pursuant to c.r.s., §37-92-302, as amended, you are ... · july 2001 resume water division 5 page...

PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGESCOMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATERCLERK FOR WATER DIVISION 5 DURING THE MONTH OF JULY 2001.

1. 01CW167 – WILL NOT BE PUBLISHED .

2. 01CW168 – WILL NOT BE PUBLISHED.

3. 01CW169 GARFIELD COUNTY – GROUNDWATER TRIBUTARY TO DRY HOLLOW CREEK. Dixie C. Burnett;7353 331 Rd.; Silt, CO 81652 970-876-2144. Grace Well (Permit #220010) – Application For Underground Water Right. Location:SW1/4SW1/4 Sec. 15, T. 7S, R. 92W., 6th P.M., 1000 ft. from north section line and 750 ft. from west section line. Appropriation:August 26, 1999. Amount: 15 gpm, absolute. Use: household. Applicant requests this well be adjudicated as an exempt well. (6pages).

4. 01CW170 (95 CW 278) – Rio Blanco County – White River. Edwin and Anna C. Freeman, c/o Frank G. Cooley, Attorneyat Law, P. O. Box 98, Meeker, CO 81641. Application to Make Absolute a Conditional Water Right. Structures: FreemanSpring #1, Freeman Spring #2, Freeman Pond. Original Decree: October 11, 1996, Case No. 95 CW 278, District Court, WaterDivision No. 5. Location: Township 1 South, Range 94 West of the 6th P.M.. Section 2: NE ¼. Source: Tributaries to Flag Creek, atributary to the White River. Appropriation Date: July 1, 1977. Amount: Freeman Spring #1 = 0.033 c.f.s ., Freeman Spring #2 =0.018 c.f.s., Freeman Pond = 0.25 acre feet. Use: Domestic, irrigation, and livestock water. (3 pages)

5. 01CW171 EAGLE COUNTY – SPRING TRIBUTARY TO LAKE CREEK , TRIBUTARY TO THE EAGLERIVER. Susan J. Miller and L.D. Chipman; P.O. Box 5500; Avon, CO 81620 970-926-3234. Stretch Spring – Application For WaterRights (Surface). Location: SW1/4NW1/4 of Sec. 7, T.5S., R. 82W., 6th P.M., at a point 1400 ft. South of the North section line and1800 feet West of East section line. Appropriation: May 8, 2000. Amount: 0.022 cfs, absolute. Use: wildlife propagation andpiscatorial purposes. (2 pages).

6. 01CW172 PITKIN COUNTY – EAST SOPRIS CREEK TO SOPRIS CREEK TO THE ROARING FORK RIVER.Darryl B. Grosjean; 2241 E. Sopris Creek Rd.; Basalt, CO 81621 970-927-3343. Niki Springs No. 1 – Application For Water Rights(Surface). Location: SW1/4SW1/4 Sec. 36, T. 8S., R. 87W., 6th P.M., 1320 ft. North of South section line and 1320 ft. East of Westsection line. Appropriation: July 24, 2001. Amount: 0.033 cfs, conditional. Use: fire protection and to enhance wildlife. Niki Pond –Application for Water Storage Right. Location: SW1/4SW1/4 Sec. 36, T. 8S., R. 87W., 6th P.M., 1200 ft. North of South section lineand 900 ft. East of West section line. Appropriation: July 24, 2001. Amount: 2.0 af, conditional., 0.033 cfs, conditional for fillingreservoir. Use: fire protection. (6 pages).

7. 01CW173, Mesa County, Unnamed Drainage Channel Tributary to the Colorado River, Application to Make Absolutea Conditional Water Right. Applicant: Hilltop Foundation, Inc., c/o Thomas D. Piper, 1331 Hermosa Ave., Grand Junction, CO81506; Attorney: Ronald W. Gibbs, Esq., Younge & Hockensmith, P.C., 743 Horizon Ct., Grand Junction, CO 81506, (970) 242-2645; Name of Structures: (1) Hilltop Pump and Pipeline, and (2) Hilltop Regulating Pond; Original Decree: July 13, 1995, 94CW 321, District Court, Water Division No. 5, Colorado; Location: (1) Hilltop Pump and Pipeline, point of diversion is located inthe SE3 NW3 SW3 of Section 1, Township 1 South, Range 1 West of the Ute Principal Meridian, on the north bank of an unnameddrainage channel which is tributary to the Colorado River, at a point 1340 feet north of the South section line of said Section 1, and745 feet east of the West section line of said Section 1, and (2) Hilltop Regulating Pond, dam is located approximately 1370 feet northof the South line of Section 1, and 802 feet east of the West line of Section 1, Township 1 South, Range 1 West of the Ute PrincipalMeridian; Source: Unnamed Drainage Channel which is tributary to the Colorado River; Appropriation: September 8, 1994;Amount: (1) Hilltop Pump and Pipeline, 0.2 c.f.s. continuous direct flow, and (2) Hilltop Regulating Pond, 1 acre foot of storage;Use: On or about April 20, 1999, Applicant completed installation of the Hilltop Pump and Pipeline and the Hilltop Regulating Pondand related irrigation systems all in accordance with the adjudicated conditional water decree. The Hilltop Pump and Pipeline divertsapproximately 90 gallons per minute or 0.2 cubic feet per second on a continuous direct flow basis to the Hilltop Regulating Pond.The water continuously diverted and stored is then used for recreational enhancement of a residential assisted living development, fishpropagation, aesthetic purposes, landscaping purposes, regulation of the irrigation supply, drainage control, and irrigation ofapproximately five acres of landscaping located within a residential living complex known as The Fountains of Grand Valley in theCity of Grand Junction, County of Mesa, State of Colorado, located in the SE3 NW3 SW3 of Section 1, Township 1 South, Range 1West, Ute Principal Meridian; Owner of Land: Hilltop Health Services Corporation, same address as Applicant. The Applicationcontains more detail as to what has been done to apply the conditionally decreed water right to beneficial use. (4 pages).

8. 01CW174 GARFIELD COUNTY - GROUNDWATER TRIBUTARY TO THE ROARING FORK RIVER,TRIBUTARY TO THE COLORADO RIVER. Douglas Cerise Ranch Company, 1234 County Road 105, Carbondale, CO 81623c/o Gregory J. Hall, Esq., Robert M. Noone, P.C., P.O. Drawer 39, Glenwood Springs, CO 81601. Application for Finding ofReasonable Diligence. Name of Structures: a. Cerise Pond No. 1; b.Douglas Cerise Well No. 1. Description of Conditional WaterRights: a. Date of Original Decree: April 11, 1988, in Case No. 86CW008, in the District Court in and for Water Division No. 5,

JULY 2001 RESUMEWATER DIVISION 5

Colorado. b. Location: (1) The headgate of the outlet of Cerise Pond No. 1 is located in Section 24, Township 7 South, Range 88 Westof the 6th Principal Meridian, 800 feet from the East section line and 1,500 feet from the North section line of said Section 24. (2)Douglas Cerise Well No. 1 is located in Section 24, Township 7 South, Range 88 West of the 6th Principal Meridian, 100 feet from theNorth section line and 100 feet from the East section line of said Section 24. a. Source: All are tributary to the Roaring Fork River,tributary to the Colorado River. b. Appropriation Date, Amount, and Use:

Name Appropriation Date Amount Use

Cerise Pond No. 1(A 50% interest in thisright is claimed by the

Applicant)

October 1, 1985 4.44 acre-feet, of which2.22 acre-feet is the

subject of thisApplication

Municipal, commercialand livestock

Douglas Cerise WellNo. 1

October 1, 1985 25 gpm Municipal, commercialand livestock

4. Detailed outline of what has been done toward completion of the appropriation and application of water to a beneficial use asconditionally decreed, including expenditures: (a) In Case No. 86CW008, Division No. 5, the Court decreed 4.44 acre-feet of water,conditional, for the Cerise Pond No. 1 and further decreed 25 g.p.m. (0.056 c.f.s.) each, conditional, for the Douglas Cerise Well Nos.1 and 2, respectively. The decreed uses are municipal, commercial and livestock. (b) In Case No. 94CW188, Division No. 5, theCourt awarded a finding of reasonable diligence with respect to the decreed amounts, locations and purposes of the Cerise Pond No. 1,the Douglas Cerise Well No. 1 and the Douglas Cerise Well No. 2. (c) On June 24, 1998, Applicant conveyed to George Shifrin theDouglas Cerise Well No. 2, a fifty percent (50%) interest in and to the Cerise Pond No. 1, a fifty percent (50%) interest in and to theAugmentation Plan decreed in Case No. 86CW008, Water Division No. 5, the right to sprinkler irrigate up to a maximum of ten (10)acres as provided in Case No. 86CW008, and 4.55 acre-feet of consumptive use credits decreed in Case No. 86CW008. Applicantretained ownership of the remaining fifty percent (50%) interest in and to the Cerise Pond No. 1 and the Augmentation Plan decreed inCase No. 86CW008, as well as the full ownership of the Douglas Cerise Well No. 1. A Notice of Transfer of Conditional WaterRights was filed with the Court on September 3, 1998. (d) The Applicant expended legal fees in the approximate amount of$10,000.00 to complete the sale of real property and appurtenant water rights to George Shifrin, which water rights included thosemore particularly described in paragraph 4.c., above. In addition, the Applicant and Mr. Shifrin negotiated the terms and conditions ofa water use agreement whereby the parties specified their respective rights and obligations pertaining to the Cerise Pond No. 1 and theDouglas Cerise Well Nos. 1 and 2. (e) During the diligence period, the Applicant has completed repairs and improvements to the C &M Ditch, which will provide the delivery of water supply for the Cerise Pond No.1. The total amount expended for repairs andimprovements is approximately $750.00. (f) The Applicant has expended $898.00 for engineering work during the diligence periodfor development of plans to fully develop and utilize the subject water rights in conjunction with the water rights conveyed to GeorgeShifrin. (g) Applicant requests a finding by this Court that the water rights owned by the Applicant and as described in thisApplication are part of one integrated water system for the delivery of water by the Douglas Cerise Ranch Company and, therefore,diligence on individual water rights or components of this water system shall be considered diligence as to the system as a whole andany other water right contained therein. (5 pages).

9. 01CW175 RIO BLANCO COUNTY, COLORADO RIVER, WATER DIVISION 5 1. Name, address and phonenumber of applicant: United States of America, Bureau of Land Management, White River Field Office, 73544 Highway 64,Meeker, CO. 81641. (970)878-3601. 2. Attorney’s name, address and phone number: Amelia S. Whiting, Special Assistant. U.S.Attorney, 755 Parfet Street, Suite 151, Lakewood, CO 80215. (303) 231-5353 (Ext. 447) 3. Type of application: Application forgroundwater rights 4. Name of structure: Missouri Creek Flowing Well (aka 19-G-13) 5. Location: On public lands in SW/4 NE/4,Section 13, T3S R104W, Sixth P.M., approximately 1435 feet south of the north section line and 1490 feet west of the east sectionline. 6. Source: Groundwater tributary to Missouri Creek/Evacuation Creek/White River 7.Quantity: 10 gpm, absolute 8.Appropriation date:12/07/1989 9. Type of use: Livestock and wildlife watering, irrigation of 0.5 acres for wildlife habitat, reactivefire suppression, and industrial (oil and gas extraction). 10. Type of structure: well. (5 pages).

10. 01CW176 TABERNASH WATER AND SANITATION DISTRICT, IN GRAND COUNTY. APPLICATION FORWATER RIGHTS AND CHANGE OF WATER RIGHTS 1.Name, address, and telephone number of Applicant: Tabernash Waterand Sanitation District, P. O. Box 250, Tabernash, Colorado 80478, (303) 333-0101. (Holder & Ciliberto, P.C., 518 SeventeenthStreet, Suite 1500, Denver, Colorado, 80202 (303) 534-3636.) 2.Water rights for which change is sought: Case No. 80CW298 asdecreed on October 28, 1981, District Court, Water Division 5 and Case No. 97CW218 as decreed on August 13, 1998, District Court,Water Division 5. 3. Request for Water Rights: In the above-referenced cases, the predecessor to the Applicant’s rights obtainedapproval of a water supply plan for a development to be located on approximately 133 acres in Section 2, Township 1 South, Range76 West, 6th P.M., as more particularly described in Exhibit A. Applicant wishes to add the Troublesome Formation, tributary to theFraser River, as an additional source of water supply for the development. 4. Description of well: A. Location: Located in the NW


¼ NE ¼, Section 2, Township 1 South, Range 76 West, 6th P.M., more specifically located 2,100 feet from the north section line and1,600 feet from the east section line of said section. B. Depth: 600 feet. C. Aquifer: Troublesome Formation. D. Pumping Rate: 100gallons per minute. E. Uses: Domestic, Commercial, Augmentation, Municipal, and Irrigation. Applicant reserves to right to utilizeadditional wells, if necessary, to fully appropriate the requested pumping rate. 5. The replacement requirements are changed asfollows:

Depletion Factors(as % q/Q)

Depletion Factors(as % q/Q)

Year of Pumping 0.00Year Following Pumping Years Following

Pumping1 0.02 11 1.422 0.18 12 1.363 0.54 13 1.304 0.91 14 1.235 1.89 15 1.176 1.37 16 1.117 1.47 17 1.058 1.50 18 1.009 1.50 19 0.9910 1.50T = 800 gpdpft SY = 0.05 Z1 = – 7,000 ft Z2 = 7,000 ft.Q = 100 gpm X = 6,700 ft. W = 30,000 ft.

No other terms and conditions of the above-referenced decrees are changed herein. WHEREFORE, Applicant prays that thisCourt enter a decree granting this application, finding that the change requested herein will not injuriously affect other owners of orpersons entitled to use water under vested water rights or decreed conditional water rights, and for such other relief as it deems properin the premises. (5 pages).

