/2002 for the next 8.4 AF. CNR Pond No. 4: 6/15/2001 for 5.6 AF.;

8/28/2002 for the next 10.8 AF. CNR Pond No. 7: 6/15/2001 for 8.0 AF.; 8/28/2002 for the next 8.4 AF. CNR Pond No. 8: 6/15/2001


WATER DIVISION 5

PAGE 24

for 8.0 AF.; 8/28/2002 for the next 3.9 AF. CNR Pond No. 10: 6/15/2001 for 1.12 total AF. Remaining Cond. Amts. and Uses Decreed

to Ponds: CNR Pond No. 1: 16.4 AF., cond., for pisc., rec., wildlife use adjacent to the pond, and aug. CNR Pond No. 2: 27.0 AF.,

cond., for pisc., rec., wildlife use adjacent to the pond, and aug. CNR Pond No. 3: 14.0 AF., cond., for pisc., rec., wildlife use adjacent

to the pond, and aug. CNR Pond No. 4: 16.4 AF., cond., for pisc., rec., wildlife use adjacent to the pond, and aug. CNR Pond No. 7:

16.4 AF. cond., for pisc., rec., wildlife use adjacent to the pond, and aug. CNR Pond No. 8: 11.9 AF., cond., for pisc., rec., wildlife use

adjacent to the pond, and aug. CNR Pond No. 10: 1.12 acre ft., cond. for aug.; 0.35 AF. cond. for pisc., rec., wildlife use adjacent to the

pond. Remarks: Evap. depletions from the CNR Ponds described above are augmented pursuant to the plan for aug. decreed in Case

No. 01CW373. When operated under that plan, these ponds will be kept full by flow-through diversions under the ditches described

above. Storage Water Rights: Reservoirs. CNR Reservoir No. 1. CNR Reservoir No. 2. Legal description of Reservoirs: CNR Reservoir

No. 1: SE1/4 SW1/4 Sec. 24, T. 6 S., R. 99 W., 6th P.M. at a pt. 1,995 ft. from the W. Sec. line and 1,115 ft. from the S. Sec. line. CNR

Reservoir No. 2: NW1/4 NE1/4 Sec. 14, T. 6 S., R. 99 W., 6th P.M. at a pt. 1,890 ft. from the E. Sec. line and 675 ft. from the N. Sec.

line. Source: Brush Creek, a trib. of Roan Creek, a trib. of the Colorado River. Name and capacity of ditch or ditches used to fill the

ponds, each as described above: CNR Lower Ditch, 2.0 cfs. Bridges Hayes Ditch CNR Enlargement, 2.0 cfs. Dates of Approp.: CNR

Reservoir No. 1: 6/15/2001 for 8.0 AF. CNR Reservoir No. 2: 6/15/2001 for 8.0 AF.; 8/28/2002 for the next 37.0 AF. Remaining Cond.

Amts. and Uses Decreed to Reservoirs: CNR Reservoir No. 1: 8.0 AF., cond., for rec., wildlife use adjacent to the reservoir, aug., pisc.,

and irr. of up to 30 acres within the E1/2 NW1/4 Sec. 25 and E1/2 SW1/4 of Sec. 24, T. 6 S., R. 99 W., 6th P.M. CNR Reservoir No. 2:

45.0 AF., cond., for rec., wildlife use adjacent to the reservoir, aug., pisc., and irr. of up to 78 acres within a portion of Sec.s 11, 13 and

14, T. 6 S., R. 99 W., 6th P.M. Remarks: CNR Reservoir Nos. 1 & 2 are entitled to one fill in priority each year. These reservoirs are

not refilled or freshened with water flowing through them. The reservoirs are not augmented structures under the Plan for Aug. decreed

in Case No. 01CW373. Integrated System. The water rights confirmed and decreed in Case No. 11CW200, including those cond. water

rights described above, are individual components of Applicant’s integrated water system for its Branded Rock Canyon, LLC guest

resort. Consequently, work on any one feature shall be considered in finding that reasonable diligence has been shown in the

development of water rights for all features of Applicant’s water supply system. A list of diligence activities and expenditures is on file

with this court. Landowner Information: Applicant owns the land upon which all structures and features in this application are located.

18 pgs.











19CW3149 MESA COUNTY, COLORADO RIVER. Name, address and telephone number of Applicant: Richard Kedrowski P.

