pursuant to c.r.s., 37-92-302, as amended, you are ...€¦ · trout & raley, p.c. bennett w....

PURSUANT TO C.R.S., 37-92-302, AS AMENDED, You are notified that the followingpages comprise a resume of the applications and amended applications filed with theWater Clerk for Water Division 5 during the month of DECEMBER 1999.

1. 99CW276 PITKIN COUNTY - CAPITOL CREEK, SNOWMASS CREEK,ROARING FORK RIVER. Judith Ann Byrns; P.O. Box 54; Snowmass, CO 81654 970-927-4234. J B Pump & Pipeline - Application for Finding of Reasonable Diligence.Decreed: November 18, 1993, 91CW058. Location: the point of diversion is in theNW1/4SW1/4SE1/4 Sec. 34, T. 8 S., R. 86 W., 6th P.M. at a point 3000 feet from the westline and 1200 feet from the south line of said Sec. 34. Appropriation: April 15, 1991.Amount: 0.05 CFS. Use: irrigation. The Application includes a detailed outline of theactivity performed during the diligence period. (2 pages)

2. 99CW277 Garfield County, tributary to Timber Gulch, tributary to East Divide Creek, tributaryto Divide Creek, tributary to the Colorado River. Donald L. VanHoose and Matthew L. VanHoose, 875County Road 339, Parachute, CO 81635, (970) 285-6300; c/o Thomas W. Stuver, Stuver & George, P.C., P.O. Box 907, Rifle, CO 81650, (970) 625-1887. Application for Change of Water Right, Tolini Spring No.1. Decreed: September 26, 1984, 84CW31. Tolini Spring No. 1 is located in the SE1/4NW1/4, Section 36,Township 7 South, Range 91 West of the 6th P.M. at a point whence the NW corner of said Section 36 bearsnorth 50 degrees, 5'W, 2141.0 feet, in Garfield County, Colorado. The source of water for Tolini SpringNo. 1 is a spring tributary to Timber Gulch, tributary to East Divide Creek, tributary to Divide Creek,tributary to the Colorado River. Appropriation date: May 29, 1944. Amount: 0.01 cfs absolute. The waterrights to be changed have historically been used to fill Tolini Pond No. 1 and Tolini Pond No. 2 (alsodecreed as absolute water rights September 26, 1984 in Water Division No. 5, Case No. 84CW31 withappropriation date of May 29, 1994) which Ponds have been historically used for livestock watering, asdecreed. Applicants propose a change in the decreed use to include domestic use for up to three single-family residences, located in the S1/2SW1/4, Section 25, Township 7 South, Range 91, West of the 6th P.M.in Garfield County, Colorado. The water for the residential use will be transported by pipeline fromTolini Spring No. 1 to the place of use. The single family residences will utilize individual septic systemsand leach fields. 0.00135 cfs of the water historically used for storage for livestock watering shall besubject to consumptive use in the proposed domestic water rights for the residential uses (0.00045 cfs foreach residence). (4 pages)3. 99CW278 GARFIELD COUNTY - GROUNDWATER TRIBUTARY TO THE ROARING FORKRIVER, c/o Edward B. Olszewski, Esq., Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO81602, (970) 945-6546. Application for Underground Water Right Name of well: RFS&G Well. Location:A well located in the NW1/4SE1/4, Sec. 26, T. 7 S., R. 88 W. of the 6th P.M. at a point approximately 2,000ft. from the South line and 2,600 ft. from the East line of said Sec. 26. Depth: Less than 100 feet. Date ofappropriation: October 15, 1999 by diversion of water and formation of intent to appropriate. Date waterapplied to beneficial use: October 15, 1999. Amount claimed: 150 gpm, absolute. Proposed use:Industrial. Name and address of the owner of land on which well is located: Same as Applicant.Remarks: The Roaring Fork Sand & Gravel Pit has intercepted a seepage flow at the toe of the northboundary of its pit. The seepage is deep percolation of irrigation water from the fields located above thepit which occurs only during the irrigation season. Seepage water is collected in a ditch which carries thewater to an existing small recycling and settlement pond. Evaporation from this pond is included in theexisting plan for augmentation for the Roaring Fork Sand & Gravel Pit (Case No. 92CW304). Noadditional consumptive use or evaporation will occur as a result of collecting the seepage water. (3pages).

4. 99CW279 (Mesa County, Colorado River and its tributaries, Water District Nos. 70 and 72)

1. Applicants:

a) City and County of Denver,acting by and through its Board of Water Commissioners600 West 12th Avenue, Denver, CO 80254(303) 628-6000

b) Northern Colorado Water Conservancy District1250 North Wilson AvenueP.O. Box 679Loveland, Colorado 80537/80539(970) 667-2437

c) Municipal Subdistrict, Northern Colorado Water Conservancy District1250 North Wilson AvenueP.O. Box 679Loveland, Colorado 80537/80539(970) 667-2437

2. Applicants’ Attorneys:

a) Denver Water BoardPatricia L. Wells #10120Michael L. Walker #28281600 West 12th AvenueDenver, Colorado 80254(303) 628-6460

b) Northern Colorado Water Conservancy District and Municipal Subdistrict, Northern ColoradoWater Conservancy DistrictTrout & Raley, P.C.Bennett W. Raley #13429Robert V. Trout, #71901775 Sherman Street, Suite 1300Denver, Colorado 80203(303) 861-1963

3. Names of structures: Sulphur Gulch Reservoir and Sulphur Gulch Reservoir Pumping Station andPipeline.

4. Type of application: Direct flow and storage rights.

5. Drainage basin: Colorado River and its tributaries, including Sulphur Gulch.

6. Legal descriptions of structure locations:

DECEMBER 1999 RESUMEWATER DIVISION 5

a) The axis of the main dam of proposed Sulphur Gulch Reservoir is located in the West Half ofSection 18, Township 9 South, Range 97 West, 6th P.M., Mesa County, Colorado, as shown onAttachments A and B to the application. The proposed reservoir will inundate portions of Sections10, 11, 12, 13, and 14, Township 9 South, Range 98 West, 6th P.M., and Sections 7 and 13, Township9 South, Range 97 West, 6th P.M., Mesa County, Colorado.

b) Sulphur Gulch Reservoir will be filled through the Sulphur Gulch Reservoir Pumping Stationand Pipeline. The Sulphur Gulch Reservoir Pumping Plant is proposed to be located in theSoutheast Quarter of Section 18, Township 9 South, Range 97 West, 6th P.M., Mesa County,Colorado. The legal description of the point of diversion from the Colorado River is a point on theNorthwest bank of the Colorado River located in the Northeast Quarter of the Southeast Quarter ofSection 18, Township 9 South, Range 97 West, 6th P.M., Mesa County, Colorado, said point being5759 feet from the Northwest corner of Section 18 at a bearing of South 46 degrees, 57 minutes and38 seconds East.

7. Types of use: Water from Sulphur Gulch Reservoir will be used for beneficial uses located withinthe natural basin of the Colorado River and its tributaries in Colorado, including, but not limitedto; the release of stored water for the restoration, protection and enhancement of fish and otheraquatic or riparian life and their habitat at any location within the Colorado River basin wheresuch fish and other aquatic or riparian life and habitat do now or may in the future exist;generation of electrical energy; power; piscatorial; maintenance, preservation and enhancement ofwildlife and aesthetic values; lake and reservoir evaporation. Such beneficial uses are to beaccomplished by direct use, storage, exchange, augmentation, substitution and replacement, andmay include the use, reuse and successive use of the appropriated water, including to extinction.

8. Types of structures: Off-channel reservoir, pumping plant on Colorado River and pipeline frompumping plant to reservoir.

9. Quantity:

a) Reservoir storage: 16,000 acre-feet, conditional, with the right to fill and refill the Reservoirwithout limitation at any time when water is available in priority.

b) Rate of diversion in cfs from the Colorado river for filling the reservoir: 150 cfs, conditional.

10. Additional information:

The purpose of Sulphur Gulch Reservoir is to provide a permanent source of all or a part of the10,825 acre feet of water for the Recovery Implementation Program for Endangered Fish Species inthe Upper Colorado River Basin and for other purposes associated with the recovery andprotection of aquatic and riparian species. It is anticipated that this project will be developed by acoalition of Colorado River water users, including Northern Colorado Conservancy District, theMunicipal Subdistrict, and the Denver Board of Water Commissioners, to fulfill the responsibilityof Colorado River water users to provide a permanent source of 10,825 acre-feet of water to theRecovery Implementation Program for Endangered Fish Species in the Upper Colorado RiverBasin. The Applicants claim an appropriation date of December 10, 1999. (8 pages)


5. 99CW280 GARFIELD COUNTY -- Beck Gulch, Colorado River. Norman H. and Virginia E.Hunt, c/o Stuver & George, P.C., P.O. Box 907, Rifle, CO 81650; (970) 625-1887. Application for WaterRights (Surface). Name of Structure: Hunt Spring and Pipeline. Location: Point of diversion is a springgathering box situated in the SW1/4 of the SW1/4 of Section 35, T.5S., R.92W. of the 6th P.M. at a pointwhence the southwest corner of said Section 35 bears South 35 degrees 52 minutes 36 seconds West adistance of 939.35 feet. An underground two (2) inch PVC pipeline departs said spring gathering box ona course bearing South 15 degrees 16 minutes 18 seconds a distance of 147.88 feet; thence South 24 degrees58 minutes 37 seconds West a distance of 245.09 feet; thence South 09 degrees 20 minutes 01 seconds Westa distance of 231.36 feet to a livestock water tank. Appropriation date: 1900, 1983. Amount: 15 gpm,.0333 cfs, absolute. Use: livestock water. (Two pages, two exhibits.)

6. 99CW281 RIO BLANCO COUNTY - EAST DOUGLAS CREEK, WHITE RIVER. Kelly G.Brady; P.O. Box 716; Santa Clara, Utah 84765 435-634-0904. Kelly G Brady Spring - Application to MakeAbsolute a Conditional Water Right. Decreed: September 17, 1996, 95CW232. Location: Lot 5, Sec. 5, T.5 S., R. 101 W., 6th P.M. at a point 621 feet from the north line and 155 feet from the east line of said Sec. 5.Appropriation: June 3, 1995. Amount: 0.07 CFS, absolute. The application includes a detailed outline ofthe activity performed for completion of the appropriation and application of the water to beneficial use.(2 pages)

7. 99CW282 GARFIELD COUNTY - SPRINGS TRIBUTARY TO EAGLE RIVER, c/o Edward B.Olszewski, Esq., Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602, (970) 945-6546.Application for Change of Water Rights (Alternate Points of Diversion) Description of claim for alternatepoints of diversion: It is anticipated that the gravel mining operation at the Gypsum Ranch Gravel Pitwill intercept groundwater flow that will be collected in settling ponds in the pit. Each phase of themining development will have a single settling pond which will collect the flow and discharge to theEagle River. The groundwater is tributary to the Schmidt Gypsum Ranch Springs. Schmidt GypsumRanch Springs 5-8 were decreed conditional in Case No. 82CW094 for 0.22 cfs each for domestic,irrigation, industrial, piscatorial and commercial uses. The springs are included in the Gypsum RanchGravel Pit Augmentation Plan decreed in 97CW099 consolidated with Case No. 97CW207. The springsare a source of water for the mining operation and the uses are augmented. Groundwater collectionpoints will be utilized as alternate points of diversion for three of the Schmidt Gypsum Ranch Springs.Decreed names of structures for which changes are sought: Schmidt Gypsum Ranch Spring Nos. 5, 6, 7.From previous Decree: Date entered: March 15, 1983. Case No.: 82CW094, Water Division No. 5.Decreed point of diversion: Schmidt Gypsum Ranch Spring No. 5 - A point in the NE1/4NE1/4, Sec. 4, T.5 S., R. 85 West, 6th P.M. being approximately 800 feet west and 1,200 feet south of the section lines.Schmidt Gypsum Ranch Spring No. 6 - A point in the SE1/4NE1/4, Sec. 4, T. 5 S., R. 85 West, 6th P.M.being 500 feet west and 1,400 feet south of the section lines. Schmidt Gypsum Ranch Spring No. 7 - Apoint in the NW1/4NW1/4, Sec. 3, T. 5 S., R. 85 West, 6th P.M. being 50 feet east and 900 feet south of thesection lines. Appropriation date for all springs: February 7, 1981. Amount: 0.22 cfs, conditional for eachspring. Proposed change: Applicant seeks alternate points of diversion for the Schmidt Gypsum RanchSpring Nos. 5, 6 and 7. The alternate points of diversion are as follows: Schmidt Gypsum Ranch SpringNo. 5: A point in the SW1/4NE1/4, Sec. 4, T. 5 S., R. 85 West, 6th P.M., being 1,600 feet from the north lineand 2,300 from the east line of said Section 4. Schmidt Gypsum Ranch Spring No. 6: A point in theSE1/4NE1/4, Sec. 4, T. 5 S., R. 85 West, 6th P.M., being 1,600 feet from the north line and 2,300 feet fromthe east line of said Section 4. Schmidt Gypsum Ranch Spring No. 7: A point in the NW1/4NW1/4, Sec.