11. 01CW177 (95CW006) SUMMIT COUNTY, APPLICATION FOR FINDING OF REASONABLE DILIGENCE ANDTO MAKE WATER RIGHTS ABSOLUTE. 1. Name, address and telep;hone number of applicants: Dorothy Timian-Palmer,P.E.,Vidler Water Company, Inc. (“Vidler”),3264 Goni Road, Suite 153,Carson City, Nevada 89706-7295; and Dan Hartman,City ofGolden (“Golden”),1445 10th Street, Golden, Colorado 80401, c/o Glenn E. Porzak, Kristin Howse Moseley, Porzak Browning &Bushong LLP, 929 Pearl Street, Suite 300, Boulder, Colorado 80302; 2.Name of structures: Vidler Tunnel Unit and Willow CreekUnit of the Vidler Tunnel Project; 3.Description of conditional water rights: (a)Decree: Interlocutory Decree dated March 19, 1979,entered by the Summit County District Court in Civil Action No. 2371, as made the final judgement and decree by Order of the Courton March 19, 1979. (b) Decreed locations: (1) The Vidler Tunnel Unit consists of twenty-five (25) separate points of diversion,located in the upper reaches of the Peru Creek drainage basin in portions of Sections 6, 7, 9, 16, 17, 18, 19, 20 and 21, T. 5 S., R. 75W., and Section 12, T. 5 S., R. 76 W., of the 6th P.M. A specific description of the diversion point locations is set forth on theattached Exhibit A. (2) The Willow Creek Unit consists of three (3) separate points of diversion located at points from whence the NEcorner of Section 2, T. 5 S., R. 78 W. of the 6th P.M. bears North 80�52' East a distance of 4113 feet; North 78�22' East a distance of4375 feet; and North 13�01' West a distance of 12,647 feet (c )Source: (1) The Vidler Tunnel Unit derives its source from variousnamed and unnamed tributaries of Peru Creek, which is tributary to the Blue River. (2) The Willow Creek Unit derives its source fromWillow Creek, South Willow Creek and Salt Lick Gulch, all of which are tributary to the Blue River. (d) Appropriation date: July 28,1958. (e) Amount: (1) Vidler Tunnel Unit - A total amount not to exceed 39.8 c.f.s., the following amounts of which have been madeabsolute: 21.6 c.f.s. was made absolute for Points A, B, C, and D by Decree of the District Court in and for Water Division No. 5 (the“Water Court”) entered on January 30, 1980, in Case No. W-3865; 6.6 c.f.s. was made absolute for Point E by Decree of the WaterCourt entered on January 9, 1989, in Case No. 87CW246; and 3.6 c.f.s. was made absolute for Point F by Decree of the Water Courtentered on July 13, 1995 in Case No. 95CW006. (2) Willow Creek Unit - 145 c.f.s, conditional. (f)Use: domestic, agricultural,industrial and municipal uses. (4)Water Rights Made Absolute. By the present application, Applicants seek confirmation that theyhave made a cumulative total of 31.8 c.f.s. absolute for diversion at Points A-F, out of the 39.8 c.f.s. originally decreed for the VidlerTunnel Unit. (5) Detailed outline of work done to complete project and apply water to beneficial use: During the requisite diligenceperiod, Applicant has undertaken the following specific activities which demonstrate diligence with regard to the subject conditionalrights: (a) During the subject diligence period, Vidler engaged in negotiations with the United States Bureau of Reclamation regardinga power interference agreement to ensure diversion of Vidler Tunnel Unit water rights at times when there is a call by the GreenMountain Reservoir direct flow power generation water right. On April 30, 1996, Applicants entered into a Memorandum ofUnderstanding with the United States Bureau of Reclamation that contains terms and conditions allowing additional diversions ofVidler Tunnel Unit water rights (the “Power Interference Agreement”). (b) Vidler entered into a Purchase, Option and Lease


Agreement with Golden on September 14, 2000, which conveyed to Golden the right to purchase the Vidler Tunnel Unit in itsentirety, together with the rights associated with the Power Interference Agreement. (c) In June of 2000, Applicants contactedrepresentatives of the U.S. Forest Service regarding transfer from Vidler to Golden of the Special Use Permit permitting constructionand operation of portions of the Vidler Tunnel Unit. On August 10, 2000, Applicants counsel met with U.S. Forest Service personnelin order to determine the conditions that needed to be met in order to transfer of the Special Use Permit. Applicants’ counselsubsequently worked to meet these conditions. The U.S. Forest Service issued a new Special Use Permit to Golden on December 18,2000, which is valid until December 31, 2029. (d) On December 31, 1997, an application for approval of a plan for augmentation andexchange was filed in Case No. 97CW305 by Vidler, individually, and as agent for Robert C. and Judity Anderson, Dennis andGeorgia Clifton, Christopher C. and Diane L. Coleman, Michael Cuthbertson, Alfred and JoAnn Gieck, Dr. Peter C. and PatriciaJanes, Chuck and Sue Knickrehm, Erroll and Susan Miller, Joseph and Ann Mitchell, James R. and Nancy T. Moritz, Gary and GailNease, Gary B. Probst, Arnold Rich, Robert and Ann Springer, Lloyd and Marlene Vanderburgh, Ceasar Verdelli, and Lawrence andBernadette Waetjen. The Willow Creek Unit is included in the application filed in Case No. 97CW305, and serves as an augmentationsource for a series of wells and infiltration galleries located in Summit County referred to as the Lower Blue River Wells, the UpperBlue River Wells and the Swan River Wells. Case No. 97CW305 is currently pending. (e) W. W. Wheeler and Associates, Inc.(“Wheeler”) performed a variety of engineering services related to the feasibility of alternative uses of the Vidler Tunnel Unitincluding: storage in the proposed Douglas Mountain Reservoir in Clear Creek County in 1997; storage in Georgetown Reservoir in1998 and 1999; and the feasibility of direct use on the Golden municipal golf course in 2000 and 2001. In 1997, Wheeler performed ajoint operations feasibility operation study related to use of the Vidler Tunnel Unit water right by Central City. Wheeler performedthe aforementioned engineering services at a cost of over $19,000. (f) Vidler entered into a Water Supply and Storage Agreementwith the Town of Georgetown (“Georgetown”) on August 17, 2000, in which Georgetown granted Vidler the right to store 100 acrefeet of water rights, including the Vidler Tunnel Unit, in Georgetown Lake, and in which Vidler agreed to provide Georgetown with25 acre feet of direct flow water rights (the “Georgetown Agreement”). Vidler, Georgetown and Golden subsequently entered into anagreement to transfer an interest in the Georgetown Agreement to Golden. (g) The Willow Creek Unit is the final phase of the overallVidler Tunnel Project, and is intended to provide a source of augmentation or exchange water for the Vidler Tunnel Unit. As such, theWillow Creek Unit is an integral element and was adjudicated as a part of the overall Vidler Tunnel Project. Accordingly, the WaterCourt specifically determined in Case No. 83CW78 that “for purposes of this diligence proceeding and all future diligenceproceedings, work performed on the Vidler Tunnel Unit inures to the benefit of and constitutes diligence as to the Willow CreekUnit.” (Judgement and Decree in Case No. 83CW78, Paragraph 8). WHEREFORE, Applicants request that a finding that the waterrights described in paragraph 4 above have been made absolute, and a finding of reasonable diligence be entered for the remainder ofthe conditional water rights described herein. (6 pages).

12. 01 CW178 Rio Blanco County, East Douglas Creek, tributary to Douglas Creek, tributary to the White River. Name,address and telephone number of Applicant: W. Russell Withers, Jr., 345 Hillcrest Avenue, Grand Junction, Colorado 81501. Name ofattorney, address and telephone number: John T. Howe, Esq., Hoskin, Farina, Aldrich & Kampf, Professional Corporation, Post OfficeBox 40, Grand Junction, Colorado 81502; (970) 242-4903. Name of structure: Tipp Ditch. Type of application: Application for Findingof Reasonable Diligence. Source: East Douglas Creek, tributary to Douglas Creek, tributary to the White River. Location: NW¼NW¼,Section 13, T4S, R101W, 6th P.M. Type of Use: Irrigation. Appropriation Date: April 4, 1980. Type of structure: Ditch. Quantity: 3.36c.f.s. Additional information: The application contains a detailed outline of the work performed during the diligence period. (4 pages).

13. 01CW179 (Pitkin, Roaring Fork River, Water District No. 38) Name, address and phone number of Applicant: GeorgeShifrin, c/o Rhonda J. Bazil, Boyd & Bazil, LLP, 632 E. Hopkins Ave., Aspen, Colorado 81611 (970) 925-7171. APPLICATIONTO MAKE ABSOLUTE AND FOR FINDING OF REASONABLE DILIGENCE. First Claim: Douglas Cerise Well No. 2.Location: The well is located in Section 24 Township 7 South, Range 88 West of the Sixth Principal Meridian 500 feet from theNorth section line and 2,000 feet from the East section line of said Section 24. Appropriation Date: October 1, 1985. Amount: 25g.p.m. (0.056 c.f.s.). Use: Municipal, commercial and livestock uses. The application contains a detailed description of the activitiesperformed during the diligence period. Second Claim: Cerise Pond No. 1. Location: The NW1/4, NE1/4, Section 24, Township 7South, Range 88 West, 6th P.M. at a point 200 feet from the North line and 1,450 from the East line of said Section 24. AppropriationDate: October 1, 1985. Amount: 2.22 acre-feet. Use: Municipal, commercial and livestock uses. Water applied to beneficial use:Date: June 1, 1999; Amount: 2.22 acre-feet; Use: Commercial and livestock uses. (5 pages).

14. 01CW180 (94CW133) GARFIELD COUNTY – SPRING, TRIBUTARY TO THE COLORADO RIVER. Donald A.Epperly; P.O. Box 864; Silt, CO 81652 970-876-2494. Epperly Spring – Application to Make Absolute. Location: NW1/4SE1/4 Sec.23, T. 6S., R. 92W., 6th P.M., at a point 1,400 ft. from south section line and 3, 000 ft. from west section line and said sec. 23.Appropriation: September 14, 1992. Amount: 0.05 cfs., conditional. Use: livestock. (2 pages).

15. 01CW181 - Mesa Creek, Plateau Creek, Colorado River in Mesa County Mesa Creek Farms, Inc., c/o Tom Kinney, Esq.,Hill, Edwards, Edwards & Kinney, L.L.C., 502 Main Street, Suite 201, Carbondale, CO 81623. Application for Water Rights, Changeof Water Rights and Approval of Plan for Augmentation. First Claim for Underground Water Rights. Owens Well located in the


SE¼SW¼, Section 31, T.10S., R.96W., 6th P.M. at a point 110 feet distant from South line and 2120 feet distant from West line ofsaid Section 31, for 0.022 cfs, conditional for domestic, irrigation and commercial purposes. Second claim for surface water rights.MCF Pond, an off-channel pond located in the SE¼SW¼ of Section 31, T.10S., R.96W., 6th P.M. at a point 50 feet distant from Southline and 2250 feet distant from West line of said Section 31, for 1.0 acre-feet conditional for augmentation, irrigation and commercialpurposes. MCF Alternate Pond, an off-channel pond located in the SE¼SW¼ Section 31, T.10S., R.96W., 6th P.M. at a point 100 feetdistant from South line and 2150 feet distant from West line of said Section 31. Third Claim for Change of Water Rights. Changing1.6 acre-feet of 3.0 acre-feet of water rights under Certificate No. 513 in the Mesa Creek Reservoir and Canal Company decreed bythe District Court for Mesa County in Civil Action No. 1927 on July 22, 1912, and Civil Action No. 5812 on July 25, 1941, for a totalof 1,115.33 acre-feet of water for irrigation purposes stored in Mesa Creek Reservoir Nos. 1 through 5, to add augmentation as adecreed use of said 1.6 acre-feet. Fourth Claim for Approval of Plan for Augmentation. Applicant shall store water released fromMesa Creek Reservoir Nos. 1 through 5 pursuant to the 3 shares (3.0 acre-feet) of water rights under Certificate No. 513 in the MesaCreek Reservoir and Canal Company in either the MCF Pond or the MCF Alternate Pond in the amount of 0.53 acre-feet of waterduring early May, mid-August and mid-October. Infiltration of a total of 1.6 acre-feet of water per year from either the MCF Pond orthe MCF Alternate Pond will recharge the groundwater table and thereby replace all out-of-priority depletions of Mesa Creek resultingfrom diversions at the Owens Well for domestic, and greenhouse irrigation and commercial purposes, and evaporation from either theMCF Pond or the MCF Alternate Pond. (8 pages).

16. 01CW182Garfield County, Roaring Fork and Colorado Rivers. First Amended Application for Water Rights and Plan ofAugmentation with Exchange. Applicant: ROCKY MOUNTAIN MANSIONS III, LLC, c/o Caloia & Houpt, P.C., 1204 Grand Ave.,Glenwood Springs, CO. 1st Claim. Structures: RMM Wells.

Name Amount(g.p.m.)

Location(3) WellDepth(feet)

1/4 ¼ Sec. Township Range Feet Feet

RMM Well No.1A 50 SE SW 13 7 S. 88 W. 1209FSL 1865FWL 200

RMM Well No.1B 50 SE SW 13 7 S. 88 W. 1210FSL 1965FWL 200

RMM Well No.2A 50 NW NW 24 7 S. 88 W. 400 FNL 2240FWL 200

RMM Well No.2B 50 NW NW 24 7 S. 88 W. 400 FNL 2340FWL 200

RMM Well No. 3A 50 SW NW 24 7 S. 88 W. 2264 FNL 760FWL 200

RMM Well No. 3B 50 SW NW 24 7 S. 88 W. 12264 FNL 860FWL 200

Source: groundwater trib. to Roaring Fork and Colorado Rivers. Approp.: 11/2/2000 by contract for purchase of property, formationof intent to drill wells to provide water for a subdivision and development of the property, field inspection of the water rights and theproperty. Uses: domestic, livestock, irrigation and central community center with kitchen & spa on lands in NW1/4 andNW1/4SW1/4 Sec. 24, NW1/4SW1/4 Sec. 13 T7S, R88W, 6th P.M., Garfield County. Augmentation Plan with Exchange: GreenMountain Reservoir: Source: Blue River, trib. of Colorado River. located 16 miles SE Kremmling in Secs. 11, 12, 13, 14, 15, & 24,T2S, R80W, and Secs 17, 18, 19, 20, 21, 28, 29, & 34, T2S, R79W 6th P.M. Adjud.: 10/12/1955. Approp.: 8/1/1935. Case No: 2782,5016 & 5017. Court: USDC, District of Colorado. Amt: 154,645 A.F. Uses: see "Manner of Operation of Project Facilities andAuxiliary Facilities" in Senate Document 80. Ruedi Reservoir: Frying Pan River, trib. of Colorado River located in Secs 7, 8, 9, 11 &14-18, T8S, R84W 6th P.M. Eagle and Pitkin Counties. Adjud: 6/20/1958. Approp: 7/29/1957. C.A. 4613. Garfield County DistrictCourt. Amt: 102,369 A.F. Uses: generation of electric energy, domestic, municipal, industrial, irrigation and stock watering. TroyDitch and Edith Ditch rights:

AMOUNT SOLD, TRANSFERREDOR RESERVED

AMOUNTREMAINING(10)

STRUC-TURE

PRIOR-

ITY

COURTCASENO.