O. Box 132, Avon, Colorado 81620; (970) 471-1705. Name of attorney, address and telephone number: Frederick G. Aldrich, Esq.,

Aldrich Law Firm, LLC, 601A 28 1/4 Road, Grand Junction, Colorado 81506; (970) 245-7950. Name of structures: Dee Dee's

Diversion (ditch) and Mark and Dee Dee's Lake (reservoir). Type of application: Application for Finding of Reasonable Diligence

and/or to Make Absolute in Whole or in Part. Location: The point of diversion for Dee Dee’s Diversion is located in the SW¼ NE¼

of the NE¼ of Section 35, Township 1 South, Range 2 West of the Ute Principal Meridian, at a point which is 450 South of the North

line and 500 feet West of the East line of said Section 35, UTM X = 18311.1, Y = 4336490.5; Latitude 39.119975, Longitude -

108.665256. Type of Use: Irrigation of 23 acres now described as Outlot 2, Monument View III Subdivision above the highwater line

and the irrigation of Lots 1, 2, 3, 4 and 5, Monument View II Subdivision, Mesa County, Colorado such parcels formerly known as

Parcel 1, Monument View Lake and Parcel B, Dee Dee’s Simple Land Division. Appropriation Date: February 2, 1998. Type of

Structure: Ditch. Quantity: 0.50 c.f.s. conditional for irrigation. Location: The approximate center point of Mark and Dee Dee’s

Lake is located in the NW¼ SW¼ of the NW¼ of Section 36, Township 1 North, Range 2 West, of the Ute Principal Meridian, which

is 200 feet East of the West line and 1,700 feet South of the North line of said Section 36, UTM X = 183385.0, Y = 4336038.1; Latitude

39.116006, Longitude -108.661885. Type of Use: Irrigation of 23 acres now described as Outlot 2, Monument View III Subdivision

above the highwater line and the irrigation of Lots 1, 2, 3, 4 and 5, Monument View II Subdivision, Mesa County, Colorado such parcels

formerly known as Parcel 1, Monument View Lake and Parcel B, Dee Dee’s Simple Land Division. Appropriation Date: August 1,

1993. Type of structure: Reservoir. Quantity: 100.00 acre-feet conditional for irrigation. Additional information: Applicant seeks

a finding of reasonable diligence in the development of the conditional water rights for irrigation decreed to Dee Dee’s Diversion and

Mark and Dee Dee’s Lake based on the expenditure of funds and the performance of work to develop these rights as part of an integrated

water supply project and/or to make absolute the water rights decreed to Dee Dee’s Diversion and Mark and Dee Dee’s Lake based on

the application of the conditional rights to beneficial uses for irrigation.





WATER DIVISION 5

PAGE 25








19CW3150 CLIMAX MOLYBDENUM COMPANY (“CLIMAX”), C/O SANDY FABRITZ, HENDERSON MINE, EMPIRE,

COLORADO 80438, Telephone: (303) 271-0107. APPLICATION FOR A FINDING OF REASONABLE DILIGENCE in GRAND

COUNTY. Please direct all correspondence or inquiries regarding this matter to the attorneys for the Applicant: Brian M. Nazarenus,

# 16984 and Sheela S. Stack, #32768, Nazarenus Stack & Wombacher LLC, 8301 E. Prentice Avenue, Suite 110, Greenwood Village,

Colorado 80111. 2. Remarks. Climax is the owner of the Henderson Mine and Mill. The Henderson Mine is generally located beneath

the Continental Divide in Clear Creek and Grand Counties. The Henderson Mill is located in the Williams Fork River basin in Grand

County. Molybdenum ore is mined at the Henderson Mine and conveyed to the Henderson Mill via a 14.6-mile long conveyance

mechanism, 9.6 miles of which are located underground. At the Henderson Mill, the ore is milled, processed, and refined; water is an

integral component of these processes. Climax owns a number of rights in the Williams Fork River basin, including water rights on

Lost Creek, Mule Creek, Skylark Creek, and Battle Creek (collectively, the “Skylark Ranch Water Rights”). In Consolidated Case Nos.

1996CW3681 and 96CW3682, Water Division 5 (consolidated into Case No. 96CW3681), the Skylark Ranch Water Rights were

changed from agricultural use to, among other uses, use as sources of substitute supply for a number of exchanges decreed in Case No.

96CW3681 (the “Skylark Exchanges”). The Skylark Exchanges were continued as conditional by the decree entered in Case No.

09CW59 on November 7, 2013. This Application seeks a finding of reasonable diligence for the Skylark Exchanges decreed in Case

No. 96CW3861 and continued as conditional in Case No. 09CW59. 3. Description of Conditional Rights of Exchange. Five different

exchanges were decreed in Case No. 96CW3681 and continued as conditional in Case No. 09CW59. This section provides the legal

description of the end points of those exchanges and then describes each exchange. 3.1. Description of End Points and Substitute

Supplies Involved in the Exchanges. 3.1.1. Lower End Points of Exchange Reaches. 3.1.1.1. Confluence of Skylark Creek with

Williams Fork River. The Confluence of Skylark Creek with the Williams Fork River is located in Section 17, Township 1 South, Range

78 West of the 6th P.M., 1,590 feet from the North section line and 520 feet from the West section line, Grand County, Colorado.