3, T. 5 S., R. 85 West, 6th P.M., being 1,250 feet from the north line and 50 feet from the west line of saidSec. 3. Name and address of owner of land on which structures are located: Same as ApplicantsRemarks: The decreed uses will be unchanged. The out-of-priority industrial uses of the springsassociated with the Gypsum Gravel Pit will be augmented under the decree entered in Case No.97CW099, consolidated with Case No. 97CW207. (4 pages)

8. 99CW283 GRAND COUNTY – WATER DISTRICT NO. 5.(1) Betty Corbin, 2291 Hepperman Road, Wentzville, Missouri 63385, (314)327-4207 (2) c/o Stanley W.Cazier, Baker, Cazier and McGowan, Box 500, Granby, Colorado 80446, (970) 887-3376. (3) Corbin WellsNo. 1 & 2. (4) APPLICATION FOR PLAN FOR AUGMENTATION INCLUDING EXCHANGE (5)Source: Underground Water Tributary to the Colorado River. (6) Location: A tract of land in the SE 1/4SE 1/4, Section 23, Township 3 North, Range 76 West of the 6th P.M. Description attached as Exhibit A.(7) Use: domestic and commercial. (8) Type of Structure: Wells. (9) Quantity: Maximum pumping Rate of15 gpm for each well with a total consumptive use of 0.16 acre-feet per year. (10) Depth of wells:Unknown. (11) Water right which will be used as a source of exchange water: Depletions will beaugmented with either Windy Gap water or Wolford Mountain water. The Middle Park WaterConservancy District has approved a Water Allotment Contract to provide Applicant the right to anannual entitlement of up to 0.5 ac/ft of Wolford Mountain Reservoir a/k/a Gunsight Pass Reservoirlocated on the Muddy Creek, SW1/4 NE1/4 Sec. 25, T2N, R81W, 6th P.M., Grand County, CO decreed87CW283 or Windy Gap water from Granby Reservoir as provided in decree C.A.1768, Water DivisionNo. 5 and 85CW135. (12) Statement of plan for augmentation, covering all applicable matters under CRS37-92-103(9), 302(1)(2) and 305(8): (a) Water Requirements. The annual consumptive use for thedevelopment will not exceed 0.5 af/yr. (b) Plan for Augmentation. The wells will be fully augmented byreleases of Wolford Mountain water or Windy Gap water. Applicant requests approval of plan findingplan will not cause injury, date of exchange July 14, 1999, issuance of well permits, and wells can be usedfor year around use. (8 pages)

9. 99CW284 PITKIN COUNTY - WILLOW CREEK, MARROON CREEK, ROARING FORKRIVER. APPLICATION TO MAKE ABSOLUTE A CONDITIONAL WATER RIGHT, OR IN THEALTERNATIVE, FOR FINDING OF REASONABLE DILIGENCE - CONCERNING THEAPPLICATION FOR WATER STORAGE RIGHTS OF: PEARCE EQUITIES GROUP II, LIMITEDLIABILITY COMPANY, a Utah Limited Liability Company in Pitkin County, Colorado. 1. Name,address, telephone (residence and business) of applicant: Pearce Equities Group II Limited LiabilityCompany, a Utah limited liability Company, P.O. Box 7669, Aspen, Colorado 81612, (303) 920-1533. c/oKirk Holleyman, Esq.; 1050 17th St., #1700; Denver, CO 80265 303-436-1699 2. Name of Structures:Maroon Creek Development Corporation Reservoir No. 1. Maroon Creek Development CorporationReservoir No. 2, Maroon Creek Development Corporation Reservoir No. 3, Maroon Creek DevelopmentCorporation Reservoir No. 4. 3. Describe conditional water right (as to each structure) giving thefollowing from the Referee's Ruling and Judgment and Decree: Maroon Creek Development CorporationReservoir No. 1 a. Date of original decree: Judgment and Decree dated December 15, 1993; Case No. 89-CW-282; District Court for Water Division No. 5. b. Location: The Maroon Creek DevelopmentCorporation Reservoir No. 1, is situated in Section 11, Township 10S, Range 85W, 6th p.m., the dam outletbeing located in the NW/4 NW/4 of said Section 11, at a point 1040 feet South of the North line of saidSection 11, and 620 feet East of the West line of said Section 11. c. Source: 1. Willow Creek, a tributary ofthe Roaring Fork River, for water diverted through the Willow Creek Ditch to said reservoir; 2.Maroon


Creek, a tributary of the Roaring Fork River, for water diverted through the Herrick Ditch and into theWillow Creek Ditch, and then to said reservoir.3. Unnamed tributaries to Maroon Creek and the Roaring Fork River for local run off captured by thereservoirs; 4. Maroon Creek and Willow Creek for return flow from irrigation water diverted by theHerrick and Willow Creek Ditches. d. Appropriation Date: December 22, 1989. e. Amount: diversion ata rate of flow of 4.0 cfs, from Maroon Creek through the headgate of the Herrick Ditch and then into theheadgate of the Willow Creek Ditch at a rate of flow of 4 cfs, and from Willow Creek through theheadgate of the Willow Creek Ditch at a rate of flow of 4 cfs, for storage in the Maroon CreekDevelopment Corporation Reservoir No. 1 of 7.7 acre feet. f.Use: Domestic, commercial, irrigation,recreation, and fish and wildlife purposes. g. Depth: 10 feet Maroon Creek Development CorporationReservoir No. 2 a. Date of Original Decree: Judgment and Decree dated December 15, 1993; Case No. 89-CW-282; District Court for Water Division No. 5. b. Location Maroon Creek Development CorporationReservoir No. 2 is situated in Section 11 and Section 2, Township 10S, Range 85W, 6th P.M., the damoutlet being located in the NW/4 NW/4 of Section 11 and the SW/4 SW/4 of Section 2, at a point 50 feetNorth of the South line of Section 2 and 540 feet East of the West line of Section 2. c. Source: 1. WillowCreek, a tributary of the Roaring Fork River, for water diverted through the Willow Creek Ditch to saidreservoir; 2. Maroon Creek, a tributary of the Roaring Fork River, for water diverted through theHerrick Ditch and into the Willow Creek Ditch, and then to said reservoir. 3. Unnamed tributaries toMaroon Creek and the Roaring Fork River for local run off captured by the reservoirs; 4. Maroon Creekand Willow Creek for return flow from irrigation water diverted by the Herrick and Willow CreekDitches. d. Appropriation Date: December 22, 1989. e. Amount: diversion at a rate of flow of 4.0 cfs,from Maroon Creek through the headgate of the Herrick Ditch and then into the Headgate of the WillowCreek Ditch at a rate of flow of 4 cfs, and from Willow Creek through the headgate of the Willow CreekDitch at a rate of flow of 4 cfs, for storage in the Maroon Creek Development Corporation Reservoir No. 2of 4.6 acre feet. f. Use: Domestic, commercial, irrigation, recreation, and fish and wildlife purposes. g.Depth: 6 feet Maroon Creek Development Corporation Reservoir No. 3 a. Date of Original Decree:Judgment and Decree dated December 15, 1993; Case No. 89-CW-282; District Court for Water DivisionNo. 5. b. Location Maroon Creek Development Corporation Reservoir No. 3, is situated in Section 2,Township 10S, Range 85W, 6th p.m., the dam outlet being located in the SW/4 SW/4 and SE/4 SW/4 ofSection 2, at a point 640 feet North of the South Section line of said Section 2, and 1410 feet East of theWest Section line of said Section 2. c. Source: 1. Willow Creek, a tributary of the Roaring Fork River, forwater diverted through the Willow Creek Ditch to said reservoir; 2. Maroon Creek, a tributary of theRoaring Fork River, for water diverted through the Herrick Ditch and into the Willow Creek Ditch, andthen to said reservoir. 3. Unnamed tributaries to Maroon Creek and the Roaring Fork River for local runoff captured by the reservoirs; 4. Maroon Creek and Willow Creek for return flow from irrigation waterdiverted by the Herrick and Willow Creek Ditches. d. Appropriation Date: December 22, 1989. e.Amount: diversion at a rate of flow of 4.0 cfs, from Maroon Creek through the headgate of the HerrickDitch and then into the Headgate of the Willow Creek Ditch at a rate of flow of 4 cfs, and from WillowCreek through the headgate of the Willow Creek Ditch at a rate of flow of 4 cfs, for storage in the MaroonCreek Development Corporation Reservoir No. 3 of 9.2 acre feet. f. Use: Domestic, commercial,irrigation, recreation, and fish and wildlife purposes. g. Depth: 10 feet Maroon Creek DevelopmentCorporation Reservoir No. 4 a. Date of Original Decree: Judgment and Decree dated December 15, 1993;Case No. 89-CW-282; District Court for Water Division No. 5. b. Location Maroon Creek DevelopmentCorporation Reservoir No. 4, is situated in Section 2, Township 10S, Range 85W, 6th p.m., the dam outletbeing located in the SE/4 SW/4 of said Section 2, at a point 450 feet North of the South line of said Section2, and 1810 feet East of the West line of said Section 2. c. Source: 1. Willow Creek, a tributary of the


Roaring Fork River, for water diverted through the Willow Creek Ditch to said reservoir; 2. MaroonCreek, a tributary of the Roaring Fork River, for water diverted through the Herrick Ditch and into theWillow Creek Ditch, and then to said reservoir. 3. Unnamed tributaries to Maroon Creek and theRoaring Fork River for local run off captured by the reservoirs; 4. Maroon Creek and Willow Creek forreturn flow from irrigation water diverted by the Herrick and Willow Creek Ditches. d. AppropriationDate: December 22, 1989. e.Amount: diversion at a rate of flow of 4.0 cfs, from Maroon Creek throughthe headgate of the Herrick Ditch and then into the Headgate of the Willow Creek Ditch at a rate of flowof 4 cfs, and from Willow Creek through the headgate of the Willow Creek Ditch at a rate of flow of 4 cfs,for storage in the Maroon Creek Development Corporation Reservoir No. 4 of 13.6 acre feet. f. Use:Domestic, commercial, irrigation, recreation, and fish and wildlife purposes. g. Depth: 10 feet 4.Provide a detailed outline of what has been done toward completion or for completion of theappropriation and application of water to a beneficial use as conditionally decreed, includingexpenditures: The reservoirs are part of a golf course irrigation system that has been constructed. Waterstored in them has been used from September, 1994 to the present for commercial irrigation, recreationand fish and wild life purposes. 5. If claim to make absolute - Water applied to beneficial use: MaroonCreek Development Corporation Reservoir No. 1 Date: September, 1994 Amount: 6.5 acre feet. Waterdiverted at a rate of 4 cfs, into Maroon Creek Development Corporation Reservoir No. 1, for storage of 6.5acre feet. Use: Commercial irrigation, recreation and fish and wildlife. Maroon Creek DevelopmentCorporation Reservoir No. 2 Date: September, 1994 Amount: 2.7 acre feet Water diverted at a rate of 4cfs, into Maroon Creek Development Corporation Reservoir No. 2, for storage of 4 acre feet. Use:Commercial irrigation, recreation and fish and wildlife. Maroon Creek Development CorporationReservoir No. 3 Date: September, 1994 Amount: 7.8 acre feet Water diverted at a rate of 4 cfs, intoMaroon Creek Development Corporation Reservoir No. 3, for a storage of 7.8 acre feet. Use: Commercialirrigation, recreation and fish and wildlife. Maroon Creek Development Corporation Reservoir No. 4Date: September, 1994 Amount: 10.4 acre feet Water diverted at a rate of 4 cfs, into Maroon CreekDevelopment Corporation Reservoir No. 4, for a storage of 10.4 acre feet. Use: Commercial irrigation,recreation and fish and wildlife.

10. 99CW285 GARFIELD COUNTY - CANYON CREEK via VULCAN DITCH ANDRIVERBEND WELLS NO 1 - 5, COLORADO RIVER. Riverbend Water and Sewer Company; c/oSteve Boat; 9433 335 Road; New Castle, CO 81647 970-984-3421. Riverbend Effluent Pond - Applicationfor Change of Water Right. Decreed: March 21, 1974, W-2126. Location: NW1/4NW1/4NE1/4 Sec. 6, T.6 S., R. 90 W., 6th P.M. Appropriation: June 1, 1973. Amount: 97.5 AF. Historic Use: the RiverbendEffluent ponds are a component of the Riverbend Water and Sewer Co. system (96CW073, W-2126).Water initially put to beneficial use December 30, 1976 (W-2125-78) in the amount of 0.44 CFS fromRiverbend Well No. 3. Subsequent historic use includes additional well use among the wells andevaporation from the Riverbend Effluent Ponds which until 1997 were constructed without outfall. Since1997 the ponds have discharged to the Colorado River under NPDES permit, reported to Colorado Dept.of Health. Proposed Change: An alternate point of diversion is requested for the rights and uses grantedunder W-2126 and found diligent with the Riverbend Wells in 96CW073. The alternate point of diversionshall be any or all of the Riverbend Wells Nos. 1 thru 5. The amount applicable shall be that measured asbeing returned to the river, not to exceed 97.5 AF annually. Current use of approximately 9.5 AFannually is hereby applied for as absolute. (29 pages)

11. 99CW286 Garfield County; Piceance Creek, White River. Michael E. Parsons and Terri Parsons,c/o Leavenworth & Tester, P.C., P.O. Drawer 2030, Glenwood Springs, CO 81602. Application to Make


Absolute a Conditional Water Right. Name of structures: Parson Pond Nos. 1 and 2. Date of originaldecree: 4/21/1998 in Case No. 97CW214 in the District Court in Water Div. No. 5. Location: Both pondsare located in Sec. 25, T. 3 S., R. 94 W., 6th PM. The centers of said ponds are located more particularly asfollows: Parson Pond No. 1 is located at a point 1800 feet from the W section line and 1850 feet from the Ssection line of Sec. 25. Parson Pond No. 2 is located at a point 1500 feet from the W section line and 1825feet from the S section line of Sec. 25. Source: An unnamed tributary, tributary to Piceance Creek,tributary to the White River. Appropriation date: Parsons Pond No. 1: 9/21/1991.Parsons Pond No. 2:9/21/1997. Amount: 1.3 AF conditional, for each pond. Use: Livestock and wildlife watering, fireprotection, piscatorial and wet lands creation with the right to fill and refill in priority. Applicants builtboth the Parsons Pond Nos. 1 and 2 during the summer of 1998 to the full capacity of 1.3 AF for eachpond. Water applied to beneficial use: Date: 8/1/1998. Amount: 1.3 AF absolute for each pond.Use:Livestock and wildlife watering, fire protection, piscatorial and wet lands creation with the right tofill and refill in priority. Description of place of use where water is applied to beneficial use: Applicants’property located in the W1/2 NE1/4 SW1/4 and W1/2 SE1/4 SW1/4 of Sec. 25, T. 3 S., R. 94 W., 6th PM.(4 pages)

12. 99CW287 GARFIELD COUNTY - SWEETWATER CREEK, COLORADO RIVER. Mark ScottSkelton; c/o Billie Burchfield, Esq.; 802 Grand Ave., Suite 305; Glenwood Springs, CO 81601 970-285-7900. Skelton Meadow Pond, Skelton Duck Pond, Skelton Ditch, Skelton Spring No. 1, Skelton SpringNo. 2 and Skelton Spring No. 3. - Application for Water Rights. Claim No. 1 - Skelton Meadow Pond -Location: the center of said pond will be in Sec. 23, T. 3 S., R. 87 W., 6th P.M. at a point 100 feet from thewest sec. line and 1,750 feet from the south sec. line of said Sec. 23. Appropriation: September 2, 1999.Amount: 1.0 AF, conditional with the right to fill and refill in priority. Use: irrigation, livestockwatering, wetlands creation, fish culture and fire protection; Claim No. 2 - Skelton Duck Pond - Location:the outlet of said pond is located in Sec. 26, T. 3 S., R. 87 W., 6th P.M. at a point 700 feet from the west lineand 60 feet from the north line of said Sec. 26. Appropriation: April 2, 1977. Amount: 8.0 AF, absolutewith the right to fill and refill in priority. Use: livestock watering, fish culture, fire protection andwetlands creation. Claim Nos. 3, 4, 5, and 6 - Skelton Ditch, Skelton Spring No. 1, Skelton Spring No. 2and Skelton Spring No. 3. Location and amount: Skelton Ditch - Sec. 23, T. 3 S., R. 87 W., 6th P.M. at apoint 50 feet from the west sec. line and 1,500 feet from the south sec. line of said Sec. 23 - 0.50 CFS,conditional; Spring No. 1 - located in said Sec. 23 at a point 1,350 feet from the west line and 1,750 feetfrom the south line of said Sec. 23 - 0.033 CFS, conditional; Spring No. 2 - located in said Sec. 23 at a point1,050 feet from the west line and 1,250 feet from the south line of said Sec. 23 - 0.033 CFS, conditional;Spring No. 3 - located in said Sec. 23 at a point 300 feet from the west line and 1,700 feet from the southline of said Sec. 23 - 0.033 CFS, conditional. Appropriation: September 2, 1999. Use: Ditch - irrigation,fire protection, livestock watering and filling of Skelton Meadow Pond; Springs - domestic in up to 3cabins each, irrigation, fire protection and livestock watering. (5 pages) 13. 99CW288 GRAND COUNTY – WATER DISTRICT NO. 5.(1) Kansas Development & Investment Company, Inc., Ben Blair, President, 2222 SW 29th Street, Topeka,Kansas 66611, (785)267-8606 (2) c/o Stanley W. Cazier, Baker, Cazier and McGowan, Box 500, Granby,Colorado 80446, (970) 887-3376. (3) Shore Central Water Supply System (Shore Wells No. 1, 2, 3, etc.) (4)APPLICATION FOR PLAN FOR AUGMENTATION INCLUDING EXCHANGE (5) Source:Underground Water Tributary to the Colorado River. (6) Location: Approximately 72.96 acres located inthe S1/2 NW1/4, SW 1/4 NE 1/4, Section 24, Township 3 North, Range 76 West of the 6th P.M., consistingof 54 individual lots. Description attached as Exhibit A and Exhibit C. (7) Use: domestic and municipalwith outside irrigation. (8) Type of Structure: Central water supply system – wells. (9) Quantity:


Maximum pumping Rate of 50 gpm for each well in the central water supply system with a totalconsumptive use of 1.61 acre-feet per year. (10) Depth of wells: Unknown. (11) Water right which will beused as a source of exchange water: Depletions will be augmented with either Windy Gap water orWolford Mountain water. Applicant has applied with the Middle Park Water Conservancy District for aWater Allotment Contract to provide Applicant the right to an annual entitlement of up to 1.8 ac/ft ofWolford Mountain Reservoir a/k/a Gunsight Pass Reservoir located on the Muddy Creek, SW1/4 NE1/4Sec. 25, T2N, R81W, 6th P.M., Grand County, CO decreed 87CW283 or Windy Gap water from GranbyReservoir as provided in decree C.A.1768, Water Division No. 5 and 85CW135. (12) Statement of plan foraugmentation, 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 1.61 af/yr. (b) Plan forAugmentation. The central water supply system will be fully augmented by releases of WolfordMountain water or Windy Gap water. Applicant requests approval of plan finding plan will not causeinjury, date of exchange November 30, 1999 (the date application for water allotment contact was receivedby Middle Park), issuance of well permits, and wells can be used for year around use. (11 pages)

14. 99CW289 (99CW220) PITKIN COUNTY - ROARING FORK RIVER. Andi Ranch, LLC; c/oKirk Holleyman, Esq.; 1050 17th St., Suite 1700; Denver, CO 80265 303-436-1699. Huerta Ditch No. 3 andHuerta Pond - Application for a Finding of Reasonable Diligence. Decreed: December 30, 1993,90CW220. Huerta Ditch No. 3 - Location: a point situated on an unnamed tributary to the Roaring ForkRiver in the SE1/4SW1/4 Sec. 17, T. 10 S., R. 84 W., 6th P.M. whence the south 1/4 corner of said Sec. 17, aU.S.B.L.M. brass cap bears South 31°21'03" East 416.36 feet; with said bearing being relative to a bearing ofNorth 01°27'20" West between B.L.M. brass caps on the East line of said SE1/4SW1/4. Appropriation:1980, Amount: 0.5 CFS, conditional. Use: delivery of water into storage within the Huerta Pond.Huerta Pond - a point situated in the SE1/4SW1/4 Sec. 17, T. 10 S., R. 84 W., 6th P.M. whence the south1/4 corner of said Sec. 17, a U.S.B.L.M. brass cap bears South 57°42' 19" East 482.59 feet; with said bearingbeing relative to a bearing of North 01°27'30" West between B.L.M. brass caps on the east line of saidSE1/4SW1/4. Appropriation: 1980. Amount: 0.25 AF, conditional. Use: aesthetic and piscatorial. TheApplication includes a detailed outline of the activity performed during the diligence period. (4 pages)

15. 99CW290 RIO BLANCO COUNTY - MARVINE CREEK, TRIBUTARY OF WHITE RIVER.Diamond M, LLC, c/o Lori Satterfield, Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO81602. Application for Surface Water Right. Barbour North Side Ditch 1999 Right. Legal description:located at a point of the north bank of Marvine Creek, whence the SW corner of Sec. 25, T. 1 N., R. 90 W.of the 6th P.M. bears S. 13°15' E., a distance of 1,835.7 ft. Date of appropriation: 2/25/98. Howappropriation was initiated: by field investigation, purchase of property, and formation of intent toappropriate. Date water applied to beneficial use: N/A. Amt. claimed: 0.3 cfs, conditional. Use: re-irrigation of 11.2 acres that were historically irrigated under the Lodge Creek Ditch water right. Thehistoric consumptive-use credits associated with the 11.2 acres of dry up under the Lodge Creek Ditchhave been dedicated to the augmentation plan in Case No. 98CW307. The purpose of the subjectApplication is to adjudicate a new water right for re-irrigation of the 11.2 acres at times when the BarbourNorth Side Ditch 1999 Right is in priority. The 11.2 acres are located in the NW¼ NE¼ and the NW¼ ofSec. 27, T. 1 N., R. 90 W. of the 6th P.M. (3 pages)

16. 99CW291 MOFFAT AND RIO BLANCO COUNTIES, WHITE RIVER, WATER DIVISION 5DISTRICT COURT, WATER DIVISION NO. 5, COLORADO


APPLICATION FOR WATER RIGHTS (SURFACE). 1.Name, address, telephone number of applicant:United States of America, c/o Amelia S. Whiting, Special Assistant United States Attorney, RockyMountain Regional Solicitor's Office, 755 Parfet St., Suite 151, Lakewood, CO 80215. Telephone (303) 231-5353, extension 447.2.Name of structure: BLM Spring #121-22, BLM Spring #121-21, BLM Spring #110-06, and BLM Spring#177-09. 3.Legal description of each point of diversion:BLM Spring #121-22: Located on public lands in the NE/4 SE/4, T3N R97W, Section 18, Sixth P.M.,approximately 2000 feet north of south section line and 600 feet west of east section line. BLM Spring#121-21: Located on public lands in the NE/4 NE/4, T3N R98W, Section 36, Sixth P.M., approximately900 feet south of north section line and 100 feet west of east section line. BLM Spring #110-06: Located onpublic lands in the SW/4 NE/4, T3N R101W, Section 4, Sixth P.M., approximately 1600 feet south ofnorth section line and 2650 feet west of east section line. BLM Spring #177-09: Located on public lands inthe SE/4 NW/4, T3S R102W, Section 30, Sixth P.M., approximately 1780 feet south of north section lineand 2180 feet east of west section line. 4. Source: BLM Spring #121-22: Crooked Wash/White River.BLM Spring #121-21: Unnamed tributary/Crooked Wash/White River. BLM Spring #110-06: JonesTwist/Red Wash/White River. BLM Spring #177-09: Unnamed tributary/South Fork Texas Creek/TexasCreek/Missouri Creek/Evacuation Creek/White River. 5. A. Date of appropriation: 6/28/1934. B.How appropriation was initiated: BLM authorized use of grazing allotments and their associated watersources by permittees. Wildlife used the water concurrently with livestock. C. Date water applied tobeneficial use: 6/28/1934. 6.Amount claimed: BLM Spring #121-22: 0.0006 cfs, absolute. BLM Spring#121-21: 0.0006 cfs, absolute. BLM Spring #110-06: 0.0006 cfs, absolute. BLM Spring #177-09: 0.0089 cfs,absolute. 7. Use: Livestock and wildlife. All springs are used by wildlife, including mountain lion, deer,elk, bear, small mammals, and birds. In addition, the springs are used for livestock watering on thefollowing grazing allotments: BLM Spring #121-22: Up to 660 head of cattle on McAndrews Allotment#6600. BLM Spring #121-21: Up to 1000 head of cattle on Pinyon Ridge Allotment #6333. BLM Spring#110-06: Up to 36 cattle on Skull Creek Allotment #6322. BLM Spring #177-09: Up to 510 cattle on TwinButtes Allotment #6346. 8.Name and address of owner of land on which point of diversion and placeof use is located: United States Department of the Interior, Bureau of Land Management, White RiverField Office, 73544 Highway 64, Meeker, CO 81641. (7 pages)

17. 99CW292 GARFIELD COUNTY, COLORADO RIVER, WATER DIVISION 5DISTRICT COURT, WATER DIVISION NO. 5, COLORADOAPPLICATION FOR WATER RIGHTS (SURFACE). 1.Name, address, telephone number of applicant:United States of America, c/o Amelia S. Whiting, Special Assistant United States Attorney, RockyMountain Regional Solicitor's Office, 755 Parfet St., Suite 151, Lakewood, CO 80215. Telephone (303) 231-5353. Extension 447.2.Name of structure: Shire Spring. 3.Legal description of each point of diversion: Located on publiclands in the SW/4 SE/4, Section 4, T7S R101W, Sixth P.M., approximately 1300 feet north of south sectionline and 1550 feet west of east section line. 4. Source: Unnamed tributary/Big Salt Wash/ColoradoRiver. 5.A.Date of appropriation: 6/28/1934. B. How appropriation was initiated: BLM authorized useof grazing allotments and their associated water sources by permittees. Wildlife used the waterconcurrently with livestock. C.Date water applied to beneficial use: 6/28/1934. 6.Amount claimed:0.0111 cfs, absolute. 7.Use or proposed use: Livestock and wildlife. All springs are used by wildlife,including antelope, mountain lion, deer, elk, bear, small mammals, and birds. In addition, the spring is

used for livestock watering by a herd of up to 104 cattle on Lapham Post Allotment #6506.8.Name(s) and address(es) of owner(s) of land on which point of diversion and place of use(s) is (are)


located: United States Department of the Interior, Bureau of Land Management, Grand Junction FieldOffice, 2815 H Road, Grand Junction, CO 80506. (4 pages)

18. 99CW293 MOFFAT AND RIO BLANCO COUNTIES, WHITE RIVER, WATER DIVISION 5DISTRICT COURT, WATER DIVISION NO. 5, COLORADOAPPLICATION FOR WATER RIGHTS (SURFACE). 1.Name, address, telephone number of applicant:United States of America, c/o Amelia S. Whiting, Special Assistant United States Attorney, RockyMountain Regional Solicitor's Office, 755 Parfet St., Suite 151, Lakewood, CO 80215. Telephone (303) 231-5353. Extension 447.2.Name of structure: BLM Spring #111-08, BLM Spring #111-15, BLM Spring #117-22, BLM Spring #117-25, BLM Spring #119-04, BLM Spring #119-05, BLM Spring #120-05, BLM Spring #122-03, BLM Spring#123-12, BLM Spring #124-37, BLM Spring #145-06, BLM Spring #146-02, and BLM Spring #149-02.3.Legal description of each point of diversion: Moffat County: BLM Spring #111-08: Located on publiclands in the SE/4 SW/4, Section 11, T4N R101W, Sixth P.M., approximately 1200 feet north of the southsection line and 2200 feet east of the west section line. BLM Spring 111-15: Located on public lands in theSE/4 NE/4, Section 33, T4N R101W, Sixth P.M., approximately 1700 feet south of north section line and100 feet west of east section line. BLM Spring #117-22: Located on public lands in the SW/4 NW/4,Section 36, T3N R102W, Sixth P.M., approximately 1400 feet south of north section line and 650 feet east ofwest section line. Rio Blanco County: BLM Spring #117-25: Located on public lands in the SE/4 SW/4,Section 23, T3N R102W, Sixth P.M., approximately 250 feet north of south section line and 2100 feet east ofwest section line. (Rio Blanco County) BLM Spring #119-04: Located on public lands in the SW/4 SW/4,Section 1, T2N R100W, Sixth P.M., approximately 250 feet north of south section line and 300 feet east ofwest section line. BLM Spring #119-05: Located on public lands in the NW/4 NW/4, Section 12, T2NR100W, Sixth P.M., approximately 150 feet south of the north section line and 450 feet east of west sectionline. BLM Spring #120-05: Located on public lands in the NE/4 SE/4, Section 33, T3N R98W, Sixth P.M.,approximately 1700 feet north of south section line and 1200 feet west of east section line. BLM Spring#122-03: Located on public lands in the NW/4 NW/4, Section 14, T2N R97W, Sixth P.M., approximately500 feet south of north section line and 4000 feet west of east section line. BLM Spring #123-12: Located onpublic lands in the NE/4 NE/4, Section 25, T3N R96W, Sixth P.M., approximately 25 feet south of northsection line and 800 feet west of east section line. BLM Spring #124-37: Located on public lands in theSE/4 NW/4, Section 11, T2N R94W, Sixth P.M., approximately 2150 feet south of north section line and1850 feet east of west section line. BLM Spring #145-06: Located on public lands in the NW/4 NE/4,Section 3, T1N R96W, Sixth P.M., approximately 1250 feet south of north section line and 2400 feet west ofeast section line. (Rio Blanco County) BLM Spring #146-02: Located on public lands in the SW/4 NE/4,Section 26, T2N R98W, Sixth P.M., approximately 1500 feet south of north section line and 2600 feet westof east section line. BLM Spring #149-02: Located on public lands in the SW/4 NE/4, Section 28, T1NR101W, Sixth P.M., approximately 2425 feet south of north section line and 2100 feet west of east sectionline. 4.Source: BLM Spring #111-08: Unnamed tributary/Skull Creek/Box Elder Creek/Red Wash/WhiteRiver. BLM Spring #111-15: Unnamed tributary/Miller Creek/Box Elder Creek/Red Wash/White River.BLM Spring #117-22: Unnamed tributary/Red Wash/White River. BLM Spring #117-25: Nate SpringDraw/Stinking Water Creek/White River. BLM Spring #119-04: Unnamed tributary/SchoolGulch/White River. BLM Spring #119-05: Unnamed tributary/School Gulch/White River. BLM Spring#120-05: Unnamed tributary/White River. BLM Spring #122-03: Unnamed tributary/Tom LittleDraw/White River. BLM Spring #123-12: Scenery Gulch/Blacks Gulch/White River. BLM Spring #124-37: Unnamed tributary/Sulphur Creek/White River. BLM Spring #145-06: Unnamed tributary/KellogGulch/White River. BLM Spring #146-02: Unnamed tributary/Yellow Creek/White River. BLM Spring


#149-02: Red Hill Canyon/Douglas Creek/White River. 5.A.Date of appropriation: 6/28/1934. B. Howappropriation was initiated: BLM authorized use of grazing allotments and their associated watersources by permittees. Wildlife used the water concurrently with livestock. C. Date water applied tobeneficial use: 6/28/1934. 6.Amount claimed: BLM Spring #111-08: 0.0045 cfs, absolute. BLM Spring#111-15: 0.0022 cfs, absolute. BLM Spring #117-22: 0.0006 cfs, absolute. BLM Spring #117-25: 0.0022 cfs,absolute. BLM Spring #119-04: 0.0006 cfs, absolute. BLM Spring #119-05: 0.0006 cfs, absolute. BLM Spring#120-05: 0.0006 cfs, absolute. BLM Spring #122-03: 0.0006 cfs, absolute. BLM Spring #123-12: 0.0045 cfs,absolute. BLM Spring #124-37: 0.0025 cfs, absolute. BLM Spring #145-06: 0.0011 cfs, absolute. BLM Spring#146-02: 0.0006 cfs, absolute. BLM Spring #149-02: 0.0006 cfs, absolute. 7.Use or proposed use: Livestockand wildlife. All springs are used by wildlife, including antelope, mountain lion, deer, elk, bear, smallmammals, and birds. In addition, the springs are used for livestock watering on the following grazingallotments: BLM Spring #111-08: Used by a herd of up to 36 cattle on Skull Creek Allotment #6322. BLMSpring #111-15: Used by a herd of up to 36 cattle on Skull Creek Allotment #6322. BLM Spring #117-22:Used by a herd of up to 2000 sheep on Spooky Mountain Allotment #6316. BLM Spring #117-25: Used bya herd of up to 2000 sheep on Spooky Mountain Allotment #6316. BLM Spring #119-04: Used by a herdof up to 2500 sheep on Boise Draw Allotment #6042. BLM Spring #119-05: Used by a herd of up to 2500sheep on Boise Draw Allotment #6042. BLM Spring #120-05: Used by a herd of up to 1000 cattle onPinyon Ridge Allotment #6333. BLM Spring #122-03: Used by a herd of up to 58 cattle on Little TomsDraw Allotment #6603. BLM Spring #123-12: Used by a herd of up to 500 cattle on Blacks GulchAllotment #6612. BLM Spring #124-37: Used by a herd of up to 72 cattle on Allotment #6626. BLM Spring#145-06: Used by a herd of up to 500 cattle on Blacks Gulch Allotment #6612. BLM Spring #146-02: Usedby a herd of up to 220 cattle on Yellow Creek Allotment #6030. BLM Spring #149-02: Used by a herd ofup to 900 cattle on Cathedral Bluffs Allotment #6349. 8. Name(s) and address of owner of land on whichpoint of diversion and place of use is located: United States Department of the Interior, Bureau of LandManagement, White River Field Office, 73544 Highway 64, Meeker, CO 81641. (18 pages)

19. 99CW294 GARFIELD COUNTY, COLORADO RIVER, WATER DIVISION 5DISTRICT COURT, WATER DIVISION NO. 5, COLORADOAPPLICATION FOR WATER RIGHTS (SURFACE). 1.Name, address, telephone number of applicant:United States of America, c/o Amelia S. Whiting, Special Assistant United States Attorney, RockyMountain Regional Solicitor's Office, 755 Parfet St., Suite 151, Lakewood, CO 80215. Telephone (303) 231-5353. Extension 447.2.Name of structure: Woody Spring, Mud Spring, and Redding Spring. 3.Legal description of each pointof diversion: Woody Spring: Located on public lands in the SW/4 NW/4, Section 1, T7S R95W, SixthP.M., approximately 1750 feet south of the north section line and 800 feet east of the west section line.Mud Spring: Located on public lands in the NE/4 NW/4, Section 1, T7S R95W, Sixth P.M., approximately800 feet south of north section line and 1700 feet east of west section line. Redding Spring: Located onpublic lands in the NW/4 NW/4, Section 1, T7S R95W, Sixth P.M., approximately 750 feet south of northsection line and 1050 feet east of west section line. 4.Source: Woody Spring: Unnamedtributary/Colorado River. Mud Spring: Unnamed tributary/Colorado River. Redding Spring: Unnamedtributary/Colorado River. 5.A.Date of appropriation: 6/28/1934. B. How appropriation was initiated:BLM authorized use of grazing allotments and their associated water sources by permittees. Wildlifeused the water concurrently with livestock. C.Date water applied to beneficial use: 6/28/1934.6.Amount claimed: Woody Spring: 0.0223 cfs, absolute. Mud Spring: 0.0045 cfs, absolute. ReddingSpring: 0.0045 cfs, absolute. 7.Use or proposed use: Livestock and wildlife. All springs are used bywildlife, including antelope, mountain lion, deer, elk, bear, small mammals, and birds. In addition, the


springs are used for livestock watering on Hoagland Allotment #8123 which is permitted for a herd of upto 10 cattle. 8. Name and address of owner of land on which point of diversion and place of use islocated: United States Department of the Interior, Bureau of Land Management, Glenwood Springs FieldOffice, P.O. Box 1009, Glenwood Springs, CO 81602. (6 pages)

20. 99CW295 GARFIELD COUNTY, COLORADO RIVER, WATER DIVISION 5DISTRICT COURT, WATER DIVISION NO. 5, COLORADOAPPLICATION FOR WATER RIGHTS (SURFACE). 1.Name, address, telephone number of applicant:United States of America, c/o Amelia S. Whiting, Special Assistant United States Attorney, RockyMountain Regional Solicitor's Office, 755 Parfet St., Suite 151, Lakewood, CO 80215. Telephone (303) 231-5353. Extension 447.2.Name of structure: Section 8 Spring, Riley Gulch Spring, Owens Spring, Starkey Spring, KD Spring,Crawford Spring, Cold Spring, Maynard Spring, and Smith Spring.3.Legal description of each point ofdiversion: Section 8 Spring: Located on public lands in the NE/4 NE/4, Section 8, T7S R96W, Sixth P.M.,approximately 300 feet south of north section line and 300 feet west of east section line. Riley GulchSpring: Located on public lands in the NW/4 NW/4, Section 9,T7S R96W, Sixth P.M., approximately 200feet south of north section line and 150 feet east of west section line. Owens Spring: Located on publiclands in the NE/4 NW/4, Section 9, T7S R96W, Sixth P.M., approximately 200 feet south of north sectionline and 1500 feet east of west section line. Starkey Spring: Located on public lands in the SE/4 SW/4,Section 32, T6S R96W, Sixth P.M., approximately 1050 feet north of south section line and 2500 feet east ofwest section line. KD Spring: Located on public lands in the NW/4 NW/4, Section 8, T7S R96W, SixthP.M., approximately 800 feet south of north section line and 800 feet east of west section line. CrawfordSpring: Located on public lands in the NE/4 NE/4, Section 30, T6S R96W, Sixth P.M., approximately 4000feet north of the south section line and 300 feet west of east section line. Cold Spring: Located on publiclands in the SE/4 SE/4, Section 19, T6S R96W, Sixth P.M., approximately 850 feet north of south sectionline and 1000 feet west of east section line. Maynard Spring: Located on public lands in the NW/4 NW/4,Section 29, T6S R96W, Sixth P.M., approximately 100 feet south of north section line and 1150 feet east ofwest section line. Smith Spring: Located on public lands in the SW/4 SW/4, Section 20, T6S R96W, SixthP.M., approximately 100 feet north of south section line and 700 feet east of west section line. 4.Source:Section 8 Spring: Riley Gulch/Parachute Creek/Colorado River. Riley Gulch Spring: RileyGulch/Parachute Creek/Colorado River. Owens Spring: Riley Gulch/Parachute Creek/Colorado River.Starkey Spring: South Fork Starkey Gulch/Starkey Gulch/Parachute Creek/Colorado River. KD Spring:Riley Gulch/Parachute Creek/Colorado River. Crawford Spring: Unnamed tributary/ParachuteCreek/Colorado River. Cold Spring: Unnamed tributary/Parachute Creek/Colorado River. MaynardSpring: Unnamed tributary/Parachute Creek/Colorado River.Smith Spring: Unnamed tributary/Parachute Creek/Colorado River. 5.A. Date of appropriation:6/28/1934. B.How appropriation was initiated: BLM authorized use of grazing allotments and theirassociated water sources by permittees. Wildlife used the water concurrently with livestock. C.Datewater applied to beneficial use: 6/28/1934. 6.Amount claimed: Section 8 Spring: 0.0223 cfs, absoluteRiley Gulch Spring: 0.0006 cfs, absolute. Owens Spring: 0.0223 cfs, absolute. Starkey Spring: 0.0006 cfs,absolute. KD Spring: 0.0223 cfs, absolute. Crawford Spring: 0.0223 cfs, absolute. Cold Spring: 0.0111 cfs,absolute. Maynard Spring: 0.0022 cfs, absolute. Smith Spring: 0.0067 cfs, absolute. 7.Use or proposed use:Livestock and wildlife. All springs are used by wildlife, including antelope, mountain lion, deer, elk,bear, small mammals, and birds. In addition, the springs are used for livestock watering on the followinggrazing allotments: Section 8 Spring: Used by a herd of up to 102 cattle on Riley Gulch Allotment #8920.Riley Gulch Spring: Used by a herd of up to 102 cattle on Riley Gulch Allotment #8920. Owens Spring:


Used by a herd of up to 102 cattle on Riley Gulch Allotment #8920. Starkey Spring: Used by a herd of upto 42 cattle on Starkey Gulch Allotment #8917. KD Spring: Used by a herd of up to 102 cattle on RileyGulch Allotment #8920. Crawford Spring: Used by a herd of up to 20 cattle on Crawford and KerleeIndependent Allotment #8916. Cold Spring: Used by a herd of up to 20 cattle on Crawford and KerleeIndependent Allotment #8916. Maynard Spring: Used by a herd of up to 20 cattle on Crawford andKerlee Independent Allotment #8916. Smith Spring: Used by a herd of up to 20 cattle on Crawford andKerlee Independent Allotment #8916. 8. Name and address of owner of land on which point ofdiversion and place of use is located: United States Department of the Interior, Bureau of LandManagement, Glenwood Springs Field Office, P.O. Box 1009, Glenwood Springs, CO 81602. (13 pages)

21. 99CW296 RIO BLANCO COUNTY, WHITE RIVER, WATER DIVISION 5DISTRICT COURT, WATER DIVISION NO. 5, COLORADOAPPLICATION FOR WATER RIGHTS (SURFACE). 1.Name, address, telephone number of applicant:United States of America, c/o Amelia S. Whiting, Special Assistant United States Attorney, RockyMountain Regional Solicitor's Office, 755 Parfet St., Suite 151, Lakewood, CO 80215. Telephone (303) 231-5353, extension 447.2. Name of structure: BLM Spring #145-08, BLM Spring #119-26, BLM Spring #119-27, BLM Spring#119-49, BLM Spring #119-29, BLM Spring #124-31, BLM Spring #124-43, BLM Spring #117-26, and BLMSpring #150-08. 3.Legal description of each point of diversion: BLM Spring #145-08: Located on publiclands in the NW/4 NW/4, Section 4, T1N R96W, Sixth P.M., approximately 450 feet south of northsection line and 1100 feet east of west section line. BLM Spring #119-26: Located on public lands in theNW/4 SW/4, (Lot 13), Section 6, T2N R99W, Sixth P.M., approximately 1400 feet north of south sectionline and 750 feet east of west section line. BLM Spring #119-27: Located on public lands in the SW/4SW/4, (Lot 14), Section 6, T2N R99W, Sixth P.M., approximately 1300 feet north of south section line and800 feet east of west section line. BLM Spring #119-49: Located on public lands in the NE/4 SE/4, Section13, T2N R100W, Sixth P.M., approximately 2450 feet north of south section line and 1000 feet west of eastsection line. BLM Spring #119-29: Located on public lands in the SE/4 SW/4, Section 1, T2N R100W, SixthP.M., approximately 150 feet north of south section line and 2600 feet east of west section line. BLMSpring #124-31: Located on public lands in the NE/4 SW/4, Section 1,T2N R94W, Sixth P.M.,approximately 1950 feet north of south section line and 2250 feet east of west section line. BLM Spring#124-43: Located on public lands in the NE/4 NW/4, Section 1, T2N R94W, Sixth P.M., approximately400 feet south of north section line and 1700 feet east of west section line. BLM Spring #117-26: Locatedon public lands in the SE/4 NW/4, Section 3, T2N R102W, Sixth P.M., approximately 2100 feet south ofnorth section line and 1450 feet east of west section line. BLM Spring #150-08: Located on public lands inthe NE/4 SW/4, Section 11, T1N R102W, Sixth P.M., approximately 2300 feet north of south section lineand 1400 feet east of west section line. 4.Source: BLM Spring #145-08: Unnamed tributary/Black=sGulch/White River. BLM Spring #119-26: Boise Creek/White River. BLM Spring #119-27: BoiseCreek/White River. BLM Spring #119-49: Boise Creek/White River. BLM Spring #119-29: AlkaliGulch/White River. BLM Spring #124-31: East Fork Wilson Creek/Wilson Creek/Milk Creek/YampaRiver. BLM Spring #124-43: East Fork Wilson Creek/Wilson Creek/Milk Creek/Yampa River. BLMSpring #117-26: Nate Spring Draw/Stinking Water Creek/White River. BLM Spring #150-08: Unnamedtributary/Coal Mine Draw/White River. 5.A.Date of appropriation: 6/28/1934. B. How appropriationwas initiated: BLM authorized use of grazing allotments and their associated water sources bypermittees. Wildlife used the water concurrently with livestock. C.Date water applied to beneficial use:6/28/1934 6.Amount claimed: BLM Spring #145-08: 0.0006 cfs, absolute. BLM Spring #119-26: 0.0022 cfs,absolute. BLM Spring #119-27: 0.0022 cfs, absolute. BLM Spring #119-49: 0.0006 cfs, absolute. BLM Spring


#119-29: 0.0011 cfs, absolute. BLM Spring #124-31: 0.0223 cfs, absolute. BLM Spring #124-43: 0.0011 cfs,absolute. BLM Spring #117-26: 0.0006 cfs, absolute. BLM Spring #150-08: 0.0006 cfs, absolute. 7.Use orproposed use: Livestock and wildlife. All springs are used by wildlife, including antelope, mountain lion,deer, elk, bear, small mammals, and birds. In addition, the springs are used for livestock watering on thefollowing grazing allotments: BLM Spring #145-08: Up to 500 head of cattle on Black=s Gulch Allotment#6612. BLM Spring #119-26: Up to 2500 head of sheep on Boise Draw Allotment #6042. BLM Spring #119-27: Up to 2500 head of sheep on Boise Draw Allotment #6042. BLM Spring #119-49: Up to 2500 head ofsheep on Boise Draw Allotment #6042. BLM Spring #119-29: Up to 2500 head of sheep on Boise DrawAllotment #6042. BLM Spring #124-31: Up to 500 head of cattle on Smith-Crawford Allotment #6625.BLM Spring #124-43: Up to 500 head of cattle on Smith-Crawford Allotment #6625. BLM Spring #117-26:Up to 2000 head of sheep on Spooky Mountain Allotment #6316. BLM Spring #150-08: Up to 2000 head ofsheep on Johnson-Trujillo Allotment #6338. 8.Name and address of owner of land on which point ofdiversion and place of use is located: United States Department of the Interior, Bureau of LandManagement, White River Field Office, 73544 Highway 64, Meeker, CO 81641. (13 pages)

22. 99CW297 MESA COUNTY, COLORADO RIVER. CJC Properties Limited Partnership, 748Golfmore Drive, Grand Junction, CO 81506, (970) 243-1477; c/o Mark A. Hermundstad, Williams, Turner& Holmes, P.C., P. O. Box 338, Grand Junction, CO 81502, (970) 242-6262. Application for Surface WaterRights: Name: Utaline Diversion; Legal: The water claimed will be diverted at two alternate points ofdiversion located in the N1/2 of Section 8, T. 11 S., R. 104 W., 6th P.M., as follows: Point No. 1: Locatedon the north bank of the Colorado River at a point approximately 4,900 feet west of the Colorado/Utahstate line and 6,200 feet south of the south line of Section 31, T. 10 S., R. 104 W., 6th P.M.; and Point No. 2:Located on the north bank of the Colorado River at a point approximately 3,900 feet west of theColorado/Utah state line and 7,000 feet south of the south line of Section 31, T. 10 S., R. 104 W., 6th P.M.;Source: Colorado River; Appropriation: November 1, 1999; Amount: 4.0 c.f.s., conditional; Use: Irrigationand stockwatering. (4 Pages)

23. 99CW298 GRAND COUNTY - WATER DISTRICT NO. 5.(1) BI BAR PARTNERSHIP, a general partnership, c/o Herb Ritschard, 41 Dundee, Pueblo, CO. 81001(719-542-4255). (2) c/o Stanley W. Cazier, Baker, Cazier and McGowan, Box 500, Granby, CO 80446, (970)887-3376. (3) Ritschard Spring No. 4. (4) APPLICATION FOR UNDERGROUND WATER RIGHTS(SURFACE). (5) Source: Tributary to Whitely Creek, Tributary to Muddy Creek, Tributary to ColoradoRiver. (6) Location: A natural spring located in the SW1/4SW1/4 of Section 9, T4N, R81W, 6th PM, GrandCounty, CO., whence the SW Corner of said Section 9 bears S 58°38'04" W., for a distance of 1492.47 feet.(7) Use: Livestock water. (8) Type of Structure: Spring. (9) Quantity: .0111 cs Absolute. (10) AdditionalInformation: Appropriation was initiated by formulating intent and beginning construction September27, 1993. Water was applied to beneficial use July, 1994. (2 pages)

24. 99CW299 EAGLE COUNTY - East Fork of the Eagle River including runoff, surface flow andseepage from the area above the reservoir and tributary thereto, and water tributary to Tenmile Creeka tributary of the Blue River. Town of Gypsum, c/o Patrick & Stowell, P.C., 730 E. Durant Ave., Suite200, Aspen, CO 81611, (970) 920-1028. Name of structures to be augmented: The Town of Gypsumwishes to designate an additional source and quantity of water for augmentation of its municipal out ofpriority depletions. In Case Nos. 85CW600, 93CW326 and 96CW377, the Court awarded certain plans foraugmentation and changes of water rights for the structures and rights described below. By thisApplication, the Applicant seeks to designate an additional 20 acre-feet of water available for


augmentation of the Town’s out of priority depletions from the structures described below: The Little GIntake, located at a point in the NE¼NE¼, of Section 5, Township 6 South, Range 85 West, of the 6th P.M.,whence the SE Corner of said Section 5 bears South 10°45' East a distance of 1820 feet (Eagle County). TheNorgaard Ditch, Town Enlargement structure headgate, located in the NW¼NW¼, Section 8, Township 5South, Range 85 West, of the 6th P.M. on the East bank of Gypsum Creek at a point whence the Northwestcorner of Section 8, Township 5 South, Range 85 West, 6th P.M. bears North 79°30' West, a distance of 1510feet (said structure is also located 1550 feet from the West Section line and 250 feet from the North Sectionline of said Section 8)(Eagle County). The Gypsum Well T-2, Permit No. 050081-F, located at a point in theSE¼NW¼, Section 8, Township 5 South, Range 85 West, of the 6th P.M., at a point whence the NE cornerof said Section bears North 58°15' East a distance of 3680 feet (said well is also located 1920 feet from theNorth Section line and 2180 feet from the West Section line of said Section 8)(Eagle County). The GypsumWell T-3, Permit No. 050082-F, located at a point NE¼NW¼, Section 8, Township 5 South, Range 85 West,of the 6th P.M., at a point whence the NE corner of said Section bears North 83°50' East a distance of 3060feet (said well is also located 350 feet from the North section line, 2260 feet from the West section line ofsaid Section 8) (Eagle County). The Town of Gypsum Gravity System Water Works located at a pointwhence the East Quarter Corner of Section 5, Township 6 South, Range 85 West of the 6th P.M. bearsNorth 9°38' East 1012.96 feet (Eagle County). The Eye Lake Supply Ditch, the point of diversion of whichis located in the unsurveyed SE¼SW¼ of Section. 8, Township 7 South, Range 84 West of the 6th P.M. at apoint whence the S¼ Corner of Section 32, T. 6 S., R. 84 W. of the 6th P.M. bears North 4°15' East 10,300feet (Eagle County). The Eagle River Pump and Pipeline, the headgate of which is located on the Southbank of the Eagle River in the NW¼NW¼ of Section 5, Township 5 South, Range 85 West, 6th P.M., at apoint whence the NW corner of said Section 5 bears North 37°30' West a distance of 1730 feet (EagleCounty). The Gypsum Well No. 1, as decreed in Case No. 81CW473, and as augmented by Case No.85CW600, located in Tract 38, Section 6, Township 5 South, Range 85 West, 6th P.M. at a point whence theSouthwest Corner of Lot 10, Eagle River Estates, Filing No. 3, Town of Gypsum bears North 83°30' West240 feet. The Gypsum Well No. 2, as decreed in Case No. 81CW473, and as augmented by Case No.85CW600, located in Tract 67, Section 5, Township 5 South, Range 85 West, 6th P.M. at a point whenceAngle Point No. 2 of said Tract 67 bears North 46°05' West 710 feet. Description of water rights to be usedfor augmentation: The Town of Gypsum has entered a contract with the Colorado River WaterConservation District for 20 acre-feet of Eagle River water (a copy of which is attached as Exhibit “A”),which entitles the Town of Gypsum to the annual release of 20 acre-feet from the Eagle Park Reservoirand the Arkansas Well more particularly described as follows: Eagle Park Reservoir. The River District's2,000 shares of Class A, Series 2 stock in the Eagle Park Reservoir Company entitle the River District to theannual release and/or diversion of up to 200 acre feet from Eagle Park Reservoir and the Arkansas Wellmore particularly described as follows: Eagle Park Reservoir, decreed by the Water Court in Cases No.92CW340 and 93CW301, for a combined total capacity of 27,600 acre feet, with an appropriation date ofMarch 16, 1991, for 5300 acre feet, and May 18, 1993, for 22,300 acre feet, together with the right to divertat the rate of 80 cfs under the August 10, 1956 appropriation date of the Pando Feeder Canal pursuant tothe decree of the Water Court entered in Case No. 97CW288, for mining, milling, industrial, snowmaking,municipal, domestic, stock watering, recreation, fish and wildlife, irrigation, agricultural, exchange,replacement, augmentation and all other beneficial purposes. Eagle Park Reservoir is augmented byexchange by decree of the Water Court entered in Case No. 95CW348. The north abutment of the damcrest is located approximately 160 feet north of the south section line and 650 feet east of the west sectionline of Section 28, T. 7 S., R. 79 W., 6th P.M., Eagle County, Colorado. The source of Eagle Park Reservoiris the East Fork of the Eagle River including runoff, surface flow and seepage from the area above thereservoir and tributary thereto, and water tributary to Tenmile Creek a tributary of the Blue River. In


addition to the tributary area upstream of the reservoir, the specific points of diversion into storage forEagle Park Reservoir are as follows: The East Fork Interceptor Ditch, which has a capacity of 48 cfs anddiverts from unnamed tributaries of the East Fork of the Eagle River at the following points, all of whichare located in Eagle County, Colorado, 900 feet south of the north section line and 1100 feet west of theeast section line of Section 5, T. 8 S., R. 79 W., 6th P.M.; 1250 feet south of the north section line and 700feet east of the west section line of Section 4, T. 8 S., R. 79 W., 6th P.M.; 1200 feet north of the south sectionline and 800 feet east of the west section line of Section 33, T. 7 S., R. 79 W., 6th P.M.; Runoff, surface flow,and seepage from the area above the East Fork Interceptor Ditch as it runs between the above-describedpoints of diversion and Eagle Park Reservoir. The Chalk Mountain Interceptor Ditch, which has acapacity of 12 cfs and diverts runoff and seepage as it runs a distance of approximately 3.4 miles fromFremont Pass, located in the W/2 of Section 11, T. 8 S., R. 79 W., 6th P.M., northwesterly along StateHighway 91 and the South side of Robinson Tailing Pond, thence westerly to the south of ChalkMountain Reservoir and Robinson Reservoir, thence northwesterly to Eagle Park Reservoir. The ChalkMountain Interceptor Ditch diverts water from the headwaters of Tenmile Creek in Summit County andfrom the headwaters of the East Fork of the Eagle River in Eagle County. The East Interceptor Ditch,which has a capacity of 20 cfs and runs northeasterly from a point whence the northeast corner of Section2, T. 8 S., R. 79 W., 6th P.M. bears North 77°20' East a distance of 850 feet at the north fork of McNultyCreek, thence along the east side of Robinson and Tenmile Tailing Ponds into Supply Canal No.1described below. The East Interceptor Ditch diverts water from the north fork of McNulty Creek andsurface flow, seepage, and runoff from watersheds above it that are tributary to Tenmile Creek. TheSupply Canal No. 1, which has a capacity of 10 cfs and diverts water from the following tributaries ofTenmile Creek at the following points: On the west bank of Humbug Creek at a point whence thesouthwest corner of Section 18, T. 7 S., R. 78 W. bears South 71°35' West a distance of 3250 feet. On thesouth bank of Mayflower Creek at a point whence the northeast corner of Section 24, T. 7 S., R. 79 W., 6thP.M. bears North 16°55' East a distance of 2250 feet. Runoff, surface flow, and seepage from the areaabove the Supply Canal No. 1 as it runs between the above-described points of diversion and the ClimaxMill. The Supply Canal No. 2, which has a capacity of 10 cfs and diverts water from the followingtributaries of Tenmile Creek at the following points: On the west bank of Searle Creek at a point whenceU.S.L.M. Kokomo bears South 45°58' East 3740 feet (located in the NW1/4 of the SE1/4 of Section 13, T. 7S., R. 79 W., 6th P.M.); On the south bank of Kokomo Creek at a point whence U.S.L.M. Kokomo bearsNorth 39°36' east 2635 feet (located in the SE1/4 of Section 22, T. 7 S., R. 79 W., 6th P.M.); Runoff, surfaceflow, and seepage from the area above the Supply Canal No. 2 as it runs between the above-describedpoints of diversion and the Climax Mill. The East Fork Pumping Plant, which has a capacity of 6 cfs anddiverts from the East Fork of the Eagle River at a point in the SE1/4 NE1/4 of Section 32, T. 7 S., R. 79 W.,6th P.M. at a point whence the NE corner of said Section 32 bears N. 31°53' E. a distance of 2414 feet. TheEagle Park Reservoir Company must first receive the permission of Climax Molybdenum Company touse the East Fork Interceptor Ditch, Supply Canal No. 1 and Supply Canal No. 2 described above to divertwater into Eagle Park Reservoir. Nevertheless, the firm yield of the River District’s supply is notdependent on the use of those facilities. Arkansas Well, being the first 455 acre feet per year of historictransbasin diversions from an undivided 1/7th interest in and to that certain water right known as theStevens and Leiter Ditch, originally decreed by the Chaffee County District Court for 38 cfs with a prioritydate of September 1, 1873, as changed by the Chaffee County District Court, in Civil Action No. 5276, to anew point of diversion which is a well located in the E1/2 SE1/4 SE1/4 of Section 10, T. 8 S., R. 79 W. ofthe 6th P.M., whence the SE corner of Section 10 bears South 17°37' East, a distance of 364.8 feet, on theEast Fork of the Arkansas River in Lake County, Colorado, as said change was confirmed by the DistrictCourt in and for Water Division No. 2, in Case No. 91CW028, providing that said water could be diverted


at the rate of 1.086 cfs, with an annual volumetric limit of 786 acre feet, to the Colorado River Basin for useand disposition there, without any return flows to the Arkansas River Basin, together with the right touse, reuse and successively use said water to extinction. At such time as the East Fork Pumping Plantdescribed above is fully operational, the Arkansas Well water will no longer be needed and the RiverDistrict’s supply will be obtained from Eagle Park Reservoir. Exchange Supply. Pursuant to aMemorandum of Understanding dated effective as of April 21, 1998 (the "MOU") among the City ofAurora, the City of Colorado Springs, the River District, Climax Molybdenum Company, Vail Associates,Inc., the Upper Eagle Regional Water Authority, and the Eagle River Water & Sanitation District; and theWater Exchange Agreement dated June 17, 1998 among Aurora, Colorado Springs, and the Eagle ParkReservoir Company, Aurora and Colorado Springs agreed to make up to 500 acre feet of water availablefor West Slope use from facilities owned and operated by Aurora and Colorado Springs in exchange forup to 800 acre feet of replacement water from the West Slope participants. The River District's 100 sharesof Class B stock in the Eagle Park Reservoir Company entitle the River District to up to 100 acre feet peryear of consumptive beneficial use water to be derived from fully consumable water annually diverted byand/or stored in the following structures owned and controlled by Aurora and Colorado Springs:Homestake Project. Homestake Reservoir, also known as Elliott-Weers Reservoir, was decreed by theEagle County District Court in Civil Action No. 1193 for 83,338.98 acre feet conditional, 43,504.7 acre feetof which is now absolute. This reservoir is located on Homestake Creek with a dam being locatedwhence the NW Corner of Section 31, T. 7 S., R. 80 W., 6th P.M. bears N. 58°30.6' E. 24,659 feet from theEast dam abutment and N. 62°25.8' E. 25,746 feet from the West dam abutment. The sources of supply ofsaid Reservoir are the East Fork of Homestake Creek, the Middle Fork of Homestake Creek andHomestake Creek. Camp Hale Project. Aurora and Colorado Springs may provide to the River Districtwater released from those surface and ground water storage rights sought by Aurora and ColoradoSprings in Cases No. 88CW449 and 95CW272, District Court for Colorado Water Division No. 5. RiverDistrict Contractors’ use of augmentation water from Homestake Reservoir made available throughcontract or other arrangement with the Eagle Park Reservoir Company shall be dependent upon thecontinued existence of, and conditions set forth in, the Water Exchange Agreement dated June 17, 1998between the Cities of Aurora and Colorado Springs and the Eagle Park Reservoir Company, togetherwith any modifications thereto, or constraints thereon, as may be necessitated by the decree entered inCase No. 98CW270, Water Division No. 5 (which at this time is not decreed). Statement of Plan forAugmentation pursuant to C.R.S. 37-92-103(9), 302(1), and 305(8): By this application, the Town ofGypsum seeks approval of a plan to augment out of priority depletions resulting from the diversions atthe structures described in the application, up to a maximum of 20 acre-feet per year. The Town ofGypsum will cause the release by request to the Colorado River Water Conservation District under itsWater Supply Contract at the locations described in the application, which will augment such out ofpriority depletions. To insure that the augmentation plan operates properly, the Town of Gypsum willinstall and maintain water measuring devices and implement accounting procedures as are required toverify that the augmentation water amount equals the consumptive use amount resulting from the out ofpriority diversions augmented under this plan. Applicant also requests that the Court grant that the 20acre-feet which the Applicant may receive under the Water Supply Contract with the Colorado RiverWater Conservation Board a right to exchange. The exchange requested is to allow storage at Eye Lake,and is for a maximum flow rate of 2.5 cfs. The exchange stretch is between the confluence of GypsumCreek and the Eagle River, to the point of diversion for Eye Lake Supply Ditch described in theapplication. (9 pages)


25. 99CW300 GARFIELD COUNTY - COLORADO RIVER; GROUND WATER TRIBUTARY TOPARACHUTE CREEK; PARACHUTE CREEK AND ITS TRIBUTARIES, ALL TRIBUTARY TOCOLORADO RIVER. American Soda, L.L.P., a Colorado Limited Liability Partnership, c/o LoriSatterfield, Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602. Application forChange of Water Rights. Decreed names of structures for which changes are sought: Parachute CreekReservoir, Pumping Pipeline of Union Oil Company of California, Union 76 Water Well Nos. 1, 1A, 2, 3, 4and 5. Information from previous Decree for Parachute Creek Reservoir. Date Entered: 7/26/71. CaseNo. W-252, Water Div. No. 5, Dist. Ct. Decreed legal description: the intersection of center line of thedam axis with the center line of Parachute Creek which is located at a point whence the S¼ corner of Sec.36, T. 5 S., R. 96 W. of the 6th P.M., bears N. 6°42' E. a distance of 9,049.8 ft. Source: Parachute Creek andall its tributaries, all of which are tributary to the Colorado River, and the Colorado River from whichwater will be diverted and carried to said reservoir by means of Applicant's interest in the PumpingPipeline of Union Oil Company of California. Pursuant to the Decree entered in Case No. W-2206, thereservoir can also be filled and refilled with certain historic consumptive-use credits associated withirrigation in the Roaring Fork River drainage and Parachute Creek drainage. Appropriation Date:12/15/66. Decreed Amt.: 33,773 AF (conditional), of which Applicant owns 3,366 AF (Applicant ownsan undivided 19.93% interest as a tenant in common with Union Oil Company of California in one half ofthe reservoir). Decreed Uses: mining, retorting, refining, power, municipal, industrial, mechanical,domestic uses and purposes for which water may be required in connection with the production of shaleoil and its products. Historic Use: N/A. Information from previous Decrees for Pumping Pipeline. DateEntered: 9/5/52. Case No. C.A. 4004, Garfield Cty. Dist. Ct. Decreed point of diversion: the intake islocated at a point on the westerly or northwesterly bank of the Colorado River, whence the sec. cornercommon to Secs. 6 and 7, T. 7 S., R. 95 W. of the 6th P.M., and Secs. 1 and 12, T. 7 S., R. 96 W. of the 6thP.M. bears S. 89°05' W. 3364.65 ft. Appropriation Date: 2/14/49. Amt.: 118.5 cfs, of which Applicantowns 10 cfs. Decreed uses: industrial, retorting, mining, refining, power, domestic, and all otherpurposes used in connection with the production of shale oil and its products, and for water necessary orconvenient in the operation of such plants, and of the persons and lands used for the housing ofemployees of such company in connection with the plant and their families. Historic uses: The waterright was decreed for fully consumptive industrial and other purposes. Certain change decrees wereentered for the Pumping Pipeline right in Case Nos. W-3946, 81CW319, 83CW349 (including, forexample, to change the right from direct flow to include direct flow and storage for subsequent use, andto include irrigation for reclamation). In 83CW349, the Ct. also confirmed that the use of the PumpingPipeline was contemplated to be 100% consumptive (including use and reuse) dating back to the date ofthe original C.A. 4004 decree. Information From previous Decree for Union 76 Water Well No. 1. DateEntered: 10/11/72. Case No. W-1345. Water Court in and for Water Div. No. 5. Decreed point ofdiversion: situated in the NE¼ NE¼ of Sec. 36, T. 5 S., R. 96 W. of the 6th P.M., and is located at a pointwhence an iron post with a brass cap found in place and properly marked for the closing corner on thesec. line between Secs. 25 and 30 and the southerly line of Tract No. 37 bears N. 30°57'30" E. 589 ft.Appropriation Date: 7/1/55. Amt.: 0.52 cfs (236 gpm), absolute. Decreed uses: domestic, industrial,stock watering, fire protection, and other beneficial purposes. Historic uses: The right was diverted andused in conjunction with UNOCAL’s project for domestic, industrial and fire protection purposes. Union76 Water Well No. 1 is an alternate point of diversion for certain of Applicant’s water rights described inthe decree in Case No. W-2206, Water Div. No. 5. Union 76 Water Well No. 1 is also a decreed alternatepoint of diversion for 2.75 cfs of the Pumping Pipeline, see Case No. W-3946. Information from previousDecree for Union 76 Water Well No. 1A. Date Entered: 8/14/80. Case No. 79CW328, Dist. Ct., WaterDiv. No. 5. Decreed point of diversion: located in the NE¼ NE¼ of Sec. 36, T. 5 S., R. 96 W. of the 6th


P.M. at a point 575 ft. S. of the N. line and 320 ft. W. of the E. line of said Sec. 36. Appropriation Date:10/13/77. The well was approved as a supplemental well for the Union 76 Well No. 1 (Permit No. 6045-F). Union 76 Well No. 1A was completed and the water first applied to beneficial use on 1/12/78. Amt:In Case No. 79CW328, Union 76 Well No. 1A was decreed absolute for 0.52 cfs for livestock watering, fireprotection, and irrigation; and conditional for domestic, commercial, municipal, industrial, oil shalemining and processing. In Case No. 84CW126, the conditional uses were decreed absolute. The pumpingrate and average annual appropriation of Well Nos. 1 and 1A combined are limited to 236 gpm and 381AF, respectively. Decreed use: see above. Historic use: The right was diverted and used in conjunctionwith UNOCAL’s project for domestic, industrial and fire protection purposes (see also above). Union 76Water Well No. 1A is an alternate point of diversion for certain of Applicant’s water rights described inthe decree in Case No. W-2206. Union 76 Water Well No. 1A is also decreed as an alternate point ofdiversion for 2.75 cfs of the Pumping Pipeline, see Case No. W-3946. Information from previous Decreesfor Union 76 Water Well Nos. 2 through 5. Date Entered: 3/14/85. Case No. 82CW380. Water Ct.,Water Div. No. 5. Decreed points of diversion: (1) Union 76 Water Well No. 2 is located in the SE¼ NE¼of Sec. 36, T. 5 S., R. 96 W., of the 6th P.M., at a point 1550 ft. from the N. sec. line and 550 ft. from the E.sec. line of said sec. (2) Union 76 Water Well No. 3 is located in the NE¼ SE¼ of Sec. 36, T. 5 S., R. 96 W.,of the 6th P.M., at a point 1950 ft. from the S. sec. line and 850 ft. from the E. sec. line of said sec. (3) Union76 Water Well No. 4 is located in the SE¼ SE¼ of Sec. 25, T. 5 S., R. 96 W., of the 6th P.M., at a point 1300ft. from the S. sec. line and 650 ft. from the E. sec. line of said sec. (4) Union 76 Water Well No. 5 islocated in the SE¼ SE¼ of Sec. 25, T. 5 S., R. 96 W., of the 6th P.M., at a point 400 ft. from the S. sec. lineand 350 ft. from the E. sec. line of said sec. Appropriation Date: 12/4/80. Amt. and uses: (1) Absolute forindustrial purposes - Union 76 Water Well No. 2: 0.495 cfs (222 gpm); Union 76 Water Well No. 3: 0.524cfs (235 gpm); Union 76 Water Well No. 4: 0.557 cfs (250 gpm); Union 76 Water Well No. 5: 0.557 cfs (250gpm). (2) Conditional for industrial purposes - Union 76 Water Well No. 2: 0.062 cfs (28 gpm); Union 76Water Well No. 3: 0.033 cfs (15 gpm). (3) Conditional for domestic, municipal, irrigation, and all otheruses related to the provision of a water supply for oil shale mining, processing and refining facilities andoperations, including storage for such purposes, in the amt. of 0.557 cfs (250 gpm) for each well. Historicuse: The rights were diverted and used in conjunction with UNOCAL’s project for domestic, industrialand fire protection uses. See also above. These wells are alternate points of diversion for certain ofApplicant's water rights described in the decree in Case No. W-2206, and alternate points of diversion fora portion of the Pumping Pipeline under the W-3946 decree. Applicant's predecessors have maintaineddiligence on these rights in Case Nos. 89CW58 (wherein portions were also made absolute), and 97CW58.Diversions from the wells were contemplated to be 100% consumptive. Proposed change of subject waterrights: (1) The subject water rights are already decreed for industrial purposes (among other purposes),including for oil shale mining and development. Applicant seeks a decree confirming that the rights maybe used by Applicant in connection with all aspects of its industrial project to extract nahcolite and otherminerals, including oil shale. Applicant's contemplated use of the subject water rights includes theexisting decreed uses, and all industrial, commercial, mining, augmentation, and domestic usesassociated with Applicant’s project, including as may be needed for reclamation. (2) In addition to theplaces of use in the Colorado River basin and Piceance Creek basin contemplated in the prior decrees,Applicant seeks confirmation that use of the subject water rights may be made upon leased project landslocated as described below, and such other lands that may be permitted or leased in the future in thePiceance Creek and Colorado River basins for Applicant's industrial project. (3) Applicant does notherein seek to amend the augmentation plan decreed for the water rights in Case No. W-2206, Water Div.No. 5. The contemplated consumptive use of the subject rights, including uses in the Colorado River andPiceance Creek basins, was one-hundred percent. No enlarged use of the subject water rights will occur


beyond that already contemplated and decreed in the above-referenced Decrees. No injury will occur toother vested or decreed conditional water rights as a result of entry of a decree that changes the subjectwater rights and confirms their use for Applicant's mine project, as herein described.Name of owner ofland on which structures are located: Applicant. Place of use will occur on lands owned or leased byApplicant. Leased project lands: The following lands, identified by federal lease number, are subject topreference right sodium leases issued by the U.S. pursuant to the Mineral Leasing Act. These are thesubject matter of mineral lease exchanges proposed by BLM under 43 CFR Subpart 3508 (1998).Preference Right Sodium Lease No. C-0118328, dated 1/30/92, and recorded 1/30/92, as Reception No.244934 in Book 494 at page 287 in the Office of the Clerk and Recorder, Rio Blanco Cty., CO, covers thefollowing lands: T. 1 S., R. 97 W., 6th P.M.: Sec. 15: E½Nw¼, Nw¼Nw¼, Sw¼Sw¼, and E½SE¼; Sec. 16:All; Sec. 17: All; Sec. 18: Lots 1 to 4, inclusive, E½ and E½W½; and Sec. 21: Nw¼Ne¼, Nw¼, andNe¼Sw¼. Preference Right Sodium Lease No. C-0118329, dated 1/30/92, and recorded 1/30/92, asReception No. 244935 in Book 494 at page 294 in the Office of the Clerk and Recorder, Rio Blanco Cty.,CO, covers the following lands: T. 1 S., R. 97 W., 6th P.M.: Sec. 19: Lots 1 to 4, inclusive, E½ and E½W½;Sec. 20: All; Sec. 21: S½Sw¼ and E½Se¼; Sec. 22: Lots 1 to 14, inclusive; Sec. 28: E½Ne¼, Sw¼Ne¼, andW½Nw¼; and Sec. 29: N½. Preference Right Sodium Lease No. C-0120057, dated 3/1/92, covers thefollowing lands: T. 2 S., R. 98 W., 6th P.M.: Sec. 3: Lots 16 to 19, inclusive; Sec. 4: Lots 5 to 20, inclusive;Sec. 5: Lots 1 to 3, inclusive, S½Ne¼, Se¼Nw¼, Ne¼Sw¼, S½Sw¼, and Se¼; Sec. 8: All; and Sec. 9:N½N½, Sw¼Ne¼, and S½Nw¼.(10 pages)

26. 99CW301 GARFIELD COUNTY, COLORADO RIVER. Thomas LaFrenz, c/o Jefferson V.Houpt, Caloia & Houpt, P.C., 1204 Grand Ave., Glenwood Springs, CO 81601 (970) 945-6067.APPLICATION FOR WATER RIGHT AND WATER STORAGE RIGHT. 1st Claim. Name: LaFrenzSpring. Location: The point of diversion is located in the SE ¼ of the NW ¼ of Section 25, Township 5South, Range 92 West of the 6th P.M. at a point 2,570 feet from the west section line and 2,845 feet fromthe south section line. Source: Spring water tributary to the Colorado River. Appropriation date: 11/1/1999,by field survey. Amount: 25 g.p.m. (0.056 c.f.s.), conditional. Proposed uses: Recreation, piscatorial, wildlife,stock watering, irrigation, aesthetic and filling the LaFrenz Pond. Number of acres to be irrigated:approximately 7.0 acres. The point of diversion and place of use are on the LaFrenz property. 2nd claim.Name: LaFrenz Pond. Location of Dam: the location of the dam centerline at the outlet pipe is in the NE ¼of the SW ¼ of Section 25, T5S, R92W of the 6th P.M. at a point 2,520 feet from the west section line and2,565 feet from the south section line. Source: The pond is filled by the LaFrenz Spring and local runofftributary to the Colorado River. Appropriation date: 11/1/1999, by field survey. Amount claimed: 1.75 acre-feet, conditional, with right to fill and refill in priority. Proposed uses: Recreation, piscatorial, wildlife, stockwatering, irrigation and aesthetic. Pond/Dam Information: Surface Area at high water line: 0.40 acre.Maximum Height of Dam: 10 feet. Length of Dam: 170 feet. Total Capacity of Pond/Dam: 1.75 acre feet. Allstorage is active and there is no dead storage. The pond and dam are located on the LaFrenz property.When the water rights for LaFrenz Spring and LaFrenz Pond are out of priority, Applicant may irrigatethe acreage irrigated by these rights with water delivered under Applicant's shares of Farmers IrrigationCompany. (3 pages.)

27. 99CW302 ROUTT COUNTY - RED DIRT CREEK, EGERIA CREEK, ROCK CREEK,COLORADO RIVER. Kirby Ranch; c/o Leroy, Rick & Travis Kirby; P.O. Box 274; McCoy, CO 80463970-653-4216. Grimes Ditch - Application for Change of Water Right. Decreed: February 7, 1956, CA1123, Eagle County District Court. Location: the headgate is located on the west bank of Red Dirt Creekat a point whence the SE corner of Sec. 14, T. 1 S., R. 84 W., 6th P.M. bears South 12°49', East 2,238.0 feet.


Appropriation: December 31, 1903. Amount: 10.30 CFS (5% of or 0.52 CFS). Use: this 5% of the GrimesDitch has historically been used for irrigation of 15 acres of land in the NESE Sec. 23 and the NWSW Sec.24, T. 1 S., R. 84 W., 6th P.M. Proposed change: applicant seeks to add 4 alternate points of diversion forhis 5% of the Grimes Ditch, located at the following existing headgates (all located in T. 1 S., R. 84 West6th P.M.) Alternate Point 1: Kirby Jones Ditch HG 2 - NENENE Sec. 4 - 50 feet from east line & 470 feetfrom north line; Alternate Point 2: Kirby Ditch - NWNWNW Sec. 10 - 500 feet from west line & 400 feetfrom north line; Alternate Point 3: Kirby Jones Ditch HG 1: - NWNENE Sec. 9 - 800 feet from east line &425 feet from north line; Alternate Point 4: Kirby Wastewater Ditch - NWNENE Sec. 3 - 1,250 feet fromeast line & 550 feet from north line. All four of these structures are located on Red Dirt Creek ortributaries of Red Dirt Creek. Use of Grimes Ditch water at any or all 4 alternate points of diversion willbe irrigation of no more than 15 acres in the north half of Sec. 10 and in the south half of Sec. 3, T. 1 S., R.84 W., 6th P.M.; also stock water and domestic uses. (2 pages)

28. 99CW303 MESA COUNTY, COLORADO RIVER, WATER DIVISION 5DISTRICT COURT, WATER DIVISION NO. 5, COLORADOAPPLICATION FOR SURFACE WATER RIGHTS AND FOR WATER STORAGE RIGHT. 1. Name,address, telephone number of applicant: United States of America, c/o Amelia S. Whiting, SpecialAssistant United States Attorney, Rocky Mountain Regional Solicitor's Office, 755 Parfet St., Suite 151,Lakewood, CO 80215. Telephone (303) 231-5353. Extension 447. 2. Name of structures: Big Salt Diversion,Big Salt Reservoir. 3. Legal description of each point of diversion: Big Salt Diversion: Located on publiclands in the NW/4 SW/4, Section 1, T9S R102W, Sixth P.M., approximately 2850 feet south of the northsection line, and 4650 feet west of the east section line. Big Salt Reservoir: A. Location of dam: The damwill be located in the NW/4 SW/4, Section 1, T9S R102W, Sixth P.M., approximately 3150 feet south ofthe north section line and 4550 feet west of the east section line. B. If off-channel reservoir, name andcapacity of ditch used to fill reservoir: Big Salt Diversion, as described in this application. 4. Source: BigSalt Wash/Colorado River. 5. A. Date of appropriation: 12/31/1999. B. How appropriation wasinitiated: BLM completed the planning and design process, staked the diversion point, and filed anapplication with the water court to provide notice to other water users. C. Date water applied tobeneficial use: not applicable. 6. Amount claimed: Big Salt Diversion: 0.25 cfs, conditional. Big SaltReservoir: A. In acre-feet: 0.88 acre-feet, conditional. B. Rate of diversion: 0.25 cfs, conditional. C.Proposed surface area of high water line: 0.45 acres. (1) Maximum height of dam in feet: 8 feet (2)Length of dam in feet: 100 feet. D. Total capacity of reservoir in acre feet: 0.88 acre-feet. (1) Activecapacity: 0.88 acre-feet. (2) Dead storage: 0 acre-feet. 7. Use or proposed use: Livestock watering andwildlife watering. Big Salt Diversion will be used to fill Big Salt Reservoir, an off-channel reservoir,during the grazing season for Allotment 6501, which supports a herd of up to 200 cattle. BLM requestsauthorization to fill and refill the reservoir multiple times as needed during periods of grazing use. Inaddition, the diversion will provide water for deer, small non-game mammals and birds. 8. Name andaddress of owner of land on which points of diversion and place of use are located: United StatesDepartment of the Interior, Bureau of Land Management, Grand Junction Resource Area, 2815 H Road,Grand Junction, CO 81506. (4 pages)

29. 99CW304 GRAND COUNTY - COLORADO RIVER. William Potter Johnson and Pauline R.Johnson, 5302 Light House Bay Drive, Madison, WI 53704, (608) 2438480, c/o Stanley W. Cazier, Baker,Cazier and McGowan, Box 500, Granby, CO 80446, (970) 887-3376. Name of structure: Johnson HouseDiversion. Type of application: APPLICATION FOR WATER RIGHTS AND APPROVAL OFAPPROPRIATIVE RIGHT OF EXCHANGE. Application for Water Rights: Legal Description of Points


of Diversion: Parcel B, Unamended Fletcher Thomas Outright Exemption, Reception No. 99007332, GrandCounty, Colorado. The Point of Diversion is approximately 40 feet east of the NW Corner of said tract.Source: Grand Lake, tributary to the Colorado River. Date of initiation of appropriation: November 24,1999. How appropriation was initiated: Formulating intent, plotting location, receiving approval ofWindy Gap Contract. Amount claimed: .033 cfs conditional (15 gpm). Not more than one-half acre footper year. Type of Use: In-house domestic use with 100 square feet of outside irrigation. AppropriativeRight of Exchange: Source of Exchange Water: Applicant has been approved for a Water AllotmentContract dated November 24, 1999, with the Middle Park Water Conservancy District for the right to anannual entitlement of 0.5 acre feet of water. This water is a portion placed in storage in Granby Reservoir,which is located upstream of the confluence of the Fraser and Colorado Rivers, on the Colorado River,Grand County, Colorado. Additional provisions of this Agreement are outlined in the AgreementConcerning the Windy Gap Project and the Azure Reservoir and Power Project, Dated and Signed April30, 1980 and approved by Water Court, Water Division No. 5, Civil Action 1768, by Interlocutory Decreedated October 27, 1980, and Supplement to Agreement of April 30, 1980, duly decreed in Case No.85CW135. Alternatively, Wolford Mountain Reservoir: Applicants will use a portion of the storage rightadjudicated in Case No. 87CW283, decree entered November 20, 1989, District Court, Water Division No.5. Wolford Mountain Reservoir is located in the SW1/4NE1/4 of Section 25, T2N, R81W of the 6th P.M.Location to which exchange is to be made: Same as Point of Diversion above. Description of ProposedExchange: Water derived from the Water Allotment Contract will be released or made available fromGranby Reservoir or Wolford Mountain Reservoir on request of the Applicant. Applicants’ entire one-half acre foot shall be provided which shall be adequate to replace Applicants’ diversions which shall notexceed one-half acre foot. Date claimed for this right is November 24, 1999. (5 pages)

30. 99CW305 GRAND AND SUMMIT COUNTIES, APPLICATION FOR AMENDMENT TOAUGMENTATION PLAN, INCLUDING NEW WATER RIGHTS OF GALLOWAY, INC. 1. Name,Address and Telephone Number of Applicant. Galloway, Inc., d/b/a Blue Valley Ranch, 6921 Highway9, P.O. Box 1120, Kremmling, CO 80459, (970) 724-3768. Direct all pleadings to: Michael F. Browning,Porzak Browning & Johnson LLP, 929 Pearl Street, Suite 300, Boulder, CO 80302, (303) 443-6800. 2.Overview. Applicant obtained approval of an existing augmentation plan by decree of this Court in CaseNo. 93CW293 entered on May 16, 1995 (the "Existing Aug Plan"). The Existing Aug Plan augmentedvarious then anticipated uses of water to be made in connection with Applicant's property located inGrand County, Colorado known as the Blue Valley Ranch, and formerly known as the Eagle Pass Ranch(the "Ranch"). The actual and anticipated uses of water on the Ranch have changed since entry of theExisting Aug Plan and the Applicant desires to amend and supplement the Existing Aug Plan to reflectcurrently existing or contemplated water uses on the Ranch that require augmentation. Section 3 belowsets forth new junior water rights claimed in connection with the Ranch which will be augmentedhereunder. Section 4 describes various water uses and water rights described in the Existing Aug Planthat are no longer desired. Section 5 provides additional information about the Eagle Pass Ranch Pondsaugmented under the Existing Aug Plan. Section 6 describes additional field irrigation that is to beaugmented hereunder. Section 7 describes the proposed reduction in the amount of augmentation waterunder the Existing Aug Plan, as amended herein. Section 8 summarizes the various changes to operationof the augmentation plan proposed by Applicant. 3. New Water Rights. The following new absolutewater rights are claimed in connection with the Ranch (the "New Water Rights"): (a) Eagle Pass RanchSpring No. 1. The Existing Aug Plan decreed a conditional water right to the Eagle Pass Ranch SpringNo. 1 for 50 gpm for domestic purposes with an appropriation date of September 28, 1993. Eagle PassRanch Spring No. 1 is located in the NE1/4NW1/4 of Section 5, T. 1 S., R. 80 W., 6th P.M. at a point


whence the NE corner of said Section 5 bears N. 67° E., approximately 3,500 feet, which point isapproximately 800 feet from the north line and 1,750 feet from the west line of said Section 5. Applicantseeks a new water right for this spring to allow its use for landscape irrigation in addition to domesticuse. The same 50 gpm is claimed for this new use. An appropriation date for the new use is claimed as ofthe filing date of this application. The source of the spring is groundwater tributary to the Blue River. (b)Eagle Pass Ranch Spring No. 2. The Existing Aug Plan decreed a conditional water right to the Eagle PassRanch Spring No. 2 for 50 gpm for domestic purposes with an appropriation date of September 28, 1993.Eagle Pass Ranch Spring No. 2 is located in the NW1/4NW1/4 of Section 8, T. 1 S., R. 80 W., 6th P.M. at apoint whence the SE corner of said Section 8 bears N. 43° E., approximately 6,700 feet, which point isapproximately 200 feet from the north line and 1,000 feet from the west line of said Section 8. Applicantseeks a new water right for this spring to allow its use for landscape irrigation and stockwater in additionto domestic use. The same 50 gpm is claimed for these new uses. An appropriation date for the new usesis claimed as of the filing date of this application. The source of the spring is groundwater tributary to theBlue River. (c) Blue Valley Ranch Well No. 2. The Blue Valley Ranch Well No. 2 is located in theSE1/4SE1/4 of Section 32, T. 1 N., R. 80 W., 6th P.M. at a point approximately 200 feet from the south lineand 310 feet from the east line of said Section 32. The well withdraws groundwater tributary to the BlueRiver. Applicant claims a water right for the well in the amount of 25 gpm for landscape irrigation anddomestic uses. An appropriation date is claimed of July 16, 1997, the date the well permit was issued. (d)Blue Valley Ranch Working Headquarters Well No. 1. This well is located in the NE1/4SW1/4 of Section5, T. 1 S., R. 80 W., 6th P.M. at a point approximately 2,900 feet from the north line and 1,500 feet from thewest line of said Section 5. The well withdraws groundwater tributary to the Blue River. Applicantclaims a water right for the well in the amount of 50 gpm for landscape irrigation, domestic andstockwater. An appropriation date is claimed of August 13, 1998, the date the well permit was issued. (e)Blue Valley Ranch Irrigation Sump No. 1. This sump is located in the SE1/4SE1/4 of Section 32, T. 1 N.,R. 80 W., 6th P.M. at a point approximately 250 feet from the south line and 1,300 feet from the east line ofsaid Section 32. The sump consists of a small submersible pump installed in an underground manholethat collects groundwater tributary to the Blue River from a perimeter drain surrounding the main Ranchhouse. Applicant claims a water right for the sump in the amount of 50 gpm for landscape irrigation. Anappropriation date is claimed of July 1, 1996, the date the related landscape irrigation system wasinstalled. (f) Blue Valley Ranch Irrigation Sump No. 2. This sump is located in the SW1/4SW1/4 ofSection 5, T. 1. S., R. 80 W., 6th P.M. at a point approximately 75 feet from the south line and 1,050 feetfrom the west line of said Section 5. The sump consists of a structure used to divert water from a smallexisting pond referred to in the Existing Aug Plan as Pond M-1. The source of the sump is water tributaryto the Blue River. Applicant claims a water right for the sump in the amount of 50 gpm for landscapeirrigation and stockwater. An appropriation date is claimed of September 1, 1996, the date the relatedirrigation system was installed. (g) Blue Valley Ranch North Spruce Creek Diversion. Seedescription set forth in Section 6 below. 4. Water Rights to Be Deleted. The Existing Aug Plan decreedconditional water rights to (a) the Eagle Pass Ranch Ditch, consisting of ten separate headgates describedin Section 5(a) of the Existing Aug Plan, and (b) the Eagle Pass Ranch Diversion & Pump Stationdescribed in Section 5(b) of the Existing Aug Plan (collectively, the "Back-Up Water Rights"). As stated inSection 8(n) of the Existing Aug Plan, the Back-Up Water Rights were decreed in order to provide asupply of irrigation water to the Ranch in the event the Applicant's existing senior irrigation rightsassociated with the Hoagland Canal were lost as result of the exercise of a repurchase option held by athird party. That repurchase option expired without its exercise and therefor the existing seniorHoagland Canal rights remain available for irrigation on the Ranch. Accordingly, upon entry of a decreeapproving this application, Applicant will abandon the Back-Up Water Rights. A major component of the


Existing Aug Plan related to augmentation of out of priority diversions by the Back-Up Water Rights.With the abandonment of the Back-Up Water Rights, augmentation of the Back-Up Water Rights will nolonger be needed. Applicant seeks to delete all terms and conditions in the Existing Aug Plan that relateto augmentation of the Back-Up Water Rights. 5. Eagle Pass Ranch Ponds. The Existing Aug Planprovides for the replacement of evaporative losses from the Eagle Ranch Pass Ranch Ponds which consistof small, shallow storage ponds with a total surface area not to exceed 150 acres used for in-placepiscatorial, wildlife habitat and recreational purposes. No water storage rights are decreed to the Pondsand they are allowed under the Existing Aug Plan to be located anywhere on the Ranch. Some of theseponds have now been constructed and the location and size of the current Ponds is forth on Exhibit Aattached hereto. Some of the Ponds are located in meadow areas that have been and will continue to beirrigated by Applicant's existing senior irrigation rights. In addition to continued irrigation during theirrigation season, Applicant desires to flood such areas with shallow water from the Blue River during thefall months of September, October and November to provide additional waterfowl habitat. Accordingly,net evaporative losses will be augmented during the months that such Ponds contain water. 6.Additional Field Irrigation. A new alfalfa field was recently placed into production in the NW1/4 ofSection 17, T. 1 S., R. 80 W., 6th P.M. consisting of approximately 35 acres (the "New Field") and anadditional field of up to 40 acres is planned in the SW1/4 of said Section 17 (the "Future Field"). The NewField is irrigated, and the Future Field will be irrigated, with water diverted from North Spruce Creek, attributary of the Blue River, at a point in the NW1/4NE1/4 of Section 30, T. 1 S., R. 80 W., 6th P.M.whence the NE corner of said Section 30 bears N. 85° E., approximately 2,000 feet (the "Blue Valley RanchNorth Spruce Creek Diversion"). Water so diverted is carried by ditch and pipeline to the New Field andFuture Field. A water right is claimed for the Blue Valley Ranch North Spruce Creek Diversion for 1.65cfs for irrigation with an appropriation date of December 1, 1998, the date construction began on thedelivery system to the New Field and Future Field. Of this 1.64 cfs, 0.75 cfs is claimed absolute based onactual use on the New Field, and 0.9 cfs is claimed conditional for the Future Field. The consumptive useassociated with use of this new irrigation water right will be augmented hereunder. Applicant believesthat this irrigation will consume approximately 131 acre feet per year, based on a net irrigationrequirement of 2.5 acre feet per year and an irrigation efficiency of 70%. 7. Reduction in AugmentationWater. The Existing Aug Plan contemplated that Applicant would secure a lease from the U.S.Department of Interior, Bureau of Reclamation of 3,500 acre feet of water annually from Green MountainReservoir, which reservoir was decreed by the United States District Court in Consolidated Case Nos.2782, 5016 and 5017 for 154,645 acre feet with an appropriation date of August 1, 1935. As a result of theabandonment of the Back-Up Water Rights and their deletion from the Existing Aug Plan as described inSection 4 above, the amount of augmentation water required will be significantly reduced. As a result,the actual Green Mountain Reservoir contract obtained by Applicant is for 2,000 acre feet annually, not3,500 acre feet. It is expected that the amount of augmentation water required to fully augment out ofpriority diversions pursuant to the Existing Aug Plan, as amended hereby, will be less than 235 acre feetper year. Applicant claims the right to use any amount of its 2,000 acre feet of Green Mountain Reservoirwater that is not required to replace out of priority depletions under the Existing Aug Plan, as amendedhereby, for other purposes. 8. Changes in Operation of Aug Plan. Applicant seeks to amend thedescription of the operation of the Existing Aug Plan as follows: (a) To add the New Water Rights aswater rights to be augmented. The out of priority depletions associated with the New Water Rights willbe calculated as follows: (i) domestic uses and stockwater will be deemed 100% consumptive; and(ii) landscape irrigation will be deemed to consume 1.8 acre feet per acre; (b) To abandon the Back-UpWater Rights and delete all terms and conditions of the Existing Aug Plan related thereto; (c) To providethat those Eagle Pass Ranch Ponds that do not hold water on a year-round basis need to be augmented


only during those months that they contain water; (d) To augment the consumptive irrigationrequirement associated with the New Field; (e) To reduce the amount of augmentation water to thatportion of Applicant's 2,000 acre feet of leased Green Mountain Reservoir water annually as is necessaryto augment the out of priority depletions under the Existing Aug Plan, as amended hereby. Except asamended hereby, the Existing Aug Plan shall remain in full force and effect. For clarity, Applicantanticipates presenting to the Court an amended and restated augmentation plan that would reflect theabove described changes, as well as the surviving provisions of the Existing Aug Plan. 9. Other Matters.(a) Maps are attached hereto as Exhibits B and C depicting the location of the New Water Rights, thecurrent Eagle Pass Ranch Ponds, the New Field and the Future Field. (b) All of the structures describedin this Application except Green Mountain Reservoir are located on land owned by Applicant. GreenMountain Reservoir is owned by the United States of America. (9 pages)

31. 99CW306 APPLICATION FOR CHANGE OF WATER RIGHT AND APPROVAL OF PLAN FORAUGMENTATION. Applicant: Board of County Commissioners; Pitkin County, John M. Ely, PitkinCounty Attorney, 530 East Main Street, Aspen, Colorado 81611, (970) 920-5190, Timothy J. Beaton, Moses,Wittemyer, Harrison and Woodruff, P.C., Special Water Counsel, P.O. Box 1440, Boulder, Colorado80306, (303) 443-8782. Decreed names of structures for which change is sought: Stapleton Brothers'Ditch. From previous decree: Date entered: October 16, 1933. Case No.: Civil Action No. 3000 Court:Pitkin County District Court. Decreed point of diversion: The point of diversion is located on the WestBank of Maroon Creek at a point whence the North 1/4 corner of Section 11, Township 10 South, Range85 West of the 6th P.M. bears North 11° 40' East a distance of 8,049.6 feet. Source: Maroon Creek, tributaryof the Roaring Fork River, tributary of the Colorado River. Appropriation date and amount: June 30,1904 for 8 cubic feet per second. Historic use: The Stapleton Brothers' Ditch water right was decreed forirrigation of approximately 400 acres of land owned by the Stapleton brothers in Sections 27, 28, 33 and 34in T9S, R85W of the 6th P.M., Pitkin County, Colorado. (See Civil Action 3000, Pitkin County DistrictCourt, Decree dated October 16, 1933). Pitkin County acquired 136 acres of land for the Aspen-PitkinCounty Airport which were historically irrigated by the Stapleton Brothers' Ditch. (See map of airportarea depicting lands historically irrigated by the Stapleton Brothers' Ditch attached as Exhibit A).Increased use of such lands for airport purposes over time has resulted in a reduction of the number ofacres being irrigated by the Stapleton Brothers' Ditch. A summary of the diversion records for theStapleton Brothers' Ditch from 1969 through 1994 (attached as Exhibit B) depicts the amount of waterdiverted during that period for irrigating purposes; grass and alfalfa were grown in approximately equalportions on the 136 acres. According to the County's water engineer, historic consumption of water forirrigation of grass and alfalfa on the 136 acres has averaged 249 acre feet per year (136 acres x 1.83 acre-feet per acre consumptive use rate). Proposed Change: Change Requested: Pitkin County seeks approvalto divert all, or a portion, of the Stapleton Brothers' Ditch water right at the following additional, alternatepoints of diversion: (1) the Paepcke Well (Permit No. 4573), and (2) up to 15 proposed wells to be located,as needed, on Aspen-Pitkin County Airport property in Section 34, T9S, R85W and Section 3, T10S, R85Wof the 6th P.M., Pitkin County, Colorado. Water diverted at the alternate points of diversion will be used toirrigate 3 existing acres, and up to an additional 7 acres, of landscaped area near the airport terminal;these landscaped areas were not historically irrigated by the Stapleton Brothers' Ditch water right. Inaddition, water diverted at the requested alternate points of diversion will be used to irrigateapproximately 10 acres of grass and alfalfa which have been historically irrigated by the StapletonBrothers' Ditch water right. Pitkin County maintains its right to divert any portion or all of the StapletonBrothers' Ditch water right at the originally decreed location for the decreed purpose of irrigation,reduced by any diversions of such right at the proposed alternate points. Any excess historic


consumption credits will be used by Pitkin County, or sold or leased to other water users, as such newuses are approved by subsequent application to the Water Court. Location: The Paepcke Well (PermitNo. 4573) is located on Aspen-Pitkin County Airport land in the NE 1/4 of the SE 1/4 of Section 3Township 10 South, Range 85 West of the 6th P.M. in Pitkin County. The source of this well is groundwater tributary to the Roaring Fork River. Up to 15 additional wells are proposed to be located asneeded, not less than 600 feet from any well not owned by Pitkin County, on Aspen-Pitkin CountyAirport property in Section 34, T9S, R85W and Section 3, T10 S, R85W of the 6th P.M, Pitkin County,Colorado. The source of these wells is ground water tributary to the Roaring Fork River. Use: PitkinCounty seeks approval to use water diverted at the additional alternate points of diversion for theoriginally decreed purpose of irrigation and, as to any remaining excess historic consumptive use creditsof the Stapleton Brothers' Ditch water right, to reuse and successively use and dispose of such credits toextinction for any lawful purpose, including sale, lease or transfer to other water users. Amount: Waterdiverted at the alternate points of diversion under the Stapleton Brothers' Ditch priority is estimated to beconsumed in amounts up to 18.7 acre-feet of water per year for irrigation of the existing and proposedlandscaped areas, and up to 18.3 acre-feet for irrigation of approximately 10 acres of existing grass andalfalfa fields. As described above, any excess historic consumption credits will be used by Pitkin County,sold or leased to other water users, with such new uses being approved by subsequent application to theWater Court. Statement of Plan for Augmentation pursuant to C.R.S. §§ 37-92-103(9), 302(1)(2) and 305(8).Name of Structures to be Augmented: Paepcke Well (Permit No. 4573) and up to 15 proposed wells to belocated on Aspen-Pitkin County Airport lands, not less than 600 feet from any well not owned by PitkinCounty. Description of Augmentation Water: Pitkin County is applying for a water allotment contractwith the Basalt Water Conservancy District which will permit the County to augment any out-of-prioritydepletions with water stored in Ruedi Reservoir for the benefit of the Basalt District. Ruedi Reservoir islocated in parts of Sections 7, 8, 9, 11, 14, 15, 16, 17 and 18, Township 8 South, Range 84 West of the 6th

P.M. in Pitkin and Eagle Counties. The dam is located in the NW 1/4 of Section 18, Township 8 South,Range 84 West 6th P.M. The initial point of survey of the dam is on the right abutment thereof at a pointwhence the S.W. corner of Section 7, Township 8 South, Range 84 West, 6th P.M. bears North 68°58' Westat a distance of 1126 feet. Ruedi Reservoir is a component of the Fryingpan-Arkansas Project and wasoriginally adjudicated in Civil Action No. 4613, Garfield County District Court, on June 20, 1958, with anappropriation date of July 29, 1957; subsequently, in Case No. W-789-76 the decreed storage capacity forthe reservoir was reduced to 102,369 acre-feet. Ruedi Reservoir was originally authorized forconstruction by the Act of August 16, 1962 (76 Stat. 389) as amended by the Act of October 27, 1974 (88Stat. 1486) and the Act 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 contracted with the BasaltDistrict for an allotment of water. Description of Plan for Augmentation: Pitkin County intends to fileapplications to adjudicate junior water rights for the Paepcke Well, and the proposed wells as they aredrilled. When the wells are unable to divert under their own priorities, during times in which theStapleton Brothers' Ditch water right is in priority, Pitkin County will divert a portion or all of theStapleton Brothers' Ditch water right at the alternate points of diversion through the wells. When theStapleton Brothers' Ditch water right is not in priority, and the Paepcke Well and the proposed wells areunable to divert under their own priorities, out-of-priority depletions caused by the pumping of thesubject wells will be replaced by water released from Ruedi Reservoir pursuant to a water allotmentcontract with the Basalt Water Conservancy District. Depletions resulting to the Roaring Fork Riverduring times when the Stapleton Brothers' Ditch water right is in priority are estimated to total between


8.3 and 13.3 acre-feet per year; depletions during periods in which the Stapleton Brothers' Ditch waterright is not in priority are estimated to total between 20 and 25 acre-feet per year. However, because ofthe variability of well test data for the aquifer underlying the Aspen-Pitkin County Airport property, thetiming and amount of depletions resulting from the requested change cannot be accurately predicteduntil the proposed wells are actually drilled and tested. Pitkin County is applying to the Basalt WaterConservancy District for a water allotment contract in the amount of 25 acre-feet per year. Pitkin Countyrequests that this Court retain jurisdiction over this application until such time as the proposed wells aredrilled and tested, so that the timing and amount of depletions can be calculated in a reliable manner.Such retained jurisdiction would allow this Court to be satisfied that all out-of-priority depletions causedby the requested change will be augmented. Names and addresses of owners of land on which structuresare located: Board of County Commissioners, Pitkin County c/o John M. Ely, County Attorney, 530 EastMain Street, Aspen, Colorado 81611; Pitkin County respectfully requests the Court to award a decree:That confirms the historic consumption of water decreed to the Stapleton Brothers' Ditch to be 249 acrefeet per year. That approves the Change of Water Right and Plan for Augmentation described herein andfinds that the Change of Water Right and Plan for Augmentation will not cause injury to the owners ofabsolute water rights or decreed conditional water rights. (9 pages)

32. 99CW307 EAGLE COUNTY, Stuart Camps, Inc., 7177 Colorado River Rd., Gypsum, CO 81637,(970) 524-7766; Arthur B. Ferguson, Jr., Holland & Hart LLP, 600 E. Main St., Aspen, CO 81611 (970) 925-3476. APPLICATION FOR UNDERGROUND WATER RIGHT AND APPROVAL OF PLAN FORAUGMENTATION: APPLICATION FOR UNDERGROUND WATER RIGHT-Names of structures andlegal description of each point of diversion: Anderson Camp Well No.4, SE¼ NW¼ of Sec. 9,T.4S.,R.86W.of the 6th P.M., 1650’ from North section line, 3640’ from the East section line; Source: Ground watertributary to Sweetwater Creek, tributary to the Colorado River; initiation of appropriation: Sept. 30, 1995;appropriation initiated by formulation of intent to appropriate the water and the subsequent drilling ofthe well; water applied to beneficial use on Sept. 30, 1995; amount claimed: 0.067 cfs absolute; Use orproposed use: Domestic, commercial, industrial, recreation, fire protection, livestock, fish and wildlife,wetlands, and other beneficial uses; Non irrigation purposes: For all uses and purposes described aboveas are necessary and attendant to the operation of a recreational camp and resort with associatedresidences and facilities; owner of land: Applicant (see address above). APPLICATION FOR CHANGEOF WATER RIGHT AND APPROVAL OF PLAN FOR AUGMENTATION: Names of structures to beaugmented: a. Anderson Camp Well No. 1, decree entered Mar. 19, 1973 in Case No.W-1291, DistrictCourt, Water Division No. 5, State of Colorado, for 0.067 cfs.; appropriation date: June 30, 1930, fordomestic, household purposes, stock and poultry water, fire protection, lawn and garden irrigation;located in Tract 44, Sec. 9,T.4S., R.86 W. of the 6th P.M. at a point whence Angle Point No. 1 of said Tract44 bears N. 57°50’30” E. 940.76 ft.; b. Anderson Camp Well No. 2 decree entered Mar. 19, 1973 in Case No.W-1291, District Court, Water Division No. 5, State of Colorado, for 0.055 cfs.; appropriation date: May 31,1950, for domestic, commercial for camp and resort, stock and poultry water, fire protection, lawn andgarden irrigation; located in Tract 44, Sec. 9,T.4S.,R.86W. of the 6th P.M. at a point whence Angle Point No.1 of said Tract 44 bears N. 72°55’52” E. 1382.60 ft.; c. Anderson Camp Well No. 3, decree entered Mar. 19,1973 in Case No. W-1291, District Court, Water Division No. 5, State of Colorado, for 0.11 cfs;appropriation date: May 31, 1950, for domestic, stock and poultry water, fire protection, lawn and gardenirrigation, and piscatorial; located in Tract 44, Sec. 9, T4S., R.86W. of the 6thP.M. at a point whence AnglePoint No. 1 of said Tract 44 bears N. 39°53’57” E. 792.07 ft.; d. Anderson Camp Well No. