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DIVISION 5 WATER COURT- SEPTEMBER 2013 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 SEPTEMBER 2013. 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.
13CW58 (CA3431 as changed by W-2082) GARFIELD COUNTY-MIDDLE ELK CREEK, TRIBUTARY TO ELK CREEK,
TRIBUTARY TO THE COLORADO RIVER. Charles E. Shupe & Annette R. Wescott; 5320 C.R. 243; New Castle, CO 81647
(970)984-2101. Hadley Consolidated Ditch-Hadley Ditches 1-4 – Application for Change of Water Right. Decreed location: west
bank of Middle Elk Creek in Sec. 23, T.4S., R.91W. of the 6th
P.M. which bears N14º00’West, 4.4 chains (290.4 ft.) from Corner No.
6 of the H.E.S. 54 in said Township and Range. Source: Mid. Elk Creek, trib. Elk Creek, trib. Colorado River. Approp. Date:
March 4, 1921. Amount of water applicants intend to change: 0.3 c.f.s., absolute for irrigation purposes. Proposed change in place of
use to irrigate acreage in: NW¼SW¼ of Sec. 23, T.4S, R.91W. of the 6th
P.M. 1,333 ft. from the south sec. line and 920 ft. from the
west sec. line. Proposed change in point of diversion: NW¼SE¼ of Sec. 26, T.4S, R.91W. of the 6th
P.M. ,2070 ft. from the south sec.
line and 1,976 ft. from the east sec. line. (9 pgs.)
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 2013 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 HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO
81601.
2. 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 SEPTEMBER 2013. 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.
13CW59(07CW28) GARFIELD COUNTY- DRY HOLLOW CREEK TRIBUTARY TO THE COLORADO RIVER. Thomas
S. Platzer; 2694 C.R. 331; Silt, CO 81652 (970)876-2174 and Steven R. Schubert; 3694 C.R. 331; Silt, CO 81652 (970)876-5436. L &
T Pump Station-Application for Finding of Reasonable Diligence. Location: NE¼SW¼ of Sec. 27, T.6S, R.92W. of the 6th
P.M. 1,875
ft. from the south sec. line and 2,120 ft. from the west sec. line. Appropriation: 7.14.92 Amount: 2.1 c.f.s., conditional. Use: 2.0 c.f.s.
for irrigation and 0.1 c.f.s. for domestic and livestock watering. An outline of work performed during the diligence period is included
in the application. (16 pages)
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 2013 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 HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO
81601.
3. 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 SEPTEMBER 2013. 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.
13CW60 (04CW6)EAGLE COUNTY- CENTER CREEK TRIBUTARY TO THE FRYING PAN RIVER, TRIBUTARY TO
THE ROARING FORK RIVER TRIBUTARY TO THE COLORADO RIVER. Robert & Ginger Janssen; P.O. Box 1506;
Basalt, CO 81621 (970)618-6410. Janssen Power & Light Pipeline-Application to Make Absolute in Whole or in Part. Location:
NW¼SE¼ of Sec. 5, T.8S, R.86W. of the 6th
P.M. 2,460 ft. from the south sec. line and 1,750 ft. from the east sec. line.
Appropriation: 7.7.97 Amount: 150 g.p.m. Use: micro-hydroelectric generation and fire suppression. An outline of work performed
during the diligence period is included in the application. (8 pgs.)
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 2013 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 HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO
81601.
4. 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 SEPTEMBER 2013. The water right claimed by this
SEPTEMBER 2013 RESUME
WATER DIVISION 5 PAGE 2
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.
13CW61 (06CW159) GARFIELD COUNTY-SPRING TRIBUTARY TO EAST ELK CREEK, TRIBUTARY TO MAIN ELK
CREEK, TRIBUTARY TO THE COLORADO RIVER. David & Kammy Young; P.O. Box 3780; Eagle, CO 81631 (970)984-
2137. Young Spring-Application to Make Absolute in Whole or in Part. Location: NE¼NW¼ of Sec. 7, T.5S., R.90W. of the 6th
P.M.
854 ft. from the North sec. line and 1,482 ft. from the West sec. line. Appropriation: 10.13.05 Amount: 0.033 c.f.s, absolute. Uses:
irrigation of one acre and livestock water. An outline of work completed during the diligence period is included in the application. (18
pgs.)
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 2013 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 HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO
81601.
5. 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 SEPTEMBER 2013. 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.
13CW3043 PITKIN COUNTY, SPRINGS TRIBUTARY TO WOODY CREEK, ROARING FORK RIVER, COLORADO
RIVER. Michael Craig, P O Box 1837, Carbondale, CO 81623, 970-948-9568, [email protected]. Applicant’s
Attorney: Mark A. Hermundstad, Williams, Turner & Holmes, P.C.; 200 North 6th
Street; P.O. Box 338; Grand Junction, CO 81502;
(970) 242-6262; [email protected]. Application for Conditional Surface Water Right and Conditional Water Storage Right.
First Claim: Application For Surface Water Right. Structure: Cleverly Springs, Type: Spring. Legal Description: The point of
diversion of the springs is located in the SE¼ NE¼ SE¼ of Sec. 15, T 9 S, R 85 W, 6th
P.M. UTM coordinates: Northing:
4348121.357; Easting: 339586.893;UTM; Zone 13; Units: meters; NAD83; true North; see map attached to Application as Figure 1.
Source: Springs tributary to Woody Creek, tributary to the Roaring Fork River, tributary to the Colorado River. Appropriation Date:
August 9, 2013. Amount Claimed: 0.022 c.f.s. (10 g.p.m.), conditional. Proposed Use: The Cleverly Springs will be used to fill the
Cleverly Springs Tank, described in the Second Claim, below. The water will then be used for fire protection purposes and for the
irrigation of lawns, gardens, landscaping and other vegetation on Pitkin County Assessor Parcel No. 264314300002, which parcel is
described on Exhibit A, attached to the Application. The maximum area to be irrigated is 1 acre. Landowner: The point of diversion
will be located on land owned by Applicant. Second Claim: Application For Water Storage Right: Name of Storage Facility: Cleverly
Springs Tank; Legal Description: The Cleverly Springs Tank is located in the in the SE¼ NE¼ SE¼ of Sec. 15, T 9 S, R 85 W, 6th
P.M. UTM coordinates: Northing: 4348133.276; Easting: 339569.996; UTM; Zone 13; Units: meters; NAD83; true North; see map
attached to Application as Figure 1. Source: The Cleverly Springs Tank is an off-channel storage facility that will be filled from the
Cleverly Springs, described in the First Claim, above. Name of ditch (spring) used to fill tank and capacity: Cleverly Springs: 0.022
c.f.s.; Legal description of point of diversion: Cleverly Springs: See above. Appropriation Date: August 9, 2013; Amount Claimed:
0.015 acre feet (5,000 gallons), conditional, together with the right to fill and refill the storage tank when water is available in priority.
The Cleverly Springs Tank will be filled by water diverted from the Cleverly Springs at a maximum rate of 0.022 c.f.s. (10 g.p.m.);
Proposed use:The water stored in the Cleverly Springs Tank will be used for fire protection purposes and for the irrigation of lawns,
gardens, landscaping and other vegetation on the parcel of land described above. Dam and Reservoir Information: The Cleverly
Springs Tank will be a storage tank with a maximum capacity of 5,000 gallons. Total Capacity: 0.015 acre feet (5,000 gallons); Active
Capacity: 0.015 acre feet (5,000 gallons); Dead Storage: 0 acre feet Landowner: The storage tank will be located on land owned by
Applicant. (7 pages)
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 2013 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 HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO
81601.
6. 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 SEPTEMBER 2013. 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.
SEPTEMBER 2013 RESUME
WATER DIVISION 5 PAGE 3
13CW3044 GARFIELD COUNTY. W. MAMM CREEK AND NANCY AND BARBARA SPRING, TRIBUTARY TO
MAMM CREEK, TRIBUTARY TO THE COLORADO RIVER. Application for Finding of Reasonable Diligence and Notice of
Partial Abandonment. Applicants: Barbara A. Pitman and Nancy S. Pitman, c/o Balcomb & Green, P.C., PO Drawer 790, Glenwood
Springs, CO 81602. Structure: Jonathan Gant Reservoir, First Enl. Desc. of Cond. Water Rights: Orig. Decree: 3/12/1976, Case No.:
W-1622, Dist. Ct, Water Div. No. 5, State of Colorado. Subsequent decrees finding reasonable diligence: Cases No. 80CW440,
84CW44, 88CW49, 94CW40, 00CW144, and 06CW247, all District Court, Water Division 5. Legal Description: NE1/4 NW1/4, Sec.
23, T. 7 S., R. 93 W., 6th P.M. at a pt. whence the N. Quarter Corner of said Sec. 23 bears N. 44 deg. 35’ E., 1,714 ft. Date of Approp:
8/28/1972. Amt: 61.60 AF, cond., Applicants request a finding of diligence on ten of the 61.60 AF and abandon the remaining 51.60
AF. Use: Irr. In the diligence period preceding the filing of this application, Applicants have diligently pursued development of the
subject cond. water rights. Examples of work done to establish diligence are on file with this court. Notice of intent to abandon portion
of water right. Applicants have determined that an additional 10 AF may be stored and put to beneficial use in the Jonathan Gant
Reservoir. Therefore, Applicants provide notice of their intent to abandon the remaining 51.6 AF, cond., decreed to the Jonathan Gant
Reservoir, First Enl. Applicants are claiming diligence on the remaining 10 AF. Applicants are the owners of the land upon which any
new diversion or storage structure of modification to any existing diversion or storage structure or existing storage pool is or will be
constructed or upon which water is or will be stored. (5 pgs.).
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 2013 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 HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO
81601.
7. 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 SEPTEMBER 2013. 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. 13CW3045 CONCERNING THE APPLICATION FOR WATER RIGHTS OF THE CITY OF COLORADO SPRINGS,
COLORADO, ACTING THROUGH COLORADO SPRINGS UTILITIES, AND THE CITY OF AURORA, COLORADO,
ACTING BY AND THROUGH ITS UTILITY ENTERPRISE, BOTH ACTING BY AND THROUGH THE HOMESTAKE
STEERING COMMITTEE IN THE EAGLE RIVER AND CERTAIN TRIBUTARIES THEREOF, IN EAGLE, LAKE, AND
PITKIN COUNTIES. APPLICATION FOR A FINDING OF DILIGENCE AND TO MAKE WATER RIGHTS ABSOLUTE
IN PART. 1. Name, address and telephone number(s) of Applicants: City of Colorado Springs, acting by and through its enterprise,
Colorado Springs Utilities, c/o Water Services Division, 121 South Tejon Street, MC0950, Colorado Springs, Colorado 80903, Phone:
(719) 668-8000, and: City of Aurora, acting by and through its Utilities Enterprise, c/o Utilities Department, 15151 E. Alameda
Parkway, Suite 3600, Aurora, Colorado 80012, Phone: (303) 695-7370. Both acting through the Homestake Steering Committee.
Pleadings should be served on the undersigned counsel for the Applicants. 2. Names of Structures: A. Homestake Conduit; B. East
Fork Conduit; C. Homestake Tunnel; D. Homestake Reservoir; E. Eagle-Arkansas Ditch, all of which are component parts of the
Homestake Project, a joint venture of the City of Colorado Springs and the City of Aurora. 3. Describe conditional water rights: A.
Date of Original Decree: June 8, 1962; Case No.: CA1193; Court: Eagle County District Court. B. List all subsequent decrees
awarding findings of diligence: (1) September 17, 2007; Case No. 06CW225; Division 5 Water Court; (2) October 2, 2000; Case No.
00CW37; Division 5 Water Court; (3) March 14, 1994; Case No. 90CW117; Division 5 Water Court; (4) March 6, 1987; Case No.
86CW141; Division 5 Water Court; (5) September 27, 1984; Case No. 82CW120; Division 5 Water Court; (6) August 19, 1980; Case
No. W-2321-78; Division 5 Water Court; (7) December 12, 1974; Case No.W-2321; Division 5 Water Court; (8) June 14, 1973; Case
No. W-620; Division 5 Water Court; (9) June 14, 1971; Case No. W-45; Division 5 Water Court; (10) July 10, 1968; Case No. CA-
1193; Eagle County District Court. C. Locations (Legal Descriptions from the most recent decree that adjudicated the locations; N.B.
Decree in 95CW272A, which changed points of diversion of Homestake Conduit): (1) Homestake Conduit. (a) Blodgett Reservoir:
located on Homestake Creek within the NE¼ of the NE¼ of Section 6, T7S, R80W of the 6th
P.M. at a point approximately 1,050 feet
south of the north section line and 800 feet west of the east section line, Eagle County, Colorado. (b) Homestake Creek Intake: located
within the NE¼ of the SE¼ of Section 31, T6S, R80W of the 6th
P.M. Eagle County, Colorado, at a point on Homestake Creek
approximately 1,900 feet North of the South section line and 75 feet West of the East section line. (c) Turkey Creek Intake: located
within the SW¼ of the NW¼ of Section 20, T6S, R80W of the 6th
P.M., Eagle County, Colorado at a point on Turkey Creek
approximately 1,500 feet South of the North section line and 880 feet East of the West section line. (d) Cross Creek Intake of Eagle-
Cross Pump and Pipeline: located within the SE¼ of the SW¼ Section 36, T5S, R81W of the 6th
P.M. at a point on Cross Creek
approximately 2,000 feet East of the West section line and 1,250 feet North of the South section line. (e) Fall Creek Intake of Eagle-
Cross Pump and Pipeline: located within the SW¼ of the NW¼ of Section 13, T6S, R81W of the 6th
P.M. at a point on Fall Creek
approximately 4,300 feet East of the West section line and 2,400 feet South of the North section line. (f) Peterson Creek Intake of
SEPTEMBER 2013 RESUME
WATER DIVISION 5 PAGE 4
Eagle-Cross Pump and Pipeline: located within the NW¼ of the NE¼ of Section 24, T6S, R81W of the 6
th P.M. at a point on Peterson
Creek approximately 1,400 feet West of the East section line and 1,100 feet South of the North section line. (g) Eagle River Diversion
of Eagle-Cross Pump and Pipeline: located within the SE¼ of the SW¼ of Section 19, T6S, R80W of the 6th
P.M. at a point on the
Eagle River approximately 1,100 feet North of the South section line and 1,750 feet East of the West section line. (h) French Creek
Intake: S 82◦ 18.3’E 20, 988 ft. to NW cor 31-7S-80W. (i) Fancy Creek Intake: N 85
◦ 10.5’E 25, 280 ft. to NW cor 31-7S-80W. (j)
Missouri Creek Intake: N 77◦ 12.4’E 28, 800 ft. to NW cor 31-7S-80W. (k) Sopris Creek Intake: N 74
◦ 7.6’E 29, 848 ft. to NW cor 31-
7S-80W. (l) Peterson Creek Intake: Alternate Point: S 64° 05’E 6,822 ft. to NW cor Section 6, Township 7 South, Range 80 West S
76° 2.9’ E 6, 474 ft. to NW cor Section 6, Township 7 South, Range 80 West. Pursuant to the decree in Case No . 95CW272A, the
structures described in Paragraphs 3.C.(1)(a) – (l) above are points of diversion and alternate points of diversion for the decreed
Homestake Conduit water rights described in Table 1 below:
TABLE 1 – Homestake Conduit
Stream or
Source
of Supply
Diversion Points Amounts
A= Absolute; C=
Conditional
Unnamed Creek (near
Cross Creek below
West Cross confluence
– Homestake Conduit)
Blodgett; Homestake Creek Intake (HC); Turkey Creek Intake
(TC); Cross Creek Intake (CC); Fall Creek Intake (FC);
Peterson Creek Intake of Eagle-Cross Pump and Pipeline
(PC2); Eagle River Intake (ER)
60 cfs C
West Cross Creek Blodgett; HC; TC; CC; FC; PC2; ER 200 cfs C
Cross Creek Blodgett; FC; PC2; ER 300 cfs C
East Cross Creek Blodgett; FC; PC2; ER 130 cfs C
Fall Creek Blodgett; FC; PC2; ER 260 cfs C
Peterson Creek Blodgett; FC; Peterson Creek (PC1); PC2; ER 50 cfs C
Unnamed Creek
(tributary to Homestake
Creek – Homestake
Conduit)
Blodgett; FC; PC2; ER 50 cfs C
Whitney Creek Blodgett; FC; PC2; ER 80 cfs C
French Creek French Creek Intake 60.1 cfs A
French Creek French Creek Intake, Blodgett, HC, TC, CC, FC, PC2, ER 119.9 cfs C
Fancy Creek Fancy Creek Intake 38.6 cfs A
Fancy Creek Fancy Creek Intake; Blodgett, HC, TC, CC, FC, PC2, ER 91.4 cfs C
Missouri Creek Missouri Creek Intake 39.8 cfs A
Missouri Creek Missouri Creek Intake; Blodgett, HC, TC, CC, FC, PC2, ER 80.2 cfs C
Sopris Creek Sopris Creek Intake 41.3 cfs A
Sopris Creek Sopris Creek Intake; Blodgett, HC, TC, CC, FC, PC2, ER 118.7 cfs C
Small unnamed
streams, seeps, sheet
flows and ground
waters along conduit
Blodgett, HC, TC, CC, FC, PC2, ER 120 cfs C
SEPTEMBER 2013 RESUME
WATER DIVISION 5 PAGE 5
Total . . . . . . . . . . . . 179.8 c.f.s A
1,660.2 c.f.s C
(2) East Fork Conduit. The East Fork Conduit diverts water from the East Fork of Homestake Creek pursuant to its appropriation of
70.8 cubic feet per second of time ABSOLUTE and 189.2 cubic feet per second of time CONDITIONAL therefrom and conveys these
waters to Homestake Reservoir for conveyance to Homestake Tunnel or storage in the reservoir, said East Fork Conduit having a
capacity of 260 cubic feet per second of time and a total length of approximately 3093 feet. The point of diversion of said conduit is
on East Fork Homestake Creek at a point whence the Northwest Corner of Section 31, T7S, R80W bears North 55° 40.5' East, 22,917
feet. (3) Homestake Tunnel. Homestake Tunnel under the Continental Divide for the conveyance of water into the Arkansas River
Basin with its intake located at a point under Homestake Reservoir whence the Northwest corner of Section 10, T9S, R81 W of the 6th
P.M. bears South 15° 27’08” East 26,173.03 feet appropriates a maximum amount of 10 cubic feet per second of time
CONDITIONAL of water seeping and percolating into Homestake Tunnel from former Water District No. 37 areas and 300 cubic feet
per second of time ABSOLUTE from Middle Fork of Homestake Creek, at its said Northerly portal, its point of diversion; said tunnel
has a length of 27,400 feet and a capacity of 700 cubic feet per second of time. The tunnel will convey out of former Water District
No. 37 up to 700 cubic feet per second of time of waters appropriated by the tunnel from the Middle Fork of Homestake Creek,
together with water appropriated by the tunnel from the Homestake Creek and East Fork Conduits and Homestake Reservoir, to an
outlet at a point from where the Northwest corner of Section 10, T9S, R81W of the 6th
P.M. bears North 6°40'52" East, a distance of
2,173.54 feet. (4) Homestake Reservoir. Homestake Reservoir, also known as Elliott-Weers Reservoir, has a capacity of 83,338.98
acre feet CONDITIONAL, is located on Homestake Creek with a dam whence Homestake Peak bears South 73° 26' East 10,477 feet
from the easterly end thereof and South 74° 57' East 13,347 feet from the westerly end thereof, said dam having a maximum height of
411.5 feet and a length of 3,380 feet. The sources of supply of said reservoir are Homestake Conduit (the sources of this conduit as set
forth in paragraph [3.C.(1)], East Fork Conduit (the source of this conduit as set forth in paragraph [3.C.(2)], the Middle Fork of
Homestake Creek and Homestake Creek and said reservoir has appropriated for storage 83,338.98 acre feet annually from said
sources. Homestake Reservoir also conveys water from Homestake Conduit and East Fork Conduit to Homestake Tunnel. Existing
Homestake Reservoir has a storage capacity of 43,504.7 acre feet ABSOLUTE and is located on Homestake Creek with a dam whence
the NW Corner of Section 31, T7S, R80W of the 6th
P.M. bears North 58° 30.6' East 24,659 feet from the East dam abutment and
North 62° 25.8' East 25,746 feet from the West dam abutment; said dam has a maximum height of 265.0 feet and a length of 1,996
feet. The sources of supply of said existing Homestake Reservoir are Homestake Conduit, East Fork Conduit, the Middle Fork of
Homestake Creek and Homestake Creek. Existing Homestake Reservoir has appropriated 43,504.7 acre feet annually from said
sources and also conveys water from Homestake Conduit and East Fork Conduit to Homestake Tunnel. (5) Eagle-Arkansas Ditch. The
Eagle-Arkansas Ditch receives and delivers into the Tennessee Pass Tunnel for conveyance under the Continental Divide and out of
former Water District No. 37 into the Arkansas River Basin the water appropriated from the sources as described in Table 2 below:
TABLE 2 – Eagle-Arkansas Ditch
Stream or
Other Source
of Supply
Point of Diversion
(Bearing and distance to land corners of the Sections, Ranges and
Townships Indicated, all refer to 6th
P.M.)
Amount (c.f.s.)
A = Absolute
C = Conditional
Cataract Creek S 54◦ 46’35”W 3,147.15 ft. to E/4 cor Sec 24-7S-80W 90 C
Sheep Gulch S 61◦ 59’03”W 262.66 ft. to NW cor Sec 29-7S-79W 20 C
East Fork Eagle
River
N 27◦ 54’39”E 1,328.12 ft. to E/4 cor Sec 32-7S-79W 230 C
Jones Gulch N 29◦ 19’38”E 826.82 ft. to E/4 cor Sec 26-7S-80W 90 C
Fiddler Creek N 83◦ 20’47”W 1,360.22 ft. to NW cor Sec 2-8S-80W 30 C
Taylor Gulch S 9◦ 66’55”W 6,128.68 ft. to SW cor Sec 11-8S-80W 20 C
Piney Creek S 52◦ 18’04”W 2,193.82 ft. to SW cor Sec 11-8S-80W 20 C
Small unnamed streams, springs, seeps, sheet flows and ground water along Eagle-
Arkansas Ditch, one of which is located at a point on an unnamed tributary of the East
Fork of The Eagle River whence the S¼ cor of S¼ cor of Sec 29-7S-79W of the 6th
P.M.
bears S60◦9'47"W, a distance of 1,551.06 ft.
30 C
________
SEPTEMBER 2013 RESUME
WATER DIVISION 5 PAGE 6
Total . . . . . . . . . . . . 530 C
D. Sources: The Sources of the Homestake Project Water Rights are described in Paragraphs 3.C.(1) through 3.C.(5) above. E.
Appropriation Date: For all water rights of the Homestake Project: September 22, 1952. Amounts: The component parts of the
Homestake Project were awarded conditional priorities in the amounts set forth in paragraphs 3.B.(1) through 3.B.(5) above, and
overall amounts and ditch or reservoir numbers and priority numbers as set forth on Table 3 below:
TABLE 3 – Homestake Project Priorities and Amounts
Number
of
Ditch
Name of
Ditch or Reservoir
Homestake Project
Original
Construction or
Enlargement
Priority
No.
Water
Allowed
A = Absolute
C = Conditional
358 ½ A Homestake Conduit Original 536 ½ A 179.8 cfs A
1660.2 cfs C
358 ½ B East Fork Conduit Original 536 ½ B 70.8 cfs A
189.2 cfs C
358 ½ C Homestake Tunnel Original 536 ½ C 10.0 cfs C (10 cfs is
seepage & percolation)
300 cfs A
358 ½ D Homestake Reservoir Original 536 ½ D 43,504.7AF A
83,338.98AF C
358 ½ E Eagle-Arkansas Ditch Original 536 ½ E 530 cfs C
F. Decreed Uses: (1) The Homestake Project comprises a system of works, including ditches, tunnels and reservoirs, for the collection,
diversion, storage, regulation, and transportation of water to supply the water works and water systems of the City of Colorado
Springs, the City of Aurora and other entities and persons as may use the water from the City of Colorado Springs and City of Aurora
for domestic and municipal uses, and other uses made of water furnished through municipal and other water systems furnishing water
to inhabitants of municipalities and suburban areas, including in such uses, but not by way of limitation or exclusion, domestic and
household uses, industrial, business and mechanical uses, generation of power, sewage treatment, street sprinkling and washing,
watering of parks, lawns and gardens, fire protection and other use as may be necessary or proper to safeguard the health and welfare
of the persons and communities using this water, including such uses as may be necessary, proper, or incident to providing a safe, firm
and adequate supply of water for the present and future water needs of the communities and the inhabitants thereof to be served by this
water supply. (2) In addition, pursuant to the decree in Case No. 95CW272A, the decreed uses include: (a) Exchange, augmentation,
aquifer recharge, municipal, irrigation, commercial, domestic, industrial, snowmaking, recreation, fishery, wetland creation and irrigation,
wildlife and including delivery to the Cities of Aurora and Colorado Springs, Colorado, for all such uses, and for reuse and successive use
to extinction by the Cities of all such water delivered to the Eastern Slope. (b) Description of Non-Irrigation Purposes: Applicants may
utilize the storage rights for purposes of developing their vested or conditionally decreed water rights, including those for the Homestake
Project; for transmountain diversions directly to the Eastern Slope; and for meeting federal, state and local permit conditions that necessitate
the use of water resources. Applicants may also use or transport water from this source for municipal, commercial, domestic, industrial,
snowmaking, recreation, fishery, wildlife, exchange, and augmentation uses in the service areas of the Colorado River Water Conservation
District, the Upper Eagle Regional Water Authority, and the Eagle River Water and Sanitation District as they now or hereafter exist, and
of Cyprus-Climax Metals Company and Vail Associates, as they now exist. Water delivered to the Eastern Slope may be used within any
area capable of being served by these diversion and storage points and the Applicants’ municipal water supply systems for any water supply
obligations of Applicants for municipal and domestic purposes including, but not limited to, fire protection, irrigation of lawns, gardens,
parks, private and municipal facilities, sanitary, commercial, manufacturing, mechanical and industrial use, recreational purposes, creation
and maintenance of wetlands, stock watering, fish and wildlife propagation, allowable instream uses, if any, snowmaking, revegetation,
storage and maintenance of storage reserves, reservoir evaporation replacement, augmentation, exchange, and replacement purposes, and
for use, reuse for successive uses, disposition following initial use, and reuse until extinction. (c) Total Number of Acres Proposed to be
Irrigated: Up to 275 acres within Eagle Park as described below. Applicants also reserve the right to use the water decreed herein for
irrigation purposes within their respective water service areas. Legal Description of Acreage Irrigated or to be Irrigated: The acreage to be
irrigated on the Western Slope is located entirely within T7S, R80W of the 6th P.M in an area comprising approximately 1,450 surface
acres, in the following sections, commonly known as Eagle Park or Camp Hale (“Eagle Park”): Section 3: Part of the SW¼ of the SW¼.