3.1.1.2. Williams Fork Reservoir. The Williams Fork Reservoir dam is located in Section 23, Township 1 North, Range 79 West of the

6th P.M., 2,150 feet from the South section line and 1,470 feet from the East section line, Grand County, Colorado. 3.1.1.3. East Branch

Flood Bypass Pipeline. The East Branch Flood Bypass Pipeline is located at a point in Section 24, Township 2 South, Range 78 West

of the 6th P.M., 2,370 feet from the South section line and 1,670 feet from the West section line, Grand County, Colorado. 3.1.2. Upper

End Points of Exchange Reaches. 3.1.2.1. The Henderson Mill Water System. The Henderson Mill Water System is an integrated

water system comprised of the following intakes. Exchanged water may be diverted into these intake points singularly or in combination:

3.1.2.1.1. Intake 1 - Williams Fork Pipeline. The Williams Fork Pump Station is located on the Williams Fork River, in Section 25,

Township 2 South, Range 78 West, 6th P.M., 2,530 feet from the North section line and 1,220 feet from the East section line, Grand

County, Colorado. From the pump station, water may be diverted (a) directly to the Henderson Mill system for use in industrial processes

or (b) to the East Branch Reservoir, Lost Creek Reservoir, Ute Creek Reservoir, and/or the Henderson Mill Tailings Pond for storage.

3.1.2.1.2. Intake 2 - Henderson Mill Potable Water Pipeline. The Henderson Mill Potable Water Pipeline is located at a point in

unsurveyed Township 2 South, Range 78 West, 6th P.M., whence the Southeast corner of Section 36, Township 2 South, Range 78 West

of the 6th P.M. bears South 61̊48'41" and East a distance of 9,407.35 feet, Grand County, Colorado. 3.1.2.1.3. Intake 3 - Ute Creek

Pipeline. The headgate of the Ute Creek Pipeline is located at a point in unsurveyed Township 2 South, Range 78 West, 6th P.M.,

whence the Southeast corner of Section 36, Township 2 South, Range 78 West of the 6th P.M. bears South 61̊54'25" and East a distance

of 9,341.93 feet, Grand County, Colorado. 3.1.2.1.4. Intake 4 - Lower Ute Creek Intake. The Lower Ute Creek Intake is located at a

point in unsurveyed Township 2 South, Range 78 West, 6th P.M., whence the Southeast corner of Section 36, Township 2 South, Range

78 West of the 6th P.M. bears South 53̊10" East a distance of 7,854.93 feet, Grand County, Colorado. 3.1.2.1.5. Intake 5 - Lost Creek

Intake. The point of diversion of the Lost Creek Intake is at the Lost Creek Pump Station, to be located at a point in unsurveyed Township

2 South, Range 78 West, 6th P.M., whence the Northeast corner of Section 32, Township 1 South, Range 78 West of the 6th P.M. bears

North 4̊10' and East a distance of 8,700 feet, at the outlet works of the Lost Creek Dam, Grand County, Colorado. 3.1.2.1.6. Intake 6 -

Lost Creek Reservoir. Lost Creek Reservoir presently consists of a partially constructed dam (outlet works only). The right abutment of

the dam axis is to be located at a point in unsurveyed Township 2 South, Range 78 West, 6th P.M., whence the Northeast corner of

Section 32, Township 1 South, Range 78 West of the 6th P.M. bears North 1̊10' and East a distance of 9,420 feet, Grand County,

Colorado. 3.1.2.1.7. Intake 7 - East Branch Reservoir. The right abutment of the dam axis of East Branch Reservoir is located at a point

in Section 25, Township 2 South, Range 78 West, 6th P.M., 660 feet from the North section line and 390 feet from the West section

line, Grand County, Colorado. 2.1.2.1.8. Intake 8 - Ute Creek Reservoir. The right abutment of the dam axis of Ute Creek Reservoir is

located at a point in unsurveyed Township 2 South, Range 78 West, 6th P.M., whence the Southeast corner of Section 36, Township 2

South, Range 78 West, 6th P.M., bears South 61̊58'37" and East a distance of 9,278.92 feet, Grand County, Colorado. 3.1.2.2. The

Henderson Tunnel Pipeline. The Henderson Tunnel Pipeline will begin at or near the West portal of the Henderson Haulage Tunnel,

located in the Northwest ¼ of the Northwest ¼ of Section 16, Township 3 South, Range 77 West, 6th P.M., Grand County, Colorado.

Water delivered to the Henderson Tunnel Pipeline will be conveyed by the pipeline through the Henderson Haulage Tunnel and pumped


WATER DIVISION 5

PAGE 26

through mine shafts in the Henderson Mine to Woods Creek, a tributary of Clear Creek, for delivery to the City of Golden, pursuant to

the April 4, 1978 agreement between Climax’s parent company at the time, AMAX, and the City of Golden. There are three proposed

intakes for the Henderson Tunnel Pipeline: 3.1.2.2.1. Intake 1 - Darling Creek Intake, located in Section 9, Township 3 South, Range

77 West of the 6th P.M., 960 feet from the South section line and 120 feet from the West section line, Grand County, Colorado. 3.1.2.2.2.

Intake 2 - Williams Fork Intake, located in Section 16, Township 3 South, Range 77 West of the 6th P.M., 890 feet from the North

section line and 510 feet from the West section line, Grand County, Colorado. 3.1.2.2.3. Intake 3 - South Fork Intake, located in

Section 8, Township 3 South, Range 77 West of the 6th P.M., 190 feet from the South section line and 860 feet from the East section

line, Grand County, Colorado. 3.1.3. Sources of Substitute Supply. The Skylark Exchanges utilize the Skylark Ranch Water Rights,

as changed in Case No. 96CW3681, for use as sources of substitution, augmentation, and exchange. The Skylark Ranch Water Rights

are as described in Table 1, below.

