division 5 water court- october 2018 resume 1. … · 2018-11-13 · division 5 water court-...

DIVISION 5 WATER COURT- OCTOBER 2018 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 OCTOBER 2018. 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.

18CW15 (11CW12) GUNNISON COUNTY- NORTH POLE CREEK TRIBUTARY TO THE CRYSTAL RIVER TRIBUTARY

TO THE ROARING FORK RIVER TRIBUTARY TO THE COLORADO RIVER. Judith K. Murray; 3734 E. 81st Place; Tulsa,

OK 74137 (918)481-0240. Murray North Pole Creek Pipeline-Application for Finding of Reasonable Diligence. Location: NE1/4NW1/4

of Sec. 12, T.12S, R.87W. of the 6th P.M. 3,560 ft. from the south sec. line and 3,560 ft. from the northeast sec. line. Appropriation:

Nov. 16, 1993. Amount: 0.303 c.f.s., conditional, for domestic use and 0.33 c.f.s., conditional, for irrigation of lawns surrounding single

family dwellings. An outline of work completed during the diligence period is included in the application.

YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of DECEMBER 2018 to file with the Water Clerk a

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

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

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

Fee: $158.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.






18CW16 (09CW174) GARFIELD COUNTY- UNNAMED TRIBUTARY TO GARFIELD CREEK TRIBUTARY TO THE

COLORADO RIVER. Robert & Velma Ragle; 3200 C.R. 312; New Castle, CO 81647 (970)984-1918. Ragle Reservoir No. 1, No. 2

and No. 3-Application to Make Absolute in Whole or in Part. Locations: Ragle Reservoir No. 1-NW1/4SE1/4 of Sec. 22, T.6S, R.91W.

of the 6th P.M. 1,550 ft. west of the east sec. line and 2,000 ft. north of the south sec. line. Ragle Reservoir No. 2-NW1/4SE1/4 of Sec.

22, T.6S, R.91W. of the 6th P.M. 1,500 ft. west of the east sec. line and 2,250 ft. north of the south sec. line. Appropriation Date: Dec.

31, 1961. Amount Claimed as Absolute: 2.0 a.f., absolute, for fish culture, irrigation, livestock water, piscatorial and domestic purposes

for Ragle Reservoir No. 1 and Ragle Reservoir No. 2. The applicants state that they are abandoning construction of Ragle Reservoir No.

3 and have not claimed diligence/make absolute on the water right associated with the Ragle Reservoir No. 3.











18CW17 (12CW38) GARFIELD COUNTY-CATTLE CREEK TRIBUTARY TO THE ROARING FORK RIVER

TRIBUTARY TO THE COLORADO RIVER. Josh & Brandy Sunshine; P.O. Box 2870; Glenwood Springs, CO 81602 (970)370-

7909. Hunt Reservoir No. 4 & No. 5-Application for Finding of Reasonable Diligence. Locations: Hunt Reservoir No. 4-NW1/4SW1/4

of Sec. 11, T.7S, R.88W. of the 6th P.M. 300 ft. east of the west sec. line and 2,200 ft. north of the south sec. line. Hunt Reservoir No.

5-NW1/4SW1/4 of Sec. 11, T.7S, R.88W. of the 6th P.M. 350 ft. east of the west sec. line and 1,900 ft. north of the south sec. line.

Appropriation: Aug. 6, 1981. Amounts: Hunt Reservoir No. 4 – 8.99 a.f. conditional for irrigation and 7.66 a.f. for livestock water, fish

culture and recreation purposes; Hunt Reservoir No. 5 – 1.0 a.f. conditional for irrigation, livestock water, fish culture and recreation

purposes. An outline of work completed during the diligence period is included in the application.









OCTOBER 2018 RESUME

WATER DIVISION 5 PAGE 2



18CW3136 MESA COUNTY - COLORADO RIVER; Bonnie Brook Vineyards Homeowners Association, Inc.; c/o John R. Pierce,

Dufford, Waldeck, Milburn & Krohn, LLP, 744 Horizon Court, Suite 300, Grand Junction, CO 81506, (970) 248-5865; APPLICATION

TO MAKE CONDITIONAL WATER RIGHT ABSOLUTE AND REQUEST FOR FINDING OF REASONABLE DILIGENCE;

Name, address, and telephone number of applicant: Bonnie Brook Vineyards Homeowners Association, Inc.; c/o Shaun Burns, President,

351½ Vino Tinto Lane, Palisade, CO 81526; Request to make conditional water right absolute and for finding of diligence: Name of

structure: Archuleta Diversion; Describe conditional water right: Date of Original Decree: December 29, 1998; Case No.: 98CW109;

Subsequent decrees awarding diligence: 04CW200 and 12CW62; Legal description: The SE Corner, G.L.O. Lot 4 (which is also the SE

corner of the SW¼ NE¼), Section 23, Township 1 South, Range 1 East, Ute Meridian lies S. 42°51’53” W. a distance of 1081.91 feet

from a point on the West end of the dam embankment of Lago Maria Elena. That location can also be described as 551 feet from the

east section line and 1,706 feet from the north section line in the SE¼ of the NE¼ of Section 23, Township 1 South, Range 1 East, Ute

Meridian; Source of water: Springs, natural runoff, and other water flowing in an unnamed tributary of the Colorado River;

Appropriation Date: May 2, 1998; Amount: 0.733 c.f.s. conditional and 0.267 c.f.s. absolute; Use: Irrigation of residential lots, parkland,

and wildlife habitat on up to 40 acres of land either directly or through storage in Lago Maria Elena; Outline of work toward completion

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

during the previous diligence period: During the most recent diligence period, Applicant operated a pump and diverted the full 1.0 c.f.s.;

If claim to make absolute in whole or in part: Date water applied to beneficial use: August 27, 2018; Amount: 0.733 c.f.s. absolute; Use:

Irrigation of residential lots, parkland, and wildlife habitat. WHEREFORE, Applicant requests to make the above-described conditional

water right absolute. In the event that conditional water rights are not made absolute, Applicant requests a finding of diligence with

regard to any existing conditional water rights in the structures described in this Application. (4 pages)











18CW3137 GRAND COUNTY-COLORADO RIVER OR ITS TRIBUTARIES. Name and address of Applicants: William

Cleveland and Laura Cleveland, PO Box 717, Fraser, CO 80442, 970-531-8697, c/o Kent H. Whitmer of The Whitmer Law Firm, LLC,

PO Box 38, Hot Sulphur Springs, CO 80451, 970-725-3460. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. Name

of Structure: Ski Ranch Estates Well #1. Location: The legal description is in Grand County in the N1/2 of the SE1/4 of the NW1/4 and

the E1/2 of the SW1/4 of the NW1/4 of Section 24, T1S, R76W of the 6th P.M., with one well decreed for each of the five lots within

the Ski Ranch Estates Subdivision, which Subdivision is set forth on the final plat thereof recorded in the Grand County real property

records with this well being allocated to Lot 1 thereof which is owned by the Applicants. Source: Tributary to the Fraser River. Date of

Appropriation: June 19, 1985. Amount: 0.31 acre-foot per year. Use: Domestic in-house use and fire protection. Type of Structure:

Well. Decree: November 18, 1986; Case No. 85CW164, Water Division No. 5. Subsequent Decrees Awarding Diligence: April 11,

1991, Case No. 90CW237, Water Div. No. 5; July 23, 1999, Case No. 96CW305, Water Div. No. 5; April 7, 2006, Case No. 05CW120,

Water Div. No 5, and October 12, 2012, Case No. 12CW53, Water Div. No. 5. Additional Information: Applicants request a finding of

diligence for subject well. Listing of activities supporting diligence are found in the Application. Exhibit A (Map) attached to the

Application. (7 pages).











OCTOBER 2018 RESUME


18CW3138 (REF NO. 07CW61. EAGLE COUNTY, SURFACE WATER TRIBUTARY TO WARREN GULCH AND THE

EAGLE RIVER AND GROUNDWATER TRIBUTARY TO THE EAGLE RIVER. Diamond S Ranch, Inc., a Colorado

corporation, c/o Tom Kinney, Esq., Western Slope Water Rights LLC, 0274 Crystal Park Drive, Redstone, CO 81623, (970) 510-0650,

[email protected]. Application for Finding of Reasonable Diligence and for Award of Absolute Water Rights. Applicant requests

entry of a decree in this case finding that it has shown reasonable diligence in completing the appropriation of the following-described

conditional water rights decreed by the Water Court in Case No. 07CW61, awarding certain of these water rights absolute and continuing

the remaining conditional water rights for an additional 6-year diligence period. The conditional water rights, which are the subject of

the application are described as follows: (1) Diamond Star Ranch Augmentation Pond, 7.78 acre-feet (“af”), cond. stored in an off-

channel non-jurisdictional lined structure located in Tract 51, T.4S., R.84W., 6th P.M., Ind. Res., protracted as being within the SW¼SE¼

Sec. 24, T.4S., R.84W. at a point 435 ft. from S. line and 2,639 ft. from E. line of Sec. 24, diverted from the Eagle River at the L-J

Enlargement and Extension of the Hollingsworth Ditch which point of diversion was previously established by the Eagle County District

Court in C.A. 930 as being located on the left bank of the Eagle River whence the Southeast Corner of said Sec. 24 bears S.16 deg. 45

min. E. 2,971.9 ft. and which diversion point is also described as being located within Lot 7 of said Sec. 24 at a point 2,900 ft. from S.

line and 900 ft. from E. line of Sec. 24, for augmentation, piscatorial and recreation uses with an appropriation date of Mar. 30, 2007,

entire 7.78 af being claimed absolute; (2) Diamond Star Ranch Headquarters Well, 0.044 cfs, cond., diverted from groundwater tributary

to Eagle River at a point in Tract 54, T.4S., R.84W., 6th P.M., Ind. Res., protracted within SW¼NW¼ Sec. 25, T.4S., R.84W. at a point

1,610 ft. from N. line and 685 ft. from W. line of Sec. 25, for domestic, commercial, irrigation, livestock watering, dust suppression,

equestrian purposes and vehicle washing with an appropriation date of March 30, 2007, entire 0.044 cfs being claimed absolute; (3)

Hollingsworth Ditch, Lake Oleson Pump & Pipeline Enl., 3.0 cfs, cond., diverted from the Eagle River at the headgate of the L-J

Enlargement and Extension of the Hollingsworth Ditch described hereinabove, for filling Lake Oleson for irrigation, piscatorial, fire

protection, wildlife watering and recreational uses, and also for directly irrigating 5.51 acres of land with an appropriation date of Mar.

30, 2007, 1.38 cfs of said 3.0 cfs being claimed absolute and remaining 1.62 cfs requested to be continued conditional; (4) Lake Oleson,

23.78 af, cond., stored in an off-channel jurisdictional structure located in said Tract 54 protracted as being within the NW¼SW¼ said

Sec. 25 at a point 2,635 ft. from S. line and 4,482 ft. from E. line of Sec. 25, filled from Hollingsworth Ditch, Lake Oleson Pump &

Pipeline, First Enlargement, Warren Gulch Ditch, Diamond Star Ranch Enlargement described herein and also previously awarded

changes of the Hollingsworth Ditch, Priority 141, water right for irrigation, piscatorial, fire protection, wildlife watering and recreation

uses with an appropriation date of March 30, 2007, entire 23.78 af being claimed absolute; (5) Line Cabin Pond, 8.19 af stored in an

off-channel non-jurisdictional structure located in the NW¼NW¼ Sec. 31, T.4S., R.83W., 6th P.M., Ind. Res., at a point 4,310 ft. from

S. line and 3,982 ft. from E. line of Sec. 31, of which 4.7 af were previously awarded absolute and 3.49 af remains conditional, filled by

Line Cabin Pond Ditch described herein below and also previously changed Hollingsworth Ditch, Priority 141, for piscatorial, fire

protection, wildlife watering and recreation uses with an appropriation date of Mar. 30, 2007, said 3.49 af being claimed absolute; (6)

Line Cabin Pond Ditch, 1.0 cfs, cond., diverted from unnamed tributary of Warren Gulch at a point in the NE¼NW¼ said Sec. 31, 4,320

ft. from S. line and 3,330 ft. from E. line of Sec. 31, for filling the Line Cabin Pond for piscatorial, fire protection, wildlife watering and

recreation uses with an appropriation date of Mar. 30, 2007, 0.56 cfs of 1.0 cfs being claimed absolute and remaining 0.44 cfs requested

to be continued conditional; (7) Warren Gulch Ditch, Diamond Star Ranch Enl., 1.0 cfs, cond., diverted from Warren Gulch at a point

within said Tract 54, 400 ft. from S. line and 4,510 ft. from E. line of said Sec. 25, for filling Lake Oleson for irrigation, piscatorial, fire

protection, wildlife watering and recreation uses, and also for directly irrigating 5.51 acres of land with an appropriation date of Mar.

30, 2007, entire 1.0 cfs being claimed absolute; (8) West Sherman Spring & Pipeline, First Enlargement, 0.044 cfs, cond., diverted from

an unnamed tributary of Warren Gulch at a point in Lot 5 of said Sec. 25, 2,870 ft. from S. line and 750 ft. from E. line of Sec. 25, for

domestic and commercial uses with an appropriation date of March 30, 2007, 0.014 cfs of 0.044 cfs being claimed absolute and

remaining 0.03 cfs requested to be continued conditional. Application contains description of reasonably diligent efforts made and the

associated diligence costs incurred during the six-year conditional water rights diligence period. (16 pages with map exhibits).











18CW3139 (10 CW 286) IN PITKIN COUNTY, COLORADO. ROARING FORK RIVER, TRIBUTARY TO COLORADO

RIVER. Theodore C. Skokos and Shannon B. Skokos, c/o Anne Marie McPhee, Oates, Knezevich, Gardenswartz, Kelly & Morrow,

OCTOBER 2018 RESUME


P.C., 533 E. Hopkins Avenue, 3rd Floor, Aspen, CO 81611, (970) 920-1700. APPLICATION FOR FINDING OF REASONABLE

DILIGENCE AND TO MAKE WATER RIGHTS ABSOLUTE. Common facts for all subject rights: Date of Original Decree:

October 2, 2012. Case No. 10CW286. Court: Water Division 5. Name of Structure: Skokos Wildwood Pump Diversion. Legal

Description: The point of diversion is located in the NW1/4 SW1/4 of Sec. 28, Tsp. 10 S, R. 84 W of the 6th P.M. at a point located

690 feet east of the West line and 1340 feet north of the South line of said Section. Source: Roaring Fork River, trib. to Colorado River.

Appropriation Date: November 30, 2010. Amount: 0.10 cfs. Use: Irrigation and filling and refilling the Skokos Wildwood Tanks for

subsequent use of fire protection, augmentation. Date water applied to beneficial use: January 15, 2014. Amt: 0.10 cfs. Use: Irrigation

and filling and refilling the Skokos Wildwood Tanks for subsequent use of fire protection, augmentation. Place where water is applied

to beneficial use: 0.50 acre in the NW1/4 SW1/4 of Sec. 28, Tsp. 10 S., R. 84 W of the 6th P.M. Name of Structure: Skokos Wildwood

Well. Legal Description: NW1 /4 SW1 /4 of Sect. 28, Tsp 10 S., R. 84 W. of the 6th P.M. at a point located 700 feet east from the

West line and 1540 feet forth of the South line of said Section. Source: Roaring Fork River alluvium, tributary to the Colorado River.

Approp. Date: November 30, 2010. Amount: 30 gpm. Use: Domestic in-house use for two dwelling units at a rate of up to 500 gallons

per day, including fire protection. Date water applied to beneficial use: January 15, 2014. Amt: 30 gpm. Use: Domestic in-house use for

two dwelling units at a rate of up to 500 gallons per day, including fire protection. Name of Structure: Skokos Wildwood Tanks. Legal

Description: NW1/4 SW1/4 of Sect. 28, Tsp. 10 S, R 84 W of the 6th P.M. near a point located 790 feet east of the West line and

1430 north of the South line of said Section. Source: Roaring Fork River, tributary to the Colorado River. Approp. Date: November 30,

2010. Amt: 0.30 acre-feet. Use: Fire protection and augmentation. Date water applied to beneficial use: January 15, 2014. Amt: 0.30

AF. Use: Fire protection and augmentation. The Application contains a detailed outline of work performed toward completion of the

appropriation and application of water to the conditional uses decreed during the relevant diligence period, including expenditures.

Name and address of owner of the land upon which the subject water rights are located: Applicant. A map is on file with the Court as

Exhibit A.











18CW3140 (C.A. 1193, W-56, W-789(76), 80CW94, 84CW70, 88CW85, 95CW52, 03CW41) (03CW211) (11CW77). 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, IN

EAGLE, SUMMIT, GRAND, PITKIN, AND GARFIELD COUNTIES, COLORADO APPLICATION TO MAKE WATER

RIGHT ABSOLUTE AND FOR FINDING OF REASONABLE DILIGENCE. 1. Name and address of applicant: Eagle Park Reservoir

Company (the “Applicant”), 846 Forest Road, Vail, CO 81657. Copies of all pleadings to: Glenn E. Porzak, Kristin H. Moseley, Porzak

Browning & Bushong LLP, 2120 13th Street, Boulder, CO 80302, 303-443-6800. Peter C. Fleming, Jason V. Turner, Colorado River

Water Conservation District, 201 Centennial Street | PO Box 1120, Glenwood Springs, CO 81602, 970-945-8522. Bryan R. Treu, Holly

K. Strablizky, Board of County Commissioners of Eagle County Colorado, 500 Broadway | P.O. Box 850, Eagle, CO 81631, 970-328-

8685. P. Fritz Holleman, Buchanan Sperling & Holleman PC, 1525 Spruce Street, Suite 200, Boulder, CO 80302, 303-431-9141. 2.

Name of structures: Pando Feeder Canal and East Fork Pumping Plant. 3. Description of conditional water rights: Applicant is the

owner of two conditional water rights – 80 cfs of the conditional uses of the Pando Feeder Canal water right, and 80 cfs of the conditional

East Fork Pumping Plant Exchange described below. Both these water rights are sources for Eagle Park Reservoir. A map of the Eagle

Park Reservoir and related facilities is attached. A. Pando Feeder Canal. 1. Original and subsequent decrees: Originally decreed by the

Eagle County District Court in Civil Action No. 1193. Findings of diligence, continuing the subject water right in full force and effect,

were made in Case Nos. W-56, W-789(76), 80CW94, 84CW70, 88CW85, 95CW52, 03CW41, 11CW77, District Court in and for Water

Division No. 5 (“Water Court”). 2. Locations: In Case No. 97CW288, the Water Court decreed the following as alternate points of

diversion for the 80 cfs Pando Feeder Canal water right: a. The East Fork Pumping Plant, which is located on the East Fork of the Eagle

River in the SE1/4 of the NE1/4 of Section 32, T. 7 S., R 79 W. of the 6th P.M. at a point whence the Northeast corner of said Section

32 bears North 3153' East a distance of 2,414 feet. b. The East Fork Interceptor Ditch, which is located at the following points: (a) 900

feet south of the north section line and 1100 feet west of the east section line of Section 5, T. 8 S., R. 79 W., 6th P.M.; (b) 1250 feet south

of the north section line and 700 feet east of the west section line of Section 4, T. 8 S., R. 79 W., 6th P.M.; (c) 1200 feet north of the

south section line and 800 feet east of the west section line of Section 33, T. 7 S., R. 79 W., 6 th P.M.; and (d) 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

OCTOBER 2018 RESUME


and Robinson Reservoirs. c. The Chalk Mountain Interceptor Ditch, which diverts runoff 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 and Robinson Reservoirs. 3. Source: Eagle River, a tributary of the Colorado River. 4.

Amount: 33.5 cfs absolute for snowmaking and augmentation uses, and 46.5 cfs conditional for snowmaking and augmentation uses

and 80 cfs for irrigation, domestic, municipal, generation of electric energy, industrial, mining, milling, stock watering, recreational,

fish and wildlife, agricultural, exchange, and replacement purposes out of the 400 cfs originally decreed to this water right. 5.

