pursuant to c.r.s., 37-92-302, as amended, you are notified … · 2010-01-07 · october 1999...

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 Water Clerkfor Water Division 5 during the month of OCTOBER 1999.

1. 99CW200 (93CW116, 86CW367) - GARFIELD COUNTY - SPRING, RUNOFF ANDRETURN FLOW TRIBUTARY TO AN UNNAMED WASH, TRIBUTARY TO THECOLORADO RIVER. Faye Faas, c/o Scott Balcomb, Esq., Edward B. Olszewski, Esq., Balcomb& Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602, (970) 945-6546. Application forFinding of Reasonable Diligence. Name of structure: Red Rocks Spring No. 3. Describe conditionalwater right: Date of original Decree: May 26, 1987; Case No. 86CW367; Court: District Court,Water Division No. 5; Location: Located in the SW1/4NW1/4 of Sec. 33, T. 5 S., R. 90 W. of the 6th

P.M. at a point whence the West 1/4 Corner of Sec. 32, same township and range, bears S. 77°06' W.a distance of 5,780 feet. Appropriation Date: June 1, 1984; Amount: 1.0 cfs, conditional; Use:Irrigation and stock watering purposes. Applicant submitted a detailed description of diligenceactivities. Applicant continues to rely on the above conditional water right to provide water forirrigation and stock watering purposes. Applicant intends to utilize this water and has no intention toabandon this conditional decree. (3 pages)

2. 99CW201 (93CW117, 86CW368) - GARFIELD COUNTY - SPRING, RUNOFF ANDRETURN FLOW TRIBUTARY TO AN UNNAMED WASH, TRIBUTARY TO THECOLORADO RIVER. Faye Faas, c/o Scott Balcomb, Esq., Edward B. Olszewski, Esq., Balcomb& Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602, (970) 945-6546. Application forFinding of Reasonable Diligence. Name of structure: Red Rocks Spring No. 4; Describe conditionalwater right: Dated of original Decree: May 26, 1987; Case No. 86CW368; Court: District Court,Water Division No. 5; Location: Located in the SW1/4NE1/4 of Sec. 32, T. 5 S., R. 90 W. of the 6th

P.M. at a point whence the West 1/4 Corner of said Sec.32 bears S. 82°36'W. a distance of 3,910feet. Appropriation Date: June 1, 1984; Amount: 1.0 cfs, conditional; Use: Irrigation and stockwatering purposes; Applicant submitted a detailed description of diligence activities. Applicantcontinues to rely on the above conditional water right to provide water for irrigation and stockwatering purposes. Applicant intends to utilize this water and has no intention to abandon thisconditional decree. (3 pages).

3. 99CW202 MESA COUNTY - PLATEAU CREEK, COLORADO RIVER. Clara G.Worthington Trust established March 18, 1991 by Carolyn Thornberg, Trustee, P.O. Box 182, Mesa,Colorado, 81643 (970) 268-5447 and Big Vu, LLC, 612 ½ Cris Mar Street, Grand Junction,Colorado, 81504 (970) 241-1043. Worthington Springs - Application for Change of Water Rights. Applicants seek to change Worthington Springs which served a 40 acre parcel, now two 20 acreparcels (Worthington Simple Land Division Parcel 1 and Worthington Simple Land Division Parcel2). The boundary between the two parcels divides the spring area. The owners of each parcel willhave access to the spring and the rights will be divided equally. Worthington Simple Land DivisionParcel 1 will have .125 cubic foot per second of time, and Worthington Simple Land Division Parcel2 will have .125 cubic foot per second of time. The structure is listed by structure, adjudication date,case number, court, appropriation date and amount as follows: Worthington Springs, 12/31/45, W-885, .25 cfs. Decreed point of diversion: The springs are located in the E½ SW¼ NW¼ of Section25, T. 10S., R. 97W. Of the 6th P.M. at a point 1100 feet East of the West line and 1920 feet South of

the North line of Section 25. Use: Stock water and irrigation purposes. Proposed change: No changein water usage. Worthington Springs which is a 40 acre piece to be divided into two parcels,approximately 20 acres each. The survey line goes through the spring area between the two parcels. Each party will have access to the spring and the rights will be divided equally. Worthington SimpleLand Division Parcel 1 will have .125 cubic foot per second of time, and Worthington Simple LandDivision Parcel 2 will have .125 cubic foot per second of time. Name and address of owner of landon which structure is located: The Clara G. Worthington Trust established March 18, 1991 byCarolyn Thornberg, Trustee, P.O. Box 182, Mesa, Colorado, 81643 and Big Vu, LLC, 612 ½ CrisMar Street, Grand Junction, Colorado, 81504. (2 pages)

4. 99CW203 GRAND COUNTY - COLORADO RIVER. Winter Park Water and SanitationDistrict, c/o Stanley W. Cazier, P.O. Box 500, Granby, Colorado, 80446, (970)887-3376. Name ofstructure: Winter Park Water System (Windy Gap Exchange). Location: SW1/4 of suspended Section11, Township 2 South, Range 75 West of District’s diversion, 6th P.M., Grand County, Colorado,more particularly described as follows: Beginning at Corner No. 10, ES 367, thence South 62°02'East a distance of 660.0 feet. The basis for bearings is the line between Corner Nos. 10 and 14, ES367, which has a record bearing of South 66°12' East; Water will be released from Granby Reservoirin Exchange for Water diverted at District’s diversion; Application for Finding of Reasonable Dili-gence For An Exchange; Source: Fraser River tributary to the Colorado River. Date of appropriation:8/30/84. Decreed: 6/3/87, 84CW444; Amount: 125 af. Use: All municipal uses including industrial,recreational, and snowmaking. The application contains a detailed outline of the work performedduring the diligence period. (8 pages)

5. 99CW204 GRAND COUNTY - COLORADO RIVER. David C. Hueter and Judith L.Hueter, Trustees, c/o Stanley W. Cazier, Baker, Cazier and McGowan, Box 500, Granby, CO 80446,(970) 887-3376. AMENDED APPLICATION FOR PLAN FOR AUGMENTATIONINCLUDING EXCHANGE. 2. Names and locations of structures to be augmented: (a) HueterWell No. 1 and Well No. 2 are located within Lot 2, Moose Subdivision Grand County Colorado. Well No. 1 is located in SW1/4NE1/4, Section 16, T1S, R75W of the 6th P.M., 2340 feet from theNorth Section line and 2420 feet from the East Section line. The second well, Hueter Well No. 2, ifnecessary, will be in the same lot. (b) Source of water: Ground water hydraulically connected toRanch Creek. (c) Depth of well: unknown. (d) Amount of water claimed for each well: Maximumpumping rate of 15 gallons per minute. 3.Water right which will be used as a source of exchangewater: The Middle Park Water Conservancy District has approved a Water Allotment Contract toprovide Applicants the right to an annual entitlement of up to 0.5 ac-ft of Wolford MountainReservoir a/k/a Gunsight Pass Reservoir located on Muddy Creek, SW1/4NE1/4 Sec. 25, T2N,R81W, 6th P.M., Grand County, CO decreed 87CW283. 4. Statement of Plan for Augmentation,covering all applicable matters under CRS 37-92-103(9), 302(1)(2) and 305(8): (a) WaterRequirements. The annual consumptive use for the development will not exceed 0.5 af/yr for 2residences for in-house use and up to 200 square feet of irrigation and watering up to 3 head oflivestock. (b) Depletions. Consumptive use will not exceed .5 af/yr for the proposed development. (c) Plan for Augmentation. The wells will be fully augmented by releases of Wolford Mountain water. Additional engineering information is in the Application. Applicants request approval of Plan,finding Plan will not cause injury, date of exchange of October 13, 1999, issuance of well permit, andwells can be used for year-around use. (6 pages)

OCTOBER 1999 RESUMEWATER DIVISION 5

6. 99CW205 (93CW094), RIO BLANCO COUNTY PICEANCE CREEK, TRIBUTARYTO THE WHITE RIVER, The Oil Shale Corporation, c/o Jacques S. Ruda, 1331 -17th Street,Suite 510, Denver, Colorado 80202. The Application for finding of Reasonable Diligence for SG-20Well located in the SW¼/SE¼ of Section 31, T. 2 S., R. 96 W. of the 6th P.M. at a point 261 feetNorth of the South line and 1,599 feet West of the East line of said Section 31, in Rio Blanco County,Colorado. Source: a well having a depth of 987 feet, tributary to Piceance Creek, a tributary of theWhite River. Appropriation date: December 1, 1974. On July 17, 1979, in Case No. W-3543 theCourt awarded a conditional water right decree for 1.333 c.f.s. for domestic, livestock, irrigation,industrial, commercial, mining, environmental, augmentation, recreation, storage and use of waterstored for these purposes. Application contains a detailed outline of work performed during thediligence period. (5 pages) 7. 99CW206 (93CW095), RIO BLANCO COUNTY - WEST STEWART GULCHTRIBUTARY TO THE WHITE RIVER, The Oil Shale Corporation, c/o Jacques S. Ruda, 1331 -17th Street, Suite 510, Denver Colorado 80202. Application for Finding of Reasonable Diligence forTG 71-3 Well located in the NE¼/NW¼ of Section 29, T. 3 S., R. 96 W. of the 6th P.M. at a point540 feet South of the North line and 1,710 feet East of the West line of said Section 29, in Rio BlancoCounty, Colorado. Source: a well having a depth of 1,085.5 feet, tributary to West Stewart Gulch, atributary of the White River. Appropriation date: December 13, 1971. On August 2, 1979, in CaseNo. W-3561 the Court awarded a conditional water right decree for .444 c.f.s. for domestic,livestock, irrigation, industrial, commercial, mining, environmental, augmentation recreation, storage,and use of water stored for any of these purposes. Application contains a detailed outline of workperformed during the diligence period. (5 pages)

8. 99CW207 (93CW096), RIO BLANCO COUNTY-WEST STEWART GULCHTRIBUTARY TO THE WHITE RIVER, THE OIL SHALE CORPORATION, c/o Jacques S.Ruda, 1331 - 17th Street, Suite 510, Denver, Colorado 80202. Application for Finding ofReasonable Diligence for TG 71-4 Well located in the NW¼/SW¼ of Section 6, T. 4 S., R. 96 W. ofthe 6th P.M. at a point 2610 feet North of the South line and 105 feet East of the West line of saidSection 6, in Rio Blanco County, Colorado. Source: well having a depth of 2,050 feet tributary toWest Stewart Gulch, a tributary of the White River. Appropriation date: December 3, 1971. On July 17, 1979, in Case No. W-3562, the Court awarded a conditional water right decree for 0.888c.f.s. for domestic, livestock, irrigation, industrial, commercial, mining, environmental, augmentation,recreation, storage, and use of water stored for these purposes. Application contains a detailedoutline of work performed during the diligence period. (5 pages)

9. 99CW208 (93CW097), RIO BLANCO COUNTY--MIDDLE STEWART GULCHTRIBUTARY TO THE WHITE RIVER, THE OIL SHALE CORPORATION, c/o Jacques S.Ruda, 1331 17th Street, Suite 510, Denver, Colorado 80202. Application for Finding of ReasonableDiligence for TG 71-5 Well located in the NE¼/NE¼ of Section 33, T. 3 S., R. 96 W. of the 6th P.M.at a point 875 feet South of the North line and 1,205 feet West of the East line of said Section 33 inRio Blanco County, Colorado. Source: a well having a depth of 901.50 feet tributary to Middle


Stewart Gulch, a tributary of the White River. Appropriation date: November 29, 1971. On July 17,1979, in Case No. W-3563 the Court awarded a conditional water decree for 1.111 c.f.s. fordomestic, livestock, irrigation, industrial, commercial, mining, environmental, augmentation,recreation, storage and use of water stored for these purposes. Application contains a detailed outlineof work performed during the diligence period. (5 pages)

10. 99CW209 (93CW098), RIO BLANCO COUNTY - MIDDLE FORK OF STORYGULCH, TRIBUTARY TO THE WHITE RIVER, The Oil Shale Corporation c/o Jacques S.Ruda, 1331 - 17th Street, Suite 510, Denver, Colorado 80202. Application for Finding ofReasonable Diligence for Liberty Bell No. 12 Well located in the SE¼/SE¼ of Section 18, T. 4 S., R.95 W. of the 6th P.M. at a point 1,040 feet North of the South line and 533 feet West of the East lineof said Section 18, Rio Blanco County, Colorado. Source: a well having a depth of 937 feet,tributary to the Middle Fork of Story Gulch, a tributary of the White River. Appropriation date: December 5, 1972. On July 18, 1979, in Case No. W-3578 the Court awarded the Applicant aconditional water right decree for .888 c.f.s. for domestic, livestock, irrigation, industrial, commercial,mining, environmental, augmentation, recreation, storage and use of the water stored for thesepurposes. Application contains a detailed outline of work performed during the diligence period. (5pages)

11. 99CW210 (93CW099), RIO BLANCO COUNTY- WHISKEY GULCH, TRIBUTARYTO THE WHITE RIVER, The Oil Shale Corporation, c/o Jacques S. Ruda, 1331 - 17th Street,Suite 510, Denver, Colorado 80202. Application for Finding of Reasonable Diligence for the OhioNo. 41 Well located in the NW¼/SW¼ of Section 25, T. 4 S., R. 98 W. of the 6th P.M. at a point2,200 feet North of the South line and 4,700 feet West of the East line of said Section 25, Rio BlancoCounty, Colorado. Source: a well having a depth of 770 feet, tributary to Whiskey Gulch, a tributaryof the White River. Appropriation date: August 22, 1977. On July 17, 1979, in Case No. W-3576the Court awarded the Application a conditional water right decree for .044 c.f.s. for domestic,livestock, irrigation, industrial, commercial mining, environmental, augmentation, recreation, storageand use of the water stored for any of these purposes. Application contains a detailed outline of workperformed during the diligence period. (5 pages)

12. 99CW211 (93CW100), RIO BLANCO COUNTY- WEST FORK OF SHUTTEGULCH, TRIBUTARY TO THE WHITE RIVER, The Oil Shale Corporation, c/o Jacques S.Ruda, 1331- 17th Street, Suite 510, Denver, Colorado 80202. Application for Finding of ReasonableDiligence for the Camp Bird No. 12 Well located in the NE¼/NE¼ of Section 9, T. 4 S., R. 95 W. ofthe 6th P.M. at a point of 616 feet South of the North line and 457 feet West of the East line of saidSection 9, Rio Blanco County, Colorado. Source: a well having a depth of 1050 feet tributary tothe West Fork of Shutte Gulch, a tributary of the White River. Appropriation date: September 6,1973. On July 17, 1979, in Case No. W-3575 the Court awarded a conditional water right decree for.444 c.f.s. for domestic, livestock, irrigation, industrial, commercial, mining, environmental,augmentation, recreation, storage and use of the water stored for these purposes. Applicationcontains a detailed outline of work performed during the diligence period. (5 pages)


13. 99CW212 (93CW101), RIO BLANCO COUNTY - WEST FORK OF SHUTTEGULCH, TRIBUTARY TO THE WHITE RIVER, The Oil Shale Corporation c/o Jacques S.Ruda, 1331- 17th Street, Suite 510, Denver, Colorado 80202. Application for Finding of ReasonableDiligence for the Camp Bird 12A Well located in the NE¼/NE¼ of Section 9, T. 4 S., R. 95 W. ofthe 6th P.M. at a point 616 feet South of the North line and 442 feet West of the East line of saidSection 9, Rio Blanco County, Colorado. Source: a well having a depth of 1231 feet tributary to theWest Fork of Shutte Gulch, a tributary of the White River. Appropriation date: October 4, 1973. OnJuly 18, 1979, in Case No. W-3577 the Court awarded a conditional water right decree for .444 c.f.s.for domestic, livestock, irrigation, industrial, commercial, mining, environmental, augmentation,recreation, storage and use of the water stored for these purposes. Application contains a detailedoutline of work performed during the diligence period. (5 pages)

14. 99CW213 APPLICATION FOR WATER RIGHTS, WATER STORAGE RIGHT,AND APPROVAL OF PLAN FOR AUGMENTATION, CONCERNING THEAPPLICATION FOR WATER RIGHTS OF LEGACY PARK RANCH OWNERSASSOCIATION, IN GRAND COUNTY. 1. Name, address, and telephone number ofApplicants: Legacy Park Ranch Owners Association, 9025 Grant St., Ste. 201, Thornton, Colorado80229, 303-451-1494, Please send all correspondence to: Holly I. Holder, P.C., 518 17th Street,#1500, Denver, Colorado 80202, (303) 534-3636, REQUEST FOR WATER RIGHTS, 2. Name ofwell: Legacy Park Equestrian Center Well. a. Location: The Well will be located in the SW ¼ NE¼, Section 28, Township 2 North, Range 76 West of the 6th P.M. The well will be located within a10 acre parcel of land more particularly described on Exhibit A and depicted on Exhibit B, bothattached hereto and made a part hereof. b. Source: Groundwater tributary to Smith Creek, tributary tothe Colorado River. c. Amount: 30 gpm d. Appropriation Date: October 22, 1999 e. AppropriationDate: October 22, 1999. f. How appropriation initiated: Intent to appropriate water for beneficialuse and filing of this Application. g. Uses: Stock watering, domestic, and fire fighting. h. Name ofowner of property on which Well is located: Applicant. 3. Name of Springs: Legacy Park Spring 1and Spring 2. a. Location as Depicted on Exhibit B: 1. Spring 1: SE ¼ NE ¼, Section 27, Township2 North, Range 76 West of the 6th P.M., approximately 2,270 feet from the North section line and835 feet from the East section line. 2. Spring 2: NE ¼ SE ¼, Section 27, Township 2 North, Range76 West of the 6th P.M., approximately 3,030 feet from the North section line and 540 feet from theEast section line. b. Source: Surface and ground water tributary to Smith Creek. c. Amount: Spring1: 2.0 cfs, conditional, Spring 2: 2.0 cfs, conditional d. Appropriation date: October 22, 1999 e. Howappropriation initiated: Intent to appropriate water for beneficial use and filing of this Application. f.Uses: Augmentation, replacement, exchange, recreation, wildlife and fish propagation, stockwatering, irrigation, fire fighting, and storage. g. Name of owner of land on which Springs arelocated: Applicant REQUEST FOR WATER STORAGE RIGHT, 4. Name of Reservoir: LegacyPark Reservoir, a. Legal description of Reservoir as Depicted on Exhibit B: The Reservoir will belocated in the SE ¼ NE ¼ and the NE ¼ SE ¼ of Section 27, Township 2 North, Range 76 West ofthe 6th P.M., Grand County, Colorado as depicted on Exhibit B attached hereto and made a parthereof. The center of the dam will be located approximately 2,740 feet from the North section line


and approximately 1,160 feet from the East section line. b. Source: Legacy Park Springs 1 and 2requested above, and other waters tributary to said Reservoir. c. Date of appropriation: October 22,1999. d. How appropriation initiated: Intent to appropriate water for beneficial use and filing of thisApplication. d. Amount claimed: 60 acre-feet fill and refill (conditional), Active Storage: 57 acre-feet,Dead Storage: 3 acre-feet e. Use: Storage, recreation, wildlife and fish propagation, augmentation,replacement, exchange, domestic, stock watering, and fire fighting. f. Surface area at normal highwater level: Approximately 7.1 acres. g. Name of owner of land on which structure is located: Applicants. REQUEST FOR APPROVAL OF PLAN FOR AUGMENTATION 5. Name ofstructures to be augmented: Legacy Park Equestrian Center Well and Legacy Park Reservoir. 6.Water rights to be used for augmentation: Legacy Park Spring 1 and Spring 2 and Legacy ParkReservoir. 7. Description of plan for augmentation: a. Applicants will replace the evaporative lossesassociated with water stored in Legacy Park Reservoir requested above. It is estimated that the netevaporation associated with the Legacy Park Reservoir will be approximately 13.22 acre-feetannually (1.86 acre-feet per surface acre). Applicant will replace net depletions by direct discharge tothe stream or release of water stored in the Reservoir. No releases will be made when Reservoirdepletions are in priority. b. Applicants will also replace the consumptive use associated with theLegacy Park Equestrian Center Well in the amount of 2.04 acre-feet per year based on usesassociated with a restroom, stock watering, and horse washing and maintenance. Waste water fromthe Equestrian Center will be treated by a non-evaporative septic system. Uses associated with theEquestrian Center are 10% consumptive. Return flows generated from the treatment of waste waterwill accrue back to the stream system at a relative constant rate. Return flows will be used to offsettotal well depletions. Applicant will replace net depletions by direct discharge to the stream orrelease of water stored in the Reservoir. c. The Springs and other tributary waters will be used to fillthe Reservoir. Together, the net evaporation losses of the Reservoir and net depletions of the Wellfor the equestrian center will require approximately 15.26 acre-feet of water per year foraugmentation which will be stored in the Reservoir and released annually. These amounts may berefined upward or downward as information is developed without further notice. WHEREFORE,Applicants pray that this Court enter a decree granting the application for water rights requestedherein, finding that storage described herein pursuant to the plan for augmentation will prevent injuryto owners and users of vested and conditional water rights, and for such other and further relief as thisCourt deems just and proper in the premises. (7 pages)

15. 99CW214 GARFIELD COUNTY, ROARING FORK RIVER. Town of Carbondale, c/oMark E. Hamilton, Esq., Caloia & Houpt, P.C., 1204 Grand Ave., Glenwood Springs, CO 81601(970) 945-6067. Carbondale District Final Treatment Pipeline. Application for Finding of ReasonableDiligence. Decreed: 04/30/79, Case No. W-3679, District Court, Water Div. No. 5. Location: thepoint of diversion is located at a point whence the E. ¼ corner of S. 28, T. 7 S., R. 88 W., 6th P.M.,bears N. 58°58' E. 2,240 feet. Source: municipal waste water and urban run-off collected and treatedby the Town of Carbondale Wastewater Treatment Plant. Approp. date: 12/13/77. Amount: 1.55c.f.s, conditional. Uses: irrigation, municipal, domestic, manufacturing, commercial, industrial,mechanical, storage, exchange, replacement and/or augmentation. A detailed outline of workperformed during the diligence period is contained in the Application. (4 pages)


16. 99CW215 MESA COUNTY - GOAT WASH. Pine Terrace Court HomeownersAssociation; c/o Stuart A. Rhodes, Secretary; 2264 Pine Terrace Court; Grand Junction, Co 81503-1258 970-241-9179. Munkres Pump - Application to Make Absolute a Conditional Water Right. Decreed: October 25, 1993, 93CW145. Location: S1/4 Corner Sec. 7, T. 1 S., R. 1 W., U.M.1,987.95 feet North 32°51'43" East. Appropriation: May 28, 1993. Amount: 0.0783 cfs. Use: irrigation. The application contains a detailed outline of the work performed for completion of theappropriation and application of the water to beneficial use. (3 pages)

17. 99CW216 PITKIN COUNTY - SOPRIS CREEK, ROARING FORK RIVER. AliceCampbell; P. O. Box 264; Basalt, CO 81621 970-927-3869 and Letitia Bartlett; P.O. Box 1624;Basalt, CO 81621 970-927-4464. Dean Ditch - Application for Water Rights (Surface). Location: Sec. 24, T. 8 S., R. 87 W., 6th P.M. 225 feet from the west sec. line and 950 feet from the north sec.line. Appropriation: April 15, 1920. Amount: 0.25 cfs, absolute. Use: irrigation. (3 pages)

18. 99CW217 (93CW127, 86CW182) - EAGLE COUNTY - GROUND WATER FROMBEDROCK AQUIFERS, HYDRAULICALLY CONNECTED TO SQUAW CREEK, ATRIBUTARY OF THE EAGLE RIVER, A TRIBUTARY OF THE COLORADO RIVER. Colorow at Squaw Creek Homeowners Association, c/o Scott Balcomb, Esq., Edward B. Olszewski,Esq., Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602, (970) 945-6546. Application for Finding of Reasonable Diligence. Names of structures: Colorow Well Nos. 1-4 and6-22. Describe conditional water rights from original decree: Date of original decree: May 29,1987; Case No.: 86CW182; Court: District Court for Water Division No. 5, State of Colorado. Location: The wells are located within the Colorow at Squaw Creek Subdivision, whose boundariesare shown on Attachment 1 hereto. The proposed location of said wells are also shown onAttachment 1 hereto, all within Secs. 13 and 24, T. 5 S., R. 83 W. of the 6th P.M., Eagle County,Colorado. Depth: The proposed depth of each well is 400 ft. Appropriation date: May 21, 1984. Amount decreed to each well: 15.0 gpm (0.0334 cfs), conditional. Use: The uses decreed to theabove water rights are irrigation of lawns and gardens, domestic use and fire protection purposes.Outline of work done towards completion of the appropriation application water to beneficial use: Applicant submitted a detailed description of diligence activities. Applicant continues to rely on theabove conditional water rights to provide water for irrigation, domestic use and fire protection. Applicant has no intent to abandon the subject water rights. (4 pages).

19. 99CW218 (93CW109) SUMMIT COUNTY, APPLICATION TO MAKE ABSOLUTECONDITIONAL WATER RIGHT. 1. Name, address and telephone number of Applicant: HamiltonCreek Metropolitan District, P.O. Box 627, Frisco, Colorado 80443. 2. Name of structure: HamiltonCreek Well No. 2. 3. Description of conditional water right: A.Decree: Judgment and Decree datedMay 25, 1983, entered by the Water Court in Case No. 82CW379. B. Decreed Location of Structure: Hamilton Creek Well No. 2 is located in the NW1/4 NE1/4 of Sec. 36, T. 4 S., R. 78 W. of the 6thP.M., at a point 420 feet from the North Section line and 1575 feet from the East Section line of saidSection 36. C. Source: The source of water for Hamilton Creek Well No. 2 is ground water tributary


to Hamilton Creek, tributary to the Blue River. D. Appropriation Date: October 15, 1983. E.Amount: The amount claimed is 0.169 cfs. F. Use: Domestic, irrigation and municipal purposes.4. Detailed outline of work done to apply water to beneficial use: During the subject diligence period(1993-1999), applicant has drilled, pumped and put to beneficial use the decreed amounts for WellNo. 2. Applicant constructed a well on September 21, 1995 under permit MH 26513. The StateEngineer’s Office assigned a well permit number 046477-F. Applicant tested well water as requiredby the State of Colorado. Applicant has expended $36,604.35 during the diligence period on drilling,equipping, and engineering of the Subject Water Rights, including the connection of the distributionsystem related thereto. Applicant allocated administrative resources for permitting and testing of theSubject Water Rights. Wherefore, applicant requests that the Court enter a decree making theHamilton Creek Well No. 2 absolute for 0.169 cfs for all decreed uses. If the Court determines thatthe Subject Water Rights are not absolute, the applicant requests a finding of reasonable diligence hasbeen exercised with respect to the conditional water right for Hamilton Creek Well No. 2. (3 pages)

20. 99CW219 MESA COUNTY - EAST SALT CREEK, COLORADO RIVER. James R.Wootten; 950 R. Road; Mck, CO 81525 970-858-0932. Lonnie Spring, Dennis Spring, J.B. Springand Nina Spring - Application for Water Rights (Surface). Location: Lonnie Spring - 925 feet fromthe southeast corner of the S1/2SW1/4 Sec. 15, T. 9 S., R. 103 W., 6th P.M. on a line south88°41'57" West then 5 feet North 00°20'08" East, Dennis Spring - 900 feet from the southeast cornerof the S1/2SW1/4 Sec. 15, T. 9 S., R. 103 W., 6th P.M. on a line South 88°41'57" West then 800 feetNorth 00°20'08" East, J.B. Spring - 890 feet from the southeast corner of the S1/2SW1/4 sec. 15, T. 9S., R. 103 W., 6th P.M. on a line South 88°41'57" West then 865 feet North 00°20'08" East, NinaSpring - located 890 feet from the southeast corner of the S1/2SW1/4 Sec. 15, T. 9 S., R. 103 W., 6thP.M. on a line South 88°41'57" West then 846 feet North 00°20'08" East. Appropriation: October22, 1999. Amount: 1.0 cfs, absolute (0.25 cfs for each spring). Use: water trees, pasture and truckcrops. (3 pages)

21. 99CW220 GARFIELD COUNTY, CATTLE CREEK, ROARING FORK RIVER.Application for Finding of Reasonable Diligence. Paul & Pamela Pine, c/o Sherry A. Caloia, Esq.,1204 Grand Avenue, Glenwood Springs, CO 81601 (970) 945-6067. Names of structures: HerringPond and Herring Pond Inlet. Decreed: 01/07/83, Case Nos. 82CW271 and 82CW272, Water Div. 5.Locations: Herring Pond is located in the NW¼ NW¼ of Sec. 17, T. 7 S., R. 88 W. of the 6th P.M.,at a point 1115 feet S. of the N. line and 330 feet E. of the W. line of said Sec 17; Herring Pond Inletis located in the NW¼ NW¼ of Sec. 17, T. 7 S., R. 88 W. of the 6th P.M., at a point 1220 feet S. ofthe N. line and 435 feet E. of the W. line of said Sec. 17. Source: Cattle Creek, trib. to Roaring ForkRiv. Approp. date: 08/19/82. Uses (both structures): livestock water, fish culture, irrigation, domesticand municipal purposes, when used in connection with the plan for augmentation set forth in CaseNo. 82CW274. Amounts: 0.50 c.f.s., conditional (Herring Pond Inlet); 1.0 acre-feet, conditional(Herring Pond). Applicants request a finding of reasonable diligence for both structures as to alldecreed amounts and uses. The Application contains an outline of activity during the diligence period.(4 pages)


22. 99CW221 Garfield County; Rifle Creek, Colorado River. David and Cindy Powers, c/oLeavenworth & Tester, P.C., P.O. Drawer 2030, Glenwood Springs, CO 81602. Application forFinding of Reasonable Diligence. Name of structure: Robinson Well No. 3. Date of original decree:4/17/1984 in Case No. 82CW152 in the District Court in Water Div. No. 5. The well will be locatedin the SW 1/4 SE 1/4 of Sec. 19 and in the NW 1/4 NE 1/4 of Sec. 30 T. 5 S., R. 92 W., 6th PM. Theexact location of the well will be determined at the time an application for a drilling permit is made.Source: Rifle Creek tributary to the Colorado River. Appropriation date: 5/15/1982. Amount: TheRobinson Well System as decreed in Case No. 82CW152, consists of the Robinson Well Nos. 1, 2 &3. The well system was awarded a conditional water right of 173.28 gpm (0.38 cfs); however the totaldiversion for all of the wells is limited to 13,870 gpd during the months of April through Oct. and7790 gpd from Nov. through March. Use: Municipal, household, domestic irrigation, livestock water,and fire protection purposes. The application provides a detailed outline of what has been donetoward completion of the appropriation and application of water to a beneficial use as conditionallydecreed. (3 pages)

23. 99CW222 GARFIELD COUNTY. APPLICATION FOR FINDING OF REASONABLEDILIGENCE. Linda Marie Arocha, c/o Arthur B. Ferguson, Jr., Holland & Hart LLP., 600 E. MainSt., Ste. 104, Aspen, CO 81611, 970-925-3476: Marquis/Wallbank Well No.5; On Nov. 2, 1987,Case No.87CW100, the Water Judge for Water Division No.5 awarded to Marquis/Wallbank WellNo. 5 a conditional water right of 0.033 cfs (15 gpm). On Ap. 14, 1993, Case No.91CW153 theWater Judge for Water Division No.5 awarded to Marquis/Wallbank Well No.5 2.1 gpm absoluteand unconditional for domestic purposes and the remaining 12.9 gpm conditional; Well is located inthe SE¼NE¼ of Sec. 23, T.7S., R.88W.,6th P.M., at a point whence the E¼ Corner of Sec. 23, T.7S.,R.88W.,6th P.M. bears S.35°41’33”E. 987.69 ft.; Source: Ground water tributary to the Roaring ForkRiver; Appropriation Date and Amount: Ap. 9, 1987 for 0.033 cfs; Use: Domestic and irrigationpurposes; Applicant has set forth her actions regarding the exercise of reasonable diligence inApplication.(3 pages)

24. 99CW223 (93CW064) GARFIELD COUNTY - CACHE CREEK, COLORADORIVER. Joan L. Savage; 5953 County Road 320; Rifle, CO 81650 970-625-1675. Reeves WellNo. 1 - Application for Finding of Reasonable Diligence. Decreed: May 27, 1975, W-2515. Location: the well is located in the NE1/4SW1/4 of Sec. 20, T. 7 S., R. 94 W., 6th P.M. at a point1,520 feet North of the south line and 1,340 feet East of the west line of Sec. 20. Appropriation: September 18, 1973. Amount: 1.33 cfs, conditional. Use: domestic, irrigation, livestock water,industrial and commercial purposes. The Application contains a detailed outline of the workperformed during the diligence period. (2 pages)

25. 99CW224 MESA COUNTY - BUZZARD CREEK, PLATEAU CREEK,COLORADO RIVER. Concerning the application of water rights of Ben E. Nichols and Lois M.Nichols, Route 1, Box 52, Collbran, Co 81624, (303)487-3760. Name of Structure: Nichols SpringNo. 1. Date of Original Decree: April 8, 1993. Case No.: 92CW315. Court: Division 5. Location: the point of diversion is located in the NE1/2 of the SW1/4 of Section 18, Township 9 South, Range


92 West 6th P.M. and is located approximately 1400 feet East of the west section line and 2250 feetnorth of the south line of said Section 18. Source: Unnamed tributary to Buzzard Creek Tributary toPlateau Creek Tributary to the Colorado River. Appropriation Date: June 15, 1999. Amount: .10. Use: Domestic, livestock watering, lawn and garden irrigation. Outline of work toward completionof the appropriation: Inspection of water works; inspection of proposed pipeline; analysis of gradesand elevations; research of cost estimate for materails; consideration of alternative constructionmethods; analysis of flows. Attorney: Mark N. Williams, P.C. 326 Main Stsreet, Suite 103, GrandJunction, co 81501, (970) 242-2111, Reg. No. 10753. (2 pages)

26. 99CW225 EAGLE COUNTY, EAST COULTER CREEK, CATTLE CREEKROARING FORK RIVER. Mary Teresa McNulty Homeowners' Assoc. Inc., c/o Mark E.Hamilton, Esq., Caloia & Houpt, P.C., 1204 Grand Ave., Glenwood Springs, CO 81601 (970) 945-6067. App. to Make Water Right Absolute or for Finding of Reasonable Diligence. Structure: MaryMcNulty Subdivision Well. Decreed: 04/09/85, Case No. 83CW140, Water Div. 5. Location: SE¼NE¼ Sec. 33, T. 6 S., R. 87 W. of the 6th P.M., at a point whence the SE Corner of Sec. 33 bears S.17° E. a distance of 3090 ft. Source: groundwater tributary to E. Coulter Creek., trib. to CattleCreek., trib. to Roaring Fork Riv. Approp. date: 10/30/81. Amt: 30 g.p.m., cond. Uses: irrig.,domestic, fire protection, stock watering. Applicant requests: (1) that 20 g.p.m. be made absolute fordomestic use within one home and irrigation of 1500 square feet of lawns and gardens; and (2) afinding of reasonable diligence as to all other amounts and uses. An outline of activity during thediligence period is included in the Application. (4 pages)

27. 99CW226 (91CW243) PITKIN COUNTY, APPLICATION FOR FINDING OFREASONABLE DILIGENCE. 1. Name and address of applicant: LPG-ONI, a Colorado limitedpartnership, c/o Mandalay Ranch, 1190 Mandalay Lane, Aspen, CO 81611. 2. Name of Structures:(a) Mitchell Pond No. 1 Second Enlargement; (b) Owl Creek Ranch - South Ponds #1 through #8; (c)Owl Creek Ranch - South Augmentation Ponds #1 and #2; (d) Owl Creek Ranch - South Pump andPipeline; (e) Owl Creek Ranch - South Well #1; (f) Owl Creek Ranch - South Well #2; and (g) OwlCreek Ranch - South Wells #3, #4 and #5. 3. Description of Conditional Water Rights. Thefollowing described water rights adjudicated by the District Court in and for Water Division No. 5 inCase No. 91CW243: (a) Mitchell Pond No. 1 Second Enlargement, decreed for 6 acre feetconditional, with an April 1, 1991 appropriation date, the source of which is Spring and Owl Creeks,tributary to the Roaring Fork River, for domestic, commercial, livestock, irrigation, recreation, and allother beneficial uses. This pond is decreed as being located in the NE1/4 NW1/4 of Section 4,T. 10 S., R. 85 W., 6th P.M., at a point 425 feet South of the North line and 3170 feet West of theEast line of said Section 4. (b) Owl Creek Ranch - South Ponds #1 through #8, decreed for 2 acre feetconditional each, with a November 26, 1991 appropriation date, the source of which is Owl andSpring Creeks and groundwater from the Owl Creek Ranch - South Wells #1 through #5, all tributaryto the Roaring Fork River, for domestic, commercial, livestock, irrigation, recreation and fire fightinguses. These ponds will be located in the SW1/4 of Section 4, the S1/2 of Section 5, and the N1/2 ofSection 8, T. 10 S., R. 85 W., 6th P.M. (c) Owl Creek Ranch - South Augmentation Ponds #1 and#2, decreed for 6 acre feet conditional each, with a November 26, 1991 appropriation date, the source


of which is Owl and Spring Creeks, tributary to the Roaring Fork River, for domestic, commercial,livestock, irrigation, recreation and fire fighting purposes. These ponds will be located in the SW1/4of Section 4, S1/2 of Section 5, and the N1/2 of Section 8, T. 10 S., R. 85 W., 6th P.M. (d) OwlCreek Ranch - South Pump and Pipeline, decreed for 0.5 cfs conditional, with a November 26, 1991appropriation date, the source of which is Spring Creek, tributary to the Roaring Fork River, fordomestic, commercial, livestock, irrigation, recreation, filling of the Owl Creek Ranch - South Ponds,and fire fighting purposes. The point of diversion is located in the NE1/4 SE1/4 of Section 5, T. 10S., R. 85 W., 6th P.M. at a point whence the East 1/4 corner of said Section 5 bears N. 70° E., 3,250feet. (e) Owl Creek Ranch - South Well #1, decreed for 35 gpm (0.078 cfs) conditional, with a March5, 1991 appropriation date, the source of which is groundwater tributary to the Roaring Fork River,for domestic, commercial, livestock, irrigation, recreation, filling of the Owl Creek Ranch - SouthPonds, and fire fighting purposes. This well is located 2600 feet North of the South Section line, and2250 feet West of the East Section line of Section 5, T. 10 S., R. 85 W., 6th P.M. (f) Owl CreekRanch - South Well #2, decreed for 60 gpm (0.134 cfs) conditional, with a March 15, 1991appropriation date, the source of which is groundwater tributary to the Roaring Fork River, fordomestic, commercial, livestock, irrigation, recreation, filling of the Owl Creek Ranch - South Ponds,and fire fighting purposes. This well is located 2200 feet North of the South Section line and 4900feet West of the East Section line of Section 4, T. 10 S., R. 85 W., 6th P.M. (g) Owl Creek Ranch -South Wells #3, #4 and #5, decreed for 30 gpm (0.067 cfs) conditional each, the source of which isgroundwater tributary to the Roaring Fork River, for domestic, commercial, livestock, irrigation,recreation, filling of the Owl Creek Ranch - South Ponds, and fire fighting purposes. These wells willbe located in the SW1/4 of Section 4, the S1/2 of Section 5, and the N1/2 of Section 8, T. 10 S., R.85 W., 6th P.M. 4. Detailed outline of work done to complete project and apply water to beneficialuse. The subject water rights are part of an integrated water system and plan for augmentationdecreed in Division No. 5 Case No. 91CW243 which are intended to serve property in portions ofSections 4, 5 and 8, T. 10 S., R. 85 W., 6th P.M., Pitkin County, Colorado (the "Owl Creek RanchSouth"). During the past six years, applicant has spent in excess of $1,000,000 on the development,improvement, management and operation of the Owl Creek Ranch South and its related water rights,including the water rights which serve as the source of augmentation for the subject water rights. These expenditures and activities assisted in the eventual application of the subject water rights to thebeneficial uses for which they were decreed. Wherefore, applicant requests that the Court enter afinding of reasonable diligence with respect to the Mitchell Pond No. 1 Second Enlargement, OwlCreek Ranch - South Ponds #1 through #8, Owl Creek Ranch - South Augmentation Ponds #1 and#2, Owl Creek Ranch - South Pump and Pipeline, Owl Creek Ranch - South Well #1, Owl CreekRanch - South Well #2, and Owl Creek Ranch - South Wells #3, #4 and #5. (4 pages)

28. 99CW227 (93CW139, 93CW140, 93CW141), GRAND COUNTY - FRASER RIVERand its tributaries, including Ranch Creek and Meadow Creek. 1. Colorado River WaterConservation District, c/o Secretary/General Manager, P. O. Box 1120, Glenwood Springs,Colorado 81602, Telephone: (970) 945-8522. (Please direct all pleadings and correspondence inthis matter to: David C. Hallford, General Counsel; and Jill C. Harris, Associate Counsel at theforegoing address.) APPLICATION FOR FINDING OF REASONABLE DILIGENCE. 2. Describe


conditional water right (as to each structure) giving the following from the Referee’s Ruling andJudgment and Decree: Names of Structures: Facilities of the Fraser Valley Project: Fraser PumpingPlant and Pipeline; Fraser Feeder Canal; Ranch Creek Reservoir. B. Decree Information: (1) Fraser Pumping Plant and Pipeline: Dated: June 18, 1987, Court: Water Division No. 5,Case No.84CW553; Location: South 71°31' West 605 feet from the NE Corner of Section 19, Township 1South, Range 75 West of the 6th Principal Meridian; Source: The direct flow from the Fraser Riverand its tributaries; Appropriation Date: November 9, 1984; Amount: 35 cfs conditional; Use:Irrigation, stockwater, municipal, commercial, industrial, piscatorial and power generation; (2) FraserFeeder Canal: Dated: June 18, 1987, Court: Water Division No. 5, Case No. 84CW552; Location:The proposed point of diversion for the Fraser Feeder Canal is located in the Southeast Quarter of theSoutheast Quarter of Section 18, Township 1 South, Range 75 West of the Sixth Principal Meridianin Grand County at a point 63 feet North of the South line and 493 feet West of the East line of saidSection 18. The point of diversion bears North 82°45" West a distance 497 feet from the SoutheastCorner of said Section 18; Source: The direct flow from the Fraser River and its tributaries in formerWater District 51 in Grand County; Amount: 150 cfs conditional; Appropriation Date: November 8,1984; Use: The water right will be used, in addition to Ranch Creek and Meadow Creek, to fillRanch Creek Reservoir, for subsequent application to beneficial uses for irrigation, stockwater,municipal, commercial, industrial, piscatorial, power generation, and maintenance of adequate storagereserves. (3) Ranch Creek Reservoir, Dated: June 18, 1987;Court: Water Division No. 5, Case No.84CW551; Location: The proposed Ranch Creek Dam is located in the Northeast Quarter of theNorthwest Quarter of Section 6, Township 1 South, Range 75 West of the 6th Principal Meridian inGrand County and in the Southeast 1/4 Southeast 1/4 of Section 31, Township 1 North, Range 75West of the 6th Principal Meridian in Grand County. A point on the dam axis near the South end ofsaid axis lies 218 feet South of the North line and 1,459 feet East of the West line of said Section 6. This point bears South 81°30 East a distance 1,476 feet from the Northwest Corner of said Section 6. A point on the dam axis near the North end of said axis lies 593 feet North of the North line and1,446 feet East of the West line of said Section 6. This point bears North 67°42' East a distance1,563 feet from the Northwest Corner of said Section 6. The dam axis bears North 00°58' West;Source: The source of the water is Ranch Creek and Meadow Creek, tributaries of the Fraser River,and the Fraser River via diversions through the Fraser Feeder Canal; Amount: 20,000 acre feetannually; Appropriation Date: November 8, 1984. 3. Provide a detailed outline of what hasbeen done toward completion or for completion of the appropriation and application of waterto a beneficial use as conditionally decreed including expenditures. The Application contains adetailed outline of work performed during the diligence period on the following subjects which aresummarized here: (1) “UPCO” Study. The River District has been participating in the UpperColorado Study (“UPCO”) to quantify needs and demands on the Colorado River and its tributariesupstream of Kremmling. The Ranch Creek conditional water rights would be a potential source. TheDistrict has currently paid $20,000. Staff time has amounted to an additional expenditure ofapproximately $10,000. (2) Feasibility Studies. The River District contracted with CH2M-Hill in1996 and paid $8,870 for work on feasibility of construction of a reservoir at the Ranch Valley site. In addition, the Middle Park Water Conservancy District performed a related, cooperativeinvestigation regarding the feasibility of water project development in the Fraser River Basin. (3)


Environmental Regulation. The River District has monitored and lobbied concerning environmentallegislation, particularly the Endangered Species Act, as such environmental acts relate to theconstruction of projects and utilization of water within Western Colorado. (4) Endangered Species. A significant concern regarding the development of projects in Colorado Water Division No. 5 is theexistence and status of four native fish species which have been listed as “endangered” by the Fish &Wildlife Service pursuant to the federal Endangered Species Act. The River District expended atleast $398,890.68 in efforts concerning this subject. The River District has been involved in thedevelopment by the U. S. Fish and Wildlife Service of a “programmatic biological opinion”concerning water depletions in the Colorado River mainstem upstream from Grand Junction and isparticipating with other entities in what is referred to as the Coordinated Facilities Operations Study(“CFOPS”) which will identify project alternatives for meeting the water needs for Colorado Riverendangered fishes. Ranch Creek Reservoir is one of the alternatives being studied. (5) Legislation. The River District annually participates actively in legislative processes regarding water-relatedmatters before both the United States Congress and the Colorado General Assembly. (6) ProjectRevenue Development. The River District has been actively engaged in the construction andoperation of Wolford Mountain Reservoir on Muddy Creek. The successful completion of thatproject and the receipt of lease and contractrevenues by the River District will provide financial ability to develop other water projects. (7)Salinity. The River District continues to participate in discussions regarding the salinity of theColorado River, as well as the operation of the Colorado River mainstem reservoirs to ensure to theRiver District, as well as to the State of Colorado, an adequate supply of water from the ColoradoRiver. (8) USGS Gaging. The River District participates in the funding of United States GeologicalSurvey gaging stations. Since 1997, the River District has participated through the USGScooperative stream gaging program in maintaining streamflow gaging at both Ranch Creek belowMeadow Creek and Meadow Creek at the Mouth with Ranch Creek, as well as supporting a waterquality monitoring station at Ranch Creek below Meadow Creek. The total annual cost of thisprogram in 1999 was $24,690 with the River District bearing 50% of the cost. (9) Surface WaterModeling. The River District has participated in the ongoing creation of surface water models relatedto the protection and development of water which is the subject of River District projects. (8 pages)

29. 99CW228 APPLICATION FOR CHANGE OF WATER RIGHT OF THE TOWN OFFRISCO IN SUMMIT COUNTY. Name, address and telephone number of applicant: Town ofFrisco, c/o Clayton G. Brown, Town Manager, P. O. Box 4100, Frisco, CO 80443-4100, (970) 668-0836, c/o David L. Harrison, James R. Montgomery, Gilbert Y. Marchand, Jr., Moses, Wittemyer,Harrison and Woodruff, P.C., P. O. Box 1440, Boulder, CO 80306-1440.

2. Decreed name of structures for which change is sought:

Frisco Town Ditch and Frisco Well No. 6.

3. Previous decrees:


A. The Frisco Town Ditch water right was originally decreed on March 2, 1910 in Case No.1277, District Court, Summit County, for 7.934 cfs, absolute, with an appropriation dateof June 23, 1904. 4.0 cfs of this right was transferred to a new point of diversion onNorth Ten Mile Creek on October 11, 1954 in Civil Action No. 1970, Summit CountyDistrict Court. On December 15, 1981 in Case No. 81CW035, District Court, WaterDivision No. 5, the point of diversion was changed to the present location on the northbank of North Ten Mile Creek at a point in the SE1/4 NE1/4 of Section 33, Township 5South, Range 78 West, 6th P.M., Summit County, whence the North Quarter Corner ofSection 34 bears North 65E27' East 3609 feet distance.

B. The remaining 3.934 cfs of the Frisco Town Ditch water right was changed to new pointsof diversion at Frisco Well Nos. 1 through 5 in Case Nos. W-1790, W-1790-78, and81CW115, all in District Court, Water Division No. 5.

C. A plan for augmentation and exchange was decreed for the Frisco Town Ditch water rightand Frisco Well Nos. 1 through 5 on February 6, 1995 in Case No. 87CW198, DistrictCourt, Water Division No. 5. In Case No. 98CW229, District Court, Water Division No.5, a decree was entered on October 25, 1999 approving Frisco Well No. 5 as an alternatepoint of diversion for 0.6 cfs of the 4.0 cfs portion of the Frisco Town Ditch water rightdecreed for diversion on North Ten Mile Creek.

D. On September 24, 1997 in Case No. 95CW141, District Court, Water Division No. 5,Frisco Well Nos. 6 and 7 were decreed as alternate points of diversion for Frisco WellNos. 1 and 2 and were included in Frisco's plan for augmentation and exchange that hadbeen decreed in Case No. 87CW198.

E. Well No. 6 is tributary to Meadow Creek. Pursuant to the decree in Case No. 95CW141,Well No. 6 is decreed to pump at a rate of up to 0.79 cfs and an average amount of 750acre-feet per year. The decreed location of Well No. 6 is at a point in the NW1/4 SW1/4of Section 26, Township 5 South, Range 78 West, 6th P.M., Summit County,approximately 2500 feet North and 950 feet East of the southwest corner of said section. The actual location is in the NW1/4 SW1/4 of Section 26, Township 5 South, Range 78West, 6th P.M., at a point approximately 2300 feet North and 1100 feet East of thesouthwest corner of said section.

F. Historical use: The Frisco Town Ditch water right has historically been used for allmunicipal and domestic needs of the customers of the Town of Frisco water system. Frisco Well No. 6 will be interconnected to Frisco's municipal water supply system. Thewell has been drilled and pump tests have been conducted, but water from the well hasnot yet been placed to beneficial use within the Frisco municipal system.


G. Well Permit No. 045452-F was issued for Well No. 6, but it has expired. An applicationfor a well permit will be filed with the State Engineer's Office to provide for pumping ofthe amount decreed in Case No. 95CW141 and the additional amount requested herein.

4. A. Proposed changes: Applicant seeks a decree approving Frisco Well No. 6 as an alternatepoint of diversion for an additional increment of the Frisco Town Ditch water right. Specifically, applicant proposes to divert at Well No. 6 an additional 0.99 cfs of the 4.0cfs portion of the Frisco Town Ditch water right decreed for diversion on North Ten MileCreek. The total amount of the Frisco Town Ditch water right proposed to be divertedfrom Well No. 6 will be 1.78 cfs, 0.79 cfs of which will be pursuant to the decree in CaseNo. 95CW141, and 0.99 cfs of which will be pursuant to the decree requested in thisapplication. Applicant seeks to have the operational flexibility to pump Well No. 6 inannual volumes greater than the 750 acre-foot average annual volume described in thedecree in Case No. 95CW141. Accordingly, applicant seeks to remove that averageannual volume as a limit on Well No. 6 pumping. Applicant proposes to limit Well No. 6pumping based on the instantaneous rate requested herein and the terms and conditions ofthe decree in Case No. 87CW198. Finally, applicant seeks to correct the decreedlocation of Well No. 6 so that it conforms with the actual location described in paragraph3.E. of this application.

B. Remarks: Paragraph 19 of Frisco's augmentation plan decreed in Case No. 87CW198contemplates that Frisco may seek additional diversion capacity through its wells,particularly wells in the Meadow Creek drainage such as Well No. 6. That paragraphstates that the addition of diversion capacity will not require a showing of actual historicaluse, so long as operations of the water rights are governed by the augmentation plandecree, and total diversions under the Frisco Town Ditch water right are limited to 7.934cfs. The change sought herein will be operated in conformance with the augmentationplan decree, and total diversions under the Frisco Town Ditch will not exceed 7.934 cfs.

Paragraph 20 of Frisco's augmentation plan decree states that so long as the plan foraugmentation is operated in conformance with the requirements of the decree and with theconditions of agreements between Frisco and other water users, no injurious effect willoccur. Applicant's operation of the change described herein will be operated inconformance with these requirements.

The proposed change will not have an adverse effect on the instream flow rights of theColorado Water Conservation Board. The Board and Frisco executed an agreement andstipulation dated October 25, 1988, which sets forth certain terms and conditions for theprotection of instream flows. Paragraph 1.b) of that agreement states:

To the extent that the flow on Tenmile Creek is less than or equal to 7.0cfs, as measured at the USGS gage on Tenmile Creek located


downstream of the confluence of North Tenmile Creek, Frisco agreesthat it will rely on Frisco Well No. 5, tributary to Meadow Creek, as itsprimary point of diversion and will only divert from its other wells anddiversion structures to the extent that Well No. 5 does not meet Frisco'swater system demand.

The Board also deleted a claim for an instream flow water right on Meadow Creekbetween I-70 and Dillon Reservoir, the segment in which Well No. 5 is located, inaccordance with paragraph 2.b) of the agreement and stipulation. Well No. 6 is alsotributary to Meadow Creek. Therefore, the proposed change to divert an additionalportion of the Frisco Town Ditch water right at Well No. 6 is in accordance with, andfurthers the purposes of, Frisco's agreement with the Board to protect instream flows.

Applicant is not seeking to change or increase the total amount diverted under the FriscoTown Ditch water right, the type of use, place of use, nor time of use.

5. Name and address of owner of land on which structures are located:

Town of Friscoc/o Clayton G. Brown, Town ManagerP. O. Box 4100Frisco, CO 80443-4100

WHEREFORE, applicant respectfully requests the Court to enter a decree approvingWell No. 6 as an alternate point of diversion for an additional 0.99 cfs of the Frisco Town Ditchwater right, correcting the decreed location of Well No. 6 to its actual location, finding that therequested changes will not injuriously affect any other water rights, and granting such other relief as isappropriate. (6 pages)

30. 99CW229 PITKIN COUNTY, FRYING PAN RIVER. Application to Make Water RightAbsolute and for Finding of Reasonable Diligence. Ruedi South Shore Homeowners Assoc. Inc. etal., c/o Mark E. Hamilton, Esq., Caloia & Houpt, P.C., 1204 Grand Ave., Glenwood Springs, CO81601 (970) 945-6067. Structures: Ruedi South Shore Well Nos. 2, 3, 4, 5, 6, 7, 8, 11, 12, 13, 14and 15. Decreed: 07/26/83, Case No. 82CW357, Water Div. 5. Locations (all in Pitkin County,CO): Well No. 2: NE¼ SW¼ Sec. 15, T. 8 S., R. 84 W. of the 6th P.M., more fully described asfollows: commencing at the witness Corner to the W¼ Corner of Sec. 14, said Township and Range,a Forest Service aluminum cap in place (whence the True W¼ Corner of said Sec. 14 bears S.01°14'00” E. 14.52 feet), thence S 88°10'48” W. 3358.35 feet to the true location of the proposedwell; Well No. 3: NE¼ SW¼ Sec. 15, T. 8 S., R. 84 W. of the 6th P.M., more fully described asfollows: commencing at the witness Corner to the W¼ Corner of Sec. 14, said Township and Range,a Forest Service aluminum cap in place (whence the True W¼ Corner of said Sec. 14 bears S.01°14'00” E. 14.52 feet), thence S 84°02'37” W. 2866.01 feet to the true location of the proposed


well; Well No. 4: NE¼ SW¼ Sec. 15, T. 8 S., R. 84 W. of the 6th P.M., more fully described asfollows: commencing at the witness Corner to the W¼ Corner of Sec. 14, said Township and Range,a Forest Service aluminum cap in place (whence the True W¼ Corner of said Sec. 14 bears S.01°14'00” E. 14.52 feet), thence S 83°58'07” W. 2755.41 feet to the true location of the proposedwell; Well No. 5: NE¼ SE¼ Sec. 15, T. 8 S., R. 84 W. of the 6th P.M., more fully described asfollows: commencing at the witness Corner to the W1/4 Corner of Sec. 14, said Township andRange, a Forest Service aluminum cap in place (whence the True W¼ Corner of said Sec. 14 bears S.01°14'00” E. 14.52 feet), thence S 82°48'08” W. 2141.14 feet to the true location of the proposedwell; Well No. 6: NW¼ SE¼ Sec. 15, T. 8 S., R. 84 W. of the 6th P.M., more fully described asfollows: commencing at the witness Corner to the W¼ Corner of Sec. 14, said Township and Range,a Forest Service aluminum cap in place (whence the True W¼ Corner of said Sec. 14 bears S.01°14'00” E. 14.52 feet), thence S 84°09'56” W. 1851.83 feet to the true location of the proposedwell; Well No. 7: NW¼ SE¼ Sec.15, T. 8 S., R. 84 W. of the 6th P.M., more fully described asfollows: commencing at the witness Corner to the W¼ Corner of Sec. 14, said Township and Range,a Forest Service aluminum cap in place (whence the True W¼ Corner of said Sec. 14 bears S.01°14'00” E. 14.52 feet), thence S 71°57'41” W. 1800.50 feet to the true location of the proposedwell; Well No. 8: NW¼ SE¼ Sec. 15, T. 8 S., R. 84 W. of the 6th P.M., more fully described asfollows: commencing at the witness Corner to the W¼ Corner of Sec. 14, said Township and Range,a Forest Service aluminum cap in place (whence the True W¼ Corner of said Sec. 14 bears S.01°14'00” E. 14.52 feet), thence S 69°07'32” W. 1564.70 feet to the true location of the proposedwell; Well No. 11: NW¼ SW¼ Sec. 14, T. 8 S., R. 84 W. of the 6th P.M., more fully described asfollows: commencing at the witness Corner to the W¼ Corner of Sec. 14, said Township and Range,a Forest Service aluminum cap in place (whence the True W¼ Corner of said Sec. 14 bears S.01°14'00” E. 14.52 feet), thence S 33°05'29” E. 285.74 feet to the true location of the proposed well;Well No. 12: NW¼ SW¼ of Sec. 14, T. 8 S., R. 84 W. of the 6th P.M., more fully described asfollows: commencing at the witness Corner to the W¼ Corner of Sec. 14, said Township and Range,a Forest Service aluminum cap in place (whence the True W¼ Corner of said Sec. 14 bears S.01°14'00” E. 14.52 feet), thence S 35°26'46” E. 844.24 feet to the true location of the proposed well;Well No. 13: NE¼ SW¼ Sec. 14, T. 8 S., R. 84 W. of the 6th P.M., more fully described as follows:commencing at the witness Corner to the W¼ Corner of Sec. 14, said Township and Range, a ForestService aluminum cap in place (whence the True W¼ Corner of said Sec. 14 bears S. 01°14'00” E.14.52 feet), thence S 69°14'54” E. 2267.44 feet to the true location of the proposed well; Well No. 14:NE¼ SW¼ of Sec.14, T. 8 S., R. 84 W. of the 6th P.M., more fully described as follows:commencing at the witness Corner to the W¼ Corner of Sec. 14, said Township and Range, a ForestService aluminum cap in place (whence the True W¼ Corner of said Sec. 14 bears S. 01°14'00” E.14.52 feet), thence S 59°54'24” E. 2426.60 feet to the true location of the proposed well; Well No. 15:SE¼ SW¼ Sec. 14, T. 8 S., R. 84 W. of the 6th P.M., more fully described as follows: commencingat the witness Corner to the W¼ Corner of Sec. 14, said Township and Range, a Forest Servicealuminum cap in place (whence the True W¼ Corner of said Sec. 14 bears S. 01°14'00” E. 14.52feet), thence S 50°00'04” E. 2554.17 feet to the true location of the proposed well. Source (all wells):tributary to Frying Pan River. Approp. dates (all wells): 10/14/82. Amounts: 15 g.p.m., conditional(Well Nos. 2, 3, 4, 5, 6, 7, 8, 11, 12, 13 and 14), 30 g.p.m., conditional (Well No. 15). Uses:


domestic, commercial, recreational, livestock watering. Depths: all about 200 feet. Applicantsrequest that Well No. 7 be made absolute for 15 g.p.m. for domestic purposes, and that all otheramounts and uses for all structures be continued conditional. A detailed outline of work during thediligence period is included in the Application. (9 pages)

31. 99CW230 Garfield County; Stainton Pond #7, Stainton Pond #8, tributary to Four MileCreek, Roaring Fork River; Water District No. 38. APPLICATION FOR FINDING OFREASONABLE DILIGENCE, c/o Thomas L. Adkison, Hill, Edwards, Edwards and Adkison,L.L.C., 502 Main Street, Suite 201, Carbondale, Colorado 81623, (970) 963-3900. Name ofstructures: Stainton Pond #7, Stainton Pond #8. Previous decree: Date of Original Decree:October 14, 1993; Case Number: 92 CW 261; Court: District Court, Water Division 5. Location: Per decree, the dam of Stainton Pond #7 is located in the SW1/4 of the NE1/4 of Section 27, T 7 S, R89 W of the 6th P.M., Garfield County, at a point 1,320 feet south of the north line and 2,500 feetwest of the east line of Section 27. The dam of Stainton Pond #8 is located in Section 22, T 7 S, R 89W of the 6th P.M., Garfield County, at a point 3,960 feet south of the north line and 2,010 feet west ofthe east line of Section 22. Source: Stainton Pond #7, Lynch Ditch; Stainton Pond #8, Lignite #2Ditch, all tributary to Four Mile Creek, tributary to the Roaring Fork River. Appropriation Date: August 1, 1989. Amount: 95 acre-feet, conditional, for each pond. Use: Irrigation, livestock. Whathas been done toward completion of the appropriation: By the fall of 1995, Applicant completed apreliminary excavation of both ponds with its own labor and machinery. Applicant has filled StaintonPond #7 to approximately 12 acre-feet, and Stainton Pond #8 to approximately 4 acre-feet and usedthe stored water for its decreed purposes. Applicant has subsequently installed rip-rap and overflowculverts, using its own labor and machinery. Application contains a detailed outline of the work doneto put the water rights to beneficial use (3 pages).

32. 99CW231 PITKIN COUNTY - BRUSH CREEK, ROARING FORK RIVER. HermanC. Allmares; 731 35.3 Road; Palisade, CO 81526 (970)464-7686 and Robert L. Kopp; P.O. Box100; Aspen, CO 81612 (970)923-2048. Brush Creek Hydro - Application for Finding of ReasonableDiligence. Decreed: July 7, 1987, 87CW042. Location: point of diversion is at a point from thenorth quarter corner of Sec. 21, T. 9 S., R. 85 W., 6th PM bears North 8°12'30" West 601.7 feetthence North 15°39' West 145 feet. Appropriation: June 26, 1986. Amount: 20.0 cfs. Use: HydroElectric Power Generation. The Application contains a detailed outline of the work performed duringthe diligence period. (6 pages)


33. 99CW232 (93CW151) GARFIELD COUNTY - COLORADO RIVER. APPLICATIONFOR FINDING OF REASONABLE DILIGENCE. Applicant: Town of Silt, Colorado, c/o Glenn D.Chadwick, Beattie & Chadwick, 710 Cooper Avenue, Suite 200, Glenwood Springs, CO, 81601,(970)945-8659. Name of Structure: Silt Well No. 1. Original Decree 6/21/1979, W-3927, DistrictCourt, Water Div. 5. Location: same as Silt Pipeline, a point whence the NE Corner of Sec. 10, T. 6S., R. 92 W. of the 6th P.M. bears N. 17°54'32" E. 2471.20 feet. Source: Colorado River. Approp.Date: 7/5/1977. Amount: 0.352 cfs absolute, 0.033 cfs conditional, 0.385 cfs total. Uses: domestic,municipal, industrial and commercial purposes. Application includes detailed outline of activity duringdiligence period (4 pages).

34. 99CW233 Eagle County; West Lake Creek, Lake Creek, Eagle and Colorado Rivers.Pilgrim Downs Homeowners Association, c/o Leavenworth & Tester, P.C., P.O. Drawer 2030,Glenwood Springs, CO 81602. Application for Change of Water Right and Application forAmendment to Plan for Augmentation. Application for Change of Water Right. Decreed name ofstructure for which change is sought: Pilgrim Ranch Well No. S.Date entered: 11/1/1988 in Case No.87CW152 in the District Court for Water Div. No. 5. Decreed point of diversion: Llocated at a point700 feet from the S sec line and 860 feet from the W sect line, Sec. 18, T. 5 S., R. 82 W., 6th PM.Source: Groundwater tributary to West Lake Creek, tributary to Lake Creek and the Eagle andColorado Rivers. Appropriation date: 4/20/1987. Amount: 15 gpm, conditional. Historic use: Domestic use including lawn and garden irrigation, for a single-family residence and a guest houseand/or a caretaker unit. Proposed change: The Applicant proposes to change the decreed location ofthe Pilgrim Ranch Well No. S to its actual location. The actual location is approximately 360 feetfrom the decreed location as shown on the attached map. The actual location of Pilgrim Ranch WellNo. S is as follows: Pilgrim Ranch Well No. S is located at a point 802 feet from the W sec line and348 feet from the S sec line of Sec 18, T. 5 S., R. 82 W., 6th PM. Colorado Division of WaterResources Well Permit No. 052375-F has been issued for the decreed location of Well No. S. Uponapproval of this application, the Applicant will apply for a new permit at the changed location. Nameand address of owner of land on which structure is located: George and Donna Wiedemann, 125Brookside Drive, Greenwich, CT 06831. Remarks: Pilgrim Ranch Well No. S was intended and willcontinue to provide a domestic water supply for Lot 15 of the Pilgrim Ranch Subdivision pursuant tothe plan for augmentation decreed in Case No. 87CW152. Application for Amendment of Plan forAugmentation. On November 1, 1988, the District Court in and for Water Division No. 5, State ofColorado, entered a Decree in Case No. 87CW152, which, inter alia, decreed a water right for thePilgrim Ranch Well No. S for 15 g.p.m. The Decree also decreed a plan for augmentation to providea legal water supply for development within the Pilgrim Downs Subdivision, Eagle County, Colorado.The Applicant proposes to amend the plan for augmentation to provide that water from the PilgrimRanch Well No. S will be diverted at the new location as described in the First Claim, above. Thewater diversion requirements, consumptive use and depletions for the Pilgrim Ranch Well No. S willnot be increased by this application. Name and address of owner of land on which structure arelocated: George and Donna Wiedemann, 125 Brookside Drive, Greenwich, CT 06831. Remarks:Pilgrim Ranch Well No. S was intended and will continue to provide a domestic water supply for Lot15 of the Pilgrim Ranch Subdivision pursuant to the plan for augmentation decreed in Case No.


87CW152. (5 pages)

35. 99CW234 Eagle County; Squaw Creek, Eagle River, Colorado River. Ann Berman, c/oLeavenworth & Tester, P.C., P.O. Drawer 2030, Glenwood Springs, CO 81602. Application forChange of Water Right and Application for Amendment to Plan for Augmentation. Application forChange of Water Right. Decreed name of structure for which change is sought: Colorow Well No.18. Date entered: 5/29/ in Case No. 86CW182 in the District Court, Water Div. No. 5. Decreed pointof diversion: Colorow Well No. 18 is located in the NE 1/4 NE 1/4, Sec. 24, T. 5 S., R. 83 W., 6thPM at a point 1100 feet S. of the N. sec. line and 1350 feet W. of the E. sec. line of Sec. 24. Source:Groundwater from bedrock aquifers hydraulically connected to Squaw Creek tributary to the EagleRiver tributary to the Colorado River. Appropriation date: 5/21/1984. Amount: 15 gpm conditional.Historic use: Irrigation of lawns and gardens, domestic use and fire protection purposes. Proposedchange: The Applicant proposes to change the decreed location of the Colorow Well No. 18 to itsactual location. The actual location is approximately 1,069 feet from the decreed location. The actuallocation of Colorow Well No. 18 is as follows: Located in the NE 1/4 NE 1/4 of Sec. 24, T. 5 S., R.83 W., 6th PM, at a point 918 feet S. of the N. sec. line and 290 W. of the E. sec. line of Sec. 24.Colorado Division of Water Resources Well Permit No. 052373-F has been issued for the decreedlocation of Well 18. Upon approval of this application, the Applicant will apply for a new permit atthe changed location. Name and address of owner of land on which structure is located: Applicant.Remarks: The well was intended and will continue to provide a domestic water supply for this Lot11B, Colorow at Squaw Creek, pursuant to the plan for augmentation decreed in Case No.86CW182. Pursuant to the requirements of C.R.S. 37-90-137(II)(B), a copy of this Application wassent 10 prior to the filing of this Application to the owners of wells that may be within 600 feet of thechanged location of Colorow Well No. 18. Application for Amendment of Plan for Augmentation. On5/29/1987 the District Court, Water Div. No. 5, entered a Decree in Case No. 86CW182, which,inter alia, decreed a water right for the Colorow Well No. 18 for 15 gpm. The Decree also decreed aplan for augmentation to provide a legal water supply for development within the Colorow at SquawCreek Subdivision, Eagle County, Colorado. The Applicant proposes to amend the plan foraugmentation to provide that water from the Colorow Well No. 18 will be diverted at the newlocation as described above. The water diversion requirements, consumptive use and depletions forthe Colorow Well No. 18 will not be increased by this application. Name and address of owner ofland on which structures are located: Applicant. Remarks: See above. (5 pages)

36. 99CW235 PITKIN COUNTY - TRIBUTARY TO ALLUVIUM OF MAROONCREEK, TRIBUTARY TO MAROON CREEK, TRIBUTARY TO ROARING FORK. Joseph T. Zolinec/o Patrick & Stowell, P.C., 730 East Durant Ave., Suite 200, Aspen, CO 81611, (970) 920-10281. Name of structure:Zoline Buttermilk Well. Description of conditional water rights: Date oforiginal Decree: March 30, 1987. Case No. 86CW061, Water Division No. 5. Location: Southquarter corner of Section 2, T. 10 S., R. 85 W. of the 6th P.M. bears S. 02E 42' 52" West 100 feet.Source: Water tributary to alluvium of Maroon Creek, tributary to Maroon Creek, tributary toRoaring Fork River. Appropriation date: March 5, 1986. Amount: 0.033 cfs. Decreed Uses:


Domestic, stockwatering, fire protection, and the irrigation of up to one. Detailed outline of workperformed toward completion of the appropriation and application of water to the conditional usesdecreed during the relevant diligence period, including expenditures: During the diligence periodconsiderable sums were expended and work performed relating to the development of a domesticwater supply and treatment system. On completion with this work, Applicant worked with PearceEquities Group II, its consultants Wright Water Engineers, Inc., and Applicants own consultantsResource Engineering, Inc. and Patrick & Stowell, P.C. Additionally, Applicant engaged in planningfor a development on the subject property engaging the services of surveyors, land planners andattorneys during the diligence period in order to develop a submittal under the Pitkin County 2nd LandUse Code. Applicant has explored the use of the water rights under lot split land use developmentproposal and in such endeavor employed the service of Herbert S. Klein, Esq., land use attorney,toinvestigate and process land use matters. If claim to make absolute, date, use and amount of waterapplied to beneficial use: Date: n/a. Use: n/a. Amount: n/a. Previous Diligence Proceeding: CaseNo. 93CW073, October 12, 1993. Remarks: None. (3 pages)

37. 99CW236 MESA COUNTY, COLORADO RIVER. Application for Hexennial Findingof Reasonable Diligence. Fruita Land Company, LLC, c/o Scott Miller, Esq., Patrick & Stowell,P.C., 730 East Durant Ave., Suite 200, Aspen, CO 81611, (970) 920-1028. Name of structure:Fletcher Diversion. Description of conditional water right: Date of original Decree: July 31, 1975,Case No. W-2633 (see also diligence filings in Case Nos. 79CW4, 83CW46, 87CW112 and93CW86), Water Division No. 5. Location: The point of diversion is located at a point N.00°56'56"W. 600 feet from the East Quarter Corner of Section 29,T.1N., R. 2W., Ute Meridian. (MesaCounty). Source: Colorado River. Appropriation date: June 1, 1973. Amount: 6.0 cfs. Use:Municipal, industrial, residential, commercial, recreation, fire protection, watering of animals, lawn,shrub and garden irrigation. Detailed outline of work performed toward completion of theappropriation and application of water to the conditional uses decreed during the relevant diligenceperiod, including expenditures: The subject water right serves and is contemplated to serve propertyin Mesa County conferred with a P.U.D. approval for “West Monument Estates”. The subject waterright is a critical component in the development project. Expenditures have been made to update andmaintain the P.U.D. plat and approval. Filing 1 under the project has been completed. Furtherinformation regarding efforts during the relevant diligence period is contained within the application.(3 pages)

38. 99CW237 PITKIN COUNTY - ALLUVIUM TO CASTLE CREEK, TRIBUTARYTO ROARING FORK RIVER, APPLICATION FOR UNDERGROUND WATER RIGHTS. James F. Smith and Judy K. Hyde, c/o Patrick & Stowell, P.C., 730 East Durant Ave., Suite 200,Aspen, CO 81611, (970) 920-1028. Name of structure: Smith/Hyde Well No. 1. Legal descriptionof point of diversion: The Smith/Hyde Well No. 1 is situate in the NE¼NE¼ of Section 23, Township10 South, Range 85 West of the 6th P.M. in Pitkin County at a point 50 feet South of the NorthSection line and 1,100 feet West of the East Section line of said Section 10. Source: Alluvium toCastle Creek, tributary to the Roaring Fork River. Date of Appropriation: June 22, 1999. Howappropriation was initiated: Field inspection, formulation of intent to apply water to beneficial use.


Amount claimed: 0.067cfs, 30 gpm, conditional. Proposed uses: Domestic, fire protection, irrigation.Legal description and acreage of land to be irrigated: The Smith-Hyde property is located in PitkinCounty, 1.5 miles south of Aspen, Colorado as shown on Exhibit “1" attached hereto, andencompasses 4.32 acres on the left descending bank of Castle Creek in the NE¼NE¼ of Section 23,Township 10 South, Range 85 West of the 6th P.M. Approximately 1.47 acres of this property willbe irrigated. Pursuant to C.R.S., 37-92-302(2), and 37-90-137, Applicant has provided notice to allowners of record of all wells within six hundred (600) feet of the proposed well ten (10) days prior tothe filing of this Application. The name and address of the land owner upon which the point ofdiversion is located is Judy Hyde; the name and address of the owner of the land upon which theplace of use of the water is or will be is: Judy Hyde. Remarks: This well is to be used pursuant to aplan for augmentation which was filed concurrently with this Application. (3 pages)

39. 99CW238 PITKIN COUNTY - SEEPS AND SPRINGS COLLECTED FOR BERLINPOND, ADJACENT TO CASTLE CREEK, TRIBUTARY TO ROARING FORK RIVER. APPLICATION FOR STORAGE WATER RIGHT. James F. Smith and Judy K. Hyde, c/oPatrick & Stowell, P.C., 730 East Durant Ave., Suite 200, Aspen, CO 81611, (970) 920-1028. Name of structure: Berlin Pond. Legal description of point of diversion: The Berlin Pond is situatein the NE¼NE¼ of Section 23, Township 10 South, Range 85 West of the 6th P.M. in Pitkin Countyat a point 50 feet South of the North Section line and 975 feet West of the East Section line of saidSection 10. Source: Seeps and springs collected for the Berlin Pond, adjacent to Castle Creek,tributary to the Roaring Fork River.Date of Appropriation: June 22, 1999. How appropriation was initiated: Field inspection, formulationof intent to apply water to beneficial use. Amount claimed: 2.0 acre-feet. Proposed uses:Augmentation and exchange of domestic, recreation, irrigation and fire protection demands.Legal description and acreage of land to be irrigated: The Smith-Hyde property is located in PitkinCounty, 1.5 miles south of Aspen, Colorado as shown on Exhibit “1" attached hereto, andencompasses 4.32 acres on the left descending bank of Castle Creek in the NE¼NE¼ of Section 23,Township 10 South, Range 85 West of the 6th P.M. Approximately 1.47 acres of this property willbe irrigated. The name and address of the land owner upon which the point of diversion is located isJudy Hyde; the name and address of the owner of the land upon which the place of use of the water isor will be is: Judy Hyde. Remarks: The Berlin Pond was originally decreed for irrigation, aestheticand piscatorial use in Case No. 89CW313 for 2.00 acre-feet of water. The Berlin Pond is to be usedas an augmentation source for domestic and irrigation use, pursuant to a plan for augmentation whichwas filed concurrently with this Application. The Berlin Pond is also used for recreation purposes. (3pages)

40. 99CW239 PITKIN COUNTY - REUDI RESERVOIR FOR BENEFIT OF BASALTWATER CONSERVANCY DISTRICT and CASTLE CREEK, TRIBUTARY TOROARING FORK RIVER. APPLICATION FOR APPROVAL OF PLAN FORAUGMENTATION. James F. Smith and Judy K. Hyde, c/o Patrick & Stowell, P.C., 730 EastDurant Ave., Suite 200, Aspen, CO 81611, (970) 920-1028. Name of structures to be augmented: Smith/Hyde Well No. 1, as applied for even date herewith and Berlin Pond, as applied for even date


herewith, and as previously decreed in Case No. 89CW313. Description of water rights to be usedfor augmentation: Applicants have applied for an Allotment Contract from the Basalt WaterConservancy District, which will be the main source of augmentation water in this plan. The BasaltWater Conservancy District Allotment Contract will be for 2.92 acre-feet of water in storage in RuediReservoir for the benefit of the Basalt Water Conservancy District. Ruedi Reservoir, a component ofthe Fryingpan-Arkansas Project was originally decreed in C.A. No. 4613, Garfield County DistrictCourt, 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 af. Ruedi Reservoiris a component of the Fryingpan-Arkansas Project, originally authorized for construction by the Actof August 16, 1962 (76 Stat. 389) as amended by the Act of October 27, 1974 (88 Stat. 1486) and theAct of November 3, 1978 (92 Stat. 2492), in substantial accordance with House Doc. No. 187 83rd

Cong., 1st Sess., as modified by House Doc. 353, 86th Cong., 2nd Sess., and is subject to theOperating Principles for the Fryingpan-Arkansas project as set forth in House Doc 130, 87th Cong.,1st Sess. The federal reservoir is operated by the U.S. Bureau of Reclamation which has contractedfor an allotment of water to the Basalt Water Conservancy District. Applicants own and have soughtconfirmation of a water right for 2.0 acre-feet, conditional, for the Berlin Pond, for augmentation andexchange purposes filed even date herewith. The outlet for the Berlin Pond is located on theApplicants’ property in the NE¼NE¼ , Section 23, T10S, R85W, 6th P.M., in Pitkin County at apoint 50 feet South of the North Section line and 975 feet West of the East Section line of saidSection 23. The Berlin Pond is filled by seeps and springs adjacent to and under the pond which aretributary to Castle Creek, a tributary of the Roaring Fork River. Statement of Plan for Augmentationpursuant to C.R.S. 37-92-103(9), 302(1), and 305(8): Judy K. Hyde is the owner of Lot 1, CastleCreek Ranch Subdivision, also known as 1652 Castle Creek Road, Aspen, CO 81611, through whichCastle Creek, tributary to the Roaring Fork River, traverses. This application is primarily designed toprovide a year around legal water supply for a new well, to be used for domestic and irrigationpurposes. Accordingly, by this application, Applicants seek to augment out-of-priority diversionsfrom the Smith/Hyde Well No. 1. Additionally, at times when there is no call on the Berlin Pondoriginating by a water right upstream of the Frying Pan and Roaring Fork Rivers confluence, this planwill provide for the augmentation of evaporative loss from the Berlin Pond. Notice pursuant toC.R.S. 37-90-137(2)(b)(II)(B) has been provided to all property owners who have a well within 600feet of the Smith/Hyde Well No. 1 location. The Berlin Pond is approximately 0.33 acres in surfacearea and the annual evaporation has been computed as 0.71 acre-feet as shown in Table 1 below,which is shown solely to demonstrate capacity for augmentation after evaporation. Evaporativelosses will be augmented under the Plan for Augmentation only during periods when Ruedi Reservoiris able to be used as the augmentation source (when no administrative curtailment is in effect by awater right calling at a location upstream of the confluence of the Frying Pan and Roaring ForkRivers). The estimated diversions, consumptive use and augmentation requirements are set forth inthe Application. The Applicants’ Basalt Water Conservancy District contract will provideaugmentation water for all senior calls downstream of the confluence of the Roaring Fork and FryingPan Rivers. To the extent senior calls are made on Castle Creek or the Roaring Fork River upstreamof the Roaring Fork and Frying Pan Rivers confluence; the Berlin Pond will then be used to augmentdomestic use and junior irrigation use up to the 2.0 acre feet by a pipeline to be installed at the ponds


outlet. Application provides information for calculating the net irrigation requirements. (9 pages)

41. 99CW240 PITKIN COUNTY - ROARING FORK RIVER. DISTRICT COURT,WATER DIVISION NO. 5, COLORADO. APPLICATION FOR STORAGE WATERRIGHTS, SURFACE WATER RIGHT, CHANGE OF WATER RIGHT, AND APPROVALOF PLAN FOR AUGMENTATION, INCLUDING APPROPRIATIVE EXCHANGE. Horseback Inc., and Roaring River Ranch LLC, c/o Patrick & Stowell, P.C., Scott C. Miller, Esq.,730 East Durant Ave., Suite 200, Aspen, CO 81611, (970) 920-1028. CLAIM ONEAPPLICATION FOR STORAGE WATER RIGHTS. Names of Structures: Kinder Pond No. 1;Kinder Pond No. 2; and Kinder Pond No. 3. Legal description of reservoirs: Kinder Pond No. 1 -The center of the dam is located in the NE¼ of the SE ¼ of Section 6, Township 9 South, Range 85West of the 6th P.M., at a point 230 feet from east section line and 1,390 feet from south section line. Kinder Pond No. 2 - The center of the dam is located in the NE¼ of the SE¼ of Section 6, Township9 south, Range 85 West of the 6th P.M., at a point 115 feet from east section line and 1,480 feet fromsouth section line. Kinder Pond No. 3 - The center of the dam is located in the NE¼ of the SE¼ ofSection 6, Township 9 South, Range 85 West of the 6th P.M., at a point 140 feet from east sectionline and 1,490 feet from south section line. Source for all reservoirs: Roaring Fork River viadiversions through the Kinder Pump and Pipeline. Date of Appropriation for all reservoirs: June 15,1996. Date water applied to beneficial use for all reservoirs: June 15, 1996. How appropriationswere initiated: Construction of ponds and application of water to beneficial use. Amounts claimed:0.030 acre feet, absolute, for Kinder Pond No. 1; 0.014 acre-feet, absolute, for Kinder Pond No. 2;0.014 acre-feet, absolute, for Kinder Pond No. 3. Uses for all reservoirs: Aesthetic, piscatorial, fireprotection; Additional use for Kinder Pond No. 1: Re-circulating waterfall; Additional use for KinderPond No. 2: Stream feature. Maximum heights of all dams: less than 10 feet. Total capacities ofreservoirs: 0.03 acre-feet, active, for Kinder Pond No. 1 (including waterfall feature); 0.014 acre-feet,active, for Kinder Pond No. 2 (including stream feature); 0.014 acre-feet, active, for Kinder pond No.3. Surface acreage: 0.014 acres, including waterfall, for Kinder Pond No. 1, 0.019 acres, includingstream feature, for Kinder Pond No. 2; 0.007 acres for Kinder Pond No. 3. Name and capacity ofditch leading to all reservoirs: Kinder Pump and Pipeline (0.27 cfs). Rate of diversion for fillingindividual reservoirs: 0.27 c.f.s. The name and address of the owner of the land upon which thepoints of diversion are located is: Roaring River Ranch LLC; the name and address of the owner ofland upon which the place of use of the water is: Roaring River Ranch LLC. CLAIM TWOAPPLICATION FOR SURFACE WATER RIGHT. Name of Structure: Kinder Pump & Pipeline. Legal Description: The point-of-diversion for the Kinder Pump and Pipeline is located on the southand west bank of the Roaring Fork River in the NE¼ of the SW¼ of Section 5, Township 9 South,Range 85 West of the 6th P.M., at a point 40 feet from west section line and 1,575 feet from southsection line. Source: Roaring Fork River. Appropriation Date: June 15, 1996. Date water applied tobeneficial use: June 15, 1996. How appropriation was initiated: Construction of pump and pipelineand application of water to beneficial use. Amount of water claimed: 0.27 c.f.s., absolute. Use: Tofill Kinder Pond No. 1 (including recirculating waterfall), Kinder Pond No. 2 (including streamfeature) and Kinder Pond No. 3, and for irrigation of 0.5 acres of land contained in the SE 1/4 ofSection 6, Township 9 South, Range 85 West of the 6th P.M. Property Owners: Roaring River Ranch


LLC. CLAIM THREE CHANGE OF WATER RIGHT – ALTERNATE POINT OF DIVERSION. Name of structure: Pine Grove Pipeline. Information from original Decree: Date entered: February27, 1996 , Case No. 94CW380, Water Division No. 5. Point of diversion: The Pine Grove Pipelineis located on the left bank of the Roaring Fork River, whence the SE corner of Section 6, Township 9South, Range 85 West of the 6th P.M. bears South 17° 30' East, a distance of 1, 750 feet (PitkinCounty). Source: Roaring Fork River. Amount: 0.728 c.f.s. (Applicant Roaring River Ranch LLCowns 0.5824 cfs of this amount). Use: Irrigation, stockwatering, piscatorial, recreational purposes,and delivery of water into storage in the Pine Grove Pond System.Proposed change: Applicant Roaring River Ranch LLC, seeks to change 0.27 c.f.s. of its 0.5824 c.f.s.ownership interest in the Pine Grove Pipeline water right to an alternate point of diversion at theKinder Pump and Pipeline with a point of diversion as follows: Located on the south and west bankof the Roaring Fork River in the NE¼ of the SW¼ of Section 5, Township 9 South , Range 85 Westof the 6th P.M., at a point 40 feet from west section line and 1,575 feet from south section line.Applicant Roaring River Ranch LLC may continue to divert its interest in the Pine Creek Pipeline atits original decreed point of diversion, or the alternate point of diversion at the Kinder Pump andPipeline. Thus, the change requested herein establishes an alternate point of diversion for 0.27 c.f.s.of the Pine Grove Pipeline. At the alternate point of diversion, Applicant seeks to add the use ofdelivery of water into storage in the Kinder Ponds 1, 2 and 3.The name and address of the owner ofthe land upon which the alternate point of diversion is located is: Roaring River Ranch LLC; thename and address of the owner of the land upon which the place of use of the water is: Roaring RiverRanch LLC. CLAIM FOUR PLAN FOR AUGMENTATION AND EXCHANGE. Name ofstructures to be augmented: Kinder Pump and Pipeline. Kinder Pond No. 1. Kinder Pond No. 2.Kinder Pond No. 3.Description of water rights to be used for augmentation: Applicants have anAllotment Contract from the Basalt Water Conservancy District which permits Applicants to use upto 12.8 acre feet of water in storage in Ruedi Reservoir for the benefit of the Basalt WaterConservancy District. Ruedi Reservoir is a component of the Fryingpan-Arkansas Project and wasoriginally decreed in C.A. 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 forthis Reservoir was reduced to 102,369 af. Ruedi Reservoir is a component of the Fryingpan-Arkansas Project, originally authorized for construction by the Act of August 16, 1962 (76 Stat. 389)as amended by the Act of October 27, 1974 (88 Stat. 1486) and the Act of November 3 1978 (92Stat. 2492), in substantial accordance with House Doc. No. 187 83rd Cong., 1st Sess., as modified byHouse Doc. 353, 86th Cong, 2nd Sess., and is subject to the Operating Principles for the Fryingpan-Arkansas project as set forth in House Doc 130, 87th Cong., 1st Sess. The federal reservoir isoperated by the U.S. Bureau of Reclamation which has contracted for an allotment of water to theBasalt Water Conservancy District. Statement of Plan for Augmentation pursuant to C.R.S. 37-92-103(9), 302(1), and 305(8): The structures to be augmented by this plan are located and utilized uponLot 2 and Parcel B of the Aspen Village River Homes Subdivision. In Case No. 94CW381, WaterDivision No. 5, Applicants previously obtained approval of a plan for augmentation which coveredevaporative loss associated with a 1.4 surface acre pond (Pine Grove Pond) and consumptivedepletions associated with 0.5 acres of new irrigation, among other depletions. The Pine GrovePond, as constructed, equals 1.31 acre feet of surface area. Thus, there is evaporative loss associated


with 0.09 acres of pond surface area augmented by Case No. 94CW381, but not utilized. Applicantsherein seek to dedicate this unused portion of the augmentation water (BWCD Allotment Contract) tocover evaporative loss depletions associated with 0.04 acres of surface area of the Kinder Pond No. 1(including the re-circulating waterfall feature), Kinder Pond No. 2 (including the stream feature) andKinder Pond No. 3.. The total surface acreage covered under Case No. 94CW381 and thisaugmentation plan will not exceed 1.4 acres. The assumptions for evaporative loss from the KinderPonds are the same as for the Pine Grove Pond. Thus, this plan seeks to identify and confirm theKinder Pond No. 1, Kinder Pond No. 2 and Kinder Pond No. 3 water rights and structures asstructures to be augmented under Column 1 of Table 1 from Case No. 94CW381. Case No.94CW381 identified and augmented 0.5 acres of “new irrigation” on the River Homes Subdivisionproperty from the Pine Grove Pipeline. Applicants herein seek to designate and confirm the KinderPump & Pipeline, as changed to an alternate point of diversion for the Pine Grove Pipeline, as theaugmented structure serving the 0.5 acres of irrigation, identified in Column 3 of Table 1 in Case No.94CW381. Except as specifically provided for herein, Case No. 94CW381 is not otherwise modifiedor changed by this application. Appropriative Right of Substitution and Exchange: Affected streamreach: The reach between the point of diversion for the Kinder Pump and Pipeline and the confluenceof the Fryingpan and Roaring Fork Rivers. Date of appropriation: June 15, 1996. (8 pages) 42. 99CW241 (93CW128) GARFIELD COUNTY - COLORADO RIVER. Jeff Craw;2515 County Road 210; Rifle, CO 81650 970-625-3112. George Pond - Application for Finding ofReasonable Diligence. Decreed: July 8, 1980, 82CW068. Location: NE1/4SE1/4 Sec. 1, T. 6 S.,R. 93 W., 6th P.M. at a point whence the east quarter corner of Sec. 1 bears North 51°50'05" East1,111.41 feet. Appropriation: July 8, 1980. Amount: 16.0 a.f., conditional. Use: irrigation,livestock, fire protection and recreation. The Application contains a detailed outline of the workperformed during the diligence period. (3 pages)

43. 99CW242 EAGLE COUNTY. APPLICATION FOR WATER RIGHTS (SURFACE).Kummer Development Corp., c/o Arthur B. Ferguson, Jr., Holland & Hart LLP, 600 E. Main St., Ste.104, Aspen, CO 81611, 970-925-3476. First Water Right: Matheny Tabor Golf CourseEnlargement Ditch; Legal description of point of diversion: SE¼NE¼ of Sec. 12, T.6S., R.84W.6th

P.M., 2500 ft. from the North section line, 1000 ft. from the East section line. Source: Brush Creek,tributary to Eagle River; Date of initiation of appropriation: Mar. 26, 1999; Applicant developed theintent to divert the water in a meeting followed by an on-site inspection, evaluation and posting of thepoint of diversion with intent to appropriate and apply the water to beneficial use; Amount claimed:6.5 cfs conditional; Proposed use: irrigation, fish and wildlife propagation, wetlands, recreation, dustsuppression, fire protection, and augmentation and exchange. This source will also be used to fill andmaintain Golf Course Ponds A, B, E, F, and G within the Adam’s Rib PUD development in EagleCounty. The requested use for irrigation purposes will involve supplemental supply to approximately540 acres of lawn and golf course; Number of acres proposed to be irrigated: 540 acres; Landslocated in Secs. 25, 26, 35 and 36, T.5S., R.84W.6th P.M.; Additional uses include those set forthabove in connection with the construction, development, operation and maintenance of a residential,recreational, and golf course community; Applicant owns the land at the place of use. Owner of landwhere point of diversion is located: J.H. Jackson Land Co., 010107 Brush Creek Rd., Eagle, CO


81631. Second Water Right: Schlutter Golf Course Enlargement Ditch; Legal description of pointof diversion: SW¼NW¼ of Sec. 36, T.5S., R.84W.6th P.M., 2100 ft. from the North section line,1050 ft. from the West section line; Source: Brush Creek, tributary to Eagle River; Date of initiationof appropriation: Mar. 26, 1999; Applicant developed the intent to divert the water in a meetingfollowed by an on-site inspection, evaluation and posting of the point of diversion with intent toappropriate and apply the water to beneficial use; Amount claimed: 6.5 cfs conditional; Proposed use:irrigation, fish and wildlife propagation, wetlands, recreation, dust suppression, fire protection andaugmentation and exchange; This source will also be used to fill and maintain Golf Course Pond A,C, D, and G within the Adam’s Rib PUD development in Eagle County; The requested use forirrigation purposes will involve supplemental supply to approximately 540 acres of lawn and golfcourse; Proposed to be irrigated: 540 acres; Legal description of acreage: Lands located in Secs. 25,26, 35 and 36, T.5S., R.84W.6th P.M.; Additional uses include those set forth above in connectionwith the construction, development, operation and maintenance of a residential, recreational, and golfcourse community; Owner of land on which points of diversion and place of use is located: Applicant. Third Water Right: Upper Frost Golf Course Enlargement Ditch; Legal description ofpoint of diversion: NW¼NW¼ of Sec. 36, T.5S., R.84W.6th P.M., 1000 ft. from the North sectionline, 1250 ft. from the West section line; Source: Brush Creek, tributary to Eagle River; Date ofinitiation of appropriation: Mar. 26, 1999; Applicant developed the intent to divert the water in ameeting followed by an on-site inspection, evaluation and posting of the point of diversion with intentto appropriate and apply the water to beneficial use; Amount claimed: 6.5 cfs conditional; Proposeduse: irrigation, fish and wildlife propagation, wetlands, recreation, dust suppression, fire protectionand augmentation and exchange. This source will also be used to fill and maintain Golf CoursePonds A, C, and G within the Adam’s Rib PUD development in Eagle County. The requested usefor irrigation purposes will involve supplemental supply to approximately 540 acres of lawn and golfcourse; Proposed to be irrigated: 540 acres; Legal description of acreage: Lands located inSections 25, 26, 35 and 36, T.5S., R.84W.6th P.M.; Additional uses include those set forth above inconnection with the construction, development, operation and maintenance of a residential,recreational, and golf course community; Owner of land on which points of diversion and place of useis located: Applicant. Fourth Water Right: Frost Golf Course Enlargement Ditch: Legal descriptionof point of diversion: NE¼SW¼ of Sec. 25, T.5S., R.84W.6th P.M., 3500 ft. from the North sectionline, 1600 ft. from the West section line; Source: Brush Creek, tributary to Eagle River; Date ofinitiation of appropriation: Mar. 26, 1999; Applicant developed the intent to divert the water in ameeting followed by an on-site inspection, evaluation and posting of the point of diversion with intentto appropriate and apply the water to beneficial use; Amount claimed: 2.0 cfs conditional; Use orproposed use: irrigation, fish and wildlife propagation, wetlands, recreation, dust suppression, fireprotection, augmentation and exchange. This source will also be used to fill and maintain Golf CoursePond G within the Adam’s Rib PUD development in Eagle County. The requested use for irrigationpurposes will involve supplemental supply to approximately 80 acres of lawn and golf course;Proposed to be irrigated: 80 acres; Legal description of acreage: Lands located in Sec. 25, T.5S.,R.84W.6th P.M.; Additional uses include those set forth above in connection with the construction,development, operation and maintenance of a residential, recreational, and golf course community;Owner of land on which points of diversion and place of use is located: Applicant. Fifth Water


Right: Frost Creek Golf Course Enlargement Ditch: Legal description of each point of diversion:NW¼NE¼ of Sec. 35, T.5S., R.84W. 6th P.M., 950 ft. from the North section line, 1600 ft. from theEast section line; Source: Brush Creek, tributary to Eagle River; Date of initiation of appropriation:Mar. 26, 1999; Applicant developed the intent to divert the water in a meeting followed by an on-siteinspection, evaluation and posting of the point of diversion with intent to appropriate and apply thewater to beneficial use; Amount claimed: 2.5 cfs conditional; Use or proposed use: irrigation, fish andwildlife propagation, wetlands, recreation, dust suppression, fire protection and augmentation andexchange. This source will also be used to fill and maintain Golf Course Pond A, B, and G within theAdam’s Rib PUD development in Eagle County. The requested use for irrigation purposes willinvolve supplemental supply to approximately 270 acres of lawn and golf course; Proposed to beirrigated: 270 acres; Legal description of acreage: Lands located in Secs. 25, 26, 35 and 36, T.5S.,R.84W.6th P.M.; Additional uses include those set forth above in connection with the construction,development, operation and maintenance of a residential, recreational, and golf course community;Owner of land on which points of diversion and place of use is located: Applicant.(8 pages)

44. 99CW243 EAGLE COUNTY. Kummer Development Corporation, c/o Arthur B. Ferguson,Jr., Holland & Hart LLP, 600 E. Main St., Ste. 104, Aspen, CO 81611, 970-925-3476;APPLICATION FOR WATER STORAGE RIGHTS AND PLAN FOR AUGMENTATION ANDEXCHANGE - APPLICATION FOR WATER STORAGE RIGHTS: FIRST WATER RIGHT:Golf Course Pond A: Location of Dam: NW¼SW¼ Sec. 25, T.5S., R.84W. 6th P.M., 2750 ft. fromthe North section line, 900 ft. from the West section line; Ditches used to fill reservoir: MathenyTabor Golf Course Enlargement Ditch (6.5 cfs; SE¼NE¼ of Sec. 12, T.6S., R.84W. 6th P.M. 2500 ft.from the North section line, 1000 ft. from the East section line); Upper Frost Golf CourseEnlargement Ditch (6.5 cfs; NW¼NW¼ of Sec. 36, T.5S., R.84W. 6th P.M. 1000 ft. from the Northsection line, 1250 ft. from the West section line); Schlutter Golf Course Enlargement Ditch (6.5 cfs;SW¼NW¼ of Sec. 36, T.5S., R.84W. 6th P.M. 2100 ft. from the North section line, 1050 ft. from theWest section line); and Frost Creek Golf Course Enlargement Ditch (2.5 cfs; NW¼NE¼ of Sec. 35,T.5S., R.84W. 6th P.M. 950 ft. from the North section line, 1600 ft. from the East section line);Source: Brush Creek, tributary to Eagle River and Frost Creek, tributary to Brush Creek, tributary toEagle River; Date of appropriation: Mar. 26, 1999 by a conference and subsequent field investigationto confirm feasibility of the location for the pond and posting notice at the site; Amount claimed: 8.4af conditional; rate of diversion for filling: 6.5 cfs; Use: Domestic, municipal, commercial, irrigation,recreation, fish and wildlife propagation, wetlands, fire protection, augmentation and exchangepurposes, and other beneficial uses; Total number of acres proposed to be irrigated: 540; Legaldescription of acreage to be irrigated: Lands located in Secs. 25, 26, 35, and 36, T.5S., R.84W. 6th

P.M.; Purpose: To be used for all uses and purposes described above as are necessary and attendantto the water needs for the operation and maintenance of the development and operation of a yearround recreation and residential project including a golf course and other recreational facilities;Surface area of high water line: 1.1 acres; Maximum height of dam: less than 10 ft.; Length of dam:700 ft.; Total capacity of reservoir: 8.4 af; Active capacity: 8.4 af; Dead capacity: 0 af; Land owner:Applicant. SECOND WATER RIGHT: Golf Course Pond B: Location of Dam: NE¼SE¼ Sec. 26,T.5S., R.84W. 6th P.M. 3700 ft. from the North section line, 1200 ft. from the East section line;


Ditches used to fill reservoir: Matheny Tabor Golf Course Enlargement Ditch (6.5 cfs; SE¼NE¼ ofSec. 12, T.6S., R.84W. 6th P.M. 2500 ft. from the North section line, 1000 ft. from the East sectionline) and Frost Creek Golf Course Enlargement Ditch (2.5 cfs; NW¼NE¼ of Sec. 35, T.5S., R.84W.6th P.M. 950 ft. from the North section line, 1600 ft. from the East section line); Source: Frost Creek,tributary to Brush Creek, tributary to Eagle River and Brush Creek, tributary to Eagle River; Date ofAppropriation: Mar. 26, 1999; Appropriation initiated by formulation of intent in a conference andsubsequent field investigation to confirm feasibility of the location for the pond and posting notice atthe site; Amount claimed: 13.2 af; rate of diversion for filling: 6.5 cfs; Use: Domestic, municipal,commercial, irrigation, recreation, fish and wildlife propagation, wetlands, fire protection,augmentation and exchange purposes, and other beneficial uses; Number of acres proposed to beirrigated: 540; Legal description of acreage to be irrigated: Lands located in Secs. 25, 26, 35, and 36,T.5S., R.84W. 6th P.M.; To be used for all uses and purposes described above as are necessary andattendant to the water needs for the operation and maintenance of the development and operation of ayear round recreation and residential project including a golf course and other recreational facilities;Surface area of high water line: 1.7 acres; Maximum height of dam: less than 10 ft.; Length of dam:900 ft.; Total capacity of reservoir: 13.2 af; Active capacity: 13.2 af; Dead capacity: 0 af; Landowner: Applicant. THIRD WATER RIGHT: Golf Course Pond C: Location of Dam: NW¼NW¼Sec. 36, T.5S., R.84W. 6th P.M. 400 ft. from the North section line, 850 ft. from the West sectionline; Ditches used to fill reservoir: Upper Frost Golf Course Enlargement Ditch (6.5 cfs; NW¼NW¼of Sec. 35, T.5S., R.84W. 6th P.M. 1000 ft. from the North section line, 1250 ft. from the Westsection line) and Schlutter Golf Course Enlargement Ditch (6.5 cfs; SW¼NW¼ of Sec. 36, T.5S.,R.84W. 6th P.M. 2100 ft. from the North section line, 1050 ft. from the West section line); Source:Brush Creek, tributary to Eagle River; Date of appropriation: Mar. 26, 1999; Appropriation initiatedby formulation of intent in a conference and subsequent field investigation to confirm feasibility of thelocation for the pond and posting notice at the site; Amount claimed: 10.9 af; rate of diversion forfilling: 6.5 cfs; Use: Domestic, municipal, commercial, irrigation, recreation, fish and wildlifepropagation, wetlands, fire protection, augmentation and exchange purposes, and other beneficialuses; Total number of acres proposed to be irrigated: 540; Legal description of acreage irrigated:Lands located in Secs. 25, 26, 35, and 36, T.5S., R.84W. 6th P.M.; To be used for all uses andpurposes described above as are necessary and attendant to the water needs for the operation andmaintenance of the development and operation of a year round recreation and residential projectincluding a golf course and other recreational facilities; Surface area of high water line: 0.9 acres;Maximum height of dam: less than 10 ft.; Length of dam: 400 ft.; Total capacity of reservoir: 10.9 af;Active capacity: 10.9 af; Dead capacity: 0 af; Land owner: Applicant. FOURTH WATER RIGHT: Golf Course Pond D; Location of Dam: NW¼NW¼ Sec. 36, T.5S., R.84W. 6th P.M. 1250 ft. fromthe North section line, 750 ft. from the West section line; Ditch used to fill reservoir: Schlutter GolfCourse Enlargement Ditch (6.5 cfs; SW¼NW¼ of Sec. 36, T.5S., R.84W. 6th P.M. 2100 ft. from theNorth section line, 1050 ft. from the West section line); Source: Brush Creek, tributary to EagleRiver; Date of appropriation: Mar. 6, 1999; Appropriation initiated by formulation of intent in aconference and subsequent field investigation to confirm feasibility of the location for the pond andposting notice at the site; Amount claimed: 6.5 af; Rate of diversion for filling: 6.5 cfs; Use:Domestic, municipal, commercial, irrigation, recreation, fish and wildlife propagation, wetlands, fire


protection, augmentation and exchange purposes, and other beneficial uses; Number of acresproposed to be irrigated: 540; Legal description: Lands located in Secs. 25, 26, 35, and 36, T.5S.,R.84W. 6th P.M.; To be used for all uses and purposes described above as are necessary andattendant to the water needs for the operation and maintenance of the development and operation of ayear round recreation and residential project including a golf course and other recreational facilities;Surface area of high water line: 0.8 acres; Maximum height of dam: less than 10 ft.; Length of dam:400 ft.; Total capacity of reservoir: 6.5 af; Active capacity: 6.5 af; Dead capacity: 0 af; Land owner:Applicant. FIFTH WATER RIGHT: Golf Course Pond E; Location of Dam: NW¼NW¼ Sec. 36,T.5S., R.84W. 6th P.M. 550 ft. from the North section line, 250 ft. from the West section line; Ditchused to fill reservoir: Matheny Tabor Golf Course Enlargement Ditch (6.5 cfs; SE¼NE¼ of Sec. 12,T.6S., R.84W. 6th P.M. 2500 ft. from the North section line, 1000 ft. from the East section line);Source: Brush Creek, tributary to Eagle River; Date of appropriation: March 26, 1999; Appropriationinitiated by formulation of intent in a conference and subsequent field investigation to confirmfeasibility of the location for the pond and posting notice at the site; Amount claimed: 6.4 af; Rate ofdiversion for filling: 6.5 cfs; Use: Domestic, municipal, commercial, irrigation, recreation, fish andwildlife propagation, wetlands, fire protection, augmentation and exchange purposes, and otherbeneficial uses; Total number of acres proposed to be irrigated: 540; Legal description of acreage tobe irrigated: Lands located in Secs. 25, 26, 35, and 36, T.5S., R.84W. 6th P.M.; To be used for alluses and purposes described above as are necessary and attendant to the water needs for theoperation and maintenance of the development and operation of a year round recreation andresidential project including a golf course and other recreational facilities; Surface area of high waterline: 0.8 acres; Maximum height of dam: less than 10 ft.; Length of dam: 400 ft.; Total capacity ofreservoir: 6.4 af; Active capacity: 6.4 af; Dead capacity: 0 af; Land owner: Applicant. SIXTH

WATER RIGHT: Golf Course Pond F: Location of Dam: NE¼NE¼ Sec. 35, T.5S., R.84W. 6th P.M.700 ft. from the North section line, 200 ft. from the East section line; Ditch used for filling reservoir:Matheny Tabor Golf Course Enlargement Ditch (6.5 cfs; SE¼NE¼ of Sec. 12, T.6S., R.84 W.6th P.M. 2500 ft. from the North section line, 1000 ft. from the East section line); Source: BrushCreek, tributary to Eagle River; Date of appropriation: Mar. 26, 1999; appropriation initiated byformulation of intent in a conference and subsequent field investigation to confirm feasibility of thelocation for the pond and posting notice at the site; Amount claimed: 16.5 af; Rate of diversion forfilling: 6.5 cfs; Use: Domestic, municipal, commercial, irrigation, recreation, fish and wildlifepropagation, wetlands, fire protection, augmentation and exchange purposes, and other beneficialuses; Total number of acres proposed to be irrigated: 540; Legal description of acreage to beirrigated: Lands located in Secs. 25, 26,35, and 36, T.5S., R.84W. 6th P.M.; To be used for all usesand purposes described above as are necessary and attendant to the water needs for the operation andmaintenance of the development and operation of a year round recreation and residential projectincluding a golf course and other recreational facilities; Surface area of high water line: 1.4 acres;Maximum height of dam: less than 10 ft.; Length of dam: 700 ft.; Total capacity: 16.5 af; Activecapacity: 16.5 af; Dead capacity: 0 af; Land owner: Applicant. SEVENTH WATER RIGHT: GolfCourse Pond G: Location of Dam: SW¼NW¼ Sec. 25, T.5S., R.84W. 6th P.M. 1700 ft. from theNorth section line, 725 ft. from the West section line; Ditches used to fill reservoir: Frost Golf CourseEnlargement Ditch (2.0 cfs; NE¼SW¼ of Sec. 25, T.5S., R.84W. 6th P.M. 3500 ft. from the North


section line, 1600 ft. from the West section line); Matheny Tabor Golf Course Enlargement Ditch(6.5 cfs; SE¼NE¼ of Sec. 12, T.6S., R.84W. 6th P.M. 2500 ft. from the North section line, 1000 ft.from the East section line); Upper Frost Golf Course Enlargement Ditch (6.5 cfs; NW¼NW¼ ofSec. 36, T.5S., R.84W. 6th P.M. 1000 ft. from the North section line, 1250 ft. from the West sectionline); Schlutter Golf Course Enlargement Ditch (6.5 cfs; SW¼NW¼ of Sec. 36, T.5S., R.84W.6th P.M. 2100 ft. from the North section line, 1050 ft. from the West section line); and Frost CreekGolf Course Enlargement Ditch (2.5 cfs; NW¼NE¼ of Sec. 35, T.5S., R.84W. 6th P.M. 950 ft. fromthe North section line, 1600 ft. from the East section line); Source: Brush Creek, tributary to EagleRiver and Frost Creek, tributary to Brush Creek, tributary to Eagle River; Date of appropriation: Mar.26, 1999; Appropriation initiated by formulation of intent in a conference and subsequent fieldinvestigation to confirm feasibility of the location for the pond and posting notice at the site; Amountclaimed: 3.5 af; Rate of diversion for filling: 6.5 cfs; Use: Domestic, municipal, commercial,irrigation, recreation, fish and wildlife propagation, wetlands, fire protection, augmentation andexchange purposes, and other beneficial uses; Total number of acres proposed to be irrigated: 540;Legal description of acreage to be irrigated: Lands located in Secs. 25, 26, 35, and 36, T.5S., R.84W.6th P.M.; To be used for all uses and purposes described above as are necessary and attendant to thewater needs for the operation and maintenance of the development and operation of a year roundrecreation and residential project including a golf course and other recreational facilities; Surface areaof high water line: 0.5 acres; Maximum height of dam: less than 10 ft.; Length of dam: 300 ft.; Totalcapacity of reservoir: 3.5 af; Active capacity: 3.5 af; Dead capacity: 0 af; Land owner: Applicant. APPLICATION FOR PLAN FOR AUGMENTATION AND EXCHANGE: Names ofstructures to be augmented: Golf Course Ponds A, B, C, D, E, F, and G; Out-of-priority depletionsfrom the water rights described herein will be augmented pursuant to this plan; water rights to be usedfor augmentation: Frost Ditch in Case No. 294, District Court in and for Eagle County, CO in theamount of 1.2 cfs with an appropriation date of June 15, 1884, an adjudication date of Dec. 17, 1889and a diversion point located in NW¼NW¼ of Sec. 36, T.5S., R.84W. 6th P.M., 1000 ft. from theNorth section line and 1250 ft. from the West section line; Upper Frost Ditch in Case No. 385,District Court in and for Eagle County, CO in the amount of 3.2 cfs with an appropriation date of Oct.15, 1880, an adjudication date of Mar. 15, 1901, and a diversion point located in NE¼SW¼ of Sec.25, T.5S., R.84W. 6th P.M., 3500 ft. from the North section line and 1600 ft. from the West sectionline; Wolford Mountain Reservoir: Wolford Mountain Reservoir was adjudicated in CaseNo. 87CW283, decree entered Nov. 20, 1989, District Court, Water Division No. 5. The legaldescription of the place of storage is: Wolford Mountain Reservoir, the dam of which is located in theSW¼NE¼ of Sec. 25, T.2N., R.81W. 6th P.M. The intersection of the dam access with the rightabutment occurs at a point which bears S. 54°54’20” E. a distance of 3,716.46 ft. from the northwestcorner of said Sec. 25; The source of the water is Muddy Creek and its tributaries, all tributary to theColorado River; Wolford Mountain Reservoir water may be used to augment a portion of thedepletions to the Colorado River; Eagle Park Reservoir: Eagle Park Reservoir was decreed by theWater Court in Case No. 92CW340 and 93CW301, for a combined total capacity of 27,600 af, withan appropriation date of Mar. 16, 1991, for 5,300 af, and May 18, 1993, for 22,300 af, together withthe right to divert at the rate of 80 cfs under the Aug. 10, 1956 appropriation date of the Pando FeederCanal pursuant to the application of the Water Court decreed Aug. 19, 1999 in Case No. 97CW288,


for mining, milling, industrial, snowmaking, municipal, domestic, stock watering, recreation, fish andwildlife, irrigation, agricultural, exchange, replacement, augmentation and all other beneficialpurposes; The north abutment of the dam crest is located approximately 160 ft. north of the southsection line and 650 ft. east of the west section line of Sec. 28, T.7S., R79W., 6th P.M., EagleCounty, CO; Source of Eagle Park Reservoir is the East Fork of the Eagle River including runoff,surface flow and seepage from the area above the reservoir and tributary thereto, and water tributaryto Tenmile Creek, a tributary of the Blue River together with other sources; Eagle Park Reservoirwater may be used to augment a portion of the depletions to the Eagle River and Colorado River;Historic use: Portions of the senior priorities decreed to the Frost Ditch in Case No. 294, DistrictCourt in and for Eagle County, CO in the amount of 1.2 cfs with an appropriation date of June 15,1884 and an adjudication date of Dec. 17, 1889 and the Upper Frost Ditch in Case No. 385, DistrictCourt in and for Eagle County, CO in the amount of 3.2 cfs with an appropriation date of Oct. 15,1880 and an adjudication date of Mar. 15, 1901 have been used to irrigate lands in the Brush Creekbasin; Historic consumptive use per acre: 1.64 af; Wolford Mountain Reservoir and Eagle ParkReservoir will be available for augmentation purposes herein; Statement of plan for augmentation;Applicant is the owner of approximately 1100 acres in the Brush Creek drainage south of the Townof Eagle in Eagle County that will be developed in part as a golf course; Golf Course Ponds A, B, C,D, E, F, and G will be built and operated as a part of such golf course; Total surface acreage of all ofthe ponds: 7.20 acres; Pond evaporation rate: 2.55 af per acre with the total pond evaporation beingequal to 18.36 af annually; Evaporation losses associated with the ponds will be 100% consumptive;Ponds will collectively result in the dry up of 2.50 acres under the Frost and Upper Frost Ditches andan additional 9.4 acres under such ditches will be dried up to augment the pond evaporation; Amountto be dedicated to this plan out of the Upper Frost Ditch is 0.09 cfs; out of the Frost Ditch: 0.15 cfs.;Historic consumptive use rate for such acreage: 64 af per acre; Total credits for dry up of irrigatedlands: 19.52 af during the irrigation season; Balance of augmentation requirements for the pondevaporation in the non-irrigation season: 5.06 af to be released from Wolford Mountain Reservoir orEagle Park Reservoir as follows: 0.43 af in Feb.; 1.01 af in Mar.; 1.80 in Ap.; 0.26 af in May; 0.99 afin Oct.; and 0.58 af in Nov.; Plan for augmentation and exchange described herein will beadministered by Division Engineer in accordance with accounting forms to be developed toimplement the plan as decreed; Owner of land where all structures are located except for WolfordMountain Reservoir and Eagle Park Reservoir: Applicant. (18 pages)

45. 99CW244 PITKIN COUNTY. APPLICATION FOR FINDING OF REASONABLEDILIGENCE. Frank A. Loushin, William J. Loushin, Loushin Brothers, Ltd, c/o Kevin L. Patrick,Patrick & Stowell, P. C., 730 E. Durant, Ste. 200, Aspen, CO 81611, 970-920-1028, and AspenSkiing Company, LLC, c/o Arthur B. Ferguson, Jr., Holland & Hart LLP, 600 E. Main St., Ste. 104,Aspen, CO 81611, 970-925-3476. Loushin Reservoir No. 2: On May 11, 1977, Case No. W-3092,the Water Referee for Water Division No.5 awarded Applicants a conditional water right for LoushinReservoir No.2, a conditional water right for 4.24 af of water with an appropriation date of June 30,1975 to be used for, domestic (including fire protection, lawn and garden irrigation and livestockwatering), recreation and mining uses; The Ruling of Referee was confirmed and made a decree ofthe Water Court in and for Water Division 5 by the Water Judge on July 28, 1977; Water Referee in


Case No.92CW263 made 4.24 af for recreational uses absolute and found that reasonable diligencehad been exercised with respect to the conditional domestic and mining uses; Location: reservoir islocated in unsurveyed NE¼NE¼ of Sec. 31 and in the SE¼SE¼ of Sec. 30, T.10S., R.84W.6thP.M., Pitkin County, CO, at a point whence Corner No.4 of Iron Silver Placer, U.S.M.S. No. 5963,bears S.48°50'W., 1306.89 ft.; Source: unnamed springs tributary to the Roaring Fork River;Applicants have set forth their actions regarding the exercise of reasonable diligence in theapplication.(4 pages)

46. 91CW278 MESA COUNTY - BIG SALT WASH. Don K. Hitchborn, P.O. Box 277,Fruita, CO 81521. PETITION TO CORRECT SUBSTANTIVE ERROR IN ABANDONMENTORDER: The Abandonment Order entered in this case on March 30, 1999, held that the followingwater right, among others, was abandoned: Gavin Canal, Decreed June 1, 1916, Case No. 2635,Mesa County District Court; Location: A point on the east bank of Big Salt Wash, whence thenorthwest corner of Section 13, T. 8 S., R. 102 W., 6th P.M., bears West 4°32' North, 668 feet. Appropriation: March 10, 1914; Use: irrigation; Amount held abandoned: 1.44 c.f.s. Petitioner assertsthat the inclusion of the Gavin Canal in the Abandonment Order was a substantive error; that theGavin Canal water right has not been abandoned; and that Petitioner’s failure to file a protest to the1990 abandonment list was the result of mistake, inadvertence, or excusable neglect. Petitionerrequests that the Court determine that inclusion of the Gavin Canal on Exhibit A to the AbandonmentOrder was a substantive error, that the Gavin Canal has not been abandoned, that the Gavin Canalshould be deleted from Exhibit A to the Abandonment Order, and that Petitioner be granted suchother and further relief to which he may be entitled.

47. 98CW094 (91CW222)-GARFIELD COUNTY-GROUNDWATER TRIBUTARY TOTHE ROARING FORK RIVER. Lisa Kruidenier, c/o Balcomb & Green, P.C., Lori J.M.Satterfield, Dendy M. Heisel, Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO81602, Telephone (970) 945-6546. Amended Application for Finding of Reasonable Diligenceand to Make Absolute a Conditional Water Right. Name of structure: Black Dog Well. Information from previous decree or conditional water right: Date of original decree: May 6, 1992;Case No.: 91CW222; Court: District Court, Water Division No. 5. Location: The point ofdiversion is in the NE1/4 SW1/4 of Section 19, Township 7 South, Range 87 West of the 6th P.M. ata point 2,100 feet North of the South line and 1,600 feet East of the West line of said Section 19. Appropriation Date: December 15, 1988; Amount: 0.033 cfs (15 gpm). Use: Domestic pursuant toC.R.S. §37-92-602 (b)(II)(A), including ordinary household purposes inside not more than three (3)single family dwellings, fire protection, the irrigation of not more than one acre of home gardens andlawns and the watering of domestic animals. Depth: 360 feet. Detailed outline of what has beendone toward completion of the appropriation and application of water to a beneficial use: LisaKruidenier obtained title to this well from Lazy Glen, Inc. on September 9, 1992, when she purchasedthe property served by the well. In December, 1996 Kruidenier began diverting water at the BlackDog Well, and has placed the water to beneficial use continuously since that time. Remarks: Thisapplication was originally brought on behalf of Jill and Allen Scott. Scotts subsequently learned thatthe well which serves their property is the Bowers Well No. 1, Permit #87371. It appears that the


developer, Terry Kirk (of Lazy Glen, Inc.) mistakenly sent the diligence notice for the Black DogWell to the Scotts, when it should have been sent to Kruidenier. The original application hereinalleges that the Black Dog Well went dry. However, it was in fact the Bowers Well No. 1 whichwent dry. The Black Dog Well continues to be diverted at the originally permitted and decreedlocation. A Motion to Substitute Kruidenier for the Scotts as parties herein is being filedcontemporaneously with this application. Name and Address of Owner of Land on Which Structureis Located: Lisa Kruidenier, 5333 County Road 100, Carbondale, CO 81623. (4 pages)

48. 99CW130 GARFIELD COUNTY - COLORADO RIVER. Robert L. Hoffmeister &Jean Hoffmeister; 1437 No Name Lane; Glenwood Springs, CO 81601 970-945-9212.Piper Reservoirs No. 1 and No. 2 - Application to Make Absolute a Conditional Water Right andApplication for Finding of Reasonable Diligence. Decreed: March 1982, 82CW438. Location: Piper Reservoir No. 1 is located in the NW1/4NE1/4 Sec. 12, T. 6 S., R. 93 W., 6th P.M. at a point1200 feet South of the north line and 2500 feet West of the east line of said Sec. 12; Piper ReservoirNo. 2 is located in the NW1/4NE1/4 of Sec. 12, T. 6 S., R. 93 W. of the 6th P.M. at a point 600 feetSouth of the north line and 2350 feet West of the east line of said Sec. 12. Appropriation: March1982. Amount: No. 1 - 2.0 AF, absolute and 18.0 AF, conditional; No. 2 - 2.0 AF, absolute and 13AF, conditional. Use: irrigation, domestic, livestock, fire protection and recreation. The Applicationcontains a detailed outline of the work performed during the diligence period and work performed forcompletion of the appropriation and application of the water to beneficial use. (5 pages)

YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of DECEMBER 1999to file with the Water Clerk in quadruplicate a verified statement of opposition setting forthfacts as to why a certain application should not be granted or why it should be granted only inpart or on certain conditions. A copy of such statement of opposition must also be served uponthe applicant or the applicant's attorney and an affidavit or certificate of such service shall befiled with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $45.00) PEGGYJORDAN, Water Clerk, Water Division 5; 109 8th Street, Suite 104; Glenwood Springs, CO 81601.

pursuant to c.r.s., 37-92-302, as amended, you are notified … · 2010-01-07 · october 1999...

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