TABLE 1

STRUCTURE CIV ACT #

(GRAND

CTY

DIST CT)

ADJUD

DATE

APPROP

DATE

SOURCE AMOUNT DECREED

POINT OF

DIVERSION

LOST CREEK WATER RIGHTS

Gervens No. 1

Ditch

183 8/03/11 6/02/1902 Lost Creek 2.000 cfs The north bank of Lost

Creek at a point

whence the NW corner,

Sec 33, T1S, R78W,

6th PM, bears N 43̊ W

2,820 ft

Gervens No. 2

Ditch

183 8/03/11 9/30/1904 Lost Creek 1.375 cfs The left bank of Lost

Creek at a point

whence the SW corner

of Sec 33, T1S, R78W,

6th PM, bears S 352̊' W

1,146 ft

Lost Creek

Ditch

183 8/03/11 9/16/1908 Lost Creek 8.000 cfs The west bank of Lost

Creek at a point

whence the NW corner,

Sec 17, T2S, R78W,

6th PM, bears N 40̊14'

W 3,887 ft

Gervens No. 2

Ditch

59 3/18/16 9/30/1904 Lost Creek 1.125 cfs The left bank of Lost

Creek at a point

whence the SW corner

of Sec 33, T1S, R78W,

6th PM, bears S 352̊' W

1,146 ft

MULE CREEK WATER RIGHTS

B.W. Field

Mule Creek

No. 1 Ditch

183 8/03/11 5/31/1889 Mule Creek 2.500 cfs The west bank of the W

fork of Mule Creek at a

point whence the NW

corner, Sec 8, T2S,

R78W, 6th PM, bears

N 12̊ 50' E 2,770 ft

John Shore

Ditch

183 8/03/11 10/01/1888 Mule Creek 2.500 cfs The north bank of Mule

Creek at a point

whence the NW corner

of the NE 1/4 of Sec 32,

T1S, R78W, 6th PM,

bears S 37̊ E 3,920 ft.

Transferred to the John

Shore #1 headgate


WATER DIVISION 5

PAGE 27

John Shore #1

Ditch

183 8/03/11 6/30/1890 Mule Creek 2.000 cfs The north bank of Mule

Creek at a point

whence the SE corner

of the NE 1/4 of Sec 32,

T1S, R78W, 6th PM,

bears S 25 ̊E 2,200 ft.