Appropriation date: August 10, 1956. 6. Uses: Irrigation, domestic, municipal, generation of electric energy, industrial, mining, milling,

snowmaking, stock watering, recreational, fish and wildlife, agricultural, exchange, replacement, and augmentation purposes. 7.

Remarks: The Colorado River Water Conservation District conveyed the subject 80 cfs of the original 400 cfs of the Pando Feeder

Canal water right to the Applicant and retained the remaining 320 cfs of this water right. The 320 cfs of the Pando Feeder Canal water

right retained by the Colorado River Water Conservation District is not the subject of this application. B. East Fork Pumping Plant

Exchange (augmentation by exchange): 1. Original decree: Case No. 03CW211, dated May 17, 2006. 2. Augmentation water rights:

Up to 5010.7 acre-feet of water from any part or combination of one or more of the following water rights: a. 1813 acre feet of water

from Green Mountain Reservoir by virtue of existing contracts between the Bureau of Reclamation and the Upper Eagle Regional Water

Authority, the Eagle River Water & Sanitation District (as successor to Vail Valley Consolidated Water District), and Vail Associates,

Inc., as shareholders of Applicant. Green Mountain Reservoir was decreed by the United States District Court for the District of

Colorado in Consolidated Case Nos. 2782, 5016 and 5017, for 154,645 acre feet, with an appropriation date of August 1, 1935, and is

located on the Blue River in Sections 11, 12, 13, 14, 15 and 24, T. 2 S., R. 80 W., and Sections 18, 19, 20, 21, 28, 29 and 34, T. 2 S., R.

79 W., 6th P.M., Summit County, Colorado. b. 302.8 acre feet of historic consumptive use credits which were quantified, changed and

decreed to the member districts of the Upper Eagle Regional Water Authority in Water Court Case Nos. W-3289, W-3664, W-3999,

80CW397, 81CW161, 81CW195, 84CW225 and 92CW295 from the water rights more particularly described in the attached Exhibits

A-1 and A-2. c. 379.9 acre feet of historic consumptive use credits which were quantified, changed and decreed to the Eagle River Water

& Sanitation District in Water Court Case No. 82CW328 from the water rights more particularly described in the attached Exhibits B-

1 and B-2. d. 115 acre feet of historic consumptive use credits owned by Vail Associates, Inc. which were quantified, changed and

decreed in Water Court Case No. 80CW397 from the water rights more particularly described in the attached Exhibits C-1 and C-2. e.

1400 acre feet of annual snowmaking return flows which accrue to the Eagle River from the Arrowhead and Beaver Creek ski areas.

Those ski areas are generally located in Sections 19, 30 and 31, T. 5 S., R. 81 W., 6th P.M. and Sections 10, 11, 14, 15, 23-26, 35 and

36, T. 5 S., R. 82 W., 6th P.M. By decrees entered in Water Court Case Nos. 88CW456, 89CW201 and 89CW296, 98CW203, the

snowmaking diversions for these ski areas are fully augmented and the return flows are calculated and measured pursuant to the

accounting procedures decreed in Water Court Case No. 94CW303. f. 1000 acre-feet annually of water from Wolford Mountain

Reservoir which consists of the following water rights: (i) Case No. 87CW283: Decree Date: November 20, 1989. Legal description

of place of storage: The dam is located in the SW1/4 of the NE1/4 of Section 25, T. 2 N., R. 81 W., 6th P.M. The intersection of the

dam axis with the right abutment will occur at a point which bears W. 5454'20" E. a distance of 3,716.46 feet from the NW Corner of

said Section 25. Source: Muddy Creek and its tributaries. Amount: 59,993 acre feet conditional; of this amount, 32,986 acre feet were

made absolute for piscatorial and recreational uses by decree entered in Water Court Case No. 95CW251. Appropriation Date:

December 14, 1987. Use: All beneficial uses, including but not limited to domestic, municipal, agricultural and recreational uses, which

uses satisfy the requirements of the Windy Gap Settlement made with the Municipal Subdistrict of the Northern Colorado Water

Conservancy District; use to meet the water requirements of the inhabitants of the Colorado River Water Conservation District (the

“River District”) for all uses, including uses in the Middle Park area; and use to meet the terms of a lease agreement executed March 3,

1987 between the River District and the City and County of Denver. (ii)Case No. 95CW281: Decree Date: August 26, 1997. Legal

description of place of storage: The dam is located in the SW1/4 of the NE1/4 of Section 25, T. 2 N., R. 81 W., 6th P.M. The as-built

intersection of the dam axis (Sta. D19+35.61) with the West Access Road (Sta. WR50+55.05), as shown on the Colorado River Water

Conservation District, Wolford Mountain Project, Ritschard Dam construction drawing "Dimensional Dam Layout" sheet 8 of 94,

occurs at a point which bears S. 5324'56" E. a distance of 3,395.51 feet from the NW Corner of said Section 25; the bearing of said

dam axis from Sta. 19+35.61 to Sta. 0+00 being S. 7528' 29" E. Source: Muddy Creek and its tributaries. Amount: 6,000 acre feet

conditional. Appropriation Date: January 16, 1995. Use: All beneficial uses by and for the benefit of the inhabitants of the River

District, including but not limited to domestic, municipal, industrial, irrigation, agricultural, piscatorial and recreational; such uses will

include environmental mitigation, including environmental mitigation requirements associated with the Wolford Mountain Project; such

uses will be made directly or by substitution, augmentation, or exchange. None of the water stored in the exercise of the right will be

delivered directly or by exchange, substitution, or otherwise for use outside of Colorado Water Division No. 5. (iii) Case No. 98CW237:

Decree Date: July 6, 2000. Legal Description of place of storage: Same as for 95CW281. Source: Muddy Creek and its tributaries.

Amount: 30,000 acre feet conditional with 15,895 acre feet being absolute for recreational and piscatorial and flood control.

Appropriation Date: November 17, 1998. Use: Certain of the beneficial uses previously adjudicated for Wolford Mountain Reservoir

in Case Nos. 87CW283 and 95CW281. g. Ruedi Reservoir. The River District holds Contracts No. 009D6C0111, 009D6C0118 and

039F6C0011 from the United States Bureau of Reclamation for 1,730 acre-feet of annual supply from Ruedi Reservoir and may obtain

OCTOBER 2018 RESUME


additional contracts in the future. This water will be used in addition to and as substitution for the Wolford Mountain Reservoir water

described in paragraph 4(F) above in appropriate circumstances where Ruedi Reservoir water is physically equivalent to Wolford

Reservoir water. Ruedi Reservoir consists of the following water rights: (i) Case No. CA 4613: Legal Description of place of storage:

Ruedi Reservoir is located in Sections 7, 8, 9, 11 and 14 through 18, T. 8 S., R. 84 W., 6th P.M., in Eagle and Pitkin Counties. Source:

Fryingpan River. Amount: By order entered in Case No. W-789-76, the decreed amount of this reservoir was fixed at 102,369 acre-

feet. Appropriation Date: July 29, 1957. Use: domestic, municipal, irrigation, industrial, generation of electrical energy, stock watering

and piscatorial uses. In Water Court Case No. 88CW85, the full amount was made absolute. (ii) In Water Court Case No. 81CW34,

Ruedi Reservoir was decreed a refill right in the amount of 101,280 acre-feet conditional. In Case No. 95CW95, 44,509 acre-feet was

made absolute. In Water Court Case No. 01CW269, an additional 25,257 acre-feet was made absolute, for a total of 69,766 acre-feet

absolute. This Ruedi Reservoir water is included to the extent it is substituted for Wolford Mountain Reservoir water to satisfy a call

downstream of the confluence of the Roaring Fork River and the Colorado River. 3. Location and Exchange Reaches: The East Fork

Pumping Plant is the upper terminus of the exchanges, and it is located on the East Fork of the Eagle River in the SE1/4 of the NE1/4

of Section 32, T. 7 S., R 79 W. of the 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. The downstream terminus of the exchange involving the Green Mountain Reservoir contract water is the

confluence of the Colorado River and the Eagle River. The downstream termini of the exchanges involving the water rights described

in paragraph 3(B)(2)(b) above shall extend from the confluence of Gore Creek and the Eagle River to the confluence of Lake Creek and

the Eagle River, depending on the specific water right being exchanged. The downstream terminus of the exchange involving the water

rights described in paragraph 3(B)(2)(c) above shall be the confluence of Gore Creek and the Eagle River. The downstream termini of

the exchanges involving the water rights described in paragraphs 3(B)(2)(d) and 3(B)(2)(e) shall be the confluence of Beaver Creek and

the Eagle River or the confluence of McCoy Creek and the Eagle River, depending on the specific water right being exchanged. The

downstream terminus of the exchange involving the Wolford Mountain Reservoir water described in paragraph 3(B)(2)(f) above is the

confluence of the Colorado River and the Eagle River. The downstream terminus of the exchange involving the Ruedi Reservoir water

described in paragraph 3(B)(2)(g) above is the confluence of the Roaring Fork River and the Colorado River. 4. Source: Eagle River, a

tributary of the Colorado River. 5. Amount: 80 cfs, conditional. 6. Appropriation date: September 30, 2003. 4. Absolute diversion of

Pando Feeder Canal: On May 31, 2014, the maximum diversion of the Pando Feeder Canal that was placed into storage in Eagle Park

Reservoir and subsequently used for all decreed beneficial uses was 42.42 cfs. This is 8.92 cfs greater than the current portion of the

Pando Feeder Canal (33.5 cfs) decreed absolute for snowmaking and augmentation uses. Thus, Applicant seeks to make an additional

8.92 cfs of the Pando Feeder Canal absolute for all decreed uses and make absolute for all decreed uses the previously 33.5 cfs decreed

absolute for snowmaking and augmentation uses. 5. Detailed outline of work done to maintain diligence: During the subject diligence

period, Applicant operated and completed extensive repairs to the East Fork Pumping Plant at a cost of approximately $496,892;

Applicant and its shareholders completed extensive engineering to enlarge Eagle Park Reservoir to 11,200 af and enlarge the East Fork

Pumping Plant at a cost of approximately $734,289; Applicant conducted extensive water quality studies related to the Climax Mine

water flows and reservoir temperature gradients at a cost of approximately $446,717; and Applicant maintained and operated the Eagle

Park Reservoir, and protected and enhanced the water rights associated with Eagle Park Reservoir in Water Court, at a cost in excess of

$602,996. These expenditures total approximately $2,260,894. All of this work was necessary to apply the remaining conditional

amounts of the subject water rights to the beneficial uses for which they were decreed. Thus, Applicant seeks a finding of diligence for

any of the subject conditional water rights not made absolute. 6. Owners of land: Applicant is the owner of the land on which the East

Fork Pumping Plant is located. The East Fork Interceptor Ditch and the Chalk Mountain Interceptor Ditch are located on land owned

by Climax Molybdenum Company, 333 North Central Avenue, Phoenix, AZ 85004. Applicant has a contract right to use the Chalk

Mountain Interceptor Ditch. WHEREFORE, the Applicant requests that this Court enter a decree which determines that Applicant and

its shareholders have made absolute an additional 8.92 cfs of the Pando Feeder Canal water right for all decreed beneficial uses, have

made absolute for all decreed uses the 33.5 cfs previously decreed absolute for snowmaking and augmentation uses, and have exercised

reasonable diligence with respect to the remaining subject conditional water rights and continues the subject conditional water rights in

full force and effect. (Application 23 pages total)











OCTOBER 2018 RESUME


18CW3141(06CW266) DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO, Garfield County

Courthouse, 109 8th Street, Ste. 104, Glenwood Springs, CO 81601. CONCERNING THE APPLICATION FOR WATER

RIGHTS OF ARCHIE W. AND LINDA R. DUNHAM, IN GRAND COUNTY, COLORADO. APPLICATION TO MAKE

CONDITIONAL WATER RIGHTS ABSOLUTE OR, IN THE ALTERNATIVE, FOR A FINDING OF REASONABLE

DILIGENCE. 1. Name and Address of Applicants: Archie W. and Linda R. Dunham, 2313 Mimosa Drive, Houston, Texas 77019,

Direct All Pleadings to: Kristin H. Moseley, Cassidy L. Woodard, Porzak Browning & Bushong LLP, 2120 13th Street, Boulder, CO

80302. 2. Names of Conditional Water Rights: A. Pond A-2, B. Pond A-3, C. Pond B-1, D. Pond A-2 Exchange, E. Pond A-3 Exchange,

F. Pond B-1 Antelope Creek Exchange. 3. Description of Conditional Water Rights: A. Pond A-2, an on-stream pond: i. Location: The

center of the dam will be located in the NE1/4 SW1/4 of Section 29, T. 4. N., R. 80 W. of the 6 th P.M. approximately 1,710 feet from

the W. Line and 1,985 feet from the S. Line of said Section 29; also geographically described as NAD83 UTM Coordinates, Zone 13

(metric) North 4,459,764: 382,864 East. See Exhibit A., ii. Source: Unnamed Tributary of Antelope Creek, a tributary of Muddy Creek,

tributary to the Colorado River., iii. Amount: Capacity of 6 acre feet (surface area 0.79 acres), conditional. Dead storage of 6 acre feet,

active capacity of 0 acre feet., iv. Appropriation Date: December 28, 2006., v. Uses: Recreation, fire protection, aesthetic, piscatorial,

stock water, and incidental wildlife., vi. Dam: Height not to exceed 8 feet, length not to exceed 75 feet. B. Pond A-3, an on-stream

pond: i. Location: The center of the dam will be located in the NE1/4 SW1/4 of Section 29, T. 4. N., R. 80 W. of the 6th P.M.

approximately 2,661 feet from the E. Line and 2,485 feet from the S. Line of said Section 29; also geographically described as NAD83

UTM Coordinates, Zone 13 (metric) North 4,459,913: 383,108 East. See Exhibit A. ii. Source: Unnamed Tributary of Antelope Creek,

a tributary of Muddy Creek, tributary to the Colorado River., iii.Amount: Capacity of 3 acre feet (surface area 0.6 acres). Dead storage

of 3 acre feet, active capacity of 0 acre feet., iv. Appropriation Date: December 28, 2006., v. Uses: Recreation, fire protection, aesthetic,

piscatorial, stock water, and incidental wildlife., vi. Dam: Height not to exceed 8 feet, and length not to exceed 60 feet. C. Pond B-1, an

off-stream pond: i. Location: The center of the dam will be located in the NW1/4 SW1/4 of Section 29, T. 4. N., R. 80 W. of the 6th P.M.

approximately 1,156 feet from the W. Line and 2,364 feet from the S. Line of said Section 29; also geographically described as NAD83

UTM Coordinates, Zone 13 (metric) North 4,459,876: 382,696 East. See Exhibit A. ii. Source: Antelope Creek and unnamed tributaries

of Antelope Creek, which are tributary to Muddy Creek, tributary to the Colorado River. Because the structure is off-channel, water will

be conveyed at a combined rate of up to 1 c.f.s. from the following alternate diversion points: a. Antelope Creek: NE1/4 SW1/4 of

Section 29, T. 4 N., R. 80 W. of the 6th P.M., 1,529 feet from the W. section line and 2,571 feet from the S. section line of said Section

29; UTM Zone 13, NAD83 Coordinates: 4,459,939N: 382,814E; and b. Unnamed Tributary: NE1/4 SW1/4 of Section 29, T. 4 N., R.

80 W. of the 6th P.M., 2,661 feet from the E. section line and 2,486 feet from the S. section line of said Section 29; UTM Zone 13,

NAD83 Coordinates: 4,459,913N: 383,108E., iii. Amount: Capacity of 9 acre feet (surface area 1.32 acres), conditional. Active storage

of 6.95 acre-feet, dead storage of 2.05 acre-feet., iv. Appropriation Date: December 28, 2006., v. Uses: Recreation, fire protection,

aesthetic, piscatorial, stock water, augmentation and incidental wildlife., vi. Dam: Height not to exceed 5 feet, length not to exceed 200

feet. D. Pond A-2 Exchange: i. Original Decree: Decreed by the District Court in and for Water Division No. 5 in Case No. 06CW266

on October 2, 2012., ii. Decreed Location: The upstream terminus of the augmentation by exchange is the location of Pond A-2,

described in Paragraph 3.A.i., above. The downstream terminus is the point of diversion for the Antelope Ditch, described in Paragraph

3.D.iii, below. See Exhibit A., iii. Source: Water from the Antelope Ditch, which was originally decreed by the District Court in and

for the County of Grand, State of Colorado, in Case No. CA-0113, for 3.0 cfs for irrigation purposes with and appropriation date of

April 8, 1886, and an adjudication date of August 11, 1906. The decreed point of diversion is in the SW1/4 SE1/4 SE1/4 of Section 8,

T. 3 N., R. 80 W. of the 6th P.M. In Case No. 06CW266, Applicant changed 0.333 cfs of the Antelope Ditch from irrigation to

augmentation uses. This water historically irrigated an eight (8) acre parcel of land that has been permanently removed from irrigation

pursuant to a dry-up covenant dated January 31, 2005, recorded at Reception No. 2005-001939 in the real property records of the County

of Grand, State of Colorado. The eight (8) acre parcel of land was located in the SW1/4 of Section 16 and the SE1/4 of Section 17, T. 3

N., R. 80 W. of the 6th P.M. This historic consumptive use of water on said eight (8) acres of land is 5.42 acre feet per year. The historic

season of use for the water right extends from April through October., iv. Appropriation Date: December 28, 2006., v. Amount: The

rates of exchange, in cfs, are as follows:

Apr. May June July Aug. Sept. Oct. Nov.

0.32 0.22 0.13 0.26 0.30 0.31 0.30 0.30

vi. Remarks: This exchange permits out-of-priority depletions equivalent to evaporation from Pond A-2. E. Pond A-3

Exchange: i. Original Decree: Decreed by the District Court in and for Water Division No. 5 in Case No. 06CW266 on October 2, 2012.,

ii. Decreed Location: The upstream terminus of the augmentation by exchange is the location of Pond A-3, described in Paragraph 3.B.i.,

above. The downstream terminus is the point of diversion for the Antelope Ditch, described in Paragraph 3.D.iii., above. See Exhibit

A., iii. Source: Water from the Antelope Ditch, as described in Paragraph 3.D.iii., above., iv. Appropriation Date: December 28, 2006.,

v. Amount: The rates of exchange, in cfs, are as follows:


0.32 0.22 0.13 0.26 0.30 0.31 0.30 0.30

OCTOBER 2018 RESUME


vi. Remarks: This exchange permits out-of-priority depletions equivalent to evaporation from Pond A-3. F. Pond B-1 Antelope Creek

Exchange: i. Original Decree: Decreed by the District Court in and for Water Division No. 5 in Case No. 06CW266 on October 2, 2012.,

ii. Decreed Location: The upstream terminus of the augmentation by exchange is the diversion point from Antelope Creek from where

Pond B-1 is fed from, as described in Paragraph 3.C.ii., above. The downstream terminus is the point of diversion for the Antelope

Ditch, described in Paragraph 3.D.iii., above. See Exhibit A., iii. Source: Water from the Antelope Ditch, as described in Paragraph

3.D.iii., above., iv. Appropriation Date: December 28, 2006., v.Amount: The rates of exchange, in cfs, are as follows:


0.32 0.22 0.13 0.26 0.30 0.31 0.30 0.30

vi. Remarks: This exchange permits augmentation of out-of-priority depletions equivalent to evaporation from Pond B-1 as well as

storage of historic depletion credits. 4. Claims to Make Water Rights Absolute and for Findings of Reasonable Diligence: By this

Application, Applicants seek to make portions of the conditional rights decreed in Case No. 06CW266 absolute for all decreed purposes.

Applicants constructed Pond A-2, Pond A-3, and Pond B-1 (collectively, the “Ponds”) in 2016 and 2017. By May 1, 2018, the Ponds

were filled to their full as-built capacities and have been used for recreation, fire protection, aesthetic, piscatorial, stock water, and

incidental wildlife uses. Diversion records from 2018 evidencing the Applicants’ claim to make the Ponds absolute are attached as

Exhibit B. The capacities and evaporation of the ponds, as constructed, are as follows:

Table 1.

Pond A-2 Pond A-3 Pond B-1

Total Capacity (Acre Feet) 1.4 0.7 7.3

Dead Storage (Acre Feet) 1.4 0.7 2.4

Live Storage (Acre Feet) n/a n/a 4.9

Maximum Surface Area (Acres) 0.45 0.30 1.05

Annual Evaporation (Acre Feet) 0.63 0.35 2.59

Applicants also seek to make the Pond A-2 Exchange, the Pond A-3 Exchange, and the Pond B-1 Antelope Creek Exchange

(collectively, the “Exchanges”) absolute at their corresponding decreed exchange rates, which are as follows, in cfs:

Table 2.


Pond A-2

Exchange

0.32 0.22 0.13 0.26 0.30 0.31 0.30 0.30

Pond A-3

Exchange

0.32 0.22 0.13 0.26 0.30 0.31 0.30 0.30

Pond B-1

Antelope

Creek

Exchange

0.32 0.22 0.13 0.26 0.30 0.31 0.30 0.30

To the extent that any of the above water storage rights or exchanges described in Paragraphs 2–3 are not made absolute, the Applicants

seek a finding of reasonable diligence for the remaining conditional amounts and uses. A table summarizing the Ponds as-built and the

Exchanges is attached as Exhibit C. In support for their claim for findings of reasonable diligence, Applicants conducted a number of

diligence activities, including: (1) constructing the Ponds and beginning operation of the exchanges; (2) spending in excess of $13,000

in engineering fees for the design of the Ponds and as-built review of the Ponds; (3) incurring approximately $76,255 in expenses to

construct the Ponds, which includes $51,550 for a general contractor, $14,050 in materials, $5,500 in trucking materials, $2,100 in seed,

$1,150 in machine rental, $800 in gravel, and $1,105 in surveying; and (4) utilizing the property for summer cattle grazing. Additionally,

because the Ponds were constructed with capacities smaller than their decreed capacities, Applicants have 1.64 acre-feet less annual

evaporation than is provided for in the decree. Applicants intend to maintain the 1.64 acre-feet in augmentation credits for future uses.

5. Ownership: Applicants. WHEREFORE, Applicants seek a decree of the Court ruling (A) that the Ponds described above are made

absolute in the amounts of 1.4 acre-feet for Pond A-2, 0.7 acre-feet for Pond A-3, and 7.3 acre-feet for Pond B-1; (B) to the extent the

Ponds are not made absolute, that Applicants are entitled to a finding of reasonable diligence for the remaining conditional amounts and

uses; (C) that the Exchanges are made absolute for their decreed exchange rates as put forth in Table 2 above; (D) to the extent the

Exchanges are not made fully absolute, that Applicants are entitled to a finding of reasonable diligence on the remaining conditional

portions of the exchanges; (E) 1.64 acre feet of unused augmentation credits are maintained for future uses; and (F) such other and

further relief as the Court deems just and proper. (8 pages + 3 exhibits)






OCTOBER 2018 RESUME







18CW3142 GARFIELD COUNTY; Application for Findings of Reasonable Diligence and/or to Make Water Right Absolute.

Name of Applicant: Mike Luark, please direct all correspondence to Applicant’s attorney: Mary Elizabeth Geiger, Garfield & Hecht,

P.C., 901 Grand Ave., Suite 201, Glenwood Springs, CO 81601, (970) 947-1936, [email protected]. Applicant requests

findings of reasonable diligence with regard to the following right: Trailer Pond. Prior Decrees: Case No. 04CW176, originally entered

by this Court on October 31, 2005, District Court in and for Water Division No. 5. Subsequent findings of reasonable diligence: Case

No. 11CW139, October 4, 2012, District Court in and for Water Division No. 5. Location: The Trailer Pond is location on the property

of the Applicant in the NW ¼ SW ¼ Section 9, Township 1 South, Range 85 West of the 6th P.M. approximately 930 feet from the West

section line and 1510 feet from the South section line. See Exhibit A attached to the Application. Source: Springs, seeps and runoff

tributary to Sunnyside Creek which is tributary to the Colorado River. Appropriation Date: November 1, 2001. Amount: 6 acre-feet,

1.67 acre-feet of which is absolute; 4.33 acre-feet remains conditional with right to refill and to continuously fill. Use: Piscatorial,

aesthetic, recreational, and stockwater uses. If off-channel reservoirs, name and capacity of ditch or ditches used to fill reservoirs, and

legal description of each point of diversion: springs, seeps and runoff tributary to Sunnyside Creek at the rate of 1 c.f.s. Dam length:

250 feet (actual 200 feet). Dam height: 10 feet-maximum. Total acre feet: 6 acre feet. Active storage: 6 acre feet. Dead storage: 0 acre

feet. Surface area: 0.50 acres (actual as built 0.75 acres). Name and address of owner of land upon which the pond is located: Applicant.

Applicant requests findings of reasonable diligence with regard to the following right: Sheep Corral Pond Enlargement. Prior decrees:

Case No. 03CW260, originally entered by this Court on February 2, 2005, District Court in and for Water Division No. 5. Subsequent

findings of reasonable diligence: Case No. 11CW22, November 16, 2012, District Court in and for Water Division No. 5. Location: The

Sheep Corral Pond is located on the property of the Applicant in the NW ¼ SW ¼ of Section 9, Township 1 South, Range 85 West of

the 6th P.M. approximately 1900 feet from the South section line and 450 feet from the West section line. More specifically,

approximately South 5 degrees East, 3430 feet from the NW corner of Section 9, Township 1 South, Range 85 West of the 6 th P.M. See

Exhibit B attached to the Application. Source: Springs, seeps and runoff tributary to Sunnyside Corral which is tributary to the Colorado

River. Appropriation Date: November 1, 2001. Amount: 20 acre-feet, 8.55 acre-feet of which is absolute; 11.45 acre-feet remains

conditional with right to refill and continuously fill. Use: Piscatorial, aesthetic, recreational, and stockwater uses. If off-channel

reservoirs, name and capacity of ditch and ditches used to fill reservoirs, and legal description of each point of diversion: Springs and

runoff tributary to Sunnyside Creek at the rate of 1 c.f.s. Dam length: 250 feet. Dam height: 10 feet-maximum. Total acre feet: 24 acre

feet. Active storage: 14 acre feet. Dead storage: 10 acre feet. Surface area: 3 acres (total for original and enlargement). Remarks: The

Sheep Corral Pond was originally adjudicated in Case No. 92CW218 for 1.7 acre feet, absolute. The current total capacity of the Sheep

Corral Pond is 10.25 acre-feet. Water rights that remain conditional as decreed to the Sheep Corral Pond Enlargement are 11.45 acre-

feet. Name and address of owner of land upon which the pond is located: Applicant. The Application includes a detailed description of

the work performed during the diligence period. (5 pages).











18CW3143 (10CW85), GRAND COUNTY, SPRING BRANCH CREEK, TRIB. TO CROOKED CREEK, TRIB. TO FRASER

RIVER. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO CONFIRM ABSOLUTE, IN PART. Applicant:

M&C Walker Enterprise, LLC and The 2013 Bradley Reger Revocable Trust. c/o Sara Dunn, Erika Gibson, Balcomb & Green, P.C.,

P.O. Drawer 790, Glenwood Springs, CO 81602, 970-945-6546. FIRST CLAIM FOR FINDING OF REASONABLE DILIGENCE.

Original decree entered on 8/7/06 in Case No. 99CW47, Water Div. 5. Decree Finding Reasonable Diligence entered on 10/2/12 in Case

No. 10CW85, Water Div. 5. Structure: High Mountain Lodge Well No. 1, a ground water right. Legal: SW1/4 NW1/4 of Sec. 23, T. 1

S., R. 76 W. of the 6th P.M., at a point whence the NW corner of said Sec. 23 bears N. 14 deg. 55 min. W. a distance of 1,975 ft., more

or less, in Grand Cty, CO, otherwise described as 3,400 ft. from the S. Sec. line, and 4,700 ft. from the E. Sec. line of said Sec. 23.

Source: Groundwater trib. to Spring Branch Creek, trib. to Crooked Creek, trib. to the Fraser River. Depth: approx. 100 ft. Approp.

Date: 3/24/98. Amount. 15 g.p.m. (0.033 c.f.s.), cond.. Uses: dom., comm., livestock watering, rec., and fire prot. Remarks: This well

mailto:[email protected]

OCTOBER 2018 RESUME


operates under State Engineer’s Well Permit No. 60753-F and pursuant to the Applicants’ plan for aug. decreed in Case No. 99CW47.

Structure: High Mountain Lodge Spring No. 1, surface water right. Legal: SE1/4 NE1/4 of Sec. 22, T. 1 S., R. 76 W. of the 6th P.M., at

a point whence the NE corner of said Sec. 22 bears N. 01 deg. 30 min. and E. a dist. of 1,445 ft. more or less, in Grand Cty, CO; being

3,800 ft. from the S. Sec. line and 100 ft. from the E. Sec. line of said Sec. 22. Source: spring trib. to Crooked Creek, trib. to the Fraser

River. Approp. Date: 3/24/98. Amount: 30 g.p.m., (0.067 c.f.s.), cond. Uses: dom., comm., livestock, rec., pisc., and fire prot., together

with the right to store water in the High Mountain Lodge Pond No. 1 for such purposes or for aug. purposes and to continuously flow

through said pond for rec., pisc., and aesthetic purposes. Structure: High Mountain Lodge Infiltration Gallery No. 1, a surface water

right. Legal: located on the S. bank of the Crooked Creek in the NW1/4 NW1/4 of Sec. 23, T. 1 S., R. 76 W. of the 6th P.M., at a point

whence the NW corner of said Sec. 23 bears N. 00 deg. 45 min. W., a distance of 585 ft. more or less, in Grand Cty, CO; being 4,700

ft. from the S. Sec. line and 5,100 ft. from the E. Sec. line of said Sec. 23. Source: Crooked Creek, trib. to Fraser River. Approp. Date:

3/24/98. Amount: 65 g.p.m., (0.15 c.f.s.), cond.. Uses: dom., comm., livestock, rec., pisc., and fire prot., together with the right to store

water in the High Mountain Lodge Pond No. 1 for such purposes or for aug. purposes and to continuously flow through said pond for

rec., pisc., and aesthetic purposes. Structure: High Mountain Lodge Pond No. 1, a storage water right. Legal: E1/2 NE1/4 of Sec. 22 and

W1/2 NW1/4 of Sec. 23, T. 1 S., R. 76 W. of the 6th P.M., Grand Cty, CO. The W. end of the dam will be at a point whence the NE

corner of said Sec. 22 bears N. 01 deg. 30 min. E., a distance of 875 ft., more or less; being 4,400 ft. from the S. Sec. line and 100 ft.

from the E. Sec. line of Sec. 22. The off-channel reservoir is filled by the High Mountain Lodge Spring No. 1 and High Mountain Lodge

Infiltration Gallery No. 1. Source: spring trib. to Crooked Creek, trib. to Fraser River (High Mountain Lodge Spring No. 1) and Crooked

Creek, trib. to Fraser River (High Mountain Lodge Infiltration Gallery No. 1). Amount: 30 a.f., cond., rate of diversion for filling the

reservoir is 0.212 c.f.s. Uses: dom., comm., livestock, rec., pisc., aesthetic, and fire prot., by direct use or by aug. or replacement.

Information regarding dam: surface area of high-water line: 3 acres. Max. height of dam: 10 ft. Length of dam: approx. 250 ft. Active

capacity: 8 a.f. Dead storage: 22 a.f. The pond is home to a family of ducks and Canada geese. As stated in paragraph 14 of the decree

in Case No. 99CW47, the Subject Water Rights are part of an integrated water supply for Applicants’ property. A list of diligence

activities is included in the application on file with the Water Court. SECOND CLAIM: CONFIRM WATER RIGHTS ABSOLUTE,

IN PART. Structure: High Mountain Lodge Well No. 1, claim to make absolute. Amount and Use: 11 g.p.m., absolute for dom., comm.,

livestock watering, recreation and fire prot.. Date water applied to beneficial use: 5/1/16. Amount and Use Remaining Conditional: 4

g.p.m. for all decreed uses. Structure: High Mountain Lodge Pond No. 1. Amount and Use: 11 a.f., absolute, for dom., comm., livestock

watering, rec., pisc., aesthetic, and fire prot., by direct use or by aug. or replacement. Date water applied to beneficial use: 5/1/16.

Amount and Use Remaining Conditional: 19 a.f., conditional, for all decreed uses. Structure: High Mountain Lodge Spring No. 1.

Amount: 5 g.p.m., absolute. Use: dom., comm., livestock watering, rec., pisc, and fire prot., together with the right to store water in the

High Mountain Lodge Pond No. 1 for such purposes or for aug. purposes and to continuously flow through said pond for rec., pisc., and

aesthetic purposes. Date Water Applied to Beneficial Use: On 5/1/16, Applicant diverted water from the Spring into the High Mountain

Pond No. 1 for the decreed uses, in priority, according to the Div. of Water Resource call records. Amount and Use Remaining

Conditional: 25 g.p.m., conditional, for all decreed uses. (9 pages, 1 exhibit).











18CW3144GRAND COUNTY – VASQUEZ CREEK, TRIBUTARY TO FRASER AND COLORADO RIVERS. Cornerstone

Winter Park Holdings, 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 TO MAKE ABSOLUTE IN PART AND FOR FINDINGS OF

REASONABLE DILIGENCE. First Claim: Cozens Ditch First Enlargement. Original Decree: December 31, 2002, Case No. 99CW314

Division 5 Water Court. Legal: SE ¼ NW ¼ of Section 33, Township 1 S., Range 75 W. of the 6 th P.M., at a point whence the NW

corner of said Section 33 bears North 57°33’17” W. a distance of approximately 2,408 feet. Source: Vasquez Creek, tributary to Fraser

and Colorado Rivers. Appropriation date: December 23, 1999. Amount: 3.1 c.f.s. conditional. Uses: Domestic, irrigation, commercial,

industrial, stock watering, and fire protection purposes, and storage in the Maryvale K-1a Reservoir, Maryvale K-1b Reservoir, Maryvale

K-2 Reservoir, Maryvale J-2 Reservoir, Maryvale J-3 Reservoir, Maryvale E-F Reservoir, MR-1 Reservoir, MR-2 Reservoir, MR-3

Reservoir, and MR-4 Reservoir (collectively the “Detention Ponds”) decreed in Case No. 99CW315, Division 5 Water Court. Claim for

absolute: Memo confirming in-priority diversions on file with the court as Exhibit C. Date applied to beneficial use: July 18, 2017

(irrigation) and August 9, 2016 (fire protection and storage in Detention Ponds). Amounts and uses: 1.76 c.f.s. for irrigation and 2.5

OCTOBER 2018 RESUME


c.f.s. for fire protection and storage in Detention Ponds. Second Claim: Cozens Ditch Extension. Original Decree: December 31, 2002,

Case No. 99CW314 Division 5 Water Court. Legal: NE ¼ SE ¼ of Section 29, Township 1 S., Range 75 W. of the 6 th P.M., at a point

whence the NE corner of said Section 39 bears North 0°6’27” E. a distance of approximately 2,883 feet. Source: Leland Creek, tributary

to Fraser and Colorado Rivers. Appropriation date: December 23, 1999. Amount: 1.5 c.f.s. conditional. Uses: Domestic, irrigation,

commercial, industrial, stock watering, and fire protection purposes, and storage in the Detention Ponds. Claim for absolute: Memo

confirming in-priority diversions on file with the court as Exhibit C. Date applied to beneficial use: April 14, 2015. Amount: 1.5 c.f.s.

Uses: Irrigation, fire protection, and storage in Detention Ponds. Water rights listed above are component parts of an integrated water

supply for Applicant’s property. Applicant owns the land where water rights are located and put to beneficial use; Town of Winter Park

owns the land where point of diversion for Cozens Ditch First Enlargement is located. Map of water right and place of use is on file

with the court as Exhibit A. A description of work done toward completion of appropriation of water rights is on file with the court as

Exhibit B.











18CW3145 GARFIELD COUNTY – UNDERGROUND WATER TRIBUTARY TO CATTLE CREEK, TRIBUTARY TO

ROARING FORK RIVER. George S. Whipple c/o Kevin L. Patrick, Esq. and John M. Sittler, Esq., Patrick, Miller & Noto, P.C., 229

Midland Ave., Basalt, CO 81621, (970) 920-1030. APPLICATION FOR FINDINGS OF REASONABLE DILIGENCE. Hunt Well No.

1. Permit No. 76192-F. Original Decree: June 12, 1990, Case No. 89CW199 Division 5 Water Court. Legal: NE ¼, NE ¼, SE ¼ of

Section 10, Township 7 South, Range 88 West of the 6th P.M., 120 feet West of the East Section line and 2,360 feet North of the South

Section line. Source: Underground water tributary to Roaring Fork River and Colorado River. Appropriation date: August 30, 1989.

Amounts and Uses: 0.033 c.f.s. conditional for domestic, livestock, and irrigation. Place of use: Hunt Ranch Exemption, Parcel 1.

Applicant owns the land upon which water right is located and will be put to beneficial use. Map of water right and place of use is on

file with the court as Exhibit A. A description of work done toward completion of appropriation of water rights is on file with the court

as Exhibit B.











18CW3146(12CW92 and 03CW78) DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO, Garfield County

Courthouse, 109 8th Street, Glenwood Springs, CO 81601. CONCERNING THE APPLICATION TO MAKE ABSOLUTE WATER

RIGHTS OR FOR FINDING OF REASONABLE DILIGENCE OF UPPER EAGLE REGIONAL WATER AUTHORITY, In the Eagle

River and its tributaries, IN EAGLE COUNTY, COLORADO. APPLICATION TO MAKE ABSOLUTE WATER RIGHTS AND

FOR FINDING OF REASONABLE DILIGENCE. 1. Name, address and telephone number of applicant: Upper Eagle Regional Water

Authority (“Authority”), c/o Manager, 846 Forest Road, Vail, Colorado 81657, Direct all pleadings to: Glenn E. Porzak, Kristin H.

Moseley, Porzak Browning & Bushong LLP, 2120 13th Street, Boulder, CO 80302. 2. Names of structures: Metcalf Headgate, Raw

Water Booster Pump, Edwards Drinking Water Facility, Nottingham and Puder Ditch, The Village (at Avon) Lake Nos. 1 and 2, Forty-

One (41) Individual Wells, Wolford Mountain Reservoir, and Ruedi Reservoir. 3. Description of conditional water right: Including

structure names, adjudication and appropriation dates, amount, sources, uses, and previous case: The conditional water right that is the

subject of this case is the conditional exchange decreed by the District Court in and for Water Division No. 5 (“Water Court”) on May

22, 2006, in Case No. 03CW78, with a November 4, 2002 priority date, to augment 10.8 acre-feet of out of priority depletions by

exchange at a rate of 0.55 cfs. The upstream termini of the exchange are the points of diversion described in paragraph 3(A) below, and

OCTOBER 2018 RESUME


the downstream termini are the points described in paragraph 3(B) below., A.The diversions that are augmented by exchange, and thus

the exchange-to points, are at the following points of diversion: (1)Metcalf Ditch Headgate: Decreed in Water Court Case No. 97CW306

on April 9, 2001, in the amount of 3.6 cfs, conditional, with an appropriation date of December 31, 1997, for domestic, municipal, quasi-

municipal, commercial, industrial, fire protection, irrigation, recreational, piscatorial, fish and wildlife uses, replacement of reservoir

evaporation and storage. The decreed point of division is located on the North bank of the Eagle River at a point from which the SE

Corner of the SW1/4 of Section 7 bears South 53 degrees 00'44"E. 1,446 feet, T. 5 S., R. 81 W., 6 th P.M., which can alternately be

described located on the North bank of the Eagle River in the SE1/4 SW1/4 of Section 7, T. 5 S., R. 81 W., 6th P.M. at a point 870 feet

from the south section line and 1,485 feet from the west section line. (2) Raw Water Booster Pump Headgate: Decreed in Water Court

Case No. 97CW306 on April 9, 2001, in the amount of 3.6 cfs, conditional, with an appropriation date of December 31, 1997, for

domestic, municipal, quasi-municipal, commercial, industrial, fire protection, irrigation, recreational, piscatorial, fish and wildlife uses,

replacement of reservoir evaporation and storage. The point of diversion is located on the Eagle River in the NW/4 NW/4 of Section

12, T. 5 S., R. 82 W., 6th P.M. at a point 1,165 feet from the north section line and 480 feet from the west section line, which is on the

North bank of the Eagle River at a point from which the SW corner of the NW1/4 of Section 12, T. 5 S., R. 82W., 6 th P.M. bears South

18 degrees 01'34" W. 1,551.13 feet. The source of water is the Eagle River, tributary to the Colorado River. (3) Edwards Drinking

Water Facility Diversion, First Enlargement: Decreed in Water Court Case No. 02CW403, in the amount of 0.40 cfs, conditional, with

an appropriation date of May 31, 2000, for domestic, municipal, irrigation, recreation, commercial, and all other beneficial uses. The

point of diversion is located at a point in the NW1/4 of the SW1/4 of Section 4, T. 5 S., R. 82 W. of the 6th P.M., Eagle County, on the

northerly bank of the Eagle River at a point whence the SW corner of said Section 4 bears S. 25 degrees 8'58" W. 1,539.12 feet. The

source of water is the Eagle River, tributary to the Colorado River. (4) Nottingham and Puder Ditch: Decreed by Eagle County District

Court in Case No. CA-385 on March 5, 1901, in the amount of 10.0 cfs, absolute, with an appropriation date of April 2, 1889, for

irrigation, as changed in Water Court Case No. 97CW306 to include domestic, municipal, quasi-municipal, commercial, industrial, fire

protection, irrigation, recreational, piscatorial, fish and wildlife uses, replacement of reservoir evaporation, storage, augmentation, and

exchange. The point of diversion is located on the North Bank of the Eagle River at a point which bears S. 12 degrees W. 250 feet from

the S 1/4 corner of Section 8, T. 5 S., R. 81 W. of the 6th PM. The source of water is the Eagle River, tributary to the Colorado River.