ADJDATE

APPDATE

DECREEDAMT(CFS)

USE

(4)(5) (6) (7) (8) (9) CFS AF


TroyDitch (1)

370 3082 08/25/1936

05/01/1906

5.10 I 0.000

0.000 0.095

0.064

0.035

4.906 N/A

TroyDitch 1stEnlg

427 3082 08/25/1936

05/01/1928

10.80

I 0.000

0.000 0.200

0.134

0.073

10.393

N/A

TroyDitch 2ndEnlg

669 4613 06/20/1958

06/01/1942

6.20 I 0.000

0.000 0.115

0.077

0.042

5.966 N/A

EdithDitch

353 3082 08/25/1936

05/01/1904

2.72 I 0.110

0.1320

0.050

0.000

0.018

2.410 N/A

EdithDitch 1stEnlg

673 4613 06/20/1958

07/01/1946

3.23 I 0.000

0.000 0.060

0.000

0.022

3.148 N/A

TroyDitchWtrSystemakaLowerHeadgate

(2) W-2281

15.50(3)

I,D,MC,P

0.110

0.1320

0.520

0.275

0.190

14.273

412.89

(1) Originally diverted from Miller Creek. All others originally diverted from Frying Plan River.(2) Alternate point for all priorities of Troy and Edith Ditches.(3) Combined amount limited to 15.5 cfs and 453 AF of C.U., 300 AF of which can be stored.(4) I = Irrigation, D = Domestic, M = Municipal, C = Industrial and P = Piscatorial.(5) Transferred to Edith Ditch Well in Case No. 80CW1 with 1.0 AF.(6) Transferred to three springs on Cap K Ranch in Case No. 82CW189 (1.29 AF assumed to be included).(7) Deeded to George Yates w5.4 AF in 1983. 0.2 cfs and 10.60 cfs included in 82CW357 for Ruedi South Shores augmentation

plan.(8) Deeded to Joan Wheeler in 1987 for diversion at the Troy Ditch 1st and 2nd Enlargement (16.9 AF assumed to be included).(9) Reserved for augmentation of Cap K Ponds with 5.52 AF. Case No. 91CW220.(10) A total of 40.11 AF of the original 453.00 AF has been sold or transferred.In W-2281, Div5, 453 A.F/yr. can be stored in an unnamed reservoir. BWCD has 412.89 A.F., and makes the water rights availablefor use by delivery to the Frying Pan, Roaring Fork or Colorado Rivers or by-passing water at headgate on the Frying Pan River.Applicant applied for 12 A.F./yr. RMM Wells will be the source of water for 53 residential units on 181 acres located as set forthabove. A community center with barn for horses, kitchen, spa with pool, showers and restrooms. Waste water treated by septic tankleach field, 40 horses or other livestock. Diversions and annual C.U. for Wells Nos. 1A-3B: 350 g/p/d/home (53 units). Irrigation: 450g/p/d/lot (2500 square feet per lot), 1200 g/p/d (21,500 square feet of open space). Community Center: 1050 g/p/d (kitchen facility andspa). Stock: 600 g/p/d (Forty head at 15 gal each), all in-house uses 15% consumptive, irrigation 70% efficient, stock 100%consumptive, total diversions: 33.37 A.F./yr. Total C.U. is 11.49 A.F. Applicant proposes to augment all out-of-priority depletionswith BWCD water sources. (7 pages)

17. 01CW183 Garfield County, Garfield Creek, Colorado River. Applicants: David Alderson and Bernard R. Long, c/oJefferson V. Houpt, Caloia & Houpt, P.C., 1204 Grand Avenue, Glenwood Springs, CO 81601. (970) 945-6067. 1st Claim.SURFACE WATER RIGHTS. Name of structure: Long Alder Spring. Location: SW1/4 NE1/4 Section 32, T7S, R90W 6th P.M.,at latitude 39°29’15.2” N and longitude 107°27’39.6” W. Source: Groundwater tributary to Garfield Creek, tributary to ColoradoRiver. Date of initiation of appropriation: 11/1/2000. Appropriation initiated by: Field inspection, planning studies, formulation ofintent to divert and apply water to beneficial use. Amount claimed: 0.01 cfs (5 g.p.m.), conditional. Proposed uses: Domestic andirrigation. Total number of acres proposed to be irrigated: 2,000 square feet. Remarks: Out-of-priority exercise of the Spring will beaugmented under the plan for augmentation described in the Third Claim herein. Owner of land on which spring is located:Applicants. 2nd Claim: WATER STORAGE RIGHT. Name of structure: Long Alder Pond. Legal description: Location of Dam:SW1/4 NE1/4 Section 32, T7S, R90W 6th P.M., at latitude 39°29’14.9” N and longitude 107°27’41.5” W. The pond will be filled


with water diverted from Garfield Creek through the Williams Ditch No. 2, the headgate of which is located in the NW1/4 SE1/4NE1/4 Section 32, T6S, R90W 6th P.M. Source: Garfield Creek, tributary to Colorado River. Amount: 0.5 acre feet, conditional,with the right to fill and refill in priority. The maximum rate of fill shall be 0.5 c.f.s. Appropriation date: 11/1/ 2000. Appropriationwas initiated by: Field inspection, planning studies, formulation of intent to divert and apply water to beneficial use. Date waterapplied to beneficial use: N/A. Proposed uses: Fire protection, recreation, aesthetic, fish and wildlife propagation, and augmentation.Surface area of high water line: 0.07 acres. Maximum height of dam: 7 feet. Length of dam: 60 feet. Total capacity of reservoir: 0.5acre feet. Active capacity: 0.48 acre feet. Dead storage: 0.02 acre feet. Name and address of owner of land upon which pond islocated: Bernard Long, 8153 County Road 312, New Castle, CO 81647. 3rd claim: REQUEST FOR APPROVAL OF PLAN FORAUGMENTATION. Structure to be augmented: Long Alder Spring. Other water rights diverted through these structures: None.Water rights to be used for augmentation: Water stored in priority in Long Alder Pond, pursuant to the Second Claim for Reliefherein. Statement of plan for augmentation: Applicants are the owner of Lots 1 and 2, Long Subdivision, Garfield County Colorado.Applicants intend to construct one accessory dwelling unit (“ADU”) on each lot. Domestic water and limited irrigation water will beprovided to the two ADUs from Long Alder Spring. Any out-of-priority depletions to Garfield Creek and the Colorado Riverresulting from the exercise of Long Alder Spring will be replaced with releases of water stored in Long Alder Pond. Long Alder Pondwill be filled each year from Garfield Creek through Williams Ditch No. 2 under the priority claimed in the Second Claim for Reliefabove. Table I sets forth annual water demand and depletions for Long Alder Spring, Table II sets forth anticipated monthlyevaporation from Long Alder Pond. Applicants will install such measuring devices and provide such accounting as the DivisionEngineer may require. (5 pages.)

18. 01CW184 Garfield County, Roaring Fork and Colorado Rivers, Applicant: Mark and Katherine Cesark, c/o Caloia &Houpt, P.C., 1204 Grand Ave., Glenwood Springs, CO. 1st Claim: Name: MKC Well No. 1. Loc: SW¼ NW¼ of Sec. 28, T7 S,R87W, 6th P.M., at a pt 1370’ from N and 1200’ from W Sec. line. Source groundwater trib to Roaring Fork and Colorado Rivers,Depth: 200’. Approp. date: 8/25/2000 by contract for purchase of property and formation of intent to develop property. Amt 15 g.p.m.,cond. Uses: dom, livestock and irr on land owned by App in SW¼ NW¼ Sec. 28, T7S, R87W, 6th P.M., 2nd Claim: Water rights tobe used for augmentation: Green Mountain Res, Source Blue River, trib of Colorado River, located approx 16 miles SE of the Townof Kremmling, Summit County, in all or parts of Secs 11, 12, 13, 14, 15, and 24 of T2S, R80W, and Sec 17, 18, 19, 20, 21, 28, 29,and 34, T2S R79W, 6th P.M., Adj 10/12/1955, Approp 8/1/1935 Case No 2782, 5016, and 5017 US Dis Ct, Dis of CO, Amt:154,645af for uses in accord with Senate Document 80. Ruedi Reservoir. Date: 6/20/1958. Case no: 4613, Gar Co Dis Ct. Use: Storage, Theoutlet of the dam is located at the point whence the SW Cor of Sec 7, T8S, R84W, 6th P.M. bears N. 68°58’00” a distance of 1,126’.Source: Fryingpan River. Troy and Edith Ditch rights:


AMOUNTREMAINING(10)

STRUCTURE

PRIORITY

COURTCASENO.

ADJDATE

APPDATE

DECREEDAMOUNT(CFS)

USE

(4)(5) (6) (7) (8) (9) CFS AF

TroyDitch (1)

370 3082 08/25/1936

05/01/1906

5.10 I 0.000

0.000 0.095

0.064

0.035

4.906 N/A

TroyDitch 1stEnlg

427 3082 08/25/1936

05/01/1928

10.80 I 0.000

0.000 0.200

0.134

0.073

10.393

N/A

TroyDitch2ndEnlg

669 4613 06/20/1958

06/01/1942

6.20 I 0.000

0.000 0.115

0.077

0.042

5.966 N/A

EdithDitch

353 3082 08/25/1936

05/01/1904

2.72 I 0.110

0.1320

0.050

0.000

0.018

2.410 N/A

Edith

673 4613 06/20/19 07/01/19 3.23 I 0.00 0.000 0.06 0.00 0.02 3.148 N/A


Ditch 1stEnlg

58 46 0 0 0 2

TroyDitchWaterSystemakaLowerHeadgate

(2) W-2281

15.50(3) I,D,MC,P

0.110

0.1320

0.520

0.275

0.190

14.273

412.89

(1) Originally diverted from Miller Creek. All others originally diverted from Frying Plan River.(2) Alternate point for all priorities of Troy and Edith Ditches.(3) Combined amount limited to 15.5 cfs and 453 AF of consumptive use, 300 AF of which can be stored.(4) I = Irrigation, D = Domestic, M = Municipal, C = Industrial and P = Piscatorial.(5) Transferred to Edith Ditch Well in Case No. 80CW1 with 1.0 AF.(6) Transferred to three springs on Cap K Ranch in Case No. 82CW189 (1.29 AF assumed to be included).(7) Deeded to George Yates with 15.4 AF in 1983. 0.2 cfs and 10.60 cfs was included in Case No. 82CW357 for Ruedi South

Shores augmentation plan.(8) Deeded to Joan Wheeler in 1987 for diversion at the Troy Ditch 1st and 2nd Enlargement (16.9 AF assumed to be included).(9) Reserved for augmentation of Cap K Ponds with 5.52 AF. Case No. 91CW220.(10) A total of 40.11 AF of the original 453.00 AF has been sold or transferred.

In Case No. W-2281, Water Div 5 Court decreed 453 af annual consumptive-use credits to these ditches (300 af to be storedin res) of which BWCD owns 412.89 af . Troy and Edith ditch aug water can be delivered to Frying Pan, Roaring Fork or ColoradoRivers by-passing water at the headgates. Robinson Ditch. Decreed in C.A. Nos. 132, 1061 and 3082, Gar Co Dis Ct, and Case Nos.W-2673. W-2872, W-3725, Dis Ct, Water Div 5., Favre Domestic Spring and Pipeline. Decreed in C.A. No. 4613 Gar Co Dis Ct,6/20/1958. Cons use credits for the Robinson Ditch and the Favre Domestic Spring & Pipeline were determined in 93CW319, WaterDivision No. 5).The Applicant has applied for a contract from the BWCD for 1 acre feet of water per year. MKC Well No. 1 will be thesource of water for 1 single family dwelling on 6.24 acres in SW¼ NW¼ Sec28, T7S, R87W, 6th P.M.. Waste water treatment;septic tank leach field. Stock watering of 2 livestock. Assumptions Domestic: 350 g/p/d, 15% c.u.; Irr: 700 g/p/d (6,000 s.f.) 80%efficient, Stock: 30 g/p/d (2 head), 100% consumptive. Diversions of 1 af per year and consumptive use 0.40 A.F. Applicantproposes to augment all out-of-priority depletions with the BWCD sources up to 1.0 A.F. annually. (6 pages).

19. 01CW185 Garfield County, Cattle Creek, Roaring Fork and Colorado Rivers, APPLICATION FOR WATER RIGHTS,PLAN FOR AUGMENTATION AND EXCHANGE. Applicant: Stirling Properties, LLC, c/o Caloia & Houpt, P.C., 1204 GrandAvenue, Glenwood Springs, CO. 1st Claim. BB Lot No. 5 Well in NW¼ SW¼ Sec. 11, T7 S, R87W 6th P.M., 2000 ft from S and2780 ft from W Sec. Line. BB Lot No. 6 Well in NW¼ SW¼ Sec 11, T7 S, R87W 6th P.M., 1820 ft from S and 2020 ft from W Secline. Depth: 200 ft . Amt per well: 15 g.p.m. (0.033 c.f.s.), cond. Approp. date: 6/15/2001 initiated by: field inspection, planning andengineering studies, form of intent to divert and apply water to beneficial use. Uses: domestic, irrigation and stock watering on landsin NW¼SE1/4 Sec. 11, T7S, R88W, 6th P.M. on Lots 5 and 6 of Baby Beans subdivision described in Gar Co Clerk and Recorder atrec No. 303003. 2nd Claim. BB Lot 5 Ditch, in SW¼ NE1/4 Sec. 11, T7S, R88W, 6th P.M. 3,850 ft from N and 2,200 ft from E Sec.line, Sec. 11. Source: trib. to Cattle Creek, Roaring Fork and Colorado Rivers. Approp.: 6/18/2001, by development of plans to installa pond and formation of the intent to build a pond store water for ben uses Amt: 0.50 c.f.s., cond. Uses: To fill the BB Lot 5 Pond forstock watering, wildlife, aesthetic, piscatorial, irrigation and recreational uses. 3rd claim. BB Lot 5 Pond. Location: NW¼ SE¼ Sec 11T7S, R88W 6th P.M., on Lot 5 of Baby Beans Subdiv, 2570 ft from E and 3700 ft from N. Sec. line of Sec. 11 Source: BB Lot 5 PondDitch, and local runoff trib. to Cattle Creek Approp 6/18/2001, by development of plans to develop a pond on the property, planningfor a houseand pond and formation of intent to store water for beneficial uses. Amt: 1/2 A.F., conditional, with right to fill and refillin priority. Uses: recreation, piscatorial, wildlife, stock watering, aesthetic and wildlife uses. BB Lot 6 Ditch. NW¼ SE¼ Sec. 12,T7S, R88W 6th P.M. 3,750 ft from N and 1,800 ft from E sec lines, Sec. 12. Source: trib. to Cattle Creek, Roaring Fork and ColoradoRivers. Approp: 6/18/2001, by development of plans to install a pond and formation of the intent to build a pond store water for benuses Amt .5 c.f.s., cond. Uses: To fill the BB Pond No. 6 for stock watering, wildlife, aesthetic, piscatorial, recreational uses. 4th


Claim. BB Lot 6 Pond. NE¼ SE¼ Sec. 11 T7S, R88W 6th P.M., on Lot 6 of Baby Beans, 1,900 ft from E and 3,650 ft from N seclines Sec. 11. Source: BB Lot 6 Ditch, and local runoff trib. to Cattle Creek. Approp: 6/18/ 2001, by development of plans to developa pond on the property, planning for a house with pond and formation of intent to store water for beneficial uses. Amt: 1/2 acre-foot,cond with right to fill and refill in priority. Uses: recreation, piscatorial, wildlife, stock watering, aesthetic and wildlife. Plan forAugmentation and Exchange. BWDC: Green Mountain Res Source: Blue River located 16 miles SE of Kremmling in SummitCounty, in of Secs. 11, 2, 13, 14, 15, and 24 of T2S, R80W, and in Secs. 17, 18, 19, 20, 21, 28, 29, and 34, T2S, R79W 6th P.M.Adjud.: 10/12/1955. Approp.: 8/1/1935. Case No.: 2782, 5016, and 5017. Court: USDC, District of Colorado for 154,645 A.F. Uses:in accordance with "Manner of Operation of Project Facilities and Auxiliary Facilities" in Senate Document 80. Ruedi Reservoir:Source: Frying Pan River, trib. of Colorado River in Secs. 7, 8, 9, 11, & 14-18, T8S, R84W 6th P.M. in Eagle & Pitkin Counties.Adjud.: 6/20/1958. Approp.: 7/29/1957. C.A. 4613. Gar Co Dis Ct. Amt: 102,369 A.F. Uses: generation of electricity, domestic,municipal, industrial, irrigation and stock watering. Case81CW34, Ruedi Res obtained a refill right for 101,280 A.F., cond. TroyDitch and Edith Ditch rights:


AMOUNTREMAINING(10)

STRUCTURE

PRIORITY

COURTCASENO.

ADJDATE

APPDATE

DECREEDAMOUNT(CFS)

USE

(4)(5) (6) (7) (8) (9) CFS AF

TroyDitch(1)

370 3082 08/25/1936

05/01/1906

5.10 I 0.000

0.000 0.095

0.064

0.035

4.906 N/A

TroyDitch1stEnlg

427 3082 08/25/1936

05/01/1928

10.80 I 0.000

0.000 0.200

0.134

0.073

10.393

N/A

TroyDitch2ndEnlg

669 4613 06/20/1958

06/01/1942

6.20 I 0.000

0.000 0.115

0.077

0.042

5.966 N/A

EdithDitch

353 3082 08/25/1936

05/01/1904

2.72 I 0.110

0.1320

0.050

0.000

0.018

2.410 N/A

EdithDitch1stEnlg

673 4613 06/20/1958

07/01/1946

3.23 I 0.000

0.000 0.060

0.000

0.022

3.148 N/A

TroyDitchWaterSystemakaLowerHeadgate

(2) W-2281

15.50(3) I,D,MC,P

0.110

0.1320

0.520

0.275

0.190

14.273

412.89

(1) Originally diverted from Miller Creek. All others originally diverted from Frying Plan River.(2) Alternate point for all priorities of Troy and Edith Ditches.(3) Combined amount limited to 15.5 cfs and 453 AF of consumptive use, 300 AF of which can be stored.(4) I = Irrigation, D = Domestic, M = Municipal, C = Industrial and P = Piscatorial.(5) Transferred to Edith Ditch Well in Case No. 80CW1 with 1.0 AF.(6) Transferred to three springs on Cap K Ranch in Case No. 82CW189 (1.29 AF assumed to be included).


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

(8) Deeded to Joan Wheeler in 1987 for diversion at the Troy Ditch 1st and 2nd Enlargement (16.9 AF assumed to be included).(9) Reserved for augmentation of Cap K Ponds with 5.52 AF. Case No. 91CW220.(10) A total of 40.11 AF of the original 453.00 AF has been sold or transferred.In W-2281, Div 5, the Court decreed 453 A.F. of annual c-u credits to these ditches, 300 A.F. could be stored in an unnamed reservoir.The BWDC owns 412.89 A.F., and makes water available to contract allottees. The Troy and Edith augmentation water can bedelivered to the Frying Pan, Roaring Fork or Colorado Rivers by-passing water at the headgate on the Frying Pan River. RobinsonDitch. Decreed in C.A. Nos. 132, 1061 and 3082, Garfield County District Court, and Case Nos. W-2673. W-2872, W-3725, DistrictCourt, Water Division No. 5. Favre Domestic Spring and Pipeline. Decreed in C.A. No. 4613 Garfield County District Court,6/20/1958. (C.U. credits for the Robinson Ditch and the Favre Domestic Spring & Pipeline were determined in 93CW319, Div. 5).Carbondale Land Development Company (CLDC) Aug rights. Park Ditch and Reservoir Co. Applicants applied to lease .6 A.F. of historicC.U. decreed to water rights:

PARK DITCH WATER RIGHTS

DitchDecreedAmount(cfs)

PriorityNo.

DecreedLoc.Sec. 7,T7W,R87 W

AdjudicationDate

AppropriationDate C.A.

Park Ditch 9.0 221A. NW/SW/SE 6/26/1913 9/12/1904 1627Park Ditch 4.1 232 NW/SW/SE 6/09/1916 7/01/1912 1821Park Ditch 1.8 221A. NW/SW/SE 6/26/1913 9/12/1904 1627Park Ditch 2.0 232 NW/SW/SE 9/05/1918 7/01/1912 1973Landis Canal-alt. point ofPark Ditch,80CW113

130 718 NW/SW/SE 6/20/1958 7/29/1957 4613

CONSOLIDATED RESERVOIR WATER RIGHTS

StructureDecreedAmount(AF)

PriorityNo.

Decreed Loc.Sec. 7 T7W,R87 W

AdjudicationDate

AppropriationDate

C.A.

ConsolidatedReservoir

595.0 AF 8B NE/NE 2/15/1921 9/08/1898 2144


285.6 AF 678 NE/NE 6/20//1958 9/01/1948 4613


401.0 AF 754 NE/NE 11/5/1971 9/01/1948 5884

decreed in 79CW097 for Aug Use. Use for 4 dwelling units, 6,000 s.f. of irr, 4 horses using 11 g.p.d.each, 2 ponds replacingevaporation losses of .3 A.F. per year. BB Well Nos. 5 and 6 will be source of potable water supply for the homes and irrigation. 350g/p/d/ per house-15% C.U.; irr-80% C.U.; 100% C.U. for stockwater. All wastewater will be returned through individual sewagedisposal systems. Aug Water supplied by: Green Mountain or Ruedi Reservoir and/or as otherwise specified above to replace all out-of-priority depletions to meet a valid downstream call in non-irr season and when cattle creek is not on call. App applied to BWCD forup to 1 A.F. of water for such purposes. Water from the Park Ditch and Reservoir as adjudicated for use for augmentation uses in79CW97 will be used for irrigation season augmentation. The Applicants applied with CLDC for a perpetual lease of .6 A.F. annuallyto use in this augmentation plan. (11 pages.)

20. 01CW186 – WILL NOT BE PUBLISHED.

21. 01W187 GARFIELD, PITKIN, SUMMIT AND EAGLE COUNTIES – THE FRYING PAN, ROARING FORK,COLORADO AND BLUE RIVERS. APPLICATION FOR CHANGE OF WATER RIGHT AND FOR APPROVAL OF PLAN FORAUGMENTATION. INTRODUCTION Links/Vest Bair Chase ("Bair Chase") is the owner of 280 acres of land to become a plannedresidential development located in Garfield County, Colorado, known as the Bair Chase Development ("Development"), formerlyknown as "Sanders Ranch, PUD." A map and legal description of the Development are attached hereto as Exhibits A and B,respectively. By this Application, Bair Chase seeks approval of a change of water right and a plan for augmentation to provide waterfor municipal and domestic uses within the Development. Bair Chase intends to enter into a water service agreement with the RoaringFork Water and Sanitation District ("Roaring Fork District"), under which the Roaring Fork District would provide water service tothe Development using the water rights available pursuant to a water allotment contract ("Allotment Contract") between SandersRanch Holdings, LLC, n/k/a Bair Chase, and the Basalt Water Conservancy District ("Basalt District"), subject to the change of water


rights and augmentation plan applied for herein. The Basalt and Roaring Fork Districts are participating in this proceeding to thelimited extent necessary to monitor the change of water rights for the Basalt Conduit and the proposed plan to augment depletions atthe Aspen Glen and Coryell Ranch Wells. 1. Names, addresses and telephone numbers of Applicants: LinksVest/Bair Chase, LLC,Attn: James F. Wells, P.O. Box 1825, Carbondale, CO 81623 (970) 963-6660, c/o Brownstein Hyatt & Farber, P.C., Attn: Avra O.Morgan, 410 17th Street, 22nd Floor, Denver, CO 80202, (303) 223-1180; Roaring Fork Water and Sanitation District, c/o Balcomb &Green, P.C. Attn: Lori J. Satterfield, 818 Colorado Avenue, P.O. Box 790, Glenwood Springs, CO 81602, (970) 945-6546; BasaltWater Conservancy District, c/o Balcomb & Green, P.C., Attn: Lori J. Satterfield, 818 Colorado Avenue, P.O. Box 790, GlenwoodSprings, CO 81602, (970) 945-6546. FIRST CLAIM: Change of Water Right 2. Decreed name of structure for which change issought: Basalt Conduit. 3. Information from previous Decree: A. Date entered: June 20, 1958, as modified by Supplemental Decreedated August 3, 1959. B. Case No.: Civil Action No. 4613. C. Court: Garfield County District Court. D. Decreed point ofdiversion: The headgate and point of diversion is located on the left bank of the Frying Pan River at the head of the outlet tube for theRuedi Reservoir whence the SW Corner of Section 7, T. 8 S., R. 84 W. of the 6th P.M. bears N. 79º 00' W at a distance of 2,017.1 feet,in Pitkin County, as shown on the map attached hereto as Exhibit C. E. Source: Frying Pan River, tributary to the Roaring ForkRiver, tributary to the Colorado River. F. Appropriation date: July 29, 1957. G. Amount: 450 c.f.s. H. Use: Generation of electricenergy, domestic and municipal, stockwatering, piscatorial and industrial uses. 4. Proposed change: A. Change Requested: BairChase's Allotment Contract with the Basalt District entitles it to use 0.5 c.f.s. of the Basalt District's water right for the Basalt Conduit,decreed in Civil Action No. 4613 ("Basalt Conduit water right"). A copy of the Allotment Contract is attached hereto as Exhibit D.By this application, Bair Chase seeks approval to divert all or part of its 0.5 c.f.s. allotment of the Basalt Conduit water right at thefollowing alternate points of diversion owned and operated by the Roaring Fork District: Aspen Glen Well Nos. 1 through 7 ("AspenGlen Wells"); Coryell Ranch Well Nos. 1 – 14 ("Coryell Ranch Wells"); and the Roaring Fork Diversion ("Roaring Fork Diversion").The maximum total rate of diversion through the alternate points of diversion under the said changed right shall be 0.5 c.f.s., and thechanged right may be diverted at any one or any combination of the Aspen Glen and Coryell Ranch Wells, and the Roaring ForkDiversion. B. Locations of Alternate Points of Diversion: The locations of the Aspen Glen and Coryell Ranch Wells and the RoaringFork Diversion are indicated on Exhibit E. The Aspen Glen Wells are located in T.7S., R.88 W., 6th P.M., in Garfield County,Colorado, and are described as follows: Aspen Glen Well No. 1 located in the SE1/4 SW1/4, Sec. 20, at a point from whence the SECorner of Sec. 20 bears S. 78º15' E., 3,830 feet. Aspen Glen Well No. 2 located in the NW1/4 NE1/4, Sec. 29, at a point from whencethe NE Corner of Sec. 29 bears N. 70º45' E., 2,330 feet. Aspen Glen Well No. 3 located in the NW1/4 NE1/4, Sec. 29, at a point fromwhence the NE Corner of Sec. 29 bears N. 74º71' E., 1,855 feet. Aspen Glen Well No. 4 located in the NW1/4 NE1/4, Sec. 29, at apoint from whence the NE Corner of Sec. 29 bears N. 72º15' E., 2,585 feet. Aspen Glen Well No. 5 located in the NW1/4 NE1/4, Sec.29, at a point from whence the NE Corner of Sec. 29 bears N. 72º45' E., 2,150 feet. Aspen Glen Well No. 6 located in the NW1/4NE1/4, Sec. 29, at a point from whence the NE Corner of Sec. 29 bears N. 82º E., 2,300 feet. Aspen Glen Well No. 7 located in theNE1/4 NW1/4, Sec. 29, at a point from whence the NE Corner of Sec. 29 bears N. 82º25' E., 2,730 feet. The Coryell Ranch Wells alsoare located in said T.7S., R.88W. and are described as follows:

Well No. Quarter QuarterLocationin Section 29

Distance from North lineof Section 29

Distance from East Lineof Section 29

1 NE NE 1268.54 1021.952 SW NE 1849 2064.123 SE NE 2086.54 86.954 SE NE 1808.54 301.955 SE NE 1508.54 486.956 NE NE 1218.54 666.957 NE NE 928.54 966.958 NW NE 774 1284.129 SW NE 1469 1294.12

1. 10 2. SW NE 3. 1609 4. 1604.12

5. 11 6. SW NE 7. 1739 8. 1839.12

9. 12 10. NW NE 11. 879 12. 1619.12

13. 13 14. SE NE 15. 1733.54 16. 831.95

17. 14 18. SE NE 19. 1873.54 20. 971.95

The Roaring Fork Diversion is located on the West bank of the Roaring Fork River in the NE1/4 NE1/4, Section 29, Township 7 South,Range 88 West, 6th P.M., at a point whence the NE corner of said Section 29 bears North 53º18' East, a distance of 1,357.4 feet. C. Use:Diversions under the Allotment Contract shall be used for domestic and municipal purposes, including but not limited to fire protection


uses, and park and landscape irrigation on up to three acres of land. D. Amount: Water shall be diverted under the Allotment Contract at arate of up to 0.5 c.f.s., from any one or all of the Aspen Glen and Coryell Ranch Wells, and the Roaring Fork Diversion. E. Proposed planfor operation: The Aspen Glen and Coryell Ranch Wells and the Roaring Fork Diversion are owned and operated by the Roaring ForkDistrict. The Roaring Fork District will divert water through the Aspen Glen and Coryell Ranch Wells and the Roaring Fork Diversionunder the Basalt Conduit water right, pursuant to the Allotment Contract, to supply water to the Development. 5. Name and address ofowners of land on which structures are located: The Aspen Glen and Coryell Ranch wells and the Roaring Fork Diversion are located oneasements owned by the Roaring Fork District. SECOND CLAIM: Approval of Plan for Augmentation 6. Names of structures to beaugmented: Aspen Glen and Coryell Ranch Wells and Roaring Fork Diversion. There are other water rights decreed for diversion fromthese structures. This plan for augmentation shall apply only to those out of priority depletions under Bair Chase's Allotment Contract forthe Basalt Conduit water right. 7. Water rights used for augmentation: Pursuant to the Allotment Contract, Bair Chase is entitled to use upto 62.6 acre feet, total, of augmentation water from any of the three sources described below (Ruedi Reservoir, Green Mountain Reservoirand the Troy and Edith Ditches). A portion of the 62.6 acre-feet of Allotment Contract water will be dedicated to augmentation of out-of-priority depletions from the Aspen Glen and Coryell Ranch Wells and the Roaring Fork Diversion, pursuant to this Application. Portionsof the 62.6 acre-feet will also be dedicated to augmentation of evaporation losses from Bair Chase Lakes Nos. 1-5, pursuant to two separateapplications filed by Bair Chase (01CW188; and 01CW 189). A. Ruedi Reservoir: (1) Previous decrees: Ruedi Reservoir is a componentof the Frying Pan-Arkansas Project and was originally decreed for the storage of up to 140,697.3 acre feet of water in Civil Action No.4613, Garfield County District Court, on June 20, 1958, with a date of appropriation of July 29, 1957. Subsequently in Case No. W-789-76, the decreed storage capacity for this Reservoir was reduced to 102,369 acre feet. By decree of the water court in Case No. 81CW34,Ruedi Reservoir was decreed a refill right in the amount of 101,280 acre feet, conditional. In Water Court case No. 95CW95, 44,509 acrefeet was made absolute. (2) Legal description: Ruedi Reservoir is an on-channel reservoir located in Sections 7, 8, 9, 11, and 14 through18, Township 8 South, Range 84 West, of the 6th P.M. in Pitkin and Eagle Counties. (3) Source: Frying Pan River, tributary of ColoradoRiver. (4) Decreed amount: 102, 369 acre feet (originally decreed for 140, 697.3 acre feet; reduced to 102,369 acre feet in Case No. W-789-76; decreed for refill right of 101,280 acre feet, conditional, 44,509 acre feet subsequently made absolute). (5) Adjudication date: June20, 1958. (6) Appropriation date: July 29, 1957. (7) Decreed uses: Generation of electric energy, domestic, municipal, industrial, irrigationand stock watering. (8) Remarks: Augmentation water may be released from Ruedi Reservoir into the Frying Pan River, tributary to theRoaring Fork River, tributary to the Colorado River, to augment out-of-priority depletions caused by withdrawals through the CoryellRanch and Aspen Glen Wells and the Roaring Fork Diversion. The location of Ruedi Reservoir is indicated on Exhibit C. B. GreenMountain Reservoir: (1) Previous decrees: Water storage rights for Green Mountain Reservoir were originally decreed in Case Nos. 2782,5016, and 5017, United States District Court, District of Colorado, October 12, 1955. (2) Legal description: Green Mountain Reservoir isan on-channel reservoir and is located approximately 16 miles Southeast of the Town of Kremmling in Summit County, Colorado, andmore particularly in all or parts of Sections 11, 12, 13, 14, 15, and 24 of Township 2 South, Range 80 West, and of Sections 17, 18, 19, 20,21, 28, 29, and 34, Township 2 South, Range 79 West of the 6th P.M. (3) Source: Blue River, tributary of Colorado River. (4) Decreedamount: 154,645 acre feet. (5) Adjudication date: October 12, 1955. (6) Appropriation date: August 1, 1935. (7) Decreed uses: Inaccordance with paragraph 5(a), (b), and (c) of the section entitled "Manner of Operation of Project Facilities and Auxiliary Facilities" inSenate Document 80. (8) Remarks: Augmentation water from Green Mountain Reservoir may be delivered to the Colorado River toaugment out-of-priority depletions through the Coryell and Aspen Glen Wells and the Roaring Fork Diversion below the confluence of theColorado and Roaring Fork Rivers. See map indicating location of Green Mountain Reservoir, attached as Exhibit C.C. Troy Ditch and Edith Ditch Water Rights:Troy Ditch (1): Priority: 370; Court Case No.: 3082; Adj. Date: 08/25/1936; App. Date: 05/01/1906; Decreed Amount (c.f.s.): 5.10;Use (4): 1;Amount Sold, Transferred or Reserved: 0.000 (5), 0.000 (6), 0.095 (7), 0.064 (8); 0.035 (9);Amount Remaining (10): C.F.S.: 4.906;AF: N/A.Troy Ditch 1st Engl: Priority: 427; Court Case No.: 3082; Adj. Date: 08/25/1936;App. Date: 05/01/1928; Decreed Amount (c.f.s.):10.80; Use (4): 1;Amount Sold, Transferred or Reserved: 0.000 (5); 0.000 (6); 0.200 (7); 0.134 (8); 0.073 (9);Amount Remaining (10): C.F.S.: 10.393;AF: N/A.Troy Ditch 2nd Engl: Priority: 669; Court Case No.: 4613; Adj. Date: 06/20/1958;App. Date: 06/01/1942; Decreed Amount (c.f.s.):6.20; Use (4): 1;Amount Sold, Transferred or Reserved: 0.000 (5); 0.000 (6); 0.115 (7); 0.077 (8); 0.042 (9);Amount Remaining (10): C.F.S.: 5.966;AF: N/A.Edith Ditch: Priority: 353; Court Case No.: 3082; Adj. Date: 08/25/1936;App. Date: 05/01/1904; Decreed Amount (c.f.s.): 2.72; Use(4): 1;Amount Sold, Transferred or Reserved: 0.110 (5); 0.132 (6); 0.050 (7); 0.000 (8); 0.018 (9);Amount Remaining (10): C.F.S.: 2.410;AF: N/A.Edith Ditch 1st Engl: Priority: 673; Court Case No.: 4613; Adj. Date: 06/20/1958;App. Date: 07/01/1946; Decreed Amount (c.f.s.):3.23; Use (4): 1;Amount Sold, Transferred or Reserved: 0.000 (5); 0.000 (6); 0.060 (7); 0.000 (8); 0.022 (9);Amount Remaining (10): C.F.S.: 3.148;AF: N/A.


Troy Ditch Water System aka Lower Headgate: Priority: (2); Court Case No.: W-2281; Decreed Amount (c.f.s.): 15.50(3); Use (4):I, D, M, C, P; Amount Sold, Transferred or Reserved: 0.110 (5); 0.132 (6); 0.520 (7); 0.275 (8); 0.190 (9);Amount Remaining (10):C.F.S.: 14.273; AF: 412.89.__________________________________________________________________________(1) Originally diverted from Miller Creek. All others originally diverted from Frying Pan River. (2) Alternate point for all prioritiesof Troy and Edith Ditches. (3) Combined amount limited to 15.5 c.f.s. and 453 AF of consumptive use, 300 AF of which can bestored. (4) I = Irrigation, D = Domestic, M = Municipal, C = Industrial and P = Piscatorial. (5) Transferred to Edith Ditch Well inCase No. 80CW1 with 1.0 AF. (6) Transferred to three springs on Cap K Ranch in Case No. 82 CW189 (1.29 AF assumed to beincluded). (7) Deeded to George Yates with 15.4 AF in 1983. 0.2 c.f.s. and 10.60 c.f.s. was included in Case No. 82CW357 for RuediSouth Shores augmentation plan. (8) Deeded to Joan Wheeler in 1987 for diversion at the Troy Ditch 1st and 2nd Enlargement (16.9AF assumed to be included). (9) Reserved for augmentation of Cap K Ponds with 5.52 AF. Case No. 91CW220. (10) A total of40.11 AF of the original 453.00 AF has been sold or transferred. The total amount remaining to the Basalt District under all the saidTroy and Edith Ditch water rights is 412.89 acre feet.______________________________________________________________________________In Case No. W-2281, Division 5, the Court decreed that 453 acre feet of annual consumptive-use credits were available to theseditches, and that 300 acre feet could be stored in an unnamed reservoir. The Basalt District owns 412.89 acre feet of the 453 acre feet,and makes the water rights available to contract allotees for use pursuant to an approved substitute supply plan or decree of the Court.Augmentation water from the Troy and Edith Ditches may be delivered to the Roaring Fork River by bypassing water at the headgatesto those ditches on the Frying Pan River. The location of the Troy and Edith Ditches is indicated on Exhibit C. D. Statement of Planfor Augmentation: (1) The Development will consist of approximately 320.2 residential EQRs and 29.35 commercial EQRs.(2) Domestic and municipal water service will be provided to the Development by the Roaring Fork District. The Roaring ForkDistrict will withdraw water through its Coryell Ranch and Aspen Glen Wells and the Roaring Fork Diversion under the BasaltConduit water right at a rate of up to 0.5 c.f.s. for use on the Development, pursuant to Bair Chase's Allotment Contract. All out-of-priority depletions associated with such diversions will be augmented by releases from the sources of augmentation supply available tothe Basalt District, including Ruedi Reservoir, Green Mountain Reservoir and the Troy and Edith Ditch water rights. Thisaugmentation plan will be administered under the direction of the Division Engineer, in the course of administering the BasaltDistrict's water supply program. (3) Bair Chase's plan for augmentation incorporates an exchange of water rights currently stored inGreen Mountain Reservoir for use in the Roaring Fork River to augment out-of-priority depletions caused by withdrawals pursuant tothe Basalt Conduit water right, as authorized by the Allotment Contract, through the alternate points of diversion applied for herein.Green Mountain Reservoir is located on the Blue River, tributary to the Colorado River, at the point described in paragraph 8.B.,above. Augmentation water may be released from Green Mountain Reservoir and delivered to the confluence of the Colorado andRoaring Fork Rivers. The reach of the exchange is between the confluence of the Colorado and the Roaring Fork Rivers, and thepoints of diversion for the Aspen Glen and Coryell Ranch Wells, and the Roaring Fork Diversion, described in paragraph 4., above.(4) The domestic and municipal water requirements for the Development, and the estimated augmentation requirements are describedin the table entitled Domestic/Municipal Water Requirements, attached as Exhibit F. The estimated amount of augmentation waterrequired, on a year round basis, equals 15.18 acre feet annually, based on the projections described in Exhibit F, including a 5% transitloss for water released from Ruedi and Green Mountain Reservoirs. (5) Wastewater treatment for the Development will be providedat the Roaring Fork District's Water Treatment Plant ("Treatment Plant"). Treated effluent will be discharged to the Roaring ForkRiver at the Treatment Plant outfall. The location of the outfall is depicted on Exhibit E. Applicants will take credit for such returnflows in their accounting and will only be required to augment out-of-priority depletions associated with diversions for municipal anddomestic in-house uses. (6) Municipal use within the Development shall include irrigation of up to 3 acres of parks and landscapedareas. Return flows from irrigation shall accrue to the Roaring Fork River. Applicants will take credit for such return flows in theiraccounting and will only be required to augment out-of-priority depletions associated with diversions for irrigation. Estimatedirrigation requirements and associated augmentation requirements are set forth in Exhibit F. Except for the 3 acres of parks andlandscaping irrigation, water for outdoor and irrigation uses (including irrigation of lawns and gardens) within the Development willbe supplied from the Roaring Fork River and Cattle Creek through the Glenwood and Staton Ditches, which uses are addressed in aseparate application. (7) This plan for augmentation and change of water rights will be administered based on an accounting plan tobe developed in conjunction with the State Engineer's Office. The accounting plan, at a minimum, will account for the elementsdescribed in Exhibit F. WHEREFORE, the Applicants respectfully request the Court to enter a decree granting the Application andapproving the requested change of water right and plan for augmentation, and specifically determining that: 1. Water may lawfullybe withdrawn under the Basalt Conduit water right at the alternate points of diversion described in this Application. 2. Augmentationis required only when the Basalt Conduit water right is out of priority and the estimated annual augmentation requirements, amountingto 15.18 acre feet annually, are appropriate and reasonable. 3. The change of water right and plan for augmentation (includingexchange) described herein will not cause injury to the owners of absolute water rights or decreed conditional water rights. (34 pages).

22. 01CW188 GARFIELD, PITKIN, SUMMIT AND EAGLE COUNTIES – CATTLE CREEK AND THE ROARINGFORK, COLORADO, FRYING PAN AND BLUE RIVERS. APPLICATION FOR SURFACE WATER RIGHTS, WATER


STORAGE RIGHT, CHANGE OF WATER RIGHTS AND FOR APPROVAL OF PLAN FOR AUGMENTATION.INTRODUCTION LinksVest/Bair Chase, LLC ("Bair Chase") is the owner of 280 acres of land to become a planned residentialdevelopment located in Garfield County, Colorado, known as the Bair Chase Development ("Development"), formerly known as"Sanders Ranch, PUD." A map and legal description of the Development are attached hereto as Exhibits A and B, respectively. Bythis Application, Bair Chase seeks approval of water rights related to Bair Chase Lake No. 5 ("Lake No. 5"), including surface waterrights, a water storage right, and a plan for augmentation, including a change of water rights. 1. Name, address and telephone numberof Applicant: LinksVest/Bair Chase, LLC, Attn: James F. Wells, P.O. Box 1825, Carbondale, CO 81623, (970) 963-6660 c/oBrownstein Hyatt & Farber, P.C., Attn: Avra O. Morgan, 410 17th Street, 22nd Floor, Denver, CO 80202, (303) 223-1180. FIRSTCLAIM: Surface Water Rights 2. Names of Structures: A. Glenwood Ditch Bair Chase Enlargement: (1) Point of diversion: Theheadgate of the Glenwood Ditch is located in Lot 11 of Section 28, Township 7 South, Range 88 West, 6th P.M., located at a pointwhence the Southwest Corner of Section 28 bears South 24º54'06" W., 2,665.19 feet, and the diversion point is situated in Lot 11 ofSection 28, Township 7 South, Range 88 West, 6th P.M., located at a point whence the Southwest Corner of Section 28 bears South28º29'23" W., 2770.32 feet, in Garfield County. From the headgate of the Glenwood Ditch, said ditch runs in a northwesterlydirection until it intersects with Cattle Creek, and then down Cattle Creek for about one hundred feet, using the bed of Cattle Creek aspart of the Glenwood Ditch, to another headgate of the Glenwood Ditch, located on the northeast bank of Cattle Creek in Section 7,Township 7 South, Range 88 West, of the 6th P.M., in Garfield County. The Glenwood Ditch is depicted on Exhibit A. (2) Source:Roaring Fork River, tributary to the Colorado River; and Cattle Creek, tributary to the Roaring Fork River. (3) Amount claimed: 20c.f.s. total, conditional. B. Staton Ditch Bair Chase Enlargement: (1) Point of diversion: The headgate and point of diversion aresituated in Tract 37 of Section 16, Township 7 South, Range 88 West, 6th P.M., at a point whence the Northwest corner of Section 16bears north 25º34'11" W., 818.74 feet, in Garfield County. The Staton Ditch is depicted on Exhibit A. (2) Source: Cattle Creek,tributary to the Roaring Fork River, tributary of the Colorado River. (3) Amount claimed: 5 c.f.s., conditional. C. Appropriation:(1) Date of appropriation: May 7, 2001. (2) How appropriation was initiated: By the formation of an intent to make the appropriationand overt acts constituting a substantial step towards the appropriation, including obtaining the approval of PUD zoning and sketchplan for the Bair Chase Development. (3) Date water applied to beneficial use: Water has not yet been applied to beneficial use. BairChase seeks conditional water rights. D. Proposed use: Water will be routed through Lake No. 5 year-round for water qualityenhancement, wildlife, and irrigation and wetlands purposes below Lake No. 5, inside a conservation easement ("ConservationEasement") located within the Development. A legal description of the Conservation Easement is attached as Exhibit C. TheConservation Easement is depicted on Exhibit A. (1) Number of acres historically irrigated: Not applicable. (2) Number of acresproposed to be irrigated: Approximately 1.75 acres. (3) Legal description of acreage to be irrigated: A legal description of theConservation Easement is attached as Exhibit C. 3. Name and address of owner of land on which points of diversion and place of useare located: LinksVest/Bair Chase, LLC, P.O. Box 1825, Carbondale, CO 81623. 4. Remarks: A. Lake No. 5 will be one of a total offive lakes on the Development. Bair Chase has applied for water rights and for approval of an augmentation plan for Bair ChaseLakes Nos. 1-4 under a separate application. All five lakes will be constructed on laterals of the Glenwood and Staton Ditches. B.Bair Chase owns a portion of the water rights decreed for the Glenwood Ditch and the Staton Ditch, as described in the followingTable 1. All or a portion of Bair Chase's existing water rights listed in Table 1 will be routed through Lake No. 5 along with the rightsclaimed herein in the Applicant's First Claim for Relief ("junior ditch enlargement rights"), and used for irrigation below Lake No. 5:Table 1.

Structure Priority Adj. Date Appr.Date

CaseNo.