Burtcher Ditch 183 8/03/11 12/31/1897 Mule Creek 2.500 cfs The west bank of Mule

Creek at a point

whence the SW corner,

Sec 32, T1S, R78W,

6th PM, bears N 65̊ W

1,950 ft

B.W. Field

Mule Creek

No. 2 Ditch

183 8/03/11 7/15/1908 Mule Creek 1.000 cfs At a point whence the

SW corner, Sec 8, T2S,

R78W, 6th PM, bears S

13̊34' E 1,469 ft. Now

diverted at the Burtcher

Ditch headgate

described above

SKYLARK CREEK WATER RIGHTS

F.A. Field

Ditch

112 8/03/06 5/15/1889 Skylark

Creek

3.250 cfs The west bank of

Skylark Creek at a

point whence the SW

corner, Sec 31, T1S,


16̊30' W 1,237.5 ft

Scholl Ditch 183 8/03/11 12/01/1887 Skylark

Creek


Skylark Creek at a

point whence the

quarter corner between

Sec 19 and Sec 30,

T1S, R78W, 6th PM,

bears N 3̊12' E 2,640 ft

Williams

Ditch

183 8/03/11 5/20/1888 Skylark

Creek


Skylark Creek at a

point whence the


Sec 30 and Sec 31,

T1S, R78W, 6th PM,

bears N 135̊' W 2,150 ft

Skylark

Reservoir

183 8/03/11 12/31/1903 Skylark

Creek

12.23 acre-

ft

Climax

owns ½ of

the interest

in this

water right

The headgate of the

feeder canal is located

on Skylark Creek at a

point whence the


Sec 30 and Sec 31,

T1S, R78W, 6th PM,

bears N 40̊ W 1,070 ft

McCandliss

Ditch

356 7/12/19 7/26/1917 Skylark

Creek

1.500 cfs The east bank of

Skylark Creek at a

point whence the SW

corner of Sec 31, T1S,


74̊29' W 93.4 ft


WATER DIVISION 5

PAGE 28

North Skylark

Ditch

814 11/11/52 6/01/1913 North Fork

of Skylark

Creek

3.000 cfs The left bank of North

Skylark Creek at a

point whence the NE

corner, Sec 1, T2S,

R79W, 6th PM, bears

N 54̊25' E 3,053 ft

South Skylark

Ditch

814 11/11/52 8/01/1949 South Fork

of Skylark

Creek

1.500 cfs The right or east bank

of South Skylark Creek

at a point whence the

NE corner, Sec 1, T2S,

R79W, 6th PM, bears

N 29̊45' E 2,066 ft

BATTLE CREEK WATER RIGHTS

Langholen #4

Ditch

183 8/03/11 9/30/1889 Battle

Creek

1.125 cfs The west bank of Battle

Creek at a point

whence the quarter

corner between Sec 24

(Sec 25) and Sec 26,

T1S, R79W, 6th PM,

bears S 743̊0' W 645 ft

Langholen #3

Ditch

183 8/03/11 9/30/1889 Battle

Creek

1.250 cfs The north bank of

Battle Creek at a point

whence the quarter


and Sec 27, T1S,


74̊40' W 2,217 ft

Langholen #2

Ditch

183 8/03/11 7/01/1890 Battle

Creek

1.250 cfs The south bank of


whence the quarter


and Sec 27, T1S,

R79W, 6th PM, bears

N 19̊ W 205 ft

Langholen #1

Ditch

183 8/03/11 7/31/1890 Battle

Creek

1.250 cfs The north bank of


whence the quarter


and Sec 27, T1S,


11̊5' W 280 ft

Shore #1

Ditch

183 8/03/11 7/31/1890 Battle

Creek

(The decree

erroneously

shows

Mule

Creek)

2.000 cfs The left bank of Battle

Creek at a point

whence the E quarter


R79W, 6th PM, bears

N 78̊ (68?̊) 15' E 4,143

ft

Shore #2 & #3

Ditch

183 8/03/11 4/20/1908 Battle

Creek

2.000 cfs

(Combined

diversion

not to

exceed

2.000 cfs)

The right bank of north

fork of Battle Creek at

a point whence the E

quarter corner of Sec

27, T1S, R79W, 6th

PM, bears N 703̊0' E

2,213 ft

Buehler #1

Ditch

304 8/11/17 12/31/1905 Battle

Creek

0.500 cfs The north bank of the

middle fork of Battle

Creek at a point



WATER DIVISION 5

PAGE 29


R79W, 6th PM, bears

N 48̊12' E 3,093 ft

Buehler #2

Ditch

304 8/11/17 12/31/1913 Battle

Creek

0.500 cfs The east bank of the

south branch of the


Creek at a point



R79W, 6th PM, bears

N 44̊45' E 3,801 ft

Buehler #3

Ditch

304 8/11/17 12/31/1913 Battle

Creek

0.500 cfs The west bank of the

south branch of the


Creek at a point



R79W, 6th PM, bears

N 35̊27' E 4,850 ft

Buehler #4

Ditch

304 8/11/17 12/31/1913 Battle

Creek

0.500 cfs The south bank of the


Creek at a point



R79W, 6th PM, bears

N 46̊50' E 5,051 ft

The Terms and Conditions outlined in paragraphs 2.4 of the decree entered in Case No. 96CW3861 and 2.1.4 of the decree in Case No.

09CW59 continue to apply to the use of the Skylark Ranch Water Rights in the subject exchanges. 3.2. Description of Exchanges.

3.2.1. Skylark Creek to Henderson Mill Exchange. 3.2.1.1. Exchange Reach. The Skylark Creek-Henderson Mill Exchange will run

from the Confluence of Skylark Creek and the Williams Fork River to the Henderson Mill Water System intake points. Under the

exchange, historic depletion credits attributable to the Lost Creek, Mule Creek, and Skylark Creek Water Rights will be delivered to the

Williams Fork River. Simultaneous with such deliveries, an equal amount of water that would otherwise be out-of-priority shall be

diverted by exchange at one or more of the Henderson Mill Water System intakes. 3.2.1.2. Amount of Exchange. The amount of the

exchange shall not exceed 9.0 cfs. 3.2.1.3. Sources of Substitute Supply. The sources of substitute supply for the Skylark Creek-

Henderson Mill Exchange will be the historic depletion credit attributable to the Lost Creek, Mule Creek and Skylark Creek Water

Rights. 3.2.1.4. Use of Exchanged Water. Water that is exchanged by the Skylark Creek-Henderson Mill Exchange, may be used either

directly or after storage for all beneficial purposes, including, without limitation: industrial, domestic, fire suppression, reclamation,

wetlands mitigation, and augmentation use associated with the Henderson Mill. The water diverted under this exchange may be used,

reused, successively used, and disposed of to extinction; including successive use as a source of substitute supply for the East Branch

Flood Bypass Pipeline to Henderson Tunnel Pipeline Exchange, described below. 3.2.1.5. Appropriation Date. September 20, 1994.

3.2.2. Williams Fork Reservoir to Henderson Mill Exchange. 3.2.2.1. Exchange Reach. The Williams Fork Reservoir-Henderson Mill

Exchange will run from the Williams Fork Reservoir Dam to the Henderson Mill Water System intake points. Under the exchange,

historic depletion credits attributable to the Battle Creek Water Rights will be delivered to the Williams Fork River. Simultaneous with

such deliveries, an equal amount of water that would otherwise be out-of-priority shall be diverted by exchange at one or more of the

Henderson Mill Water System intakes. 3.2.2.2. Amount of Exchange. The amount of the exchange shall not exceed 1.5 cfs.

3.2.2.3.Sources of Substitute Supply. The sources of substitute supply for the Williams Fork Reservoir-Henderson Mill Exchange will

be the historic depletion credits attributable to the Battle Creek Water Rights. 3.2.2.4. Use of Exchanged Water. Water that is exchanged

by the Williams Fork Reservoir-Henderson Mill Exchange may be used either directly or after storage for all beneficial purposes,

including, without limitation: industrial, domestic, fire suppression, reclamation, wetlands mitigation, and augmentation use associated

with the Henderson Mill. The water diverted under this exchange may be used, reused, successively used, and disposed of to extinction;

including successive use as a source of substitute supply for the East Branch Flood Bypass Pipeline to Henderson Tunnel Pipeline

Exchange, described below. 3.2.2.5. Appropriation Date. September 20, 1994. 3.2.3. Skylark Creek to Henderson Tunnel Pipeline

Exchange. 3.2.3.1. Exchange Reach. The Skylark Creek-Henderson Tunnel Exchange will run from the Confluence of Skylark Creek

and the Williams Fork River to one or more of the Henderson Tunnel Pipeline intakes. Under the exchange, historic depletion credits

attributable to the Lost Creek, Mule Creek, and Skylark Creek Water Rights will be delivered to the Williams Fork River. Simultaneous

with such deliveries, an equal amount of water that would otherwise be out-of-priority shall be diverted by exchange at one or more of

the Henderson Tunnel Pipeline intakes. 3.2.3.2. Amount of Exchange. The amount of the exchange shall not exceed 9.0 cfs. 3.2.3.3.

Sources of Substitute Supply. The sources of substitute supply for the Skylark Creek-Henderson Tunnel Pipeline Exchange will be

historic depletion credits attributable to the Lost Creek, Mule Creek, and Skylark Creek Water Rights. 3.2.3.4. Use of Exchanged


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PAGE 30

Water. Water that is exchanged by the Skylark Creek-Henderson Tunnel Pipeline Exchange may be used for all purposes in the

Henderson Mine, including, without limitation: industrial, domestic, fire suppression, and augmentation use. Exchanged water may

also be delivered via the Henderson Tunnel Pipeline to the Clear Creek drainage for delivery to the City of Golden for municipal

purposes. After such initial uses, the water diverted pursuant to this exchange may be reused, successively used, and disposed of to

extinction. 3.2.3.5. Appropriation Date. September 20, 1994. 3.2.4. Williams Fork Reservoir to Henderson Tunnel Pipeline Exchange.

3.2.4.1. Exchange Reach. The Williams Fork Reservoir-Henderson Tunnel Exchange will run from the Williams Fork Reservoir Dam

to one or more of the Henderson Tunnel Pipeline intakes. Under the exchange, historic depletion credits attributable to the Battle Creek

Water Rights will be delivered to the Williams Fork River. Simultaneous with such deliveries, an equal amount of water that would

otherwise be out-of- priority shall be diverted by exchange at one or more of the Henderson Tunnel Pipeline intakes. 3.2.4.2. Amount

of Exchange. The amount of the exchange shall not exceed 1.5 cfs. 3.2.4.3. Sources of Substitute Supply. The sources of substitute

supply for the Williams Fork Reservoir-Henderson Tunnel Pipeline Exchange will be the historic depletion credits attributable to the

Battle Creek Water Rights. 3.2.4.4. Use of Exchanged Water. Water that is exchanged by the Williams Fork Reservoir-Henderson

Tunnel Pipeline Exchange may be used for all purposes in the Henderson Mine, including, without limitation: industrial, domestic, fire

suppression, and augmentation use. Exchanged water may also be delivered via the Henderson Tunnel Pipeline to the Clear Creek

drainage for delivery to the City of Golden for municipal purposes. After such initial uses, the water diverted pursuant to this exchange

may be reused, successively used, and disposed of to extinction. 3.2.4.5. Appropriation Date. September 20, 1994. 3.2.5. East Branch

Flood Bypass Pipeline to Henderson Tunnel Pipeline Exchange. 3.2.5.1. Exchange Reach. The East Branch Flood Bypass Pipeline-

Henderson Tunnel Exchange will run from the East Branch Flood Bypass Pipeline to one or more of the Henderson Tunnel Pipeline

intakes. Under the exchange, historic depletion credits attributable to the Skylark Ranch Water Rights, which were stored in East Branch

Reservoir, Ute Creek Reservoir, Lost Creek Reservoir, and/or the Henderson Mill Tailings Pond, will be delivered to the Williams Fork

River through the East Branch Flood Bypass Pipeline. Simultaneous with such deliveries, an equal amount of water that would otherwise

be out-of-priority shall be diverted by exchange at one or more of the Henderson Tunnel Pipeline intakes. 3.2.5.2. Amount of Exchange.

The amount of the exchange shall not exceed 20.0 cfs. 3.2.5.3. Sources of Substitute Supply. The sources of substitute supply for the

East Branch Flood Bypass Pipeline-Henderson Tunnel Pipeline Exchange will be the stored historic depletion credits attributable to the

Skylark Ranch Water Rights. 3.2.5.4. Use of Exchanged Water. Water that is exchanged by the East Branch Flood Bypass Pipeline-

Henderson Tunnel Pipeline Exchange may be used for all purposes in the Henderson Mine, including, without limitation: industrial,

domestic, fire suppression, and augmentation use. Exchanged water may also be delivered via the Henderson Tunnel Pipeline to the

Clear Creek drainage for delivery to the City of Golden for municipal purposes. After such initial uses, the water diverted pursuant to

this exchange may be reused, successively used, and disposed of to extinction. 3.2.5.5. Appropriation Date. September 20, 1994. 3.3.

Terms and Conditions on Exchanges. The terms and conditions placed upon the exchanges in the decrees entered in Case Nos.

96CW3681 and 09CW59 continue to be effective. 4. Evidence of Reasonable Diligence. Pursuant to section 37-92-301(4)(b) of the

Colorado Revised Statutes, for purposes of demonstrating diligence, work on one feature of a project or system shall be considered in

finding that reasonable diligence has been shown in the development of all water rights conditionally decreed herein, and shall constitute

diligence toward the development of each of the conditional water rights decreed herein. During the diligence period Climax has done,

at a minimum, the following work towards completion or for completion of the appropriations and application of water to a beneficial

use as conditionally decreed (expenditure numbers are rounded to the nearest $1,000). 4.1. Engineering. During the diligence period,

Climax spent over $20,000 in engineering fees related to the Henderson Mill Water rights portfolio, Henderson Mill water rights

accounting, yield analysis, and operations consulting, including water rights subject to this application. 4.2. Ditch Activities. During

the diligence period, Climax maintained federal entitlement to easements under the 1996 Ditch Bill on the ditches associated with the

Skylark Ranch Water Rights and has also performed maintenance work on the ditches associated with the Skylark Ranch Water Rights

according to the federal permits obtained, including performing weed and wildlife control. 4.3. Legal. Climax continues to rely upon

and develop the conditional water rights described herein and has no intent to abandon them. Climax 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. Legal fees in the amount of $10,000.00 were expended during the diligence period in water rights

protection and opposition on behalf of Climax. WHEREFORE, Climax Molybdenum Company requests that the Court enter a decree

finding that reasonable diligence was performed during the diligence period in development of the conditional water rights which are

the subject of this application and that the conditional rights of the Skylark Exchanges should continue. (13 pages)











19CW3151 S. ROBERT LEVINE, c/o Joseph B. Dischinger, Dean C. Hirt, III, Fairfield and Woods, P.C., 1801 California Street,

Suite 2600, Denver, CO 80202; and John W. Dunn, Mountain Law Group, LLC, Vail Professional Building, 953 South Frontage Road

http://www.mountain-law.com/

http://www.mountain-law.com/


WATER DIVISION 5

PAGE 31

West, Suite 222, Vail, Colorado 81657. Application for Findings of Reasonable Diligence in EAGLE COUNTY. Structures (all

conditional, without any claim to make absolute): (1) Brereton Pump and Pipeline No. 1 Enlargement. Legal Description: on Casteel

Creek Ranch at a point 507 feet from the West line and 1,503 feet from the North line of §30, T.5S., R.82W. of the 6 th P.M., 0.3 cfs.

Fire protection, domestic, irrigation, stock watering, car washing, augmentation, piscatorial, and aesthetic purposes. (2) Brereton Pump

and Pipeline No. 2 Enlargement. Legal Description: on Casteel Creek Ranch at a point 420 feet from the West line and 3,650 feet from

the North line of §30, T.5S., R.82W. of the 6th P.M., 0.3 cfs. Fire protection, domestic, irrigation, stock watering, car washing,

augmentation, piscatorial, and aesthetic purposes. (3) Casteel Creek Ranch Pond System. Legal Description: on the channel of the

Brereton Pumps and Pipelines ditch within the E½SW¼NW¼ and the W½SE¼NW¼, §30, T.5S., R.82W. of the 6th P.M., 8.0 acre-feet.

Domestic, irrigation, stock watering, car washing, fire protection, piscatorial, augmentation, recreational, and aesthetic purposes. (4)

Casteel Creek Ranch Pond No. 3. Legal Description: on the channel of West Lake Creek at a point 350 feet from the North line and 900

feet from the East line of §30, T.5S., R.82W. of the 6th P.M., 1.0 acre-foot. Piscatorial, fire protection, and aesthetic. (5) Scherer

Replacement Well. Legal Description: at a point 2,200 feet from the North line and 1,000 feet from the West line of §30, T.5S., R.82W.

of the 6th P.M., 15 g.p.m. Domestic, irrigation, stock watering, car washing, fire protection, and aesthetic purposes. (6) CCR Well #1.

Legal Description: at a point 700 feet from the South line and 3,000 feet from the East line of §19, T.5S., R.82W. of the 6th P.M., 15

g.p.m. Domestic, irrigation, stock watering, car washing, fire protection, and aesthetic purposes. (7) CCR Well #2. Legal Description:

at a point 260 feet from the North line and 2,610 feet from the East line of §30, T.5S., R.82W. of the 6th P.M., 15 g.p.m. Domestic,

irrigation, stock watering, car washing, fire protection, and aesthetic purposes. (8) CCR Well #3. Legal Description: at a point 1,600

feet from the North line and 3,300 feet from the East line of §30, T.5S., R.82W. of the 6th P.M., 15 g.p.m. Domestic, irrigation, stock

watering, car washing, fire protection, and aesthetic purposes; (9) CCR Well #4. Legal Description: at a point 700 feet from the South

line and 400 feet from the West line of §19, T.5S., R.82W. of the 6th P.M., 15 g.p.m. Domestic, irrigation, stock watering, car washing,

fire protection, and aesthetic purposes. (10) CCR Well #5. Legal Description: at a point 2,150 feet from the North line and 2,900 feet

from the East line of §30, T.5S., R.82W. of the 6th P.M., 15 g.p.m. Domestic, irrigation, stock watering, car washing, fire protection,

and aesthetic purposes. (11) CCR Well #6. Legal Description: at a point 2,300 feet from the North line and 300 feet from the West line

of §30, T.5S., R.82W. of the 6th P.M., 15 g.p.m. Domestic, irrigation, stock watering, car washing, fire protection, and aesthetic purposes.

Development of Right: During the diligence period, Applicant obtained replacement well permits for the Brereton/Laetsch – Coyote

Lodge Well, the Bell/Ridge Well, and the Levine Main House Well. Applicant also installed a new pump in the Levine Main House

Well. Applicant has installed pumps in each of the following wells and the pumps are capable of pumping the full decreed amount of

water for each well: The Cabin Well, Car Barn Well, Coyote Lodge Well, Main House Well, and Ridge House Well. Each of the five

previously mentioned wells have diverted water during every month of the diligence period, and collectively diverted 2.98 acre-feet in

Water Year (“WY”) 2014, 2.75 acre-feet in WY 2015, 3.61 acre-feet in WY 2016, 2.66 in WY 2017, 3.5 acre-feet in WY 2018, and 2.1

acre-feet in WY 2019. The Stark/Stone House Well has been used by two residences during the entire diligence period. Additionally,

the Gate House Well has been actively used during the diligence period. Applicant has continued to work with a consulting engineer for

additional water rights planning and commissioned engineering reports evaluating and summarizing Applicants’ water rights and water

resources. Applicant sought legal and engineering assistance to advise and protect his water rights, and Applicant’s expenditures with

regard to his water rights system, including legal and engineering fees, have exceeded $45,000 during this diligence period. In addition,

Applicant’s Brereton pond and the Casteel Creek Ranch Pond System have filled and refilled with water during the diligence period.











19CW14 (90CW245, 97CW33, 03CW109, 10CW255, 19CW9) SUMMIT COUNTY – ALLUVIUM, FRACTURED BEDROCK

TRIBUTARY TO THE SWAN RIVER, TRIBUTARY TO THE COLORADO RIVER. Arthur G. Blomberg; 840 Race St.; Denver,

CO 80206 (303)570-9067. Well No. 45 (Permit No. 038368-F)-Application for Change of Water Right. Decreed Location: SE¼SW¼

of Sec. 16, T.6S, R.77W. of the 6th P.M. 900 ft. from the south sec. line and 1,830 ft. from the west sec. line. Appropriation Date: Oct.

30, 1989. Amount: 15.0 g.p.m., conditional . Use: household uses in a single- family dwelling. The applicant requests a change in the

location of the well based on the application to make the water right absolute filed in Case No. 19CW9. The originally decreed point of

diversion plots at the top of the lot. The actual location of the well is approximately 381 feet from the decreed location and is located

on Applicant’s property. Applicant does not request any other changes to the subject water right. UTM Coordinates for the Proposed

Change in Point of Diversion: Easting 413564 Northing 4375579 Zone 13.





WATER DIVISION 5

PAGE 32








19CW15 (06CW214, 13CW3006) MESA COUNTY-WASTEWATER AND OTHER WATERS WHICH MAY ACCUMULATE

IN THE DRAINAGE DITCH FROM WATER ORIGINALLY DIVERTED BY THE GRAND VALLEY DRAINAGE

DISTRICT, ALL TRIBUTARY TO THE COLORADO RIVER. David Waller; 9425 Frying Pan Rd.; Basalt, CO 81621 (970)927-

3382. Morrison Ditch-Application for Finding of Reasonable Diligence. Location: S1/2SE1/4 of Sec. 36, T.2N., R.2W. of the Ute P.M.

1,200 ft. from the south sec. line and 450 ft. from the east sec. line. Appropriation: May 1, 2001. Amount: 0.30 c.f.s., conditional. Uses:

irrigation and stock watering. The application includes an outline of work performed during the diligence period.






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