Section 4: Part of the SE¼. Section 9: Part of the E½. Section 10: Part of the W½ of the NW¼, Part of the NW¼ of the SW¼, Part of the
S½ of the SW¼, Part of the SW¼ of the SE¼. Section 15: Part of the W½, Part of the W½ of the NE¼, Part of the SE¼. Section 16: Part of
SEPTEMBER 2013 RESUME
WATER DIVISION 5 PAGE 7
the E½ of the NE¼, Part of the NW¼ of the NE¼. Section 22: Part of the E½, Part of the E½ of the NW¼, Part of the NE¼ of the SW¼.
Section 23: Part of the S½, Part of the S½ of the NW¼, Part of the SW¼ of the NE¼. Section 24: Part of the SW¼. (d) Augmentation Use.
Augmentation use of the water diverted on the subject rights on the Western Slope may be made in the service areas of the Colorado
River Water Conservation District, the Upper Eagle Regional Water Authority, and the Eagle River Water and Sanitation District, as
they now or hereafter exist and of Cyprus-Climax Metals Company and Vail Associates, as they now exist, pursuant to agreement
with the Applicants and in accordance with the terms of separately decreed augmentation plans providing for such use for the
structures to be augmented. (e) Reuse and Successive Use to Extinction: Water imported to the Eastern Slope may be used, reused,
successively used, and fully consumed on the Eastern Slope. No reuse or successive use of the water rights shall be made on the
Western Slope without a subsequent proceeding confirming such reuse or successive use. The 95CW272A Decree neither precludes
the Applicants or their privies in interest from claiming a right of reuse of the changed water rights on the Western Slope, nor confirms
a right to reuse or successive use of such water on the Western Slope, creates any presumption, shifts the burden of proof, or serves as
a defense in such subsequent proceeding. G. Depth (if well): N/A. 4. Integrated System: The Homestake Project is an integrated water
supply project including the foregoing conditional and absolute water rights and collection, storage, and transmission structures, as
well as additional related water rights and facilities located in the Colorado, Arkansas, and South Platte River basins. Further, the
Homestake Project is integrated into the integrated water supply systems of the City of Colorado Springs and the City of Aurora.
Diligence in the development of any conditional water right or any portion of the integrated systems shall be considered in
determining diligence as to all conditional water rights and portions of the integrated system. 5. 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: A. Diligence activities: The Applicants engaged in extensive work during the diligence period to develop the
subject water rights, comprising work to advance and effect application of the conditional rights to beneficial use, work to maintain
and protect existing infrastructure and water rights needed for development and use of the subject water rights, and work in
maintaining, protecting, and developing the Applicants’ respective integrated water supply systems, including the following: (1)
During the diligence period, the Applicants completed adjudication in the Division 5 Water Court of Case No. 95CW272, an
application for groundwater and surface water rights in the Eagle River Basin, including additional water rights for use in conjunction
with the subject water rights, changes of certain of the subject conditional water rights to allow additional uses and facilitate their
development, and augmentation plans including exchanges to facilitate development of the integrated Homestake Project. The
Applicants engaged in extensive engineering study and negotiations with objectors regarding the water rights at issue in the case; in
2010, they bifurcated the case into surface and groundwater components, completed negotiations with objectors regarding the surface
water case component (95CW272A), and presented their prima facie case in support of entry of a decree in the surface water case
component, which was entered on March 16, 2011. That decree adjudicated changes of water right and exchanges involving the
subject water rights, as well as new surface water rights to be developed and used in conjunction with and as part of the integrated
Homestake Project. (2) On February 24, 2010, the Applicants secured entry of a decree in Case No. 08CW111, Water Division No. 5
confirming diligence and continuing in effect conditional water rights originally decreed in Case No. 88CW449, which comprise part
of the integrated Homestake Project. (3) On October 10, 2010, the Applicants, with certain West Slope co-applicants, secured entry of
a decree in Case No. 09CW107, Water Division No. 5, confirming diligence and continuing in effect water rights originally decreed in
Case No. 98CW270, which involve the subject water rights. (4) During the diligence period, the Applicants have pursued development
of infrastructure required to develop the subject water rights, including the subject water rights decreed to the Eagle-Arkansas Ditch.
To that end, the Applicants have secured engineering studies by staff and outside engineering consultants (Black and Veatch and
Grand River Consulting) of potential diversion, storage, and transmission structures, alinements, and operations to collect and
transport the decreed water. (5) The Applicants continued to pursue development of their groundwater supply project located in the
Camp Hale area of the Eagle River basin during the diligence period. They undertook extensive groundwater engineering and
modeling efforts to characterize the aquifer and its relationship with surface waters; negotiated with objectors regarding the
groundwater component of Case No. 95CW272 (95CW272B); and also secured a decree continuing the conditional groundwater
rights decreed in Case No. 88CW449 (see above). They also negotiated with the Eagle Park Reservoir Company and its members
regarding joint development of a groundwater project in the Camp Hale area. The Applicants subsequently concluded that it would not
be economically feasible under current conditions to develop the additional groundwater sought in Case No. 95CW272B, and
therefore dismissed that portion of Case No. 95CW272 without prejudice in August, 2013. (6) The Applicants continued to pursue
development of a joint project or projects as contemplated by the 1998 Eagle River MOU with Vail Associates, Upper Eagle River
Regional Water Authority, Eagle River Water and Sanitation District, Cypress Climax Mining Company and the Colorado River
Water Conservation District. In pursuit of the project, the Applicants engaged in discussions and negotiations regarding joint
development of the Camp Hale groundwater project (see above), as well as discussion of other potential joint projects and initiatives.
(7) On January 5, 2010, the Applicants entered into a Consolidated Water Exchange Agreement with the Eagle Park Reservoir
Company, Colorado River Water Conservation District, Eagle River Water and Sanitation District, Upper Eagle Regional Water
Authority, and Vail Associates, Inc. revising, consolidating, and expanding prior agreements among the parties by which water is
augmented into Homestake Reservoir and water is released from the reservoir to or for the benefit of the West Slope parties; on
January 26, 2010, Applicant City of Aurora entered into a Water Delivery Agreement with the Eagle Park Reservoir Company
involving the subject water rights. (8) During the diligence period, the Applicants participated in the development of the Upper
SEPTEMBER 2013 RESUME
WATER DIVISION 5 PAGE 8
Colorado River Wild and Scenic Stakeholder Group Management Plan to protect outstanding resource values in segments 4 through 7
of the Colorado River mainstem that was submitted to the Bureau of Land Management in 2011, and have continued to participate in
the alternative plan proposed and set out in the Management Plan. In this connection, the Applicants have worked to ensure that
development of the subject water rights and the integrated Homestake Project will be consistent with wild and scenic river
management of the Colorado River segments 4 through 7. (9) During the diligence period, the Applicants have participated in the
Camp Hale – Eagle River Headwaters Collaborative, and its efforts to develop initiatives to preserve, protect and rehabilitate the
Camp Hale area. In this connection, the Applicants have worked to ensure that efforts to rehabilitate and/or develop the land areas and
to develop the subject water rights and integrated Homestake Project are consistent and harmonious. (10) During the diligence period,
the Applicants have supported and participated in the Eagle River Watershed Council Board and its activities to protect and enhance
the natural, scenic, and economic values that rivers and tributaries provide, and to promote the interconnected conservation values the
watershed represents to diverse interest groups that benefit from its continued health. In this connection, the Applicants have worked
to ensure that development of the subject water rights and the integrated Homestake Project will be consistent with the watershed
activities, education, and restoration efforts of the Eagle River Watershed Council. (11) During the diligence period, the Applicants
have supported and participated in the Eagle River Watershed Water Quality Data Collection and Assessment Program, which began
with a United States Geological Survey Eagle River Watershed Retrospective Assessment Program. The continued monitoring and
assessment efforts are currently coordinated through the Eagle River Watershed Council to identify water quality conditions and
trends. In this connection, the Applicants have worked to understand water quality conditions and potential negative and positive
effects for potential diversion, storage, transmission alignments and operations to collect and transport the subject water rights. (12)
During the diligence period the Applicants have made capital improvements to existing structures and facilities of the Homestake
Project, including the on-going Homestake Dam Rehabilitation Project. In connection with that project, planning for which began in
2009, the Applicants have obtained land use review and permits from local governmental authorities and the United States Forest
Service, executed an approved Substitute Water Supply Plan to address potential out-of priority diversion during project construction,
and water agreements with the City and County of Denver and the Eagle Park Reservoir Company in furtherance of the SWSP; and
have and continue to execute and supervise design, construction, and project management contracts for project construction, which
began in 2010, and is anticipated to be completed in 2014. (13) During the diligence period, the Applicants, acting individually or
through the Homestake Steering Committee, have participated in numerous water court applications in Water Division No. 5
involving water rights in the Colorado and Eagle River basins in order to protect the subject water rights, water rights of the integrated
Homestake Project, and water rights of the Applicants’ respective integrated water supply systems, including: application of Eagle
Park Reservoir Company, Case No. 03CW292; application of Colorow at Squaw Creek Homeowners Association, Case No.
04CW084; application of Chevron Shale Oil Company, Case No. 05CW225; application of the Town of Avon, Case No. 05CW258;
applications of CRWCD and Colorado Water Trust, Cases No. 05CW264 and 05CW265; applications of the Town of Eagle, Cases
No. 05CW282, 12CW126; application of Laurence, Eleanor and Kenneth Tracht, Case No. 06CW235; application of the Town of
Gypsum, Case No. 07CW123; application of Eagle River Water and Sanitation District, Case No. 08CW77; application of CRWCD,
et al, Case No. 09CW028; application of Upper Eagle Regional Water Authority, Case No. 09CW160; application of Vail Associates,
Case No. 09CW169; application of Upper Eagle River Water Authority, Case No. 11CW92; application of CLP Income Granby, Case
No. 03CW336; application of Town of Carbondale (RICD), Case No. 06CW77; application of Grand County (RICD), Case No.
10CW298. (14) During the diligence period the Applicants have participated in the Recovery Implementation Program (RIP)
recommended in the Programmatic Biological Opinion for endangered Colorado River fish, and in negotiation and drafting of
arrangements and agreements to secure and provide so-called “10825” water as contemplated by the RIP. (15) During the diligence
period, Applicant City of Aurora pursued development of its integrated water supply system, which comprises water rights and
infrastructure in the Colorado, Arkansas, and South Platte River basins, including the Prairie Waters Project, a large comprehensive
water supply, storage, and treatment project in which return flows to the South Platte River from Aurora’s water sources, including
from the subject water rights, are re-diverted. Aurora secured entry of several decrees for the Prairie Waters Project in Water Division
1, including Case Nos. 03CW414 (decreed on August 1, 2007), Case No. 03CW415 (decreed on May 14, 2008), and Case No.
06CW104 (decreed on May 6, 2009) and has filed an application in August 2013 seeking a finding of reasonable diligence for part of
the Prairie Waters Project, Case No. 03CW414, Water Division 1. (16) During the diligence period, Applicant City of Aurora
participated in numerous water court applications in Water Division No. 2 involving water rights in the Arkansas River basin in order
to protect the subject water rights, water rights of the integrated Homestake Project, and water rights of Aurora’s integrated water
supply system, including: application of UAWCD, Case No. 07CW087; application of Ray E. Dawson, Case No. 08CW035;
application of Donala Water and Sanitation District, Case No. 09CW073; application of Parkville Water District, Case No. 09CW149;
application of the Board of County Commissioners of Lake County, Case No. 11CW086; application of ACA Products, Case No.
11CW093; application of Climax Molybdenum Company, Case No. 12CW124. (17) During the diligence period, Applicant City of
Colorado Springs pursued development of its integrated water supply system, which comprises water rights and infrastructure in the
Colorado, Arkansas, and South Platte River basins, including the Continental-Hoosier Diversion System (Blue River). Colorado
Springs secured entry of a decree in Case No. 06CW132 (decreed March 24, 2009) finding diligence and continuing the conditional
water rights of that project, as well as decrees in Cases No. 03CW314 (decreed March 14, 2012) and 03CW320 (decreed November
19, 2012), Water Division No. 5, adjudicating exchanges to the Blue River from various points in the Colorado River basin, including
SEPTEMBER 2013 RESUME
WATER DIVISION 5 PAGE 9
the Homestake Project, and a plan and method of operation of certain substitution operations involving Colorado Springs’ Blue River
water rights and its Homestake Project water rights, including the subject water rights. Colorado Springs also participated in
negotiations with parties to the 1955 Blue River Decree, the State of Colorado, and others regarding various Blue River Decree
matters, including operations of Green Mountain Reservoir vis-à-vis other Blue River and Colorado River water rights, which have
resulted in an agreed Green Mountain Reservoir Protocol that is pending for adjudication by state and federal courts. Colorado Springs
also participated as an objector in numerous water court cases in Water Division 5 involving water rights in the Blue River basin in
order to protect the subject conditional water rights, the water rights of the integrated Homestake Project, and water rights of Colorado
Springs’ integrated water supply system, including: application of Gary Land and Cattle Company, Cases No. 04CW237 and
04CW238; application of Tiger Run Homeowners Association, Cases No. 06CW68, 06CW71, and 13CW006; application of Strategic
Real Estate, Case No. 06CW253; application of Bill’s Ranch, Case No. 09CW48; applications of Summit County, Cases No.
06CW222 and 10CW43; applications of George and Pamela Beardsley, Cases No. 05CW266 and 05CW267; application of Town of
Breckenridge, Case No. 13CW45; application of Climax Molybdenum Company, Case 12CW176; Application of Snake River Water
District, 12CW175. (18) In addition, during the diligence period, Applicant Colorado Springs continued development of the Southern
Delivery System, a component of its integrated water supply system facilitating delivery of water to the Colorado Springs area.
Colorado Springs completed NEPA review and obtained a Record of Decision approving the project from the Bureau of Reclamation;
secured local land-use permits; and carried out construction of project components. SDS is anticipated to be complete in 2016. B.
Expenditures: The Applicants expended significant amounts in pursuing the diligence activities described above during the diligence
period, including sums tabulated below (covering the period between September, 2006 and September, 2013): (1) Joint Expenditures:
(Integrated Homestake Project). Project Development (capital improvements to existing infrastructure, engineering studies and legal
support): $28,614,272. O&M: $15, 457,377. Total: $44,071,649. (2) Aurora Expenditures: Water Capital Projects (excluding
Homestake): $702,567,000. Prairie Waters Implementation: $508,437,885. Legal Support (Water Court): $268,000. (3) Colorado
Springs Expenditures: Water Capital Projects (excluding Homestake): $446,917,904. SDS: $354,275,494. Legal Support: $374,848. 6.
Claim to make absolute in part: A. French Creek Intake (Homestake Conduit): 1. Structure location: see paragraph 3.C (1)(h). 2. Date
of diversions: July 17, 2008. 3. Details/supporting documentation of diversion and beneficial use: on July 17, 2008, Applicants
measured and diverted in priority 123.34 AF (62.18 cfs) of water into the Homestake Conduit at the French Creek Intake. The water
was conveyed into Homestake Reservoir, and then into the Arkansas River basin via the Homestake Tunnel. It was then conveyed via
the Mt. Elbert Conduit and Forebay, Twin Lakes Reservoir and outlet, Otero Pipeline and Pumping Plant, and Homestake Pipeline, to
storage, treatment, and distribution facilities of the City of Aurora in the South Platte basin and of the City of Colorado Springs in the
Fountain Creek basin. See attached Homestake Project Water Tabulation, July, 2008. 4. Additional amount claimed Absolute: 2.08
c.f.s. Cumulative amount claimed Absolute for this structure: 62.18 c.f.s. Remaining Conditional for this structure: 117.82 c.f.s. 5.
Type and Place of Use: municipal use in the municipal water supply systems of the Cities of Colorado Springs and Aurora. B. East
Fork Conduit: 1. Structure location: see paragraph 3.C (2). 2. Date of diversions: June 5, 2010. 3. Details/supporting documentation of
diversion and beneficial use: on June 5, 2010, Applicants measured and diverted in priority 148.03 AF (74.63 cfs) of water into the
East Fork Conduit. The water was conveyed into Homestake Reservoir, and then into the Arkansas River basin via the Homestake
Tunnel. It was then conveyed via the Mt. Elbert Conduit and Forebay, Twin Lakes Reservoir and outlet, Otero Pipeline and Pumping
Plant, and Homestake Pipeline, to storage, treatment, and distribution facilities of the City of Aurora in the South Platte basin and of
the City of Colorado Springs in the Fountain Creek basin. See attached Homestake Project Water Tabulation, June, 2010. 4.
Additional amount claimed Absolute: 3.83 c.f.s. Cumulative amount claimed Absolute for this structure: 74.63 c.f.s. Remaining
Conditional for this structure: 185.37 c.f.s. 5. Type and Place of Use: municipal use in the municipal water supply systems of the
Cities of Colorado Springs and Aurora. 7. Names and addresses of owner(s) or reputed owners of the land upon which any new
diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which
water is or will be stored, including any modification to the existing storage pool: A. United States Forest Service, Holy Cross Range
District-Dave Neely, District Ranger, P.O. Box 190, Minturn, CO 81645. (Diversion or Storage Structure: Homestake Reservoir; East
Fork Conduit; all Homestake Conduit diversion points; Cataract Creek, Sheep Gulch, East Fork Eagle River, Jones Gulch, and Piney
Creek diversion points of Eagle-Arkansas Ditch). B. United States Forest Service, Leadville Ranger District- Tami Conner, District
Ranger, 2015 N. Poplar St., Leadville, CO 80461. (Diversion or Storage Structure: Homestake Tunnel Inlet and Outlet). C. Marjorie
Westermann, P.O. Box 885, Leadville, CO 80461. (Diversion or Storage Structure: Taylor Gulch diversion of Eagle-Arkansas Ditch).
(Parcel owned is within approximately 100 feet of decreed diversion point). D. Arlon A. Sparkman, 900 W. 7
th Ave. Dr., Broomfield,
CO 80020. (Diversion or Storage Structure: Taylor Gulch diversion of Eagle-Arkansas Ditch). (Parcel owned is within approximately
100 feet of decreed diversion point). E. William D. and Melinda L. Boyd, 2880 So. York St., Denver, CO 80210-6035. (Diversion or
Storage Structure: Fiddler Creek diversion of Eagle-Arkansas Ditch). (Parcel owned is within approximately 100 feet of decreed
diversion point). WHEREFORE, Applicant requests (1) that a finding of reasonable diligence be entered, and the conditional water
rights that are the subject of this application be continued in force; and (2) that the conditional water rights be made absolute as
requested in Paragraph 6 above. (24 pgs.)
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 2013 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
SEPTEMBER 2013 RESUME
WATER DIVISION 5 PAGE 10
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 HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO
81601.
8. 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 SEPTEMBER 2013. 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.
13CW3046 CAPITOL CREEK AND ROARING FORK RIVER. PITKIN COUNTY Applicant: Wieben Ranch, LLC, 201
North Mill Street, Suite 201, Aspen, Colorado 81611, (970) 925-6300; APPLICATION FOR FINDING OF REASONABLE
DILIGENCE. Description of conditional water rights: (1) Capitol Falls Ditch Enlargement. Location: The point of diversion for
the Capitol Falls Ditch Enlargement is located in the NE1/4 SW1/4 NW1/4, Section 35, Township 9 South, Range 87 West of the 6th
Principal Meridian, at a point on the west bank of Capitol Creek about ¾ of a mile below the mouth of Fall Creek and about 200 yards
above what is known as Beaver Dam Falls on Capitol Creek. The description of the point of diversion is derived from the “Findings
and Decree” in CA1907, District Court, Garfield County, Colorado. GPS Coordinates: 319821E, 4343906N, NAD 83, Zone 13 South.
Source: Capitol Creek. Quantity: 1.0 c.f.s. Type of use: Fill and refill Wieben Pond No. 1 and Wieben Pond/Well No. 2 as described
herein, fire protection, stock water, piscatorial, recreational and augmentation. Appropriation date: April 20, 2004. (2) Wieben
Pond No. 1. Location: Wieben Pond No. 1 is located in the SE1/4 NW1/4, Section 18, Township 9 South, Range 86 West of the 6th
Principal Meridian; the outlet for Wieben Pond No. 1 is located 2,600 feet south of the north section line and 2,200 feet east of the
west section line of said Section 18. GPS Coordinates: 323978E, 4348551N, NAD 83, Zone 13 South. Source: Capitol Creek.
Quantity: 5.0 acre feet. Type of use: Fire protection, stock water, piscatorial, recreational and augmentation. Appropriation date:
October 20, 2004. (3) Wieben Pond/Well No. 2. Location: Wieben Pond/Well No. 2 is located in the NW1/4 SE1/4, Section 18,
Township 9 South, Range 86 West of the 6th
Principal Meridian; the outlet point for Wieben Pond/Well No. 2 is 2,330 feet north of the
south section line and 1,710 feet west of the east section line of said Section 18. GPS Coordinates: 324406E, 434839N, NAD 83, Zone
13 South. Source: Ground water tributary to Little Elk Creek, local runoff and the Capitol Falls Ditch Enlargement. Quantity: 4.0
acre feet. Type of use: Stock water, piscatorial and recreational. Appropriation date: May 15, 1980. (4) Wieben Ranch Exchange
Right. Location: As described in the decree in Case No. 06 CW 49. Source: Basalt Water Conservancy District Allotment Contract.
Quantity: 2.0 acre feet. Appropriation date: March 31, 2006. Description 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 Application in this matter contains a detailed description of work undertaken by the Applicant and the expenditures associated
therewith. Remarks: The water rights described in the Application are part of the Applicant’s integrated water supply system for
delivery of water for beneficial use by the Applicant. (5 pages)
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 2013 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 HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO
81601.
9. 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 SEPTEMBER 2013. 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.
13CW3047 PITKIN COUNTY. ROARING FORK RIVER. LW Development, Inc., c/o Patrick, Miller, Kropf & Noto, P.C., Paul
L. Noto, Esq. and Danielle L. Van Arsdale, Esq., 197 Prospector Drive, Suite 2104A, Aspen, CO 81611, (970) 920-1028.
APPLICATION FOR FINDING OF REASONABLE DILIGENCE. First Claim: For Finding of Reasonable Diligence. Name of
structure: K.N.C.B. Moore Ditch Extension. Description of conditional water right: Original decree: Case No. 05CW291, Division 5
Water Court, September 25, 2007. Diligence decree: N/A. Legal description of point of diversion: On the south bank of an unnamed
gulch at a point from which the SW corner of Section 26, Township 9 South, Range 85 West of the 6th
P.M. bears South 8°08’ West
1304.32 feet (Pitkin County). The PLSS description is in the SW ¼ of the SW ¼ of Section 26, Township 9 South, Range 85 West of
the 6th
P.M. at a point approximately 1,270 feet from the south section line and 201 feet from the west section line. Source: An
unnamed tributary of the Roaring Fork River, sometimes referred to as Trentaz Gulch. Appropriation date: October 13, 2005. Amount:
0.33 c.f.s., conditional, of the 1.0 c.f.s., conditional, originally decreed. Applicant owns 0.33 c.f.s., conditional, out of the K.N.C.B.
Moore Ditch Extension only. Use: To fill and refill the Quinn’s Corner Pond, Lizzy Pea’s Pond, and K Bear’s Point Pond conditional
water rights decreed in Case No. 05CW293, Division 5 Water Court, for subsequent aesthetic, recreational, and piscatorial purposes.
SEPTEMBER 2013 RESUME
WATER DIVISION 5 PAGE 11
The refill right is for purposes of replacing water storage lost to evaporation and seepage, and may only be exercised when water is
physically and legally available. Detailed outline of work toward completion of appropriation and application of water to a beneficial
use as conditionally decreed, including expenditures is on file with the Court. The name and address of owners or reputed owners of
the land upon which any new diversion or storage structure, or modification to any existing diversion storage structure is or will be
constructed or upon which water is or will be stored, including any modification to the existing storage pool: The headgate of the
K.N.C.B. Moore Ditch Extension is located upon the common boundary between Applicant’s property, Lot C, and Lot A. Lot A is
owned by: Aspen Lakes Ranch, LLC, c/o Marcia Rojas, 1251 Avenue of the Americas, 50th Floor, New York, NY 10020. (16 pgs.)
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 2013 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 HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO
81601.
10. 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 SEPTEMBER 2013. 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.
13CW3048 - Aspen Lakes Ranch, LLC, a Colorado limited liability company, c/o Oates, Knezevich, Gardenswartz, Kelly & Morrow,
P.C.Anne Marie McPhee, 533 E. Hopkins Avenue, 3rd
Floor, Aspen, CO 81611, [email protected], (970) 920-1701. APPLICATION
FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE WATER RIGHTS ABSOLUTE, IN PART. K.N.C.B. Moore
Ditch Extension. Date of Original Decree: September 30, 2007, Case No. 05CW291, Water Div. 5. Legal description: The point of
diversion is located on the south bank of an unnamed tributary (sometimes referred to as Trentaz Gulch) at a point from which the SW
corner of Sec. 26, T. 9 S., R. 85 W of the 6th
P.M. bears S. 8 degrees 08 feet W. 1304.32 ft. (PITKIN COUNTY). Source: An
unnamed tributary of the Roaring Fork River, sometimes referred to as Trentaz Gulch. Appropriation Date: 10/13/15. Decreed
Amt: 1.0 c.f.s, cond. Decreed Use: Fill and refill of Paul’s Pond, Aspen Lake, Quinn’s Corner Pond, Lizzy Pea’s Pond and K Bear’s
Point Pond for subsequent aesthetic, piscatorial and recreational purposes. If claim to make absolute: 0.67 c.f.s. Date Applied to
Beneficial Use: 2008. 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: During the intervening diligence period,
Applicant’s predecessor developed one of the properties served by the K.N.C.B. Moore Ditch Extension, including constructing and
filling both Aspen Lake and Paul’s Pond with water from the K.N.C.B. Moore Ditch Extension. Applicant purchased that property in
2010 and has continued to use Applicant’s 0.67 c.f.s. share of the subject water right to fill and refill Aspen Lake and Paul’s Pond for
their decreed uses. Names and address of owners of the land upon which any new diversion structure, or modification to any existing
diversion structure is or will be constructed: The headgate for the K.N.C.B. Ditch Extension is located on the property line of
Applicant and LW Development, Inc., c/o Robert Bowden, P.O. Box 1470, Aspen, CO 81612. Remarks or any other pertinent
information: Applicant is the owner of 0.67 c.f.s of the 1.0 c.f.s decreed to the K.N.C.B. Moore Ditch Extension and is only seeking a
decree making Applicant’s share of the water right absolute. A separate application for a finding of reasonable diligence is being filed
by LW Development, Inc., the owner of the remaining 0.33 c.f.s of the water right. (5 pgs.)
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 2013 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 HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO
81601.
11. 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 SEPTEMBER 2013. 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.
13CW3049 - Aspen Lakes Ranch, LLC, c/o Oates, Knezevich, Gardenswartz, Kelly & Morrow, P.C., Anne Marie McPhee, 533 E.
Hopkins Avenue, 3rd
Floor, Aspen, CO 81611, [email protected], (970) 920-1701. FIRST CLAIM: Aspen Lake. Date of Original
Decree: 10/2/07. Case No. 05CW293. Water Div. 5. Legal description: The centerline of the dam is located in the SE 1/4 of the SE
1/4, Sec. 27, T. 9 S., R. 85 W. of the Sixth P.M., at a point approximately 1356 ft. N. of the S. Sec. Line and 180 ft. W. of the E. Sec.
Line of said Sec. 27 (Pitkin County). Source: An unnamed tributary of the Roaring Fork River, sometimes referred to as
Trentaz Gulch. Approp Date: 10/13/05. Decreed Amt: 2.70 af., cond., with the right to fill and refill whenever water is physically and
SEPTEMBER 2013 RESUME
WATER DIVISION 5 PAGE 12
legally available. Decreed Use: Aesthetic, pisc. and rec. If claim to make absolute: 2.70 af. for all decreed uses. Date Applied to
Beneficial Use: 2008. SECOND CLAIM: Paul’s Pond. Date of Original Decree: 10/2/07. Case No. 05CW293. Water Div. 5. Legal
description: The centerline of the dam is located in the SW 1/4 of the SW 1/4, Sec. 26, T. 9 S., R. 85 W. of the Sixth P.M., at a point
approximately 1301 ft. N. of the S. Sec. Line and 25 ft. E. of the W. Sec. Line of said Sec. 26 (PITKIN COUNTY). Source: An
unnamed tributary of the Roaring Fork River, sometimes referred to as Trentaz Gulch. Approp. Date: 10/13/05. Decreed Amt: 0.69 af.,
cond., with the right to fill and refill whenever water is physically and legally available. Decreed Use: Aesthetic, pisc. and rec. If
claim to make absolute: 0.69 af. for all decreed uses. Date Applied to Beneficial Use: 2008. 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: During the intervening diligence period, Applicant’s predecessor developed the property where Aspen Lake
and Paul’s Pond are located, including constructing and filling both Aspen Lake and Paul’s Pond to their full decreed amount.
Applicant purchased that property in 2010 and has continued to use and maintain the ponds for their decreed uses. Applicant has also
maintained a Basalt Water Conservancy District contract necessary to replace evaporative losses from the ponds. Name and address of
owner of the land upon which storage structure is constructed and upon which water is stored: Applicant. (5 pgs.)
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 2013 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 HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO
81601.
12. 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 SEPTEMBER 2013. 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.
13CW3050 (MESA AND GARFIELD COUNTIES) Application for Change of Water Right. Applicant: Estate of Kenneth Donn
Hitchborn, c/o John T. Howe, Hoskin Farina & Kampf, P.C., 200 Grand Avenue, Suite 400, Grand Junction, Colorado 81501; (970)
986-3400. FIRST CLAIM: Name of Structure: Williams Irrigating Ditch. Decrees: February 7, 1890, Civil Action 273, Mesa County
District Court; March 15, 1917, Civil Action 3236, Mesa County District Court. Decreed Source: Big Salt Wash, tributary to the
Colorado River. Decreed Location: East bank of Big Salt Wash 240 rods above the junction with Coal Creek. Use: irrigation.
Appropriation Date: August 8, 1884. Quantity: 1.71 c.f.s. absolute. Description of Change: Applicant seeks to change the decreed
point of diversion for the Williams Irrigating Ditch to the Hitchborn Diversion No. 2, located in the SW¼ NE¼, Section 23, T 8 S, R
102 W, 6th P.M., 1585 feet from the South section line and 1604 feet from the East section line, Mesa County, Colorado. No change is
sought with respect to the historic place or type of use of the Williams Irrigating Ditch. The Williams Irrigating Ditch has been
diverted at the Hitchborn Diversion No. 2 for a number of years. There are no decreed points of diversion, other than those owned by
the Applicant, and no significant sources of water that join Big Salt Wash between the decreed point of diversion and the Hitchborn
Diversion No. 2. SECOND CLAIM: Name of Structure: Gavin Canal. Decree: June 1, 1916, Civil Action 2635, Mesa County District
Court. Decreed Source: Big Salt Wash, tributary to the Colorado River. Decreed Location: The headgate of the Gavin Canal is located
at a point on the east bank of Big Salt Wash, whence the northwest corner of Section 13, Township 8 South, Range 102 West, of the
6th P.M. bears West 4° 32' North, 688 feet. Use: irrigation. Appropriation Date: March 10, 1914. Quantity: 1.44 c.f.s. absolute.
Description of Change: Applicant seeks to change the decreed point of diversion for the Gavin Canal to the Hitchborn Diversion No.
2, located in the SW¼ NE¼ of Section 23, T 8 S, R 102 W, 6th P.M., 1585 feet from the South section line and 1604 feet from the
East section line, Mesa County, Colorado. No change is sought with respect to the historic place or type of use of the Gavin Canal.
The Gavin Canal has been diverted at the Hitchborn Diversion No. 2 for a number of years. There are no decreed points of diversion,
other than those owned by the Applicant, and no significant sources of water that join Big Salt Wash between the decreed point of
diversion and the Hitchborn Diversion No. 2. THIRD CLAIM: Name of Structure: Upper Salt Wash Ditch. Decrees: February 7, 1890,
Civil Action 273, Mesa County District Court; June 1, 1916, Civil Action 2635, Mesa County District Court. Decreed Source: Big Salt
Wash, tributary to the Colorado River. Decreed Location: a point on the westerly bank of Big Salt Wash, whence the northeast corner
of Section Twenty-Three, T 8 S, R 102 W, of the 6th P.M., bears East 1° 58’ North, 1997 feet. Use: irrigation. Appropriation Date:
August 18, 1884. Quantity: 2.42 c.f.s. absolute. Description of Change: Applicant seeks to change the decreed point of diversion for
the Upper Salt Wash Ditch to the Hitchborn Diversion No. 1 located in the SW¼ SW¼ of Section 12, T 8 S, R 102 W, 6th P.M., 205
feet from the South section line and 701 feet from the West section line, Garfield County, Colorado. The Upper Salt Wash Ditch has
been diverted at the Hitchborn Diversion No. 1 for a number of years. No change is sought with respect to the historic place or type of
use of the Upper Salt Wash Ditch. There are no decreed points of diversion, other than those owned by the Applicant, and no
significant sources of water that join Big Salt Wash between the decreed point of diversion and the Hitchborn Diversion No. 1.
Landowner: No new structure or modification to any existing structure is required. The changed points of diversion are located on
land administered by the Bureau of Land Management, Grand Junction Field Office, 2815 H Road, Grand Junction, Colorado 81506
SEPTEMBER 2013 RESUME
WATER DIVISION 5 PAGE 13
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 2013 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 HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO
81601.
13. 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 SEPTEMBER 2013. 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.
13CW3051 SHAYNE M. YOUNG, Shayne M. Young, 894 25 Road, Grand Junction, Colorado 81505; Attorney: John P. Justus,
Esq., HOSKIN FARINA & KAMPF, Professional Corporation, 200 Grand Avenue, Suite 400, Post Office Box 40, Grand Junction,
Colorado 81502-0040. APPLICATION FOR UNDERGROUND WATER RIGHT, WATER STORAGE RIGHT, AND
APPROVAL OF PLAN FOR AUGMENTATION in MESA COUNTY. Application for Underground Water Right. Name(s) of
well(s) and permit, registration, or denial number(s): Gunderson Well, Well Permit Number 154197. A new well permit for an
existing structure will be obtained for the well following issuance of the decree in response to this application. Legal description of
well: a. Location information in UTM format (Preferred): Easting 246478, Northing 4348604, UTM Zone 13, NAD83. b. Legal
Description Using the Public Land Survey System (PLSS): The Gunderson Well is located in the SE1/4 of the NE1/4 of Section 25,
Township 9 South, Range 95 West of the 6th P.M., approximately 2100 feet from the North section line and 1220 feet from the East
section line, Mesa County, Colorado. Source of water: Groundwater tributary to Plateau Creek, a tributary to the Colorado River.
Depth of well: Estimated depth of 120 feet. Appropriation: a. Date of appropriation: May 22, 1989. b. How appropriation was
initiated: Submission of well permit application. c. Date water applied to beneficial use: June 1989. Amount : a. Amount claimed in
gallons per minute (gpm): Absolute 15 gpm; b. Amount claimed in acre feet annually: Absolute 0.5 acre-feet. List All Uses or
Proposed Uses: Household use, domestic use, and fire protection on a one acre parcel located in the SE1/4 of the NE1/4 of Section 25,
Township 9 South, Range 95 West of the 6th P.M., (the “Parcel”). The general location of the Applicant’s property, Parcel, and the
Gunderson Well are shown in Figure 1 to the Application. Application for Water Storage Right. Name of Storage Structure: The
Young Augmentation Tank. Legal description of location of Storage Structure. a. Approximate coordinates in UTM format using
DWR AquaMap: Easting 246527, Northing 4348580, UTM Zone 13, NAD83. The anticipated location of the Young Augmentation
Tank is shown in Figure 1. b. Legal Description Using the Public Land Survey System (PLSS): It is anticipated that the Young
Augmentation Tank will be located in the SE1/4 of the NE1/4 of Section 25, Township 9 South, Range 95 West of the 6th P.M.,
approximately 2150 feet from the North section line and 1050 feet from the East section line, Mesa County, Colorado. Source: Plateau
Creek, a tributary to the Colorado River. If filled from a ditch: a. Name(s) of ditch(es) used to fill: Hoosier Ditch. b. Legal
description of each point of diversion: i. Approximate coordinates in UTM format using DWR AquaMap: Easting 250864.4,
Northing 4349924, UTM Zone 13, NAD83. The location of the headgate of the Hoosier Ditch is shown in Figure 2 to the
Application. ii. Legal Description Using the Public Land Survey System (PLSS): The headgate of the Hoosier Ditch is located in the
SE1/4 of the NW1/4, Section 21, Township 9 South, Range, 94 West of the 6th P.M., approximately 2326 feet from the North section
line and 2670 feet from the East section line, Mesa County, Colorado. Appropriation: a. Date of appropriation: September 30, 2013.
b. How appropriation was initiated: By the filing of this application. Amount claimed: a. In acre feet: 0.031 acre-feet (10,000
gallons), conditional together with the right to fill and re-fill, in priority. b. If filled from a ditch, rate of diversion for filling the
storage tank: Conditional 0.12 cfs (54 gpm). List All Uses or Proposed Uses: Augmentation, irrigation, stock watering, and fire
protection. Structure dimensions: Structure is anticipated to consist of a water storage tank of approximately 10,000 gallons (0.031
acre-feet). Application for Approval of Plan for Augmentation. Name(s) of structure(s) to be augmented: Gunderson Well, described
above. Water right(s) to be used for augmentation: The Young Augmentation Tank, described above. Complete statement of
plan for augmentation. a. Applicant owns the real property illustrated in Figure 1 of the Application (“Applicant’s Property”). One
residence currently exists on the Applicant’s Property. The Gunderson Well is currently the only well on Applicant’s Property and is
currently permitted as an exempt well pursuant to § 37-92-602(3)(b)(II)(A). However, Applicant wishes to subdivide the Applicant’s
Property into two separate parcels consisting of a one acre parcel containing the existing residence, previously defined as the “Parcel”,
and an approximately one hundred fourteen (114) acre parcel, currently in agricultural production, upon which a second residence may
be constructed in the future (the “Agricultural Parcel”). The Gunderson Well will supply water for domestic and household purposes
to the Parcel only. Currently, the State Engineer’s interpretation and application of § 37-92-602(3)(b)(III), requires that a court
approved augmentation plan be completed approved in the event of a subdivision of Applicant’s Property in order for use of the
Gunderson Well to continue on the Parcel. A below ground septic system is used to treat wastewater from the residence on the Parcel.
Both Plateau Creek and the Colorado River downstream of its confluence with Plateau Creek are over-appropriated and are potentially
subject to a call during the irrigation season, extending from approximately April 1 through October 31 of each year. This
augmentation plan has been developed to replace out-of-priority depletions to Plateau Creek attributable to the use of the Gunderson
SEPTEMBER 2013 RESUME
WATER DIVISION 5 PAGE 14
Well on the Parcel. Water Demands and Depletions: Anticipated monthly diversions and depletions attributable to the Gunderson
Well are set forth in Table 1 to the Application. Applicant has estimated timing of depletions to Plateau Creek utilizing the Well
Pumping Depletion Model (©2001, Western Water Consulting, Inc.). Diversion estimates for domestic in-house use assume a daily
demand of 100 gallons per person, 4.0 persons per residence. Depletions are assumed to be 10% of diversions for domestic in house
uses, with the remainder returning to the stream system from the leach fields. Total average annual diversions for household and
domestic uses are projected to be approximately 146,003 gallons (0.448 acre-feet), and total annual depletions to Plateau Creek are
projected to be approximately 14,600 gallons 0.0448 acre-feet) per year. During the irrigation season (April through October), total
diversions are projected to be approximately 85,712 gallons (0.263 acre-feet) and total depletions are projected to be approximately
8,571 gallons (0.0263 acre-feet). Operation of Augmentation Plan: A call may be placed against the Gunderson Well by senior water
rights on Plateau Creek or the Colorado River at any time during the irrigation season extending from April 1 through October 31 of
each year. The Gunderson Well will generally be in priority from November 1 through March 31. During periods of downstream call,
measured releases of water from the Young Augmentation Tank will be made to Plateau Creek to replace depletions from the
Gunderson Well. A water balance showing how the monthly depletions attributable to the Gunderson Well will be replaced with
releases from the Young Augmentation Tank during the irrigation season is set forth in Table 2 to the Application. Actual releases
will depend on the period of call and the amount of actual depletions attributable to the Gunderson Well affecting Plateau Creek
during the relevant call period. Applicant will install such measuring devices as may reasonably be required by the Division Engineer
to facilitate the operation of this plan for augmentation and to assure compliance therewith. This plan for augmentation will not
injuriously affect the owner of or persons entitled to use water under a vested water right or decreed conditional water right. Name(s)
and address(es) of owner(s) or reputed owners of the land upon which any new or existing 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 pool. Applicant is the owner of the lands upon which the Gunderson Well and the Young
Augmentation Tank are or will be located. YT Ranch LLC, P.O. Box 27570, Houston, TX 81624 is the owner of the land upon which
the headgate of the Hoosier Ditch is located. The Applicant will notify these persons that the Applicant is applying for a water storage
right to be diverted at the headgate of the Hoosier Ditch no later than 14 days after filing this application. (Application is 7 pages in
length with five exhibits).
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 2013 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 HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO
81601.
14. 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 SEPTEMBER 2013. 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.
13CW3052 (09CW22 & 10CW189) EAGLE AND GARFIELD COUNTIES. Colorado River. Applicants: Richard and Marcy
Woodrow, P.O. Box 9149, Avon, CO 81620, c/o Garfield & Hecht, P.C., 420 7th
Street, Suite 100, Glenwood Springs, CO 81601,
phone (970)947-1936. APPLICATION TO MAKE CONDITIONAL WATER RIGHTS ABSOLUTE. First Claim. Name of structure:
Opotowsky Pump & Pipeline. Original Decree: Entered on January 10, 1994 in Case No. 93CW181, District Court, Water Division
No. 5. Subsequent Decrees: Decrees finding reasonable diligence were entered in Case No. 00CW08 on March 10, 2003 and in Case
No. 09CW22 on January 11, 2010. The Opotowsky Pump & Pipeline is augmented pursuant to decree adjudicating a plan for
augmentation and appropriative right of exchange entered on April 3, 2011 in Case No. 10CW189. Location: The point of diversion is
located in the SE1/4 SW1/4 of Section 1, Township 2 South, Range 84 West of the 6th
P.M. at a point 920 feet north of the South
section line and 2,630 feet east of the West section line of said Section 1. Source: Colorado River. Date of Appropriation: January 29,
1992. Amount: 0.25 c.f.s. Uses: Irrigation, stockwater, fire protection, and storage purposes. Claim to Make Absolute: Applicants
request the Court to adjudge and decree that the Opotowsky Pump & Pipeline water right has been made absolute and unconditional as
follows: Date water applied to beneficial use: June 4, 2011. Amount: 0.25 c.f.s. Diversions were made in priority, as there was no call
on the mainstem of the Colorado River during the 2011 irrigation season. Uses: Irrigation, stockwater, fire protection, and storage.
Description of place of use where water is applied to beneficial use: Applicants’ property, described as a parcel of land in Eagle
County, Colorado, located in the West ½ Southeast ¼ and the Southeast ¼ Southwest ¼ of Section 1, Township 2 South, Range 84
West of the 6th
P.M., also known as Tract 47, in Section 1, Township 2 South, Range 84 West of the 6th
P.M., according to the
Independent Resurvey of said Section accepted by the General Land Office April 15, 1919. See the property and water right location
map attached to the Application. Second Claim. Description of right: Appropriative Right of Exchange. Original Decree: Entered on
April 3, 2011 in Case No. 10CW189, District Court, Water Division No. 5. Location: The affected stream reach of the exchange is the
Colorado River from the confluence with the Roaring Fork River (downstream terminus) up to the point of diversion of the
SEPTEMBER 2013 RESUME
WATER DIVISION 5 PAGE 15
Opotowsky Pump & Pipeline (upstream terminus). Downstream terminus: Confluence of the Roaring Fork and Colorado Rivers,
located in the SE1/4 of the NW1/4 of Section 9, Township 6 South, Range 89 West of the 6th
P.M., 2382 feet east of the West section
line and 2195 feet south of the North section line of said Section 9. Upstream terminus: The point of diversion of the Opotowsky
Pump & Pipeline is located in the SE1/4 SW1/4 of Section 1, Township 2 South, Range 84 West of the 6th
P.M. at a point 920 feet
north of the South section line and 2,630 feet east of the West section line of said Section 1. Date of Appropriation: June 30, 2010.
Rate: 0.25 c.f.s. Uses: irrigation and stockwater. Claim to Make Appropriative Right of Exchange Absolute: Applicants request the
Court to adjudge and decree that their appropriative right of exchange has been made absolute and unconditional as follows: Date
water applied to beneficial use: July 31, 2013. Amount: 0.25 c.f.s. In 2013, releases were made from Ruedi Reservoir pursuant to the
Applicants’ plan for augmentation during times when the “Shoshone call” was off and the “Cameo call” was on, thereby allowing the
Applicants to operate their appropriative right of exchange. Uses: Irrigation and stockwater. Description of place of use where water is
applied to beneficial use: Applicants’ property, described above. See the property and water right location map attached to the
Application. Name and address of the owner of land on which the subject water right is located and on which water is used:
Applicants. Wherefore, the Applicants respectfully request this Court to issue a decree making the subject water right and
appropriative right of exchange absolute as set forth herein.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 2013 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 HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO
81601.