(5) The Village (at Avon) Lake No. 1: Decreed in Water Court Case No. 97CW306 on April 9, 2001, with an appropriation date of May

20, 1997, for domestic, municipal, quasi-municipal, commercial, industrial, fire protection, irrigation, recreational, piscatorial, fish and

wildlife uses, replacement of reservoir evaporation, storage, augmentation, and exchange. The amount, combined with The Village (at

Avon) Lake No. 2, is a total of 27 acre-feet, conditional, with the right to fill and refill. The Village (at Avon) Lake No. 1 is to be located

in the S1/2 SE1/4 NE 1/4 and the N1/2 NE 1/4 SE 1/4 of Section 12, T. 5 S., R. 82 W. of the 6th PM. The source of water is surface

drainage tributary to the Eagle River, and surface diversions from the Eagle River or its tributaries. (6) The Village (at Avon) Lake No.

2: Decreed in Water Court Case No. 97CW306 on April 9, 2001, with an appropriation date of May 20, 1997, for domestic, municipal,

quasi-municipal, commercial, industrial, fire protection, irrigation, recreational, piscatorial, fish and wildlife uses, replacement of

reservoir evaporation, storage, augmentation, and exchange. The amount, combined with The Village (at Avon) Lake No. 1, is a total

of 27 acre-feet, conditional, with the right to fill and refill. The Village (at Avon) Lake No. 2 is to be located in the NW1/4 SE1/4 of

Section 7, T. 5 S., R. 81 W of the 6th PM. The source of water is surface drainage tributary to the Eagle River, and surface diversions

from the Eagle River or its tributaries. (7) Forty-One (41) Individual Wells: These wells were identified as augmented structures in

Case No. 97CW306 to provide a potential potable water supply if water service from the Authority and the Town of Avon to areas in

high elevation is not feasible. The area in which these wells may be located is portions of Sections 7, 8, 9, and 10, T. 5 S., R. 81 W., B.

The sources of augmentation water are Wolford Mountain Reservoir and/or Ruedi Reservoir. The downstream terminus of the exchange

involving Wolford Mountain Reservoir, is the confluence of the Eagle River and the Colorado River, located at a point in the SW1/4

NW1/4 of Section 5, T. 5 S., R. 86 W. of the 6th P.M., 2,020 feet west of the east section line and 2,625 feet south of the north section

line of said Section 5. The downstream terminus of the exchange involving Ruedi Reservoir is the confluence of the Roaring Fork River

and the Colorado River, located at a point in the SE1/4 NW1/4 of Section 9, T. 6 S., R. 89 W. of the 6th P.M., 2,300 feet east of the west

section line and 2,150 feet south of the north section line of said Section 9. These sources of augmentation water are described as

follows: (1) Wolford Mountain Reservoir: Case No. 87CW283, Decree Date: November 20, 1989. Legal description of place of

storage: The dam is located in the SW1/4 of the NE1/4 of Section 25, T. 2 N., R. 81 W., 6th P.M. The intersection of the dam axis with

the right abutment will occur at a point which bears W. 54 degrees 54'20" E. a distance of 3,716.46 feet from the NW Corner of said

Section 25. Source: Muddy Creek and its tributaries. Amount: 59,993 acre feet conditional; of this amount, 32,986 acre feet were made

absolute for piscatorial and recreational uses by decree entered in Water Court Case No. 95CW251, and the full amount was made

absolute for all purposes by decree entered in Water Court Case No. 02CW107. Appropriation Date: December 14, 1987. Use: All

beneficial uses, including but not limited to domestic, municipal, agricultural and recreational uses, which uses satisfy the requirements

of the Windy Gap Settlement made with the Municipal Subdistrict of the Northern Colorado Water Conservancy District; use to meet

the water requirements of the inhabitants of the Colorado River Water Conservation District (“River District”) for all uses, including

uses in the Middle Park area; and use to meet the terms of a lease agreement executed March 3, 1987 between the River District and the

City and County of Denver. (2) Wolford Mountain Reservoir: Case No. 95CW281, Decree Date: August 26, 1997. Legal description

of place of storage: The dam is located in the SW1/4 of the NE1/4 of Section 25, T. 2 N., R. 81 W., 6th P.M. The as-built intersection

OCTOBER 2018 RESUME


of the dam axis (Sta. D19+35.61) with the West Access Road (Sta. WR50+55.05), as shown on the Colorado River Water Conservation

District, Wolford Mountain Project, Ritschard Dam construction drawing “Dimensional Dam Layout” sheet 8 of 94, occurs at a point

which bears S. 53 degrees 24'56" E. a distance of 3,395.51 feet from the NW Corner of said Section 25; the bearing of said dam axis

from Sta. 19+35.61 to Sta. 0+00 being S. 75 degrees 28' 29" E. Source: Muddy Creek and its tributaries. Amount: 6,000 acre feet

conditional. Appropriation Date: January 16, 1995. Use: All beneficial uses by and for the benefit of the inhabitants of the Colorado

River Water Conservation District, including but not limited to domestic, municipal, industrial, irrigation, agricultural, piscatorial and

recreational; such uses will include environmental mitigation, including environmental mitigation requirements associated with the

Wolford Mountain Project; such uses will be made directly or by substitution, augmentation, or exchange. None of the water stored in

the exercise of the right will be delivered directly or by exchange, substitution, or otherwise for use outside of Colorado Water Division

No. 5. (3) Wolford Mountain Reservoir: Case No. 98CW237, Decree Date: July 6, 2000. Legal Description of place of storage: Same

as for 95CW281. Source: Muddy Creek and its tributaries. Amount: 30,000 acre feet conditional with 15,895 acre feet being absolute

for recreational and piscatorial and flood control. Appropriation Date: November 17, 1998. Use: Certain of the beneficial uses

previously adjudicated for Wolford Mountain Reservoir in Water Court Case Nos. 87CW283 (November 20, 1989 Judgment and

Decree) and 95CW281 (August 26, 1997 Judgment and Decree). (4) Ruedi Reservoir: The River District holds Contracts No.

009D6C0111, 009D6C0118, and 039F6C0011 from the United States Bureau of Reclamation for 1,730 acre-feet of annual supply from

Ruedi Reservoir and may obtain additional contracts in the future. This water may be used in addition to and as substitution for Wolford

Mountain Reservoir water when the call is downstream of the confluence of the Roaring Fork and Colorado Rivers. Ruedi Reservoir

consists of the following water rights: (a) Case No. CA 4613: Legal Description of place of storage: Ruedi Reservoir is located in

Sections 7, 8, 9, 11 and 14 through 18, T. 8 S., R. 84 W., 6th P.M., in Eagle and Pitkin Counties. Source: Fryingpan River. Amount:

By order entered in Case No. W-789-76, the decreed amount of this reservoir was fixed at 102,369 acre-feet. Appropriation Date: July

29, 1957. Use: domestic, municipal, irrigation, industrial, generation of electrical energy, stock watering and piscatorial uses., (b) In

Case No. 88CW85, the full amount was made absolute. (c) In Case No. 81CW34, Ruedi Reservoir was decreed a refill right in the

amount of 101,280 acre-feet conditional. In Case No. 95CW95, 44,509 acre-feet was made absolute. In Water Court Case No.

01CW269, an additional 25,257 acre-feet was made absolute, for a total of 69,766 acre-feet absolute. 4. Claims to Make Water Rights

Absolute and for Findings of Reasonable Diligence: By this Application, the Authority seeks to make 0.11 cfs out of 0.55 cfs of the

conditional exchange described in paragraph 3 above absolute. In October of 2015, in excess of 7.06 acre feet of water was released

from Wolford Mountain Reservoir at a rate in excess of 0.11 cfs to augment diversions from certain of the structures described in

paragraph 3(A) above. There was a downstream call on the Colorado River during this entire month. The Authority seeks a finding of

reasonable diligence for any remaining portion of the conditional exchange not made absolute. The Authority and its members operate

an integrated water system, i.e., a single, unified municipal water system in which work done on any component of the system advances

the whole. The Authority and its members have incurred expenditures of over $67,000,000 during the diligence period to operate,

protect, maintain, upgrade, and expand its water facilities, and to obtain water rights to augment the subject conditional water rights.

With respect to the specific water rights included in this application, the Authority has spent a total of $1,065,355 during the diligence

period on the following activities: a. Metcalf Ditch Headgate: improved Eagle River diversion and intake structure and installed access

ports on Metcalf Ditch Pipeline for inspection and maintenance., b. Raw Water Booster Pump Headgate: constructed intake

improvements, including hydroscreen to reduce uptake of sediment, c. Edwards Drinking Water Facility Diversion: intake

improvements, including hydroscreen to reduce uptake of sediment., d. Traer Creek Expenses. Costs incurred related to the design and

construction of the Traer Creek water tank including engineering, testing and observation services during construction, and subsequent

legal, forensic engineering and replacement design costs following the failure of the tank. The Traer Creek water tank will enable

development of the area to be served by the 41 wells., e. In addition, the subject water right, either directly or as an alternate point of

diversion, has been the subject of numerous Water Court cases adjudicated by the Authority during the diligence period, including Case

Nos. 16CW3067, 17CW3168, 17CW3192 and 18CW3116. The Authority also has protected the subject water right by filing numerous

statements of opposition. The Authority has spent considerable time and money during the diligence period on legal and engineering

fees associated with all of the foregoing Water Court proceedings. All of the above activities are necessary prerequisites to applying

the subject conditional water right to the beneficial uses for which it was decreed. The Authority believes that it can and will complete

the appropriation of the subject water right within a reasonable time. 5. Ownership: The structure described in paragraph 3(A)(1) is

located on land owned by Eagle Bend-Duplex Homeowners Association Inc., 5010 Eagle Bend Drive, Avon, CO 81620. The structures

described in paragraphs 3(A) (2)-(3) are located on land owned by the Authority. The structure described in paragraph 3(A)(4) is located

on land owned by the Denver Rio Grande Western Railroad Company, c/o Union Pacific Corp., PO Box 2500, Broomfield, CO 80038-

2500. The structures identified in paragraphs 3(A)(5)-(6) are located on land owned by Traer Creek-RP LLC, 0101 Fawcett Road, Suite

210, Avon, CO 81620. The structures identified in paragraph 3(A)(7) were not decreed to specific locations, so the owners of the land

associated with those wells cannot be identified. A map showing the Authority’s existing service area and subject points of diversion,

and a map showing the subject exchange reaches, including Wolford Mountain Reservoir and Ruedi Reservoir, are attached as Exhibits

A and B. WHEREFORE, the Authority seeks to make 0.11 cfs of the conditional exchange absolute and a finding that it has exercised

reasonable diligence with respect to any remaining amounts not made absolute, and such other and further relief as this Court deems

just and proper. (8 pages + exhibits)

OCTOBER 2018 RESUME












18CW3147 GARFIELD COUNTY, COLORADO RIVER, City of Glenwood Springs, 101 West 8th Street, Glenwood Springs, CO

81601; c/o Karl J. Hanlon; Karp Neu Hanlon, P.C.; 201 14th Street, Suite 200, P.O. Drawer 2030, Glenwood Springs, CO 81602.

Application for Finding of Reasonable Diligence. Grizzly Creek Reservoir. Date of original decree: September 13, 1967, in Civil

Action No. 1416. Subsequent decrees: 84CW117; 92CW87; 98CW287; 05CW89; and 11CW155. Location: Section 12, Township 4

South, Range 89 West of the 6th P.M., and Section 7, Township 4 South, Range 88 West of the 6th P.M. The point of intersection of the

centerline of the proposed dam axis with the left abutment at high water line is located at a point whence the northeast corner of Section

12, Township 4 South, Range 89 West of the 6th P.M. bears North 00º25’ West at 1,435.5 feet. Source: Grizzly Creek, a tributary of the

Colorado River. Appropriation date: July 9, 1960. Amount: 3,879.8 acre-feet, conditional. Uses: Storage for municipal purposes. Place

of Use: Within Applicant’s potential municipal water service area. Name of owner of land on which structure is located: U.S. Forest

Service, White River National Forest. Diligence activities: The Application contains a detailed outline of what has been done by

Applicant during the diligence period toward or for completion of the appropriation and application of the conditional water rights to

beneficial use as decreed, including expenditures. Integrated Water System. Applicant requests that the water right/structure is a

component part of Applicant’s integrated municipal water supply system within the meaning of C.R.S. §37-92-301. (6 pages with

exhibits)











18CW3148 PITKIN COUNTY – WARREN CREEK AND THE ROARING FORK RIVER, TRIBUTARIES OF THE

COLORADO RIVER. Warren Creek Mountain, LLC c/o Kevin L. Patrick, Esq. and John M. Sittler, Esq., Patrick, Miller & Noto,

P.C., 229 Midland Ave., Basalt, CO 81621 (970) 920-1030. APPLICATION FOR AMENDMENT AND MODIFICATION OF PLAN

FOR AUGMENTATION. Structures: Stella Polare Well; First Enlargement of the Lewis Warren Creek Ditch No. 1; Stella Polare Pond

Nos. 1, 2 and 4; Appropriative Exchange. Description of Proposed Modification and Amendment: Case No. 07CW241: Applicant’s

predecessor confirmed the appropriation of certain water rights including an administrative exchange and obtained approval for a plan

for augmentation serving one primary residence, a caretaker unit and the replacement of evaporative losses from three ponds. During

the drought year of 2018, it became evident that the multiple uses for the Stella Polare Pond No. 1 were incompatible, as the structure

was decreed for geothermal heating and cooling, aesthetic uses and augmentation uses. As an augmentation structure, the pond would

be drawn down to levels incompatible with geothermal and aesthetic uses. Applicant seeks following limited amendments and

modifications: Applicant seeks to make the irrigation of 1,000 sq. ft. of lawn and garden irrigation elective and augment depletions for

this irrigation use only if irrigation is supplied from the well under its 1966 appropriation. Provided however, nothing in this application

is intended to alter or modify the terms and conditions from paragraphs 21-23 of Case No. 07CW241 Decree. Applicant clarifies by this

Application that it has constructed 20,000 gallons of underground storage and intends to construct an additional 20,000 gallons of

underground storage, all within two-hundred feet from the legal description of the place of storage for the Stella Polare Pond No. 1.

20,000 gallons of underground storage was determined and found to be a part of the Stella Polare Pond No. 1 water right and made

absolute in Case No. 16CW3156. A total of 0.11 acre foot remains conditional in nature. The additional 20,000 gallons of underground

storage (0.61 acre foot) comprises a portion of the remaining 0.11 acre foot found continued conditional in said Case No. 16CW31560.

Applicant intends to add the use of augmentation to the Stella Polare Pond Nos. 2 and 4 water rights, which are currently decreed for

aesthetic, piscatorial and fire protection. All storage shall be considered active storage in these ponds. Legal Descriptions: Stella Polare

OCTOBER 2018 RESUME


Pond 2: NW¼, SE¼ of Section 20, Township 10 South, Range 84 West of the 6th P.M., 1,342 feet from the South section line and 1,486

feet from the East section line. Stella Polare Pond 4: NW¼, SE¼ of Section 20, Township 10 South, Range 84 West of the 6 th P.M.,

1,379 feet from the South section line and 1,575 feet from the East section line. The addition of the new use of augmentation will not

increase the contemplated draft for these water rights which assume diversions will be made in priority, maintained in storage, and all

evaporation from the structures is fully augmented. All other terms and conditions of the Case No. 07CW241 Decree are reaffirmed and

not modified or changed by this Application.











18CW3149 EAGLE COUNTY – EAGLE RIVER, TRIBUTARY TO COLORADO RIVER. The Town of Gypsum c/o Kevin L.

Patrick, Esq. and Jason M. Groves, Esq., Patrick, Miller & Noto, P.C., 229 Midland Ave., Basalt, CO 81621, (970) 920-1030.

APPLICATION FOR FINDING OF REASONABLE DILIGENCE. Gypsum Eagle River Pumping Pipeline. Original Decree: April 13,

1993, Case No. 91CW256 Division 5 Water Court. Legal: NW ¼, NW ¼, Section 5, Township 5 South, Range 85 West of the 6 th P.M.

at a point whence the Northwest Corner of Section 5 bears North 37˚30’ West a distance of 1,730 feet. Source: Eagle River, tributary to

Colorado River. Appropriation date: August 23, 1991. Amount: 5.0 c.f.s. conditional. Uses: Municipal, domestic, irrigation, commercial,

industrial, fire protection, augmentation and exchange. Place of use: Within the Town’s service area including those by contract. The

land where water right is located is owned by Gypsum Trail Gulch, Ltd, 1595 N. Central Expy Richardson, TX 75080. Map of water

right and place of use is on file with the court as Exhibit A. A description of work done toward completion of appropriation of water

rights is on file with the court as Exhibit B. The water right is a component of the Town’s integrated water supply system.











18CW3150 EAGLE COUNTY, CACHE CREEK, MUDDY CREEK, ALKALI CREEK, EAGLE RIVER, COLORADO

RIVER. CJC Properties Limited Partnership, Constance Jouflas, General Partner, 1111 Horizon Drive, Unit 807, Grand Junction, CO

81506, (970) 243-1477. c/o Kirsten M. Kurath, Williams, Turner & Holmes, PC, Suite 115, Horizon Court, Grand Junction, CO 81506,

(970)-242-6262, [email protected]. Structures: Jouflas Pond Nos. 1 through 10 (“Jouflas Ponds”). Original Decree: October 2,

2012. Case No. 2011CW176, Water Court, Water Div. 5. Subsequent Decree: NA. App. Date for the Jouflas Ponds: August 8, 2011.

Uses for the Jouflas Ponds: Stockwatering, wildlife watering and piscatorial purposes. Sources for the Jouflas Ponds: Each of the Jouflas

Ponds is located on an unnamed tributary of Cache Creek, and one of its sources of supply is water flowing in that unnamed tributary.

In addition, small springs and natural runoff occurring above the pond, and runoff and return flows from the irrigation of lands above

the pond, will flow into and be sources for the pond. All of the sources for the ponds are tributary to Cache Creek, tributary to Muddy

Creek, tributary to Alkali Creek, tributary to the Eagle River, tributary to the Colorado River. Jouflas Pond No. 1: The pond is located

in the SE1/4 NE1/4 of Section 1, Township 4 South, Range 83 West of the 6th Principal Meridian. The center of the dam axis for the

pond is located at a point approx. 496 feet west of the east section line and 3027 feet south of the north section line of said Section 1.

See map attached to the Application as Exhibit A. Amount: 0.73 acre feet, conditional, together with the right to fill and refill the pond

when water is available in priority. Surface area of high water line: 0.15 acres. Height of Dam: The max height of the dam will be ten

feet. Length of Dam: approx.. 120 feet. Total Capacity: 0.73 acre feet. A portion of the total capacity of the pond will be an excavation

below grade behind the dam for the pond. Active Capacity: 0.696 acre feet. Dead Storage: 0.034 acre feet. Jouflas Pond No. 2: The pond

is located in the SW1/4 NE1/4 of Section 1, Township 4 South, Range 83 West of the 6th Principal Meridian. The center of the dam

axis for the pond is located at a point approx. 2109 feet west of the east section line and 1985 feet south of the north section line of said


OCTOBER 2018 RESUME


Section 1. See Exhibit A. Amount: 12.98 acre feet, conditional, together with the right to fill and refill the pond when water is available

in priority. Surface area of high water line: 1.33 acres. Height of Dam: The max height of the dam will be ten feet. Length of Dam:

approx. 600 feet. Total Capacity: 12.98 acre feet. A portion of the total capacity of the pond will be an excavation below grade behind

the dam for the pond. Active Capacity: 12.162 acre feet. Dead Storage: 0.818 acre feet. Jouflas Pond No. 3: The pond is located in the

SE1/4 NE1/4 of Section 1, Township 4 South, Range 83 West of the 6th Principal Meridian. The center of the dam axis for the pond is

located at a point approx. 1241 feet west of the east section line and 2477 feet south of the north section line of said Section 1. See

Exhibit A. Amount: 1.32 acre feet, conditional, together with the right to fill and refill the pond when water is available in priority.

Surface area of high water line: 0.18 acres. Height of Dam: The max height of the dam will be ten feet. Length of Dam: approx. 180

feet. Total Capacity: 1.32 acre feet. A portion of the total capacity of the pond will be an excavation below grade behind the dam for

the pond. Active Capacity: 1.271 acre feet. Dead Storage: 0.049 acre feet. Jouflas Pond No. 4: The pond is located in the SE1/4 NW1/4

of Section 1, Township 4 South, Range 83 West of the 6th Principal Meridian. The center of the dam axis for the pond is located at a

point approx.. 4755 feet west of the east section line and 2404 feet south of the north section line of said Section 1. See Exhibit A.

Amount: 1.35 acre feet, conditional, together with the right to fill and refill the pond when water is available in priority. Surface area of

high water line: 0.45 acres. Height of Dam: The max height of the dam will be ten feet. Length of Dam: approx. 375 feet. Total Capacity:

1.35 acre feet. A portion of the total capacity of the pond will be an excavation below grade behind the dam for the pond. Active

Capacity: 1.297 acre feet. Dead Storage: 0.053 acre feet. Jouflas Pond No. 5: The pond is located in the SW1/4 NE1/4 of Section 1,

Township 4 South, Range 83 West of the 6th Principal Meridian. The center of the dam axis for the pond is located at a point approx.

2190 feet west of the east section line and 2540 feet south of the north section line of said Section 1. See Exhibit A. Amount: 6.15 acre

feet, conditional, together with the right to fill and refill the pond when water is available in priority. Surface area of high water line:

0.74 acres. Height of Dam: The max height of the dam will be ten feet. Length of Dam: approx.515 feet. Total Capacity: 6.15 acre feet.

A portion of the total capacity of the pond will be an excavation below grade behind the dam for the pond. Active Capacity: 5.959 acre

feet. Dead Storage: 0.191 acre feet. Jouflas Pond No.6: The pond is located in the NW1/4 SE1/4 of Section 1, Township 4 South, Range

83 West of the 6th Principal Meridian. The center of the dam axis for the pond is located at a point approx. 2065 feet west of the east

section line and 3526 feet south of the north section line of said Section 1. See Exhibit A. Amount: 2.25 acre feet, conditional, together

with the right to fill and refill the pond when water is available in priority. Surface area of high water line: 0.53 acres. Height of Dam:

The max height of the dam will be ten feet. Length of Dam: approx. 370 feet. Total Capacity: 2.25 acre feet. A portion of the total

capacity of the pond will be an excavation below grade behind the dam for the pond. Active Capacity: 2.156 acre feet. Dead Storage:

0.094 acre feet. Jouflas Pond No. 7: The pond is located in the SE1/4 NE1/4 of Section 2, Township 4 South, Range 83 West of the 6th

Principal Meridian. The center of the dam axis for the pond is located at a point approx. 719 feet west of the east section line and 2026

feet south of the north section line of said Section 2. See Exhibit A. Amount: 6.22 acre feet, conditional, together with the right to fill

and refill the pond when water is available in priority. Surface area of high water line: 1.1 acres. Height of Dam: The max height of the

dam will be ten feet. Length of Dam: approx. 515 feet. Total Capacity: 6.22 acre feet. A portion of the total capacity of the pond will

be an excavation below grade behind the dam for the pond. Active Capacity: 5.971 acre feet. Dead Storage: 0.249 acre feet. Jouflas

Pond No. 8: The pond is located in the SW1/4 NE1/4 of Section 2, Township 4 South, Range 83 West of the 6th Principal Meridian.

The center of the dam axis for the pond is located at a point approx. 1684 feet west of the east section line and 2678 feet south of the

north section line of said Section 2. See Exhibit A. Amount: 2.19 acre feet, conditional, together with the right to fill and refill the pond

when water is available in priority. Surface area of high water line: 0.45 acres. Height of Dam: The max height of the dam will be ten

feet. Length of Dam: approx. 255 feet. Total Capacity: 2.19 acre feet. A portion of the total capacity of the pond will be an excavation

below grade behind the dam for the pond. Active Capacity: 2.087 acre feet. Dead Storage: 0.103 acre feet. Jouflas Pond No. 9: The pond

is located in the SW1/4 NW1/4 of Section 1, Township 4 South, Range 83 West of the 6th Principal Meridian. The center of the dam

axis for the pond is located at a point approx. 5616 feet west of the east section line and 2264 feet south of the north section line of said

Section 1. See Exhibit A. Amount: 3.88 acre feet, conditional, together with the right to fill and refill the pond when water is available

in priority. Surface area of high water line: 0.59 acres. Height of Dam: The max height of the dam will be ten feet. Length of Dam:

approx. 405 feet. Total Capacity: 3.88 acre feet. A portion of the total capacity of the pond will be an excavation below grade behind

the dam for the pond. Active Capacity: 3.663 acre feet. Dead Storage: 0.217 acre feet. Jouflas Pond No. 10: The pond is located in the

NW1/4 SW1/4 of Section 1, Township 4 South, Range 83 West of the 6th Principal Meridian. The center of the dam axis for the pond

is located at a point approx. 5328 feet west of the east section line and 3388 feet south of the north section line of said Section 1. See

Exhibit A. Amount: 2.49 acre feet, conditional, together with the right to fill and refill the pond when water is available in priority.

Surface area of high water line: 0.24 acres. Height of Dam: The max height of the dam will be ten feet. Length of Dam: approx. 290

feet. Total Capacity: 2.49 acre feet. A portion of the total capacity of the pond will be an excavation below grade behind the dam for

the pond. Active Capacity: 2.331 acre feet. Dead Storage: 0.159 acre feet. Claim to make absolute in whole or in part: Date water

applied to beneficial use: The initial fill date for Jouflas Pond Nos. 1, 6, 7, and 8 was May 1, 2012; and the initial fill date for Jouflas

Pond Nos. 2, 3, 5 and 10 was May 1, 2013. Amounts: Jouflas Pond No. 1: 0.73 acre feet; Jouflas Pond No. 2: 12.98 acre feet; Jouflas

Pond No. 3: 1.32 acre feet; Jouflas Pond No. 5: 6.15 acre feet; Jouflas Pond No. 6: 2.25 acre feet; Jouflas Pond No. 7: 6.22 acre feet;

Jouflas Pond No. 8: 2.19 acre feet and Jouflas Pond No. 10: 2.49 acre feet. In water years other than WY2018, these reservoirs have

filled and re-filled. Uses: All decreed uses for each pond pursuant to C.R.S. § 37-92-301(4)(e). Supporting evidence that Applicant

OCTOBER 2018 RESUME


stored water in-priority and applied such water to the beneficial uses claimed in the amounts claimed: The Administrative Calls – Water

Source Call Analysis available on the Colorado Decision Support Systems website shows the Jouflas Ponds water rights were in

priority on the listed fill dates of May 1, 2012 and May 1, 2013. See Exhibit C attached to the Application. Applicant has never been

notified that the reservoirs were curtailed due to a call after the initial fill. C.R.S. § 37-92-301(4)(e) states that “A decreed conditional

water storage right shall be made absolute for all decreed purposes to the extent of the volume of the appropriation that has been captured,

possessed, and controlled at the decreed storage structure.” Therefore, since the Jouflas Ponds Nos. 1, 2, 3, 5, 6, 7, 8, and 10 have filled

to their full decreed amount while in priority, the conditional water rights for the Jouflas Ponds should be made absolute in the amounts

described above for all decreed uses, together with the right to re-fill. Place of use where water is applied to beneficial use: The decreed

uses for each of the Jouflas Ponds are stockwatering, wildlife watering and piscatorial, all of which uses occur at the sites of the Jouflas

Ponds. Request for Finding of Diligence: The Jouflas Ponds are components of a decreed integrated water system. For purposes of

findings regarding reasonable diligence, work on one feature of the system shall be considered in finding that diligence has been shown

in the development of the water rights for all features of the entire system, pursuant to C.R.S. 37-92-301(4)(b). The Application contains

a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial

use during this diligence period, including expenditures. Applicant requests that the Court adjudge and decree that the Jouflas Pond Nos.

1, 2, 3, 5, 6, 7, 8, and 10 conditional water rights be made absolute in the amounts set forth above, together with the right to fill and refill

or, in the alternative, if the Court does not adjudge and decree that these conditional water rights should be made absolute in the amounts

set forth above that the same be decreed absolute for such amounts as the Court finds have been put to beneficial use and that any

remaining conditional portion of the Jouflas Pond Nos. 1, 2, 3, 5, 6, 7, 8, and 10 conditional water rights be continued in full force and

effect, that Applicant has been reasonably diligent in the development of the Jouflas Ponds Nos. 4 and 9 conditional water rights and

that the Jouflas Ponds Nos. 4 and 9 conditional water rights be continued in full force and effect. Names and Addresses of Land Owners:

Applicant. (23 pages).











18CW3151 EAGLE COUNTY – GYPSUM CREEK, TRIBUTARY TO EAGLE AND COLORADO RIVERS. The Town of

Gypsum c/o Kevin L. Patrick, Esq. and Jason M. Groves, Esq., Patrick, Miller & Noto, P.C., 229 Midland Ave., Basalt, CO 81621,

(970) 920-1030. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. Norgaard Ditch, Town Enlargement. Original

Decree: April 13, 1993, Case No. 91CW255 Division 5 Water Court. Legal: NW ¼, NW ¼, Section 8, Township 5 South, Range 85

West of the 6th P.M. on the East bank of Gypsum Creek at a point whence the Northwest corner of Section 8, Township 5 South, Range

85 West of the 6th P.M. bears North 79˚30’ West a distance of 1,510 feet. Source: Gypsum Creek, tributary t to Eagle and Colorado

Rivers. Appropriation date: August 23, 1991. Amount: 3.0 c.f.s. conditional. Uses: Municipal, domestic, irrigation, commercial,

industrial, fire protection. Place of use: Within the Town’s service area including by contract. The land where water right is located is

owned by Ruth Dukart, PO Box 272, Gypsum, CO 81637. Map of water right and place of use is on file with the court as Exhibit A. A

description of work done toward completion of appropriation of water rights is on file with the court as Exhibit B. The water right is a

component of the Town’s integrated water supply system.











18CW3152 EAGLE COUNTY – UNNAMED TRIBUTARY OF THE EAGLE RIVER & GYPSUM CREEK, TRIBUTARY TO

EAGLE RIVER. The Town of Gypsum c/o Kevin L. Patrick, Esq. and Jason M. Groves, Esq., Patrick, Miller & Noto, P.C., 229

OCTOBER 2018 RESUME


Midland Ave., Basalt, CO 81621, (970) 920-1030. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND CLAIM

TO MAKE ABSOLUTE IN PART. First Claim: Red Table Acres Spring Collection System. Original Decree: February 22, 1999, Case

No. 96CW366, Division 5 Water Court. Legal: a point whence the Northwest corner of Section 5, Township 5 South, Range 85 West

of the 6th P.M. bears North 59˚10’02” West a distance of 5,076.43 feet, in the SE ¼, NE ¼ of said Section 5. Source: Unnamed tributary

of the Eagle River, tributary to the Colorado River. Appropriation date: June 21, 1995. Amount: 2.0 c.f.s. conditional. Uses: All

municipal uses included, but not limited to, domestic, commercial, industrial, irrigation, fire protection and street washing. Place of use:

Within the Town’s physical service area including those by contract. The land where structure is located is owned by Gypsum Capital

Partners LLC, PO Box 5259 Eagle, CO 81631. Second Claim: Little G Intake. Original Decree: February 22, 1999, Case No. 96CW366,

Division 5 Water Court. Legal: NE ¼ of the SE ¼ of Section 5, Township 6 South, Range 85 West of the 6th P.M., whence the SE Corner

of Section 5 bears 10°45’ East a distance of 1,820 feet. Source: Gypsum Creek, tributary to the Eagle River and Colorado River.

Appropriation date: December 31,1991. Amount: 2.5 c.f.s. conditional. Uses: All municipal uses included, but not limited to, domestic,

commercial, industrial, irrigation, fire protection and street washing. Place of use: Within the Town’s physical service area including

those by contract. Claim for absolute in part: Date of beneficial use: September 15, 2018. Amount: 0.344 c.f.s. Uses: All uses described

above. Evidence for absolute claim on file with the court as Exhibit D. The land where water right is located is owned by Marguerite G.

Colliton Family Partnership, LLLP, 1895 Cantwell Grove, Colorado Springs, Co 80906. Water rights involved are component parts of

Applicant’s integrated water supply plan. Map of water rights is on file with the court as Exhibit A. Map of place of use is on file with

the court as Exhibit B. A description of work done toward completion of appropriation of conditional water rights is on file with the

court as Exhibit C.











18CW3153 Eagle County, Eagle and Colorado Rivers. Application for Absolute Water Right. PorQue No, LLC, c/o Jeff Houpt,

Beattie, Houpt & Jarvis, 932 Cooper Ave, Glenwood Springs, 970-945-8659. Structure: Brown’s Spring. Location: In SW¼SE¼ of Sec

7, T 5 S, R 82 W 6th P.M., Eagle County, Colo, at a point 193 ft N of S Sec Line and 2,526 ft W of E Sec Line of said Sec 7. Easting:

361198.6, Northing: 4387342.8, NAD 83, Zone 13. Source: Natural spring trib to West Lake Creek, trib to Lake Creek, trib to the Eagle

River, trib to the Colo River. Approp. date: 10/25/12. Applied to beneficial use: 10/25/12. Amount: 3 gpm, absolute, for irrigation and

wildlife watering. Brown’s Spring irrigates 0.87 acres within Applicant’s property located at 198 Meadow Road, Edwards, Colo 81632.

Structure is composed of multiple springs located within approx 50 ft of the point described above. Owner of land: Applicant. (4 pages)











18CW3154 EAGLE COUNTY – EAGLE RIVER; GROUNDWATER TRIBUTARY TO EAGLE RIVER OR GYPSUM

CREEK. The Town of Gypsum, c/o Kevin L. Patrick, Esq. and Jason M. Groves, Esq., Patrick, Miller & Noto, P.C., 229 Midland

Ave., Basalt, CO 81621, (970) 920-1030; and American Gypsum Company LLC, c/o Steven J. Bushong, Esq., Porzak Browning &

Bushong LLP, 2120 13th Street Boulder, CO 80302, (303) 443-6800. APPLICATION FOR FINDING OF REASONABLE

DILIGENCE. Wolcott Pumping Pipeline. Original Decree: July 9, 1979, CA 1529, Eagle County District Court. Subsequent Decrees:

November 13, 1995, Case No. 93CW326; May 1, 2005, Case No. 02CW391; Legal: Original: Whence the West ¼ corner of Section 14,

Township 4 South, Range 83 West of the 6th P.M. bears North 20°28’ West a distance of 825 feet. Alternate Points of Diversion decreed

in 93CW326 and 02CW391 (American Gypsum Company): Eagle Gypsum Well Nos 1-3, American Gypsum Well F, American

Gypsum Well Field, and Eagle River Intake Nos. 1 and 2. Alternate Points of Diversion (Town): Gypsum Eagle River Pumping Pipeline

OCTOBER 2018 RESUME


and Norgaard Ditch Town Enlargement. Legal descriptions for alternate points of diversion are included in the Application. Source:

Eagle River. Alternate points’ source is either groundwater tributary to the Eagle River, Eagle River, or Gypsum Creek. Appropriation

date: April 27, 1966. Amount: 1 cfs conditional. Uses: Municipal, domestic, stock watering, electric power generation, recreational and

other beneficial uses. Industrial and irrigation uses made absolute in Case No. 11CW81, Water Division 5. Place of use: Within the

Town’s physical service area. The land where water rights are located is owned by: Bureau of Land Management, 2300 River Frontage

Road, Silt, CO 81652 (Wolcott Pumping Pipeline); Applicant, American Gypsum Company LLC (Eagle Gypsum Well Nos. 1, 2, and

3; American Gypsum Well F; American Gypsum Well Field; Eagle River Intake Nos. 1 and 2); Gypsum Trail Gulch, Ltd, 1595 N.

Central Expy, Richardson, TX 75080 (Gypsum Eagle River Pumping Pipeline); Ruth Dukart, PO Box 272, Gypsum, CO 81637

(Norgaard Ditch, Town Enlargement). Maps of water rights are on file with the court as Exhibits A1 and A2. Map of place of use is on

file with the court as Exhibit B. A description of work done toward completion of appropriation of water rights is on file with the court

as Exhibit C. Note: Other portions of subject water rights owned by the Town and the Colorado River Water Conservation District are

included in a separate pending diligence case.











18CW3155 PITKIN COUNTY, STORAGE RIGHT TRIBUTARY TO THE ROARING FORK RIVER. Second Amended

Application for Findings of Reasonable Diligence. Aspen Skiing Company, LLC, c/o Arthur B. Ferguson, Jr., Meghan N. Winokur,

Esq., Holland & Hart LLP, 600 E. Main St., Suite 104, Aspen CO 81611-1991, [email protected];

[email protected]. Name of structure: Loushin Reservoir No. 1, First Enlargement (“subject water right”). Previous decrees:

Original decree: Case No. 89CW311, Water Division 5, decree entered on May 7, 1990. Subsequent decrees awarding findings of

diligence: 11CW182, Water Division 5, decree entered October 2, 2012; 05CW29, Water Division 5, decree entered December 20,

2005; 96CW97, Water Division 5, decree entered February 10, 1999. Location: The legal description of the location of the point of

diversion is as follows: The reservoir is located in the SW¼SE¼ of Section 30, Township 10 South, Range 84 West, 6th P.M., Pitkin

County, Colorado. The spillway of the dam is located at a point whence Corner No. 4 of Iron Silver Placer, U.S.M.S. No. 5963, bears

S. 15°19’ W. a distance of 1269 feet. A supplemental legal description based on UTM derived from the Colorado Division of Water

Resources Aqua Map system was previously provided as X Zone 13 343677, Y Zone 13 4334552, Long. 106°48’32.2” Lat. 39°8’46.0”.

Based on a 2015 survey, the UTM coordinates for the decreed point of diversion are more accurately described as Zone 13 NAD83

Easting 343692.9, Northing 4334577.4. A USGS map showing the location of the subject water right is attached to the Application as

Figure 1. Source: unnamed springs tributary to the Roaring Fork River, tributary to the Colorado River. Appropriation date: September

29, 1988. Amount: 7.4 acre-feet, conditional. Uses: municipal, domestic, recreation, irrigation of 5 acres, commercial, snowmaking,

livestock watering, fish and wildlife propagation, and fire protection uses. 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. 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 7 of the final Decree in Case No. 11CW182. 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. Valley View

Ajax, LLC, P.O. Box 8616 & P.O. Box 3123, Aspen, CO 81612. (6 pages)











OCTOBER 2018 RESUME




18CW3156 PITKIN COUNTY, SPRING TRIBUTARY TO THE ROARING FORK RIVER. Application for Findings of

Reasonable Diligence. Aspen Skiing Company, LLC, c/o Arthur B. Ferguson, Jr., Meghan N. Winokur, Esq., Holland & Hart LLP, 600

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

Silver Spring No. 1 (“subject water right”). Previous decrees: Original decree: Case No. 89CW309, Water Division 5, decree entered

on March 20, 1990. Subsequent decrees awarding findings of diligence: 11CW181, Water Division 5, decree entered October 2, 2012;

05CW30, Water Division 5, decree entered December 20, 2005; 96CW96, Water Division 5, decree entered February 10, 1999.

Location: The legal description for the point of diversion is at a point whence Corner No. 4 of the Iron Silver Placer, U.S.M.S. No.

5963, bears S. 06°30’ W, a distance of 1046 feet in the SW1/4 SE 1/4 of Section 30, Township 10 South, Range 84 West of the 6th P.M.

in Pitkin County, Colorado. A supplemental legal description based on UTM derived from the Colorado Division of Water Resources

Aqua Map system was previously provided as X Zone 13 343624, Y Zone 13 4334533, Long. 106 °48’36.0” Lat. 39°8’47.7”. Based

on a 2015 survey, the UTM coordinates for the decreed point of diversion are more accurately described as Zone 13 NAD83 Easting

343626.4, Northing 4334519.91. A USGS map showing the location of the subject water right is attached to the Application as Figure

1. Source: unnamed spring, tributary to the Roaring Fork River, tributary to the Colorado River. Appropriation date: September 29,

1988. Amount: 0.20 c.f.s., conditional. Uses: municipal, domestic, recreation, irrigation, commercial, snowmaking, livestock watering,

fish and wildlife propagation, and fire protection uses. Pursuant to paragraph 15 of the final Decree in Case No. 11CW181, the subject

water right’s use for municipal purposes is limited to such circumstances under which the right is annexed into or associated with a

municipality. 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. 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 7 of the final Decree in Case No.

11CW181. 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. Valley View Ajax, LLC, P.O. Box 8616 & P.O. Box 3123, Aspen, CO

81612. (6 pages)











18CW3157 EAGLE COUNTY, Application for Finding of Reasonable Diligence and to Make Absolute in Whole and in Part. 1.

Name, address, telephone number of applicant. Vail Associates, Inc. (“Applicant”), c/o Annie Kao, 390 Interlocken Crescent, Suite 100,

Broomfield, CO 80021, (303) 404-1978, [email protected]. Copies of all pleadings to Paul F. Holleman, John D. Buchanan,

Buchanan Sperling & Holleman PC, 1525 Spruce Street, Suite 200, Boulder, CO 80302. Description of Water Rights from Previous

Decree: 2. Name of Structure. Jouflas Spring No. 25. A. Original Decree. By the District Court in and for Water Division No. 5, Case

No. 91CW155, entered on February 10, 1992. B. Legal Description of Point of Diversion. The decree in Case No. 91CW155 incorrectly

described the point of diversion for Jouflas Spring No. 25 at the following location: 2800 feet from the South Section Line and 3900

from the East Section Line in the NE 1/4 of the NW 1/4 of Section 21, Township 4 South, Range 83 West, in the Sixth P.M. This legal

description was corrected in Case No. 98CW30 to be: 2800 feet from the South Section Line and 3900 from the East Section Line in

the SE 1/4 of the NW 1/4 of Section 21, Township 4 South, Range 83 West, in the Sixth P.M. C. Source. The source of Jouflas Spring

No. 25 is a spring tributary to the Eagle River, tributary to the Colorado River. D. Amount. In Case No. 91CW155, Jouflas Spring

No. 25 was decreed absolute in the amount of 0.033 cfs for stockwatering use and conditional in the amount of 0.50 cfs for domestic,

fire protection, commercial, recreation, piscatorial, storage, wildlife, and irrigation uses. In Case No. 98CW28, 0.033 cfs of the 0.5 cfs

decreed as conditional for wildlife uses was made absolute. The remaining conditional amounts are 0.5 cfs for domestic, fire protection,

commercial, recreation, piscatorial, storage, and irrigation uses, and 0.467 cfs for wildlife uses. E. Appropriation Date. August 15, 1991.

F. Uses. Domestic, fire protection, commercial, recreation, piscatorial, storage, wildlife, irrigation and stockwatering. G. Remarks. A

map showing the location of the Jouflas Spring No. 25 and the location of use at the Norman Golf Course is attached as Exhibit A. 3.

Detailed outline of work performed to complete application of water to beneficial use. The subject water right is part of an integrated



OCTOBER 2018 RESUME


water supply system used by Applicant to provide water service to 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. The

subject water right has been and will be used to meet the water demands at Red Sky Ranch within the development area. Applicant has

engaged in numerous activities during the relevant diligence period that demonstrate diligence toward the application of the water right

to the decreed beneficial uses, and has incurred significant expense in investigations and capital improvements related to its water supply

facilities in order to provide a dependable legal and physical supply of water for the Red Sky Ranch development. All such expenditures

are necessary steps in the development of Applicant’s Red Sky Ranch integrated system and the subject water right in particular.

Applicant’s efforts toward development of the subject conditional water right include, but are not limited to, the following: a. During

the subject diligence period, Applicant has incurred significant expense in the further planning, development, and construction of

residential and golf course improvements at Red Sky Ranch. The subject water right continues to serve the Red Sky Ranch property; b.

The subject water right is part of an integrated water supply system for the Red Sky Ranch development. Since the last diligence

application was filed in 2011, the Red Sky Ranch residential development and golf courses have continued to expand. Homes continue

to be built in the Red Sky Ranch development, and Applicant continues to make improvements to the irrigation and drainage systems at

the two golf courses; c. Applicant has operated the augmentation plans for the Red Sky Ranch development decreed in Case Nos.

97CW298, 99CW168, and 03CW42; d. Applicant has adjudicated several other applications for water rights in Water Division No. 5

for the Red Sky Ranch development that are part of the integrated water project for the development, including decrees in Case Nos.

09CW169, 12CW151, 15CW3109, and 17CW3036; e. Applicant adjudicated and obtained a final decree entered in Case No.

17CW3036 for an absolute water right for Substation Pond, for which the subject water right is a decreed source of supply; f. Applicant

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; g. Applicant continues to rely upon the subject water right and has

no intention to abandon same. Applicant has a continuing need for the Jouflas Spring No. 25 water right as development of Red Sky

Ranch continues. h. Applicant has installed a collection drain and pipeline to divert from the subject spring for storage in the Substation

Pond. The pipeline was installed prior to 2003. Applicant reserves the right to measure the diverted amount and claim said amount as

absolute for decreed uses while this application is pending. The approximate location of the collection drain is shown on the map

attached as Exhibit B. 4. Name(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage

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

any modification to the existing storage pool. Jouflas Spring No. 25 is located in part on land owned by Vail Properties, LLC, 3834

Piping Rock Lane, Houston, Texas 77027-4034, and in part on land owned by Applicant. The collection drain and pipeline diversion

structure mentioned in paragraph 3.h. above is located on land owned by Applicant. WHEREFORE, Applicant requests that the Court

issue a final decree (i) finding that the Applicant has been reasonably diligent with respect to the remaining conditional portions of the

subject water right; (ii) continuing the conditional portions of the subject water right; (iii) finding that the subject water right has been

made absolute in whole or in part as described in paragraph 4 herein; and (iv) granting such other and further relief as may be appropriate.











18CW3158 (11CW103) MESA COUNTY Applicant: CITY OF GRAND JUNCTION, c/o Jamie B. Beard, 250 N. 5th Street, Grand

Junction, CO 81501. Application for Finding of Reasonable Diligence: GRAND JUNCTION REDLANDS TAILRACE PUMP

STATION - Location of the point of Diversion: NE ¼ SE ¼ of Section 16, T. 1 S., R. 1 W., Ute Meridian, at a point South 471.51 feet,

thence S 81° 14’ 38” E 1,539.59 feet from the Center of said Section 16. The UTM coordinates are Easting 708262.7 Northing

4327015.9 in Zone 12. Location of Alternate Diversion: At one or more points along the Redlands Power Canal including but not limited

to the Duke Lake Inlet structure which is located in the NE ¼ NE ¼ of Section 17, T. 1 S., R. 1 W., Ute Meridian, at a point which bears

S 54º 44’ W 167.00 feet from the NE corner of said Section 17. The UTM coordinates are Easting 706874.6 and Northing 4328058.9

in Zone 12. Date of Original Decree: 10/14/1979; Case No. W-3863. Source: Tailrace of the Redlands Power Plant. The water

originates in the Gunnison River and is tributary to the Colorado River through the Redlands Water and Power Company Canal.

Appropriation Date: 06/01/1977. Amount Claimed: 50.0 c.f.s. of which 32.0 c.f.s. remains conditional, the other 18.0 c.f.s. having

been made absolute by prior judgment and decree. Use: irrigation, industrial, replacement, and all municipal uses, including but not

limited to aesthetic, piscatorial, and recreational uses.

OCTOBER 2018 RESUME












18CW3159 PITKIN COUNTY – ROARING FORK RIVER ALLUVIUM Mountain Queen, Inc. c/o Paul L. Noto, Esq. and Danielle

L. Van Arsdale, Esq., Patrick, Miller & Noto, P.C., 197 Prospector Road, Suite 2104A, Aspen, CO 81611 (970) 920-1030.

APPLICATION TO MAKE ABSOLUTE IN PART AND FOR FINDING OF REASONABLE DILIGENCE. Lewis Well No. 1, Permit

No. 66036-F. Original Decree: April 5, 2005, Case No. 03CW213, Division 5 Water Court. Legal: NW ¼, NE ¼ of Section 29, Township

10 S., Range 84 W. of the 6th P.M., at a point approximately 1,180 feet from the north section line and 1,452 feet from the west section

line. Source: Roaring Fork River alluvium. Appropriation date: March 20, 2003. Amount: 0.076 c.f.s. (34.0 g.p.m.) conditional. Uses:

Irrigation and to fill the Mountain Queen Reservoir System for subsequent aesthetic, recreational, piscatorial, irrigation, and

augmentation purposes. Irrigation will occur on Applicant’s property. Well depth: Approximately 50 feet. Claim for absolute: Date of

beneficial use: May 17, 2018 for irrigation use and May 18, 2018 for pond filling. Amount: 0.011 c.f.s. (5.0 g.p.m.) for ir rigation use

and pond filling. Uses: All uses described above. Applicant owns the land where water right is located and put to beneficial use. Map

of water right is on file with the court as Figure 1. Map of place of use is on file with the court as Figure 2. A description of work done

toward completion of appropriation of water rights is included in the Application.











18CW3160 EAGLE COUNTY COLORADO, APPLICATION FOR FINDING OF REASONABLE DILIGENCE (WOLCOTT

PROJECT). I. Name, address, telephone number of Applicants: Colorado River Water Conservation District (“River District”), c/o

Secretary/General Manager, 201 Centennial Street, Suite 200, P.O. Box 1120, Glenwood Springs, Colorado 81602, (970) 945-8522.

Please direct all pleadings and correspondence in this case to: Peter C. Fleming, General Counsel and Jason V. Turner, Senior Counsel.

Town of Gypsum (“Town”), c/o Jeremy Reitmann, Town Manager, P.O. Box 130, Gypsum, Colorado 81637. Please direct all pleadings

and correspondence in this case to: Kevin L. Patrick and Jason Groves, Patrick, Miller & Noto, P.C. 229 Midland Avenue, Basalt,

Colorado 81621 (970) 920-1030. II. Introduction. This Application is filed pursuant to C.R.S. § 37-92-301(4) and § 37-92-601. The

Colorado River Water Conservation District (hereinafter “River District”) is a political subdivision of the State formed by the Colorado

Legislature (See C.R.S. §37-46-101, et seq.) in 1937 for the purpose of safeguarding for the State of Colorado the beneficial consumptive

use in Colorado of that portion of the waters of the Colorado River equitably apportioned to the state by interstate compact.

Geographically, the River District encompasses an area of approximately 29,000 square miles, including all of twelve and parts of three

western Colorado counties. Included in that area are the headwaters and tributaries of the Colorado River mainstem and its principal

tributaries, the Gunnison, the White and the Yampa Rivers. The general powers of the River District, set forth in C.R.S. § 37-46-107,

inter alia, direct the River District to make surveys and investigations to ascertain the best method of utilizing stream flows within the

River District and to make appropriations “ . . . for the use and benefit of the ultimate appropriators . . . .” This statute further directs

the River District “. . . to perform all acts and things necessary or advisable to secure and insure an adequate supply of water, present

and future, for irrigation, mining, manufacturing, and domestic purposes within said districts.” The decree that is the subject of this

Application was obtained in furtherance of these statutory directives. The River District has assigned to the Town 22.5 cfs of the Wolcott

Pumping Plant and Pipeline water right and 2,969 acre feet of the Wolcott Reservoir water right. The Town is a Colorado home-rule

municipality vested with the power to secure water rights to provide an adequate water supply to its citizens. The Town has changed 6.5

cfs of its interest in the Wolcott Project rights in Case Nos. 93CW236 and 02CW235, Water Division No. 5, and is a Co-applicant in

the case. In addition 1.0 cfs has been changed in Case No. 02CW391. The Board of Directors of the River District and the Town of

OCTOBER 2018 RESUME


Gypsum have maintained their intent to develop the conditional water rights. The rights involved in this Application have been before

this Court for reasonable diligence determinations in previous cases as indicated in the caption of this Application. The most recent

decrees confirming reasonable diligence in the development of the conditional water rights that are the subject of this Application were

entered in Case No. 11CW95, on October 2, 2012. III. Describe conditional water right (as to each structure depicted on the maps

attached hereto as Exhibit A) giving the following from the Referee’s Ruling and Judgment and Decree: A. Name of structure: Wolcott

Pumping Plant and Pipeline. 1. Date of original decree, case number and court: July 9, 1979, Case No. 1529, Eagle County District

Court. 2. Legal Description: a. As decreed: W ¼ Cor. Sec. 14, T.4 S, R.83 W bears N. 20°28’ W a distance of 825’. b. PLSS: NW 1/4

of the SW 1/4 of Section 14, T. 4 S., R. 83 W., of the 6th P.M. at a point 1882 feet north of south section line and 310 feet east of west

section line. 3. Source: Eagle River. 4. Appropriation Date: April 27, 1966. 5. Amount: 500 cfs. 6. Use: Municipal, Industrial, Domestic,

Stock Watering, Irrigation, Recreation, Electric Power Generation and other beneficial uses and purposes. B. Name of structure: Wolcott

Reservoir. 1. Date of original decree, case number and court: July 9, 1979, Case No. 1529, Eagle County District Court. 2. Legal

Description: a. As decreed: NE Cor. Sec. 14, T.4 S, R.83 W bears N. 63°17’ E a distance of 4,092’. b. PLSS: SE 1/4 of the NW 1/4 of

Section 14, T. 4 S., R. 83 W., of the 6th P.M. at a point 1928 feet south of north section line and 1640 feet east of west section line. 3.

Source: Ute Creek and Eagle River. 4. Appropriation Date: April 27, 1966. 5. Amount: 65,975 AF. 6. Use: Municipal, Industrial,

Domestic, Stock Watering, Recreation, Electric Power Generation, Irrigation and other beneficial uses and purposes. IV. 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. The explanation of work accomplished during the diligence period is not all

inclusive but is merely representative. Unless otherwise noted, the expenditures listed herein do not include attorney’s fees or salaries

of staff of the River District and/or the Town, but the Applicants do claim those significant expenses toward diligence. A. The River

District has undertaken the following specific activities over the last six years that demonstrate its diligence with regard to the subject

conditional rights: 1. Federal environmental legislation and related regulations on water development activities often make successful

acquisition of needed federal permits one of the most predominant concerns regarding a water development project. A significant

concern regarding the development of projects in Colorado Water Division No. 5 is the status of four native fish species which have

been listed as “endangered” by the Fish and Wildlife Service pursuant to the federal Endangered Species Act. Because water depletions

in the Colorado River basin are alleged to jeopardize the continued existence of those fish species, it is necessary for the River District

and others who may need federal permit authorizations for their water projects to successfully address the alleged jeopardy of those

species. The River District extensively participated and partially funded a multi-phase study to identify a source of the 10,825 acre feet

of water necessary to satisfy the obligation of water users’ within the State of Colorado to the recovery of the endangered fish. Due to

these efforts the River District has obtained a contract with Bureau of reclamation for 5,412.5 acre feet of water in Ruedi Reservoir to

satisfy the West Slope’s obligation. During the diligence period the River District has maintained and administered that contract for the

benefit of the endangered fish. These efforts are necessary and appropriate in order for the River District and other water users within

its boundaries to secure permitting approvals for the construction and operation of water projects, including the Wolcott Project that is

the subject of this Application. 2. The River District continues to participate and fund efforts to reduce the salinity of the Colorado River,

as well as the operation of the Colorado River mainstem reservoirs, to ensure to the River District, as well as to the State of Colorado,

an adequate supply of water from the Colorado River as provided by the Colorado River Compacts. 3. The River District participates in

the funding of United States Geological Survey gauging stations throughout the River District in order to better assess the availability

of water for development pursuant to its various projects, including, but not limited, to funding gauging stations on the Eagle River. 4.

The River District provided funding throughout the diligence period to the Center for Snow and Avalanche Studies for ongoing research

regarding the impacts that dust on snow events have on water supplies. This work will be used by the River District to assess its water

supply projects, including the Wolcott Project that is the subject of this Application. 5. During the diligence period, the River District

has been actively engaged in the operation of its Water Marketing Program. While the water rights utilized in the Water Marketing

Program are not the subject of this Application, the successful operation of the Water Marketing Program and the receipt of lease

revenues by the River District will assist the River District in developing other water projects in Division 5, including projects such as

the Wolcott Project that is the subject of this Application. 6. Throughout the diligence period, the River District has been participating

in, and is now administering, the Central Colorado Mountains River Basin Weather Modification Program. The program is designed to

increase snow fall, and thus improve water supplies, over the central Colorado mountains including areas in the vicinity of the project

that is the subject of this Application. 7. The River District staff has evaluated the potential development of joint use projects with other

entities, pursuant to the 1998 Eagle River Memorandum of Understanding, that would maximize the beneficial uses associated with the

water rights that are the subject of this Application. Staff advised the River District’s Board of Directors regarding these investigations

to inform the Board’s decision regarding the development of the Wolcott Project water rights. 8. River District staff identified and

mapped owners of lands on which structures may be located or water may be stored. 9. The River District consulted with and negotiated

with the Town regarding the additional partial conveyance of the Wolcott Project water rights. 10. In addition to extensive staff time,

the River District expended in excess of $7 million in furtherance of the activities described herein. 11. The River District Board at its

October 2018 Quarterly Board Meeting reaffirmed its intent to develop the subject conditional water rights. B. Town of Gypsum. The

River District assigned 7.5 cfs of the Wolcott Pumping Pipeline water right and 600 acre-feet of the Wolcott Reservoir water right to

the Town on May 4, 1992. On August 30, 2018, the River District assigned an additional 15 cfs of the Wolcott Pumping Pipeline water

OCTOBER 2018 RESUME


right and 2,369 acre-feet of the Wolcott Reservoir water right to the Town. The Town conveyed 1 cfs of its Wolcott Pumping Pipeline

water right to American Gypsum Company on September 27, 2005, under certain conditions and for certain uses. American Gypsum

is not a co-applicant herein and its 1.0 cfs right is not included in this Application. A separate Application will be filed for the American

Gypsum/Town 1.0 cfs portion pursuant to the decree entered in Case No. 11CW81. The Town decreed alternate points of diversion for

600 acre-feet of its Wolcott Reservoir water right and 7.5 cfs of its Wolcott Pumping Pipeline water right in Case Nos. 93CW326 and

02CW235. The alternate points of diversion for the Wolcott Pumping Pipeline are the Gypsum Eagle River Pumping Pipeline, Nogaard

Ditch and Eagle Gypsum Well Nos. 1-3. The alternate points for the Wolcott Reservoir right are the Town’s Eye Lake and LEDE

Reservoir. The Eagle Gypsum Well alternate points are associated with the 1 cfs the Town conveyed to American Gypsum which is

not included in this Application. The Wolcott Reservoir and Wolcott Pumping Pipeline are component parts of the Town’s integrated

municipal water supply system. A map of the diversion points, including the alternative points is attached as Exhibit B. Applicant Town

of Gypsum has undertaken the following specific activities over the last six years that demonstrate its diligence with regard to the subject

conditional rights: 1. In 2013, the Town obtained an amendment to its U.S. Forest Service Special Use Permit to allow construction,

operation, and maintenance of the L.E.D.E. Reservoir enlargement project. The Town completed construction of the L.E.D.E

enlargement project in 2017. L.E.D.E. Reservoir is the decreed alternate point of storage for 600 acre feet of the Town’s interest in the

Wolcott Reservoir water right. 2. The Town spent in excess of $5 million toward permitting and construction related costs for the

L.E.D.E. Reservoir enlargement project between 2012 and 2017. 3. In 2017, the Town filled the L.E.D.E Reservoir to approximately

18% of its enlarged capacity. Due to the drought of 2018 and dam safety fill rules, less water was stored in LEDE Reservoir during 2018

(the first year after completion of the reservoir’s construction) than optimal. 4. During the diligence period the Town began planning for

additional Eagle River storage upstream of the confluence with Gypsum Creek. In conjunction with that planning, it was determined

that the Town wishes to construct additional storage. Accordingly, the Town negotiated with the Colorado River Water Conservation

District for the conveyance of an additional 2,969 acre feet of the Wolcott Reservoir water right and the corresponding additional

component of the Wolcott Pump and Pipeline water right of 15.0 cfs. On August 30, 2018, the Colorado River Water Conservation

District assigned the subject water rights to the Town. A Notice of Additional Transfer of Conditional Water Rights is on file with the

Water Court. 5. During the relevant diligence period, the Town issued a number of land use approvals and entered into multiple

agreements for developments that are anticipated to be served by the subject water rights. 6. The Town engaged the services of

Zancanella & Associates to monitor and operate the LEDE Ditch during construction of the reservoir. Zancanella and Associates

developed a flood inundation study for LEDE to evaluate the emergency action plan from LEDE to the Colorado River. The cross-

sectional mapping will be applicable for the evaluation of the emergency action plan that will be required when Eye Lake is constructed.

7. In 2015 and 2016, the Town worked in collaboration with the Colorado Rural Water Association and local area stakeholders to

develop a Source Water Protection Plan (SWPP). The plan identified source water protection areas, listed potential contaminant sources

and outlined best management practices to reduce risks to the water source. The Gyspum Creek Basin, inclusive of the LEDE facility

and sources for the subject water rights are covered by the SWPP, which include the subject water structures. 8. The Town engaged the

services of Patrick, Miller & Noto, P.C. and Zancanella & Associates to monitor and make recommendations on new water rights

applications that might injure the Applicant’s water rights. 9. The Town entered Statements of Opposition to numerous water court cases

to protect the Town’s water rights, including the water rights that are the subject of this application. 10. The Town spent significant

funds in the overall development of its integrated water supply, which include the subject water rights. In addition to the funds spent on

the project specific work described above, the Town incurred tens of thousands of dollars in design and construction related to its

municipal water supply system in furtherance of its integrated water supply. The water rights that are involved in this application are

components of the Town’s integrated water supply. V. Name(s) and address(es) of owner(s) of land on which structure is or will be

located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use. The structures are or may be

located and water is or may be stored on land owned by the agencies, entities, and individuals identified in Exhibit C, attached hereto

and incorporated herein by this reference. The water will be placed to beneficial use within the extensive boundaries of the River District

and/or the Town. The specific owners of land upon which the water rights will be placed to beneficial use will be determined at future

dates as the projects are developed. The water rights may be put to beneficial use on lands owned by many thousands of individuals

and entities. Therefore, it is not feasible to list at this time the names and addresses of the owners of land upon which water may be

placed to beneficial use. WHEREFORE, the Applicants request that the Court adjudge and decree that they have exercised reasonable

diligence in the development of the water rights that are the subject of this Application, that the conditional water rights be continued in

full force and effect, and that a date be set for a subsequent application for a finding of reasonable diligence. The Applicants also request

that the Court confirm that the conditional water rights identified above are features of an integrated system of water rights, and that

work done on one feature of the project shall be considered in finding that reasonable diligence has been shown in the development of

water rights for all features of the entire project. (14 pages)






OCTOBER 2018 RESUME







18CW3161(12CW45, 04CW190, 98CW81, 90CW328). 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 SCOTT

AND CAPPIE GREEN, IN GARFIELD COUNTY, COLORADO. APPLICATION FOR FINDING OF REASONABLE

DILIGENCE. 1. Name, address, and telephone number of Applicant: Scott and Cappie Green (“Applicants”), 600 Cottonwood Pass

Rd., Gypsum, CO 81637, Direct all pleadings to: Glenn E. Porzak, Cassidy L. Woodard, 2120 13th Street, Boulder, CO 80302. 2.

Name of Structure: Upper McLean Reservoir. 3. Description of Conditional Water Right: A. Decree: Originally decreed in Case No.

90W328 (1 of 3) by the District Court, Water Division No. 5 (the “Water Court”) on May 5, 1992. Subsequent decrees confirming the

exercise of reasonable diligence were entered by the Water Court in Case Nos. 98CW81 (October 13, 1998), 04CW190 (February 3,

2006), and 12CW45 (October 3, 2012). B. Location: The legal description of the dam is located in the NW1/4 SW1/4 and the SW1/4

NW1/4 of Section 27, Township 3 South, Range 87 West of the 6th P.M. Its outlet is located 2,810 feet South of the North section line

and 820 feet East of the West section line of said Section 27 (Eagle County), as shown on Exhibit A. Without changing the decreed

location, the UTM Coordinates of the outlet are UTM Coordinates NAD 83, Zone 13, Northing: 4403846.05, Easting: 315415.52.

(Source of UTMs: Aerial Image, Google Earth.). C. Source: The source of the water is Lake, Darnell, Grunner, Cease, and Riland

Creeks, all of which are tributary to Sweetwater Creek, which is tributary to the Colorado River. D. Appropriation Date:

December 31, 1984. E. Amount: 9.3 acre-feet, absolute, and 10.7 acre-feet, conditional. F. Uses: Piscatorial and irrigation. 4. Detailed

outline of work done to complete the project and apply water to beneficial use: Applicants acquired the Upper McLean Reservoir, along

with the property upon which the Upper McLean Reservoir is located, in October 2014. When purchasing the property and the associated

water rights, Applicants incurred significant expenses for not only their purchase, but also in researching the property and ensuring that

proper legal conveyances and assignments took place. This involved filing the required Notice of Transfer of Conditional Water Rights

with the Water Court. In addition to the above, further activities supporting Applicants’ request for a finding of reasonable diligence

since acquiring the property and the subject water right include: A. Applicants routinely clean the Upper McLean Reservoir and its

associated infrastructure, including its diversion, ditch system, and outlet, from built up debris; B. Applicants acquired the Upper

McLean Reservoir and the land upon which it resides for piscatorial purposes. Accordingly, Applicants continue to stock the Upper

McLean Reservoir with catchable fish and intend to continue to do so; C. Applicants have inquired with a pipe and pump company

regarding the cost of designing and constructing an irrigation system to deliver water from the Upper McLean Reservoir to lands on the

associated property for irrigation use; D. Applicants are considering constructing a second pond on the property where a portion of the

conditional water rights would be stored; and E. Applicants continue to rely upon the water right associated with the Upper McLean

Reservoir and have no intention to abandon the subject water right. 5. Ownership: Applicants. WHEREFORE, Applicants seek a

finding that they have exercised reasonable diligence with respect to the water right identified in paragraphs 2–3 above, and such other

and further relief as this Court deems just and proper. (3 pages + 1 exhibit)











18CW3162 PITKIN COUNTY – FRYING PAN RIVER, ROARING FORK RIVER, COLORADO RIVER. Connell

Development Co. c/o Anne Marie McPhee, Oates, Knezevich, Gardenswartz, Kelly & Morrow, P.C., 533 E. Hopkins Avenue, 3rd Floor,

Aspen, CO 81611, (970) 920-1700. APPLICATION FOR STORAGE WATER RIGHT AND APPROVAL OF PLAN FOR

AUGMENTATION. First Claim: Storage Right. Unifying Fields Pond No. 1, First Enlargement. Legal Description: The dam outlet

is located at a point 200 feet from the east line and 900 feet from the north line of Section 20, Township 8 South, Range 83 West of the

6th P.M. Source: Bowles Pipeline and Ditch, which derives its source from the Frying Pan River and Muccawanago Creek and Spring,

tributary to the Frying Pan, Roaring Fork and Colorado Rivers. Fill rate: 1.5 cfs. Legal description for Bowles Pipeline and Ditch: SE1/4,

NE1/4, Section 20, Township 8 South, Range 83 West, 6th P.M. Legal description of Alternate Point of Diversion: SE1/4, NE1/4,

Section 21, Township 8 South, Range 83 West, 6th P.M. at a point 2,050 feet from the north section line and 1,500 feet from the west

OCTOBER 2018 RESUME


section line. Approp. Date: 10/31/2018. How appropriation initiated: Field inspection, survey and formulation of intent to apply water

to beneficial use, and filing of this application. Amount claimed: Applicant is not claiming any additional capacity for the pond but is

merely adding the additional use of augmentation to the decreed pond uses. The use of augmentation will be a conditional use. Proposed

use: Augmentation as described in the plan for augmentation. Surface area of high water line: 0.16 acres. Vertical height of dam: Less

than 10 feet. Length of dam in feet: 100 feet. Total capacity: 0.435 acre-feet. Active capacity: 0.4 acre-feet. Dead storage: 0.035 acre-

feet. Second Claim. Augmentation Plan. Structure to be Augmented: Riley Ranch Well, Permit No. 22899-F. Date of Original Decree:

July 18, 1979, Water Div. 5 Case No. W-3736. Augmentation plan and alternate point of diversion: May 28, 1996, Water Div. Case No.

94CW271. Legal Description: SE1/4, NE1/4 of Section 20, Township 8 South, Range 83 West of the 6th P.M. at a point 1340 feet south

of the north line and 905 feet west of the east line of said Section 20. Appropriation Date: 10-10-1997. Amount: 0.066 cfs, absolute.

Source: well tributary to the Frying Pan River, Roaring Fork River, Colorado River. Decreed Use: household, domestic, livestock water,

commercial. Water Rights Used for Augmentation: Basalt Water Conservancy District allotment contract utilizing the District’s water

marketing supplies comprised of 0.476 acre-feet of the following: Green Mountain Reservoir, Ruedi Reservoir, Troy Ditch and Edith

Ditch water rights, and/or the Robinson Ditch water rights, all as more fully described in the Application. Statement of plan for

augmentation: Applicant owns the property located at 26604 Frying Pan Road, Meredith, CO, which totals 32 acres. Applicant owns

the Riley Ranch Well, Well Permit No. 22899-F, which is permitted for commercial guest ranch use for 60 guests per day for three

months, year-round domestic use for the owner (“Lodge” = 4 EQRs), seven cabins (cabins = 7 EQRs), and livestock water for seasonal

use (six months). These uses (11 EQRs) are augmented by Green Mountain Reservoir as stated in the Decree in Paragraph D in Case

No. 94CW271. However, the Riley Ranch Well provides water to an additional ten buildings and a hot tub (11 EQRs). The additional

ten buildings and a hot tub (11 EQRs) are what will be augmented by the augmentation plan requested in this Application. The demands

associated with the 11 EQRs will occur year-round and total 4.309 acre-feet as shown in Column 8 of Table 1. The return flows to the

stream are 3.876 acre-feet as shown in Column 15 of Table 1. The net depletions total 0.433 acre-feet as shown in Column 16 of Table

1. The total amount of augmentation water required to offset the net depletions plus 10% for transmit losses is 0.476 acre-feet as shown

in Column 4 of Table 2. This 0.476 acre-feet will be provided by the Applicant’s BWCD Water Allotment Contract. In addition to the

0.476 acre-feet provided by the BWCD Water Allotment Contract, the Applicant is also required to provide augmentation water for

local calls above Ruedi Reservoir. As shown in Column 5 of Table 2, it is estimated that local calls above Ruedi Reservoir will occur

15 days in the month of August and 30 days in the month of September, for a total of 0.060 acre-feet of out-of-priority depletions above

Ruedi Reservoir. When a call occurs below Ruedi Reservoir that is administered by the Division Engineer’s Office, Applicant will

continue diverting through the Riley Ranch Well for the uses associated with the 11 EQRs and the BWCD will release water pursuant

to the Applicant’s BWCD Water Allotment Contract from the appropriate water right described in Paragraph 13.B above to cover the

out-of-priority diversions. When a call occurs above Ruedi Reservoir, the Applicant will continue to divert water through the Riley

Ranch Well and will release water from the Unifying Pond Well No. 1 to cover the out-of-priority depletions. The Applicant owns the

land upon which the structure is located and where the water will be used. Map and tables are on file with the Court as Figure 1 and

Tables 1 and 2.











18CW3163 ROUTT COUNTY 1. Name, address, telephone number of applicant: United States of America, Department of the

Interior, Bureau of Land Management, Colorado River Valley Field Office, 2300 River Frontage Road, Silt, CO 81652. 2. Name of

structures: Upper King Mountain Reservoir, Middle King Mountain Reservoir, Lower King Mountain Reservoir. 3. Description of

conditional water rights: A. Case number of original decree: 1995 CW 153 B. Date of original decree: 11/26/1996 C. Case number

of latest diligence decree: 2002 CW 95 D. Date diligence decree entered: 8/1/2005 E. Locations: Upper King Mountain Reservoir:

The center of the dam is located on public lands in the NE/4 NW/4 SW/4, Section 22, T1N R84W, Sixth P.M., at a point approximately

2,110 feet north of the south section line and 820 feet east of the west section line. Middle King Mountain Reservoir: The center of the

dam is located on public lands in the NE/4 SW/4 SE/4, Section 22, T1N R84W, Sixth P.M., at a point approximately 1,200 feet north

of the south section line and 1,810 feet west of the east section line. Lower King Mountain Reservoir: The center of the dam is located

on public lands in the SE/4 SW/4 SW/4, Section 23, T1N R84W, Sixth P.M., at a point approximately 470 feet north of the south section

line and 890 feet east of the west section line. F. Source: Upper King Mountain Reservoir: (1) Pink Shutter Spring #1, Pink Shutter

Spring #2, Aspen Tongue Spring #2, and Aspen Tongue Spring #3, as decreed in case number 1994 CW 340; and (2) surface runoff

OCTOBER 2018 RESUME


from an unnamed tributary to Egeria Creek/Rock Creek/Colorado River. Middle King Mountain Reservoir: (1) spring diversions and

surface flows as described above for the Upper King Mountain Reservoir, and (2) outflow from Upper King Mountain Reservoir G.

Lower King Mountain Reservoir: (1) spring diversions and surface runoff as described above for Upper King Mountain Reservoir, and

(2) outflow from Middle King Mountain Reservoir G. Appropriation Date: 2/17/1994 H. Amount: Upper King Mountain Reservoir:

42.92 acre feet, conditional Middle King Mountain Reservoir: 183.8 conditional Lower King Mountain Reservoir: 512.5 acre feet,

conditional I. Use: Livestock watering, wildlife watering, waterfowl habitat, fishery, recreation, and fire suppression. 4. Detailed

outline of what has been done toward completion of the appropriation and application of water to beneficial use as conditionally

decreed: See application for detailed outline of diligence activities. 5. Name and address of owner of land on which point of

diversion and place of use is located: United States Department of the Interior, Bureau of Land Management, Colorado River Valley

Field Office, 2300 River Frontage Road, Silt, CO 81652.











18CW3164 PITKIN COUNTY – CASTLE CREEK ALLUVIUM / MAROON FORMATION TRIBUTARY TO CASTLE

CREEK. BOCAR Colorado, LLC; Hayden TWB, LLC; Joseph Edward Wells & Carrie Ann Wells c/o Kevin L. Patrick, Esq. and John

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

OF REASONABLE DILIGENCE AND TO MAKE WATER RIGHT ABSOLUTE. First Claim: CCVR Well No. 4. Permit No.

50366F-R. Original Decree: April 30, 1992, Case No. 90CW243 Division 5 Water Court. Legal: Section 23, T10S, R85W of the 6 th

P.M. whence the northwest corner of Section 23 bears N 38°42’24” W 4249.83 feet. Source: Castle Creek Alluvium and/or Marron

Formation tributary to Castle Creek, Roaring Fork River. Appropriation date: July 24, 1989. Amount: 30 gpm; 25 gpm absolute and 5

gpm conditional. Uses: Domestic, irrigation of up to 10,000 square feet, stock watering, and fire protection. Place of use: Lot 4, Castle

Creek Valley Ranch. Well Depth: 160 ft. Second Claim: CCVR Well No. 4B. Permit No. 54827-F. Original Decree: April 30, 1992,

Case No. 90CW243 Division 5 Water Court. Legal: Section 23, T10S, R85W of the 6th P.M. whence the northwest corner of Section 23

bears N 40°50’33” W 4127.85 feet. Source: Castle Creek Alluvium and/or Marron Formation tributary to Castle Creek, Roaring Fork

River. Appropriation date: July 24, 1989. Amount: 30 gpm; 20 gpm absolute (irrigation), 10 gpm conditional (irrigation), and 30 gpm

conditional (stock watering). Uses: Supplemental irrigation of up to 10,000 square feet and stock watering. Place of use: Lot 4, Castle

Creek Valley Ranch. Well Depth: 218 ft. Claim for absolute: Amount: 10 gpm. Use: Supplemental irrigation of up to 10,000 square

feet. Pump Test on file with court as Exhibit D. Third Claim: CCVR Well No. 6B. Permit No. 75703-F. Original Decree: April 30,

1992, Case No. 90CW243 Division 5 Water Court. Legal: Section 26, T10S, R85W of the 6 th P.M. whence the northwest corner of

Section 23, T10S, R85W bears N 21°48’39” W 5800.52 feet. Source: Castle Creek Alluvium and/or Marron Formation tributary to

Castle Creek, Roaring Fork River. Appropriation date: July 24, 1989. Amount: 30 gpm conditional. Uses: Supplemental irrigation of up

to 10,000 square feet and stock watering. Place of use: Lot 6, Castle Creek Valley Ranch. Fourth Claim: CCVR Well No. 14. Permit

No. 57524-F. Original Decree: April 30, 1992, Case No. 90CW243 Division 5 Water Court. Legal: Section 26, T10S, R85W of the 6 th

P.M. whence the northwest corner of Section 23, T10S, R85W bears N 21°48’39” W 5800.52 feet. Source: Castle Creek Alluvium

and/or Marron Formation tributary to Castle Creek, Roaring Fork River. Appropriation date: July 24, 1989. Amount: 30 gpm; 6 gpm

absolute (domestic, irrigation, fire protection), 24 gpm conditional (domestic, irrigation, fire protection), and 30 gpm conditional (stock

watering). Uses: Domestic, irrigation of up to 10,000 square feet, stock watering, and fire protection. Place of use: Lot 14, Castle Creek

Valley Ranch. Well Depth: 320 ft. Fifth Claim: CCVR Well No. 14B. Permit No. 82419-F. Original Decree: April 30, 1992, Case No.

90CW243 Division 5 Water Court. Legal: Section 26, T10S, R85W of the 6th P.M. whence the northwest corner of Section 23, T10S,

R85W bears N 21°47’38” W 6495.02 feet. Source: Castle Creek Alluvium and/or Marron Formation tributary to Castle Creek, Roaring

Fork River. Appropriation date: July 24, 1989. Amount: 30 gpm conditional. Uses: Supplemental irrigation of up to 10,000 square feet

and stock watering. Place of use: Lot 14, Castle Creek Valley Ranch. Applicants own the land upon which their respective water rights

are located and put to beneficial use. Map of water rights is on file with the court as Exhibit A. Map of place of use is on file with the

court as Exhibit B. A description of work done toward completion of appropriation of water rights is on file with the court as Exhibit C.




OCTOBER 2018 RESUME









18CW3165 PITKIN COUNTY – WOODY CREEK, ROARING FORK RIVER, COLORADO RIVER. Estate of Robert P.

Beattie, c/o Oates, Knezevich, Gardenswartz, Kelly & Morrow, P.C., 533 E. Hopkins Avenue, 3rd Floor, Aspen, CO 81611, (970) 920-

1700. APPLICATION FOR SURFACE WATER RIGHT AND APPROVAL OF PLAN FOR AUGMENTATION, INCLUDING

APPROPRIATIVE RIGHT OF EXCHANGE. Surface Right: Beattie Pump & Pipeline. Legal Description: SE1/4 NW1/4 of Section

15, Township 9 South, Range 85 West of the 6th P.M. at a point 1,623 feet from the north section line and 1,840 feet from the west

section line of said Section 15 (UTM NAD83 Zone 13: 4348716 N, 338527 E). Source: Woody Creek, tributary to the Roaring Fork

River, tributary to the Colorado River. Approp. Date: 10/31/2018. Amount: 0.25 cfs, conditional. Use: Irrigation, fire protection. Acres

historically irrigated: 2.6 acres. Total acres to be irrigated: 3.7 acres. To the extent possible, out-of-priority depletions from the Beattie

Pump & Pipeline will be replaced pursuant to the augmentation plan described below. When Applicant’s augmentation plan cannot

satisfy calls from local streams, Applicant will cease diversions from the Beattie Pump & Pipeline. Plan for Augmentation. Structure

to be Augmented: Beattie Pump & Pipeline. Water Rights Used for Augmentation: Basalt Water Conservancy District allotment contract

utilizing the District’s water marketing supplies comprised of 0.476 acre-feet of the following: Green Mountain Reservoir, Ruedi

Reservoir, Troy Ditch and Edith Ditch water rights, and/or the Robinson Ditch water rights, all as more fully described in the Application.

Statement of plan for augmentation: Applicant intends to augment out-of-priority diversions from the Beattie Pump & Pipeline by

releases pursuant to a water allotment contract with the Basalt Water Conservancy District (BWCD) from any of the sources outlined

above whenever there is a call on the Colorado River or the Roaring Fork River below its confluence with the Fryingpan River. Applicant

has applied for a BWCD contract for 6.2 acre-feet. Whenever a call occurs on the Roaring Fork River above its confluence with the

Fryingpan River or on Woody Creek, Applicant will cease diversions through the Beattie Pump & Pipeline. Applicant anticipates its

diversions will be subject to administrative calls from water rights on the Colorado River and/or the Roaring Fork River downstream of

its confluence with the Fryingpan River between May and October of each year. The consumptive use associated with irrigation

diversions during those call periods will be replaced with releases pursuant to the BWCD contract from May through October. During

time periods when a call occurs upstream of the confluence of the Roaring Fork River and Fryingpan River, Applicant will cease

diverting water. Exchange: Augmentation of the Beattie Pump & Pipeline using water rights available by contract with the BWCD will

be accomplished by exercise of an appropriative right of exchange, for which Applicant seeks a conditional right of exchange described

as follows: Exchange Plan Reach: Downstream Termini: The points of replacement on the Roaring Fork and/or Colorado Rivers of the

BWCD’s water rights are described with particularity as follows: For the exchange of Green Mountain Reservoir water (Lower Terminus

1): The confluence of the Roaring Fork and Colorado Rivers, located in the SE1/4 NW1/4, Section 9, Township 6 South, Range 89

West of the 6th P.M., at a point approximately 2,200 feet from the North Section line and 2,350 feet from the West Section line. For the

exchange of Ruedi Reservoir and/or Troy and Edith Ditch water (Lower Terminus 2): The confluence of the Roaring Fork and Frying

Pan Rivers located in the SW1/4 SE1/4, Section 7, Township 8 South, Range 86 West of the 6th P.M., at a point 750 feet from the South

Section line and 1,500 feet from the East Section line. For the exchange of Robinson Ditch water (Lower Terminus 3): The headgate

of the Robinson Ditch on the Roaring Fork River, as described in the Application. Upper terminus of exchange reach: Beattie Pump &

Pipeline located in the SE1/4 NW1/4 of Section 15, Township 9 South, Range 85 West of the 6th P.M. at a point 2,610 feet from the

north section line and 1,840 feet from the west section line of said Section 15 (UTM NAD83 Zone 13: 4348716 N, 338527 E. Rate

claimed: 0.09 cfs, conditional, with a maximum volume of 6.2 acre-feet. Date of appropriation: October 31, 2018. How

appropriation initiated: By formulation of intent to appropriate a water right, construction of diversion system and filing of water

application. Date water applied to beneficial use: N/A. Applicant will install and maintain such measuring devices and implement such

accounting procedures as may be required to verify that the amount of augmentation and exchange water equals or exceeds the amount

of out-of-priority depletions resulting from the use of water under the claimed plan for augmentation and exchange. The Applicant owns

the land upon which the structure is located and where the water will be used. Maps and a table are on file with the Court as Exhibits A

- C.






OCTOBER 2018 RESUME







18CW3166 Garfield County, Colorado River, Jerry and Stefanie Gillespie, P.O. Box 1031, Basalt, CO 81621; c/o Michael J. Sawyer;

Karp Neu Hanlon, P.C.; 201 14th Street, Suite 200, P.O. Drawer 2030, Glenwood Springs, CO 81602. Application for Finding of

Reasonable Diligence. Hunt Reservoir No. 1. Original Decree: March 16, 1982, in Case No. 81CW220, in the District Court in and for

Water Division No. 5. Subsequent decrees: 89CW325, 90CW023, 96CW041, 04CW107, and 12CW41. Location: NW1/4 SE1/4 of

Section 11, Township 7 South, Range 88 West of the 6th P.M., more particularly 1800 feet North of the South section line and 2400

feet West of the East Section line of said Section. Source: Cattle Creek, tributary to the Roaring Fork River. Appropriation date: August

6, 1981. Amount: 2.0 acre-feet, conditional, of which 1.0 acre-feet was made absolute for recreation, livestock watering and fish in Case

No. 89CW325. Uses: Irrigation, livestock water, fish culture and recreation. Name of owner of land on which structure is located:

Applicants. Diligence activities: The Application contains a detailed outline of what has been done by Applicant during the diligence

period toward or for completion of the appropriation and application of the conditional water rights to beneficial use as decreed, including

expenditures. (6 with exhibits)











18CW3167 GARFIELD COUNTY. Application For Finding of Reasonable Diligence. 1.Name, address, telephone number of

applicant: United States of America, Department of the Interior, Bureau of Land Management, Colorado River Valley Field Office,

2300 River Frontage Road, Silt, CO 81652. 2. Name of structure: Naval Oil Shale Reserve (“NOSR”) Water System Pipeline. 3.

Description of conditional water rights: A. Date of original decree: 12/19/1991 B. Case number of latest diligence decree: 2004 CW 139

C. Date diligence decree entered: 8/18/2005 D. Location of point of diversion: E. NE/4 SE/4 NE/4, Section 29, Lot 1, T6S R94W,

Sixth P.M., approximately 1,575 feet from the north section line and 200 feet from the east section line. UTM Zone 13 250369mE

4376162mN (NAD 83) F. Source: Colorado River G. Appropriation Date: 12/31/1983 H. Amount: 100 cfs, conditional I. Use:

Municipal and industrial use related to the development and production of oil from shale on Naval Oil Shale Reserve #1. J. Place of

Use: Within the boundaries of and within one mile of Naval Oil Shale Reserve 1 and Naval Oil Shale Reserve 3. 4. Detailed outline of

what has been done toward completion of the appropriation and application of water to beneficial use as conditionally decreed: See

application for a detailed description of diligence activities. 5. Name and address of owner of land on which point of diversion and

place of use is located: United States Department of the Interior, Bureau of Land Management, Colorado River Valley Field Office,

2300 River Frontage Road, Silt, CO 81652.











18CW3168 PITKIN COUNTY, ROARING FORK RIVER. Board of County Commissioners of Pitkin County, Colorado c/o Laura

Makar, Assistant County Attorney, 530 E. Main Street, Suite 301Aspen, Colorado 81611, (970) 920-5190. APPLICATION FOR

FINDING OF REASONABLE DILIGENCE. Name of structure: Dump Pool No. 2. Original Decree: Case No.: 85CW621, District

Court, Water Division 5, Colorado, January 3, 1991. Subsequent decrees: 97CW19, District Court, Water Division 5, Colorado,

February 20, 1998, 04CW26, District Court, Water Division 5, Colorado, April 7, 2005, 11CW55, District Court, Water Division 5,

OCTOBER 2018 RESUME


Colorado, July 8, 2012. Legal description: The map illustrating the Dump Pool No. 2 is on file with the court. The existing Dump Pool

No. 2 structure is located on the Pitkin County Solid Waste Center in the SW ¼ of the NW ¼ of Section 8, Township 9 South, Range

85 West, of the 6th P.M, at a point approximately 900 feet east of the Wast section line and 1,480 feet south of the North section line.

Source: Unnamed springs and runoff, tributary to an unnamed tributary of the Roaring Fork River. Appropriation Date: December 31,

1983. Amount: 0.6 acre-feet, conditional, for industrial use; 0.2 acre-feet absolute, for industrial use; 0.8 acre-feet, absolute, for irrigation

use.. Use: Irrigation and industrial purposes. A detailed outline of what has been done toward completion of the appropriation is on file

with the Court. Name and address of owner of the land upon which structure is located and upon which water will be used: Applicant.











18CW3169 SUMMIT COUNTY; Application to Make Conditional Water Right Absolute. Applicants: Richard and Vanessa

Smith, 95 Grey Jay Lane, Breckenridge, CO 80424, c/o Matthew Machado, Steven P. Jeffers, Lyons Gaddis Kahn Hall Jeffers Dworak

& Grant, PC, 363 Centennial Parkway, Suite 110, Louisville, CO 80027, (720) 726-3672 2. Name of Structures: Baldy Ridge Estates

Well No. 6 (“Well No. 6”). 3. Description of Conditional Water Rights: The decree in Case No. 00CW229 confirmed conditional

water rights for Well No. 6 and for other wells in the Baldy Ridge Estates PUD not involved in this Application. The 00CW229 Decree

also approved a plan for augmentation for said wells, including an exchange. This Application only concerns claims to make absolute

the conditional underground water right for Well No. 6, which is described as follows: A. Underground Water Right for Well No. 6:

i) Date of Original Decree: October 29, 2001, in Case No. 00CW229, District Court, Water Division No. 5. ii) Date of Subsequent

Decrees Awarding Findings of Diligence: Decrees for findings of reasonable diligence for the conditional water right for Well No. 6

and certain other wells in the Baldy Ridge Estates PUD were entered by the District Court for Water Division No. 5 on March 18, 2009

in Case No. 07CW185 and on November 1, 2015 in Case No. 15CW3026. The 07CW185 Decree also made absolute the exchange to

replace depletions associated with the wells in the amount of 0.029 cfs, which exchange was originally decreed in Case No. 00CW229.

This case does not concern the exchange right or the other wells. iii) Legal Description for Well No. 6: Well No. 6 was constructed

on Lot 6 in the NW ¼ SW ¼ of Section 5, T7S, R77W, 1410 feet from the North section line and 1067 feet from the South section line

(Northing UTM y 4369949.0 and Easting UTM x 411654.0). The street address of Lot 6 is 95 Grey Jay Lane, Breckenridge, CO. A

map is attached as EXHIBIT A. iv) Decreed Source for Well No. 6: Fractured bedrock tributary to Blue River. v) Decreed

Appropriation Date for Well No. 6: December 22, 1999. vi) Decreed Amount for Well No. 6: 0.033 cfs, 15 gpm, CONDITIONAL.

vii) Decreed Uses of Well No. 6: Well No. 6 was decreed in Case No. 00CW229 for domestic purposes inside one single-family

residence. No outside use is allowed for this water right. viii) Depth for Well No. 6: Well No. 6 is approximately 280 feet below

ground surface. 5. Claim to Make Water Right for Baldy Ridge Estates Well No. 6, Well Permit No. 78520-F Absolute: A. Date

water applied to beneficial use: October 23, 2014. B. Amount: 6 gpm for domestic purposes. C. Evidence that applicants diverted

water in-priority and applied such water to the beneficial uses: Applicants filed the following documents with the State Engineer:

Well Permit, dated October 2, 2014; Well Construction and Test Report, dated October 27, 2014; and Pump Installation Permit, dated

October 7, 2016. Copies of the documents are attached as EXHIBIT B. Well No. 6 has been used to provide water for the residence

on Lot 6 since it was constructed in 2015. D. Description of place of use where water is applied to beneficial use: Lot 6 of the

Baldy Ridge Estates PUD. 6. Names and addresses of owners of land on which structures are or will be located: Applicants. 7.

Miscellaneous: Applicants’ use of Well No. 6 shall be in compliance with the terms of the Decree in Case No. 15CW3026 (07CW185,

00CW229), Applicants’ Lease with Vidler Water Company, Inc., and the individual well permit for Well No. 6. WHEREFORE,

Applicants respectfully request the Court enter a decree finding that Applicants have perfected and made absolute the underground water

rights in the amounts stated above for the Baldy Ridge Estates Well No. 6.








OCTOBER 2018 RESUME





18CW3170 PITKIN COUNTY, CASTLE CREEK, ROARING FORK RIVER. Application for Findings of Reasonable Diligence.

Michael Leiner, c/o Mark E. Hamilton, Esq. and Tarn Udall, Esq., Holland & Hart LLP, 600 E. Main St., Suite 104, Aspen, CO, 81611,

970-925-3476, [email protected], [email protected]. Name of structure: Castle Creek Valley Ranch Well No. 7.

Decree information: (1) Court: District Court, Water Division No. 5. (2) Case: 90CW243. (3) Date: April 30, 1992. (4) Subsequent

decrees: 93CW129, 98CW62, 05CW03, 11CW163. Location: NE¼ NW¼ of Section 26, Township 10 South, Range 85 West

of the 6 th P.M., at a point 189 feet from the North section line and 2,219 feet from the West section line of said Section

26, Pitkin County, Colorado. Source: Castle Creek alluvium and/or the Maroon formation, tributary to Castle Creek,

tributary to the Roaring Fork River, tributary to the Colorado River. Appropriation date: July 24, 1989. Amount: 30 gpm

(0.067 cfs), conditional. Uses: domestic, irrigation, stock watering, and fire protection. Well Permit No.: 42089-F. Depth:

200 feet (est.). A detailed outline of activity during the diligence period is included in the Application. The subject water right will be

located upon Applicant’s property. (4 pages)











18CW3171 GARFIELD COUNTY, CRYSTAL RIVER, ROARING FORK RIVER. Application for Findings of Reasonable

Diligence. Town of Carbondale, c/o Mark E. Hamilton, Esq. and Tarn Udall, Esq., Holland & Hart LLP, 600 E. Main St., Suite 104,

Aspen, CO, 81611, 970-925-3476, [email protected], [email protected]. Description of conditional water rights: (A)

Bowles & Holland Ditch RVR Enlargement. Decree information: (1) Court: District Court, Water Division No. 5. (2) Case: 95CW317.

(3) Date: June 13, 1997. (4) Subsequent decrees: 03CW146, 12CW16. Location:SE1/4, SE1/4, Section 10, Township 8 South, Range

88 West of the 6th P.M. at a point whence the southwest corner of Section 3, Township 8 South, Range 88 West bears North 40° 0’

West a distance of 6,700 feet. This location is also described as at a point in the SE1/4 SE1/4 of Section 10, T.8 S., R.88 W. of the 6th

P.M. 285 feet from the south section line and 910 from the east section line, based on BLM PLSS. Source: Crystal River, tributary to

Roaring Fork River, tributary to Colorado River. Appropriation date: November 15, 1995. Amount: 1.2 cfs, conditional; 3.8 cfs, absolute

(03CW146). Uses: irrigation, fish and wildlife propagation limited to the water surface of the ditches and ponds and

adjacent riparian areas, recreation, dust suppression, and fire protection uses. Land Ownership: N/A. This water right is an

enlargement of an existing water right using the same ditch without any need to modify the diversion structure. (B) RVR Spring No. 1.

Decree information: (1) Court: District Court, Water Division No. 5. (2) Case: 95CW317. (3) Date: June 13, 1997. (4) Subsequent

decrees: 03CW146, 12CW16. Location: NE1/4, SE1/4, Section 4, Township 8 South, Range 88 West of the 6th P.M. at a point whence

the Southwest corner of Section 3, Township 8 South, Range 88 West bears S 35° 1’50’’ E a distance of 1,795.17 feet. This location is

also described as at a point in the NE1/4 SE1/4 of Section 4, T. 8 S., R. 88 W. of the 6th P.M. 1460 feet from the south section line and

965 feet from the east section line, based on BLM PLSS. Source: Holland Gulch, tributary to Crystal River, tributary to Roaring Fork

River, tributary to Colorado River. Appropriation date: November 15, 1995. Amount: 2.0 cfs, conditional. Uses: irrigation, fish and

wildlife propagation limited to the water surface of the ditches and ponds and adjacent riparian areas, recreation, dust

suppression, and fire protection uses. Land Ownership: Pura Vida Holdings, LLC, 329 Main Street, Carbondale, CO 81623. (C)

RVR Pump and Pipeline No. 1. Decree information: (1) Court: District Court, Water Division No. 5. (2) Case: 95CW317. (3) Date: June

13, 1997. (4) Subsequent decrees: 03CW146, 12CW16. Location: NE1/4, SW1/4, Section 3, Township 8 South, Range 88 West of the

6th P.M. at a point whence the southwest corner of Section 3, bears South 54° 23’7’’ West a distance of 3,145.72 feet. This location is

also described as at a point in the NE1/4 SW1/4, Section 3, T. 8. S., R. 88. W., of the 6th P.M. 1900 feet from the south section line and

2675 feet from the east section line, based on BLM PLSS. Source: Crystal River, tributary to Roaring Fork River, tributary to Colorado

River. Appropriation date: November 15, 1995. Amount: 2.0 cfs, conditional. Uses: irrigation, fish and wildlife propagation limited

to the water surface of the ditches and ponds and adjacent riparian areas, recreation, dust suppression, and fire protection

uses. Land Ownership: Applicant. (D) RVR Pump and Pipeline No. 2. Decree information: (1) Court: District Court, Water Division

No. 5. (2) Case: 95CW317. (3) Date: June 13, 1997. (4) Subsequent decrees: 03CW146, 12CW16. Location: SW1/4, NW1/4, Section

3, Township 8 South, Range 6 88 West of the 6th P.M. at a point whence the southwest corner of said Section 3 bears South 19° 14’25’’

West a distance of 3,366.75 feet. This location is also described as at a point in the SW1/4 NW1/4 of Section 3, T. 8 S., R. 88 W. of the





OCTOBER 2018 RESUME


6th P.M. 3200 feet from the south section line and 1400 feet from the west section line. Source: Crystal River, tributary to Roaring Fork

River, tributary to Colorado River. Appropriation date: November 15, 1995. Amount:2.0 cfs, conditional. Uses: irrigation, fish and

wildlife propagation limited to the water surface of the ditches and ponds and adjacent riparian areas, recreation, dust

suppression, and fire protection uses. Land Ownership: RVR Golf, LLC, 303 River Valley Ranch Drive, Carbondale, CO 81623.

A detailed outline of activity during the diligence period is included in the Application. (7 Pages)






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