DecreedAmount(cfs)

Amountowned byApplicant(cfs)

Source Uses

GlenwoodDitch

213BBBA

12/05/1908

11/18/1900

1338 32.0 8.23 RoaringFork River/ CattleCreek

Irrigation

GlenwoodDitch, firstEnlargement

339 8/25/1936 11/18/1901

3082 18.0 4.63 RoaringFork River

Irrigation

Staton Ditch 53 5/11/1889 2/15/1883 132 1.0 0.94 CattleCreek

Irrigation

Staton DitchFirstEnlargement

79 5/11/1889 3/01/1884 132 1.0 0.94 CattleCreek

Irrigation

Staton DitchThirdEnlargement

299 8/25/1936 4/15/1890 3082 2.98 2.81 CattleCreek

Irrigation


By separate application, Bair Chase has requested approval of a change of water rights allowing water under the priorities listed inTable 1 to be used for irrigation anywhere on the Development. In the same application, Bair Chase also seeks approval to use thepoint of diversion for the Staton Ditch, described above in paragraph 2.B(1), as an alternate point of diversion for the Glenwood Ditchwater right decreed in Case No. 1338, in the amount of 8.23 c.f.s. SECOND CLAIM: Water Storage Right 5. Name of reservoir: BairChase Lake No. 5. 6. Legal description: A. Location of dam: Lake No. 5 will be located within the Development. The size andspecific location of Lake No. 5 within the Development has not been finalized. In no event will the total surface area and storagevolume of the constructed lake exceed 5 acres and 25 acre feet, respectively. B. Ditches Used to Fill Reservoir: Glenwood and StatonDitches: See paragraphs 2.A.(1) and 2.B(1), above, for legal descriptions of the points of diversion for these ditches. 7. Source: CattleCreek, tributary to the Roaring Fork River, tributary to the Colorado River; and the Roaring Fork River, tributary to the ColoradoRiver. 8. Appropriation: A. Date of appropriation: May 7, 2001. B. How appropriation was initiated: By the formation of an intent tomake the appropriation and overt acts constituting a substantial step towards the appropriation, including obtaining approval of PUDzoning and sketch plan for the Bair Chase Development. C. Date water applied to beneficial use: Water has not yet been applied tobeneficial use. Bair Chase seeks a conditional water right for Lake No. 5. 9. Amount Claimed: A. Acre feet: 25.0 acre feet,conditional, with right to fill and successively refill. B. Rate of diversion for filling reservoir: 5.0 c.f.s. 10. Use: The lake will be usedwithin the Development for multiple uses including, but not limited to, recreation, aesthetic, wildlife, water quality enhancement andpiscatorial purposes. 11. Surface area of high water line: 5 acres. A. Maximum height of dam in feet: 10 feet. Bair Chase Lake No. 5will be constructed below grade and may not have a traditional dam. The active capacity of the lake will be controlled by the outletfeatures and the level of pump intakes for each lake. To the extent a dam is required, the height (which will not exceed 10 feet underany configuration) and length will depend on the final lake location and configuration. B. Length of dam in feet: See paragraph 11.A.,above. 12. Total capacity of reservoir in acre feet: 25 acre feet. A. Active capacity: 25 acre feet. B. Dead storage: 0. 13. Name andaddress of owner of land on which structure for the water storage right is located: LinksVest/Bair Chase, LLC, P.O. Box 1825,Carbondale, CO 81623. 14. Remarks: It is not anticipated that Lake No. 5 will intercept groundwater. However, if it is determinedthat the lake does intercept groundwater, Bair Chase will line Lake No. 5, or in the alternative, will obtain a well permit. THIRDCLAIM: Approval of Plan for Augmentation 15. Name of structure to be augmented: Lake No. 5, as described above. Operationally,Bair Chase's existing water rights in the Glenwood and Staton Ditches and the junior ditch enlargement rights will be routed throughLake No. 5 for irrigation and wetland purposes below the lake. Those diversions are not to be augmented pursuant to this plan.A. Previous decrees for water rights to be used for augmentation: Bair Chase will rely in part on consumptive use credits resultingfrom the dry-up of land within the Development that was historically irrigated under the Glenwood and Staton Ditches. Seediscussion of quantification of historic consumptive use credits for the Glenwood and Staton Ditches in Case No. W-2206, inparagraph 15.A(2), below. In addition, Bair Chase is entitled to use up to 62.6 acre feet of augmentation water from any of the threesources described below (Ruedi Reservoir, Green Mountain Reservoir and the Troy and Edith Ditch water rights), pursuant to a waterallotment contract with the Basalt Water Conservancy District (the "Allotment Contract"), attached hereto as Exhibit D. A portion ofthe 62.6 acre feet of Allotment Contract water will be dedicated to augmentation of evaporative depletions from Lake No. 5, pursuantto this Application. Portions of the 62.6 acre feet will also be dedicated to augmentation of evaporative depletions from Lake 1-4, andto augmentation of out-of-priority depletions associated with diversions from the Aspen Glen and Coryell Ranch Wells and theRoaring Fork Diversion, pursuant to two separate applications filed by Bair Chase (01CW189; and 01CW187). B. Ruedi Reservoir:(1) Previous decrees: Ruedi Reservoir is a component of the Frying Pan-Arkansas Project and was originally decreed for the storageof up to 140,697.3 acre feet of water in Civil Action No. 4613, Garfield County District Court, on June 20, 1958, with a date ofappropriation of July 29, 1957. Subsequently in Case No. W-789-76, the decreed storage capacity for this Reservoir was reduced to102,369 acre feet. By decree of the water court in Case No. 81CW34, Ruedi Reservoir was decreed a refill right in the amount of101,280 acre feet, conditional. In Water Court Case No. 95CW95, 44,509 acre feet was made absolute. (2) Legal description: RuediReservoir is an on-channel reservoir located in Sections 7, 8, 9, 11 and 14 through 18, Township 8 South, Range 84 West, of the 6th

P.M. in Pitkin and Eagle Counties. (3) Source: Frying Pan River, tributary of Colorado River. (4) Decreed amount: 102, 369 acre feet(originally decreed for 140, 697.3 acre feet; reduced to 102,369 acre feet in Case No. W-789-76; decreed for refill rights of 101,280conditional, 44,509 acre feet subsequently made absolute). (5) Adjudication date: June 20, 1958. (6) Appropriation date: July 29,1957. (7) Decreed uses: Generation of electric energy, domestic, municipal, industrial, irrigation and stock watering. (8) Remarks:Augmentation water may be released from Ruedi Reservoir into the Frying Pan River, tributary to the Roaring Fork River, tributary tothe Colorado River, to augment evaporation losses from Lake No. 5 . The location of Ruedi Reservoir is shown on Exhibit E.B. Green Mountain Reservoir: (1) Previous decrees: Water storage rights for Green Mountain Reservoir were originally decreed inCase Nos. 2782, 5016, and 5017, United States District Court, District of Colorado, on October 12, 1955. (2) Legal description:Green Mountain Reservoir is an on-channel reservoir and is located approximately 16 miles Southeast of the Town of Kremmling inSummit County, Colorado, and more particularly in all or parts of Sections 11, 12, 13, 14, 15, and 24 of Township 2 South, Range 80West, and of Sections 17, 18, 19, 20, 21, 28, 29, and 34, Township 2 South, Range 79 West, of the 6th P.M. (3) Source: Blue River,tributary of Colorado River. (4) Decreed amount: 154,645 acre feet. (5) Adjudication date: October 12, 1955. (6) Appropriation date:August 1, 1935. (7) Decreed uses: In accordance with paragraphs 5(a), (b), and (c) of the section entitled "Manner of Operation ofProject Facilities and Auxiliary Facilities" in Senate Document 80. (8) Remarks: Augmentation water from Green MountainReservoir may be delivered to the Colorado River to augment evaporation losses from Lake No. 5. The location of the GreenMountain Reservoir is shown on Exhibit E. C. Troy Ditch and Edith Ditch Water Rights:


Structure Priority

CourtCaseNo.

Adj.Date

App.Date

DecreedAmount(cfs)

Use(4)

Amount Sold, Transferred orReserved

AmountRemaining(10)

(5) (6) (7) (8) (9) CFS AFTroyDitch (1)

370 3082 08/25/1936

05/01/1906

5.10 1 0.000

0.000

0.095

0.064

0.035

4.906 N/A

TroyDitch1stt Enlg

427 3082 08/25/1936

05/01/1928

10.80 1 0.000

0.000

0.200

0.134

0.073

10.393

N/A

TroyDitch2nd Enlg

669 4613 06/20/1958

06/01/1942

6.20 1 0.000

0.000

0.115

0.077

0.042

5.966 N/A

EdithDitch

353 3082 08/25/1936

05/01/1904

2.72 1 0.110

0.132

0.050

0.000

0.018

2.410 N/A

EdithDitch1st Enlg

673 4613 06/20/1958

07/01/1946

3.23 1 0.000

0.000

0.060

0.000

0.022

3.148 N/A

TroyDitchWaterSystemaka LowerHeadgate

(2) W-2281

15.50(3)

I, D,M,C, P

0.110

0.132

0.520

0.275

0.190

14.273

412.89

(1) Originally diverted from Miller Creek. All others originally diverted from Frying Pan River. (2) Alternate point for all prioritiesof Troy and Edith Ditches. (3) Combined amount limited to 15.5 c.f.s. and 453 AF of consumptive use, 300 AF of which can bestored. (4) I = Irrigation, D = Domestic, M = Municipal, C = Industrial and P = Piscatorial. (5) Transferred to Edith Ditch Well inCase No. 80CW1 with 1.0 AF. (6) Transferred to three springs on Cap K Ranch in Case No. 82 CW189 (1.29 AF assumed to beincluded). (7) Deeded to George Yates with 15.4 AF in 1983. 0.2 c.f.s. and 10.60 c.f.s. was included in Case No. 82CW357 for RuediSouth Shores augmentation plan. (8) Deeded to Joan Wheeler in 1987 for diversion at the Troy Ditch 1st and 2nd Enlargement (16.9AF assumed to be included). (9) Reserved for augmentation of Cap K Ponds with 5.52 AF. Case No. 91CW220. (10) A total of40.11 AF of the original 453.00 AF has been sold or transferred. The total amount remaining to the Basalt District under all the Troyand Edith Ditch water rights is 412.89 acre feet. In Case No. W-2281, Division 5, the Court decreed that 453 acre feet of annualconsumptive-use credits were available to these ditches, and that 300 acre feet could be stored in an unnamed reservoir. The BasaltDistrict owns 412.89 acre feet of the 453 acre feet, and makes the water rights available to contract allotees for use pursuant to anapproved substitute supply plan or decree of the Court. Augmentation water from the Troy and Edith Ditches may be delivered to theRoaring Fork River by bypassing water at the headgates to those ditches on the Frying Pan River. The location of the Troy and EdithDitches is shown on Exhibit E. 16. Statement of plan for augmentation: A. Augmentation of evaporative depletions from Bair ChaseLake No. 5: (1) During the irrigation season (May 1 through October 31): The maximum augmentation requirements during theirrigation season include 11.45 acre feet of net evaporation from Lake No. 5, plus 5% transit losses for water released from Ruedi andGreen Mountain Reservoirs, as described in Exhibit F. These losses will be replaced primarily by the augmentation credits madeavailable to Bair Chase by the cessation of irrigation of certain historically irrigated acreage on the Development. (2) The Glenwoodand Staton Ditch water rights described in Table 1, above, have historically been used to irrigate 260 acres within the 280 acreDevelopment, described in Exhibits A and B. The historic consumptive use associated with those water rights was quantified at 475.9acre feet per year in Case No. W-2206, based on a rate of 1.83 acre feet per acre per year. The consumptive use findings decreed inCase No. W-2206 were reconfirmed in Case No. 95CW180. Applicant does not claim consumptive use credit from the 20 of the 260historically irrigated acres that were dried up when State Highway 82 was expanded because such credit was either retained by theapplicant in Case No. W-2206, or was utilized in another plan for augmentation decreed in Case No. 90CW156. The remainingquantified consumptive use credit associated with the irrigation of the 240 acres amounts to 439.2 acre feet per year. The 240 acres hasremained in irrigation continuously since the entry of the Decree in Case No. W-2206. (3) A number of the 240 remaining irrigatedacres will be removed from irrigation as a result of the construction of the Bair Chase Lake Nos. 1-5, and of roads, building,residences and other structures. Bair Chase will replace out-of-priority storage and evaporation from Lake No. 5 with consumptiveuse credits from the cessation of irrigation under the senior water rights described in Table 1, at the rate of 1.83 acre feet per acre ofdry-up. (4) Constructing the five-acre Lake No. 5 will result in 9.15 acre feet per year of consumptive use credits that Bair Chase willdedicate to this plan. Bair Chase shall identify other historically irrigated lands on the Development removed from irrigation, asnecessary to establish additional augmentation credits during the historic irrigation season. In addition, Bair Chase will rely, as


necessary, on the Allotment Contract water rights to augment evaporation losses. B. The non-irrigation season (November 1 throughApril 30): During the non-irrigation season, evaporation losses from Lake No. 5 are calculated to be 0.49 acre feet per surface acre.See Exhibit F. Applicant will rely on augmentation water available to it under the Allotment Contract to augment such losses. Themaximum augmentation requirements during the non-irrigation season are 2.48 acre feet for net evaporation losses, plus a 5% transitloss for augmentation water released from Ruedi or Green Mountain Reservoir, as described in Exhibit F. 17. Name and address ofowner of land on which Bair Chase Lake No. 5 is located: LinksVest / Bair Chase, LLC, P.O. Box 1825, Carbondale, CO 81623. 18. Change of Senior Rights. To the extent required, Bair Chase requests a change of the necessary portion of the irrigation creditsderived from the removal of certain Development lands from irrigation by its water rights described in Table 1, as necessary, to filland successively refill Lake No. 5, rather than, or in addition to, utilizing those credits to augment storage under the Lake No. 5storage right sought herein. Under the change, the consumptive-use credits dedicated to lake evaporation will continue to be divertedat the headgates of the Staton Ditch and the Glenwood Ditch under their priorities and will be delivered into Lake No. 5. Return flowsassociated with the dry up of historically irrigated land will also continue to be diverted at the headgates. The return flow will bethrough Lake No. 5 to the stream system. WHEREFORE, Bair Chase respectfully requests the Court to enter a decree granting theApplication and approving the requested surface water rights, water storage right, change of water rights and plan for augmentation,and specifically determining that: 1. Applicant is lawfully entitled to withdraw water under the junior ditch enlargement water rightsas described in this Application. 2. Applicant is lawfully entitled to store water in Lake No. 5 under the water storage water rightdescribed in this Application. 3. Applicant's estimated annual augmentation requirements of 13.93 acre feet for net evaporation losses,plus a 5% transit loss for augmentation water released from Ruedi or Green Mountain Reservoirs, are appropriate and reasonable.However, augmentation is required only when the junior ditch enlargement water rights are out of priority. 4. The plan foraugmentation and change of water rights described herein will not cause injury to the owners of absolute water rights or decreedconditional water rights. (37 pages).

23. 01CW189 GARFIELD, PITKIN, SUMMIT AND EAGLE COUNTIES – CATTLE CREEK AND THE ROARINGFORK, COLORADO, FRYING PAN AND BLUE RIVERS. APPLICATION FOR SURFACE WATER RIGHTS, WATERSTORAGE RIGHT, CHANGE OF WATER RIGHTS AND FOR APPROVAL OF PLAN FOR AUGMENTATION.INTRODUCTION LinksVest/Bair Chase, LLC ("Bair Chase") is the owner of 280 acres of land to become a planned residentialdevelopment located in Garfield County, Colorado, known as the Bair Chase Development ("Development"), formerly known as"Sanders Ranch, PUD." A map and legal description of the Development are attached hereto as Exhibits A and B, respectively. Bythis Application, Bair Chase seeks approval of water rights related to Bair Chase Lake Nos. 1-4 ("Lake Nos. 1-4"), including surfacewater rights, a water storage right, a change of water rights and a plan for augmentation. 1. Name, address and telephone number ofApplicant: LinksVest/Bair Chase, LLC Attn: James F. Wells, P.O. Box 1825, Carbondale, CO 81623, (970) 963-6660, c/oBrownstein Hyatt & Farber, P.C. Attn: Avra O. Morgan 410 17th Street, 22nd Floor Denver, CO 80202 (303) 223-1180. FIRSTCLAIM: Surface Water Rights 2. Name of Structures: A. Glenwood Ditch Bair Chase Enlargement. (1) Point of diversion: Theheadgate of the Glenwood Ditch is located in Lot 11 of Section 28, Township 7 South, Range 88 West, 6th P.M., located at a pointwhence the Southwest Corner of Section 28 bears South 24º54'06" W., 2,665.19 feet, and the diversion point is situated in Lot 11 ofSection 28, Township 7 South, Range 88 West, 6th P.M., located at a point whence the Southwest Corner of Section 28 bears South28º29'23" W., 2770.32 feet, in Garfield County. From the headgate of the Glenwood Ditch, said ditch runs in a northwesterlydirection until it intersects with Cattle Creek, and then down Cattle Creek for about one hundred feet, using the bed of Cattle Creek aspart of the Glenwood Ditch, to another headgate of the Glenwood Ditch, located on the northeast bank of Cattle Creek in Section 7,Township 7 South, Range 88 West, of the 6th P.M., in Garfield County. The Glenwood Ditch is depicted on Exhibit A. (2) Source:Roaring Fork River, tributary of the Colorado River; and Cattle Creek, tributary of the Roaring Fork River. (3) Amount claimed: 20c.f.s. total, conditional. (B) Staton Ditch Bair Chase Enlargement. (1) Point of diversion: The headgate and point of diversion aresituated in Tract 37 of Section 16, Township 7 South, Range 88 West, 6th P.M., at a point whence the Northwest corner of Section 16bears north 25º34'11" W., 818.74 feet. The Staton Ditch is depicted on Exhibit A. (2) Source: Cattle Creek, tributary of the RoaringFork River, tributary of the Colorado River. (3) Amount claimed: 5 c.f.s., conditional. C. Appropriation: (1) Date of appropriation:May 7, 2001. (2) How appropriation was initiated: By the formation of an intent to make the appropriation and overt acts constitutinga substantial step towards the appropriation, including obtaining the approval of PUD zoning and sketch plan for the Bair ChaseDevelopment. (3) Date water applied to beneficial use: Water has not yet been applied to beneficial use. Bair Chase seeks conditionalwater rights. D. Proposed use: Water will be routed through Lake Nos. 1-4 year-round for irrigation inside the Development,including irrigation of lawns, gardens, landscaping and a golf course. (a) Number of acres historically irrigated: Not applicable.(b) Number of acres proposed to be irrigated: Up to 240 acres, minus any land dried up to produce consumptive use credit for theaugmentation of Lake Nos. 1-4. (c) Legal description of acreage to be irrigated: All within the Development, as described in ExhibitsA and B. 3. Name and address of owner of land on which points of diversion and place of use are located: LinksVest/Bair Chase,LLC P.O. Box 1825 Carbondale, CO 81623. 4. Remarks: A. The Development shall include a total of five lakes (Bair Chase LakesNos. 1-5). Bair Chase has applied for water rights and approval of an augmentation plan for Lake No. 5 under a separate application.All five lakes will be constructed on laterals of the Glenwood and Staton Ditches. B. Bair Chase owns a portion of the water rightsdecreed for the Glenwood Ditch and the Staton Ditch, as described in the following Table 1. All or a portion of Bair Chase's existing


water rights listed in Table 1 will be routed through Lake Nos. 1-4 along with the rights claimed herein in Applicant's First Claim forRelief ("junior ditch enlargement rights"), and used for irrigation within the Development. Table 1

Structure Priority Adj. Date Appr.Date

CaseNo.

DecreedAmount(c.f.s.)

Amountowned byApplicant(c.f.s.)

Source Uses

GlenwoodDitch

213BBBA

12/05/1908

11/18/1900

1338 32.0 8.23 RoaringFork River/ CattleCreek

Irrigation

GlenwoodDitch, firstEnlargement

339 8/25/1936 11/18/1901

3082 18.0 4.63 RoaringFork River

Irrigation

Staton Ditch 53 5/11/1889 2/15/1883 132 1.0 0.94 CattleCreek

Irrigation

Staton DitchFirstEnlargement

79 5/11/1889 3/01/1884 132 1.0 0.94 CattleCreek

Irrigation

Staton DitchThirdEnlargement

299 8/25/1936 4/15/1890 3082 2.98 2.81 CattleCreek

Irrigation

SECOND CLAIM: Water Storage Right 5. Name of reservoir: Bair Chase Lake Nos. 1-4. 6. Legal description: A. Location ofdams: Bair Chase Lake Nos. 1-4 will be located within the Development. The size and specific location of Lake Nos. 1-4 within theDevelopment has not been finalized. In no event will the total surface area and storage volume of the constructed lakes exceed 20acres and 100 acre feet, respectively. B. Ditches Used to Fill Reservoir: Glenwood and Staton Ditches: See paragraphs 2.A.(1) and2.B(1), above, for legal descriptions of the points of diversion for these ditches. 7. Sources: Cattle Creek, tributary of the Roaring ForkRiver, tributary of the Colorado River; and the Roaring Fork River, tributary of the Colorado River. 8. Appropriation: A. Date ofappropriation: May 7, 2001. B. How appropriation was initiated: By the formation of an intent to make the appropriation and overtacts constituting a substantial step towards the appropriation, including obtaining approval of PUD zoning and sketch plan for theDevelopment. C. Date water applied to beneficial use: Water has not yet been applied to beneficial use. Bair Chase seeks conditionalwater rights for Lake Nos. 1-4. 9. Amount claimed: A. Acre feet: 25 acre feet, conditional, for each of Lake Nos. 1-4 (100 acre feettotal), with right to fill and successively refill each lake. B. Rate of diversion for filling each lake: 5.0 c.f.s. 10. Use: The lakes will beused within the Development for multiple uses including, but not limited to, recreation, aesthetic, wildlife, water quality enhancementand piscatorial purposes. 11. Surface area of high water line: Approximately 5 acres for each lake, not to exceed 20 acres total. A.Maximum height of dams in feet: The maximum height of each of the dams is 10 feet. Lake Nos. 1-4 will be constructed below gradeand may not have traditional dams. The active capacity of the lakes will be controlled by the outlet features and the level of pumpintakes for each lake. To the extent a dam is required, the height (which will not exceed 10 feet under any configuration) and lengthwill depend on the final lake location and configuration. B. Length of dams in feet: See paragraph 11.A., above. 12. Total capacity ofeach lake in acre feet: 25 acre feet. A. Active capacity of each lake: 25 acre feet. B. Dead storage: 0. 13. Name and address of ownerof land on which structure for the water storage right is located: LinksVest/Bair Chase, LLC, P.O. Box 1825, Carbondale, CO 81623.14. Remarks: It is not anticipated that Lake Nos. 1-4 will intercept groundwater. However, if necessary because it is determined thatthe lakes do intercept groundwater, Applicant will line the lakes, or in the alternative, will obtain well permits. THIRD CLAIM:Alternate point of diversion and change in place of use 15. Name of structures for which change is sought: Glenwood and StatonDitches. 16. From previous Decree: See Table 1, above. The locations of the Glenwood and Staton Ditches are depicted on ExhibitA. 17. Historic use: Applicant's existing Glenwood and Staton Ditch water rights described in Table 1, above, have historically beenused to irrigate 260 acres within the 280 acre Development. In Case No. W-2206, 155 of the 240 historically irrigated acres wereallocated to the Glenwood Ditch and 85 acres were allocated to the Staton Ditch. However, historically, the Glenwood and StatonDitch water was commingled on the 260 acres, and a portion of that land was served either under the Staton or the Glenwood Ditch, ora combination thereof. Twenty of the 260 historically irrigated acres were dried up when State Highway 82 was expanded. Applicantdoes not claim the right to continue irrigating those 20 acres. Applicant will continue the practice of commingling water from theGlenwood and Staton Ditches, and will use the Glenwood and Staton Ditch water anywhere on the Development, subject to the 240acre limitation, and excepting land dried up to produce consumptive use credit for augmentation of Lake Nos. 1-4, or otherwise. 18.Proposed change: Applicant requests approval for the following changes of the water rights described in Table 1: A. Alternate pointsof diversion: Applicant requests an alternate point of diversion for the Glenwood Ditch water right decreed in Case No. 1338, in theamount of 8.23 c.f.s., at the decreed point of diversion for the Staton Ditch, described in paragraph 2.A(1), above. B. Change in placeof use: Applicant seeks approval to use the water rights described in Table 1 for irrigation anywhere within the Development, asdescribed in Exhibits A and B. 19. Use: Water under the senior Glenwood and Staton Ditch priorities listed in Table 1 will continue to


be used for irrigation on the Development. Laterals of the Glenwood and Staton Ditches will be routed through Lake Nos. 1-4 anddiverted water will be used for irrigation within the Development. No augmentation of irrigation uses shall be required. 20. Nameand address of owner of land on which structures are located: LinksVest/Bair Chase, LLC, P.O. Box 1825, Carbondale, CO 81623.21. Remarks: Applicant will also use historic consumptive use credits from the water rights described in Table 1 to augment storageunder the Lake Nos. 1-4 storage rights sought herein, as described in Applicant's plan for augmentation, below. Applicant hasrequested in its plan for augmentation a further change of said historic consumptive use credits, as necessary, to allow them to be usedto fill and successively fill Lake Nos. 1-4 directly, rather than, or in addition to, utilizing such credits to augment storage under theLake Nos. 1-4 storage rights. FOURTH CLAIM: Approval of Plan for Augmentation 22. Name of structure to be augmented: LakeNos. 1-4, as described above. Bair Chase's existing water rights in the Glenwood and Staton Ditches and the junior ditch enlargementrights will be routed through Lake Nos. 1-4 for irrigation uses within the Development, but are not subject to this augmentation plan.23. Previous decrees for water rights to be used for augmentation: Bair Chase will rely in part on consumptive use credits resultingfrom the dry-up of land within the Development that was historically irrigated under the Glenwood and Staton Ditches. Seediscussion of quantification of historic consumptive use credits for the Glenwood and Staton Ditches in Case No. W-2206, inparagraph 24.A(2), below. In addition, Bair Chase is entitled to use up to 62.6 acre feet of augmentation water from any of the threesources described below (Ruedi Reservoir, Green Mountain Reservoir and the Troy and Edith Ditch water rights), pursuant to a waterallotment contract with the Basalt Water Conservancy District (the "Allotment Contract"), attached hereto as Exhibit C. A portion ofthe 62.6 acre feet of Allotment Contract water will be dedicated to augmentation of evaporative depletions from Lake Nos. 1-4,pursuant to this Application. Portions of the 62.6 acre feet will also be dedicated to augmentation of evaporative depletions from LakeNo. 5, and to augmentation of out-of-priority depletions associated with diversions from the Aspen Glen and Coryell Ranch Wells andthe Roaring Fork Diversion, pursuant to two separate applications filed by Bair Chase (01CW188); and 01CW187). A. RuediReservoir: (1) Previous decrees: Ruedi Reservoir is a component of the Frying Pan-Arkansas Project and was originally decreed forthe storage of up to 140,697.3 acre feet of water in Civil Action No. 4613, Garfield County District Court, on June 20, 1958, with adate of appropriation of July 29, 1957. Subsequently in Case No. W-789-76, the decreed storage capacity for this Reservoir wasreduced to 102,369 acre feet. By decree of the water court in Case No. 81CW34, Ruedi Reservoir was decreed a refill right in theamount of 101,280 acre feet, conditional. In Water Court case No. 95CW95, 44,509 acre feet was made absolute. (2) Legaldescription: Ruedi Reservoir is an on-channel reservoir located in Sections 7, 8, 9, 11 and 14 through 18, Township 8 South, Range 84West, of the 6th P.M. in Pitkin and Eagle Counties. (3) Source: Frying Pan River, tributary of Colorado River. (4) Decreed amount:102, 369 acre feet (originally decreed for 140, 697.3 acre feet; reduced to 102,369 acre feet in Case No. W-789-76; decreed for refillright of 101,280 acre feet, conditional, 44,509 acre feet subsequently made absolute). (5) Adjudication date: June 20, 1958.(6) Appropriation date: July 29, 1957. (7) Decreed uses: generation of electric energy, domestic, municipal, industrial, irrigation andstock watering. (8) Remarks: Augmentation water may be released from Ruedi Reservoir into the Frying Pan River, tributary of theRoaring Fork River, tributary of the Colorado River, to augment evaporation losses from Lake Nos. 1-4 when the junior ditchenlargement rights are not in priority. The location of Ruedi Reservoir is shown on Exhibit D. B. Green Mountain Reservoir:(1) Previous decrees: Water storage rights for Green Mountain Reservoir were originally decreed in Case Nos. 2782, 5016, and 5017,United States District Court, District of Colorado, on October 12, 1955. (2) Legal description: Green Mountain Reservoir is an on-channel reservoir and is located approximately 16 miles Southeast of the Town of Kremmling in Summit County, Colorado, and moreparticularly in all or parts of Sections 11, 12, 13, 14, 15, and 24 of Township 2 South, Range 80 West, and of Sections 17, 18, 19, 20,21, 28, 29, and 34, Township 2 South, Range 79 West, of the 6th P.M. (3) Source: Blue River, tributary of Colorado River.(4) Decreed amount: 154,645 acre feet. (5) Adjudication date: October 12, 1955. (6) Appropriation date: August 1, 1935.(7) Decreed uses: In accordance with paragraph 5(a), (b), and (c) of the section entitled "Manner of Operation of Project Facilities andAuxiliary Facilities" in Senate Document 80. (8) Remarks: Augmentation water from Green Mountain Reservoir may be delivered tothe Colorado River to augment evaporation losses from Lake Nos. 1-4 when the junior ditch enlargement rights are not in priority.The location of the Green Mountain Reservoir is shown in Exhibit D. C. Troy Ditch and Edith Ditch Water Rights:

Structure Priority

CourtCaseNo.

Adj.Date

App.Date

DecreedAmount(c.f.s.)

Use(4)

AMOUNT SOLD,TRANSFERRED ORRESERVED

AMOUNTREMAINING(10)

(5) (6) (7) (8) (9) C.F.S.

AF

TroyDitch (1)

370 3082 08/25/1936

05/01/1906

5.10 1 0.000

0.000

0.095

0.064

0.035

4.906 N/A

TroyDitch1stt Enlg

427 3082 08/25/1936

05/01/1928

10.80 1 0.000

0.000

0.200

0.134

0.073

10.393

N/A

TroyDitch

669 4613 06/20/1958

06/01/1942

6.20 1 0.000

0.000

0.115

0.077

0.042

5.966 N/A


2nd EnlgEdithDitch

353 3082 08/25/1936

05/01/1904

2.72 1 0.110

0.132

0.050

0.000

0.018

2.410 N/A

EdithDitch1st Enlg

673 4613 06/20/1958

07/01/1946

3.23 1 0.000

0.000

0.060

0.000

0.022

3.148 N/A

TroyDitchWaterSystemaka LowerHeadgate

(2) W-2281

15.50(3)

I, D,M,C, P

0.110

0.132

0.520

0.275

0.190

14.273

412.89

(1) Originally diverted from Miller Creek. All others originally diverted from Frying Pan River. (2) Alternate point for all prioritiesof Troy and Edith Ditches. (3) Combined amount limited to 15.5 c.f.s. and 453 AF of consumptive use, 300 AF of which can bestored. (4) I = Irrigation, D = Domestic, M = Municipal, C = Industrial and P = Piscatorial. (5) Transferred to Edith Ditch Well inCase No. 80CW1 with 1.0 AF. (6) Transferred to three springs on Cap K Ranch in Case No. 82 CW189 (1.29 AF assumed to beincluded). (7) Deeded to George Yates with 15.4 AF in 1983. 0.2 c.f.s. and 10.60 c.f.s. was included in Case No. 82CW357 for RuediSouth Shores augmentation plan. (8) Deeded to Joan Wheeler in 1987 for diversion at the Troy Ditch 1st and 2nd Enlargement (16.9AF assumed to be included). (9) Reserved for augmentation of Cap K Ponds with 5.52 AF. Case No. 91CW220. (10) A total of40.11 AF of the original 453.00 AF has been sold or transferred. The total amount remaining to the Basalt District under all the saidTroy and Edith Ditch water rights is 412.89 acre feet. In Case No. W-2281, Division 5, the Court decreed that 453 acre feet of annualconsumptive-use credits were available to these ditches, and that 300 acre feet could be stored in an unnamed reservoir. The BasaltDistrict owns 412.89 acre feet of the 453 acre feet, and makes the water rights available to contract allotees for use pursuant to anapproved substitute supply plan or decree of the Court. Augmentation water from the Troy and Edith Ditches may be delivered to theRoaring Fork River by bypassing water at the headgates to those ditches on the Frying Pan River. The location of the Troy and EdithDitches is shown on Exhibit D. 24. Statement of plan for augmentation: A. Augmentation of evaporative depletions from Lake Nos.1-4: (1) During the irrigation season (May 1 through October 31): The maximum augmentation requirements during the irrigationseason include 45.82 acre feet of net evaporation from Lake Nos. 1-4, plus 5% transit losses for water released from Ruedi and GreenMountain Reservoirs, as described in Exhibit E. These losses will be replaced primarily by the augmentation credits made available toBair Chase by the cessation of irrigation of certain historically irrigated acreage on the Development. (2) The Glenwood and StatonDitch water rights described in Table 1, above, have historically been used to irrigate 260 acres within the 280 acre Development,described in Exhibits A and B. The historic consumptive use associated with those water rights was quantified at 475.9 acre feet peryear in Case No. W-2206, based on a rate of 1.83 acre feet per acre per year. The consumptive use findings decreed in Case No. W-2206 were reconfirmed in Case No. 95CW180. Applicant does not claim consumptive use credit from the 20 of the 260 historicallyirrigated acres that were dried up when State Highway 82 was expanded because such credit was either retained by the applicant inCase No. W-2206, or was utilized in another plan for augmentation decreed in Case No. 90CW156. The remaining quantifiedconsumptive use credit associated with the irrigation of the 240 acres amounts to 439.2 acre feet per year. The 240 acres has remainedin irrigation continuously since the entry of the Decree in Case No. W-2206. (3) A number of the 240 remaining irrigated acres willbe removed from irrigation as a result of the construction of the Bair Chase Lake Nos. 1-5, and of roads, building, residences and otherstructures. Bair Chase will replace out-of-priority storage and evaporation from Lake Nos. 1-4 with consumptive use credits from thecessation of irrigation under the senior water rights described in Table 1, at the rate of 1.83 acre feet per acre of dry-up.(4) Constructing the Lake Nos. 1-4 will result in the dry-up of approximately 20 acres, producing 36.6 acre feet per year ofconsumptive use credits that Bair Chase will dedicate to this plan. Bair Chase shall identify other historically irrigated lands on theDevelopment removed from irrigation, as necessary, to establish additional augmentation credits during the historic irrigation season.In addition, Bair Chase will rely, as necessary, on the Allotment Contract water rights to augment evaporation losses. (5) The non-irrigation season (November 1 through April 30): During the non-irrigation season, evaporation losses from Lake Nos. 1-4 arecalculated to be 0.49 acre feet per surface acre. See Exhibit E. Applicant will rely on augmentation water available to it under theAllotment Contract to augment such losses. The maximum augmentation requirements during the non-irrigation season are 9.9 acrefeet for net evaporation losses, plus a 5% transit loss for augmentation water released from Ruedi or Green Mountain Reservoir, asdescribed in Exhibit E. 25. Name and address of owner of land on which Bair Chase Lake Nos. 1-4 are located: LinksVest / BairChase, LLC, P.O. Box 1825, Carbondale, CO 81623. 26. Change of Senior Rights. To the extent required, Bair Chase requests achange of the necessary portion of the irrigation credits derived from the removal of certain Development lands from irrigation by itswater rights described in Table 1, as necessary, to fill and successively refill Lake Nos. 1-4, rather than, or in addition to, utilizingthose credits to augment storage under the Lake Nos. 1-4 storage rights sought herein. Under the change, the consumptive-use creditsdedicated to lake evaporation will continue to be diverted at the headgates of the Staton Ditch and the Glenwood Ditch under theirpriorities and will be delivered into Lake Nos. 1-4. Return flows associated with the dry up of historically irrigated land will alsocontinue to be diverted at the headgates. The return flow will return to the stream system through Lake Nos. 1-4. WHEREFORE,


Bair Chase respectfully requests the Court to enter a decree granting the Application and approving the requested surface water rights,water storage right, change of water rights and plan for augmentation, and specifically determining that: 1. Applicant is lawfullyentitled to withdraw water under the junior ditch enlargement water rights as described in this Application. 2. Applicant is lawfullyentitled to store water in Lake Nos. 1-4 under the water storage water right described in this Application. 3. Applicant's estimatedannual augmentation requirements of 55.72 acre feet for net evaporation losses, plus a 5% transit loss for augmentation water releasedfrom Ruedi or Green Mountain Reservoirs, are appropriate and reasonable. However, augmentation is required only when the juniorditch enlargement water rights are out of priority. 4. The change of water rights and plan for augmentation described herein will notcause injury to the owners of absolute water rights or decreed conditional water rights. (36 pages).

24. 99CW169 MESA COUNTY – COON CREEK, COLORADO RIVER. Thomas L. and Marilyn M. Ast; 11487 Nancy’sDrive; Conifer, Colorado 80433 303-838-2179. Ast Spring and Ast Pond – Second Amended Application for Water Rights For Pointof Diversion For Water Storage Right . Location: point of diversion of Ast Spring: a point located South 00°47’04” west 575.03 ft.from the NE corner of the N1/2NW1/4 of Sec. 9, T. 11S., R. 96W., 6th P.M.. Appropriation: 1995. Amount: 0.11 cfs, absolute. Use:livestock, wildlife, piscatorial, irrigation, fire protection, aesthetic value and irrigation. Location: point of diversion of Ast Pond: astandpipe located 2828 ft. north 39°36’34” east of the ¼ corner of Sec. 8/9, T. 11S., R. 96W., 6th P.M. Appropriation: December 16,1995. Amount: 0.17 af, absolute. Use: irrigation, livestock, wildlife, piscatorial, aesthetic value, fire protection. (4 pages)

25. 99CW253 (94CW64) MESA COUNTY – SINK CREEK, TRIBUTARY TO THE COLORADO RIVER. Robert J.Kenney; 3460 D Rd.; Palisade, CO 81526 970-434-4883. Kenney Spring #1 and Kenney Spring #2 – Amended Application to MakeAbsolute and Change of Water Right. Claim #1-To Make Absolute. Decreed May 21, 1990, 90CW001. Location: Kenney Spring #1-SW1/4SW1/4SE1/4 Sec. 18, T. 1S., R. 2E, Ute P.M. at a point 550 ft. north 55° east of south quarter corner of Sec. 18, T.1S., R. 2E,Ute P.M.. Kenney Spring #2- SE1/4SWSE1/4 Sec. 18, T. 1S., R. 2E., Ute P.M. at a point 925 ft. north 85° east from the south quartercorner of Sec. 18, T.1S., R. 2E, Ute P.M.. Appropriation: July 18, 1986. Amount: Kenney Spring #1 – 0.55cfs, absolute; KenneySpring #2 – 0.042 cfs, absolute. Use: to irrigate 2.5 acres of Xmas trees. Claim #2 – Change of Water Right. Kenney Spring #1 andKenney Spring #2 Decreed May 21, 1990, 90CW001. Decreed Location: Kenney Spring #1- SW1/4SW1/4SE1/4 Sec. 18, T. 1S.,R.2E., Ute P.M. at a point 400 ft. North 55°West of the Southwest corner of Sec. 18. Kenney Spring #2 – SW1/4SW1/4 Sec. 18, T.1S., R. 2E., Ute P.M. at a point 800 ft. North 70° East from the Southwest corner of Sec. 18 . Appropriation date and amount are thesame as in Claim #1. Proposed change: Applicant is requesting that the decreed location, which is erroneous, be changed to the correctlocation as it is in Claim #1 above. (5 pages).

26. 00CW093 SECOND AMENDED APPLICATION FOR WATER RIGHTS (SURFACE) CONCERNING THEAPPLICATION FOR WATER RIGHTS OF: RADAR SPRING (RADAR SPRING) IN GARFIELD COUNTY, COLORADO.Name, address and telephone number of applicants: William and Sandra Heley, 2257 Fawn Ridge Court, Grand Junction, CO 81503,(970) 245-2321, c/o James W. Giese, Esq., 743 Horizon Court, Suite 106, Grand Junction, CO 81506, (970) 245-9227. Name ofstructure (ditch, spring): Radar and/or Rader spring. Legal description of each point of diversion: (include distance and bearing fromestablished government section corner or quarter corner; or distances from section lines, and indicate 1/4 1/4, section number,township, range and meridian; include map) A collector barrel located in the SE 1/4 SE 1/4 of Section 35, Township 7 South, Range96 West of the 6th Principal Meridian being more particularly described as follows: 4793.9 feet East of the West line and 46.9 feetNorth of the South line of said Section 35, Garfield County, Colorado. Source (tributary and river): A spring located in the NE 1/4NE1/4 of Section 2, Township 8 South, Range 96 West of the 6th Principal Meridian being more particularly described as follows:4902.3 feet East of the West line and 165.7 feet South of the North line of said Section2, Garfield County, Colorado, tributary to anunnamed gulch, tributary to the Colorado River. Date of initiation of appropriation: July 17, 1913; How appropriation wasinitiated: By diversion and use; Date water applied to a beneficial use: July 17, 1913. Amount claimed: 30 gallons per minute or itsequivalent in cfs [absolute]. Use or proposed use: Storage, livestock watering, piscatorial, irrigation, domestic and fire protectionpurposes. If irrigation, complete the following: Number of acres historically irrigated: one (1); proposed to be irrigated; two (2).Legal description of acreage: South1/2 SE 1/4 of Section 35, Township 7 South, Range 96 West of the 6th Principal Meridian.Excepting therefrom: A parcel of land situate within a portion of the SE 1/4 of Section 35, Township 7 South, Range 96 West of the6th Principal Meridian, being more particularly described as follows: Beginning at the Southwest corner of the N 1/2 of the S 1/2 ofthe SE 1/4 of said Section 35 whence the S 1/4 of said section bears South 00 degrees 09' 02" East 685.19 feet; Thence along theSoutherly line of said N 1/2 of the S 1/2 of the SE 1/4 of said Section 35 North 89 degrees 19' 40" East 1350.67 feet; Thence South 72degrees 06' 40" East 217.48 feet; Thence North 88 degrees 58' 16" East 180.56 feet; Thence South 46 degrees 31' 52" East 354.45 feet;Thence North 43 degrees 28' 08" East 50.00 feet; Thence North 00 degrees 13' 42" East 279.11 feet; Thence North 39 degrees 01' 41"East 165.26 feet; Thence North 89 degrees 19' 40" East 568.79 feet to the Easterly line of said Section 35; Thence North 00 degrees12' 41" West 545.52 feet to the Northeast corner of said N 1/2 of the S 1/2 of the SE 1/4 of said Section 35; Thence along theNortherly line of said parcel South 89 degrees 35' 34" West 2703.50 feet to the Northwest corner of said N 1/2 of the S 1/2 of the SE1/4 of said Section 35; Thence along the centerline of said Section 35 South 00 degrees 09' 02" East 685.19 feet to the point ofbeginning. Garfield County, Colorado. If non-irrigation, describe purpose fully: Storage, livestock watering, piscatorial, domesticand fire protection purposes. Name and address of owner of land on which points of diversion and place of use(s) is (are) located:


William and Sandra Heley, 2257 Fawn Ridge Court, Grand Junction, Colorado 81503. Remarks: The real property referenced inparagraph 7(A) above was identified as “Parcel C” in a Water Agreement dated December 18, 1991 and recorded at Book 819, Page726, of the official records of the Garfield County Clerk and Recorder’s Office. “Parcel C” received all rights in and to Radar Spring.(5 pages)

27. 00CW177 PITKIN COUNTY – UNNAMED DRAW, TRIBUTARY TO WEST SOPRIS CREEK, TRIBUTARY TOTHE ROARING FORK RIVER. Charles L. and Nancy J. Jones; 8033 Pine Hollow Dr.; Mount Dora, FL 32757-9133 352-383-8230. Jones Spring – Amended Application for Water Rights (Surface). Location: SW1/4SW1/4 Sec. 32, T. 8S., R. 87W., 6th P.M. at apoint on the south section line located 884 ft. from the west section line of said section. Appropriation: August 20, 1969. Amount:0.11 cfs, absolute/conditional. Use: absolute for stock; conditional for irrigation, fire protection, storage pond and domestic. (4 pages)

28. 01CW73 SUMMIT COUNTY – GROUNDWATER TRIBUTARY TO SWAN RIVER. Phillip D. and Vicki A.Alward; 1 Marble Point; Decatur, IL 62521-9320 217-865-3009. Well #10 (Permit #041579F) – Amended Application to MakeAbsolute; Location: NE1/4SW1/4 of Sec. 16, T. 6S., R. 77W., 6th P.M., at a point 2, 125 ft. from the south section line and 1,500 ft.from the west section line of Sec. 16. Appropriation: December 31, 1987. Amount: 12 gpm, absolute and 3 gpm, conditional. Use:ordinary household single family dwelling. (2 pages)

YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of SEPTEMBER 2001 to file with the Water Clerk inquadruplicate a verified statement of opposition setting forth facts as to why a certain application should not be granted orwhy it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon theapplicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, asprescribed by Rule 5, CRCP. (Filing Fee: $45.00) PEGGY JORDAN, Water Clerk, Water Division 5; 109 8th Street, Suite104 Glenwood Springs, CO 81601.

pursuant to c.r.s., §37-92-302, as amended, you are ... · july 2001 resume water division 5 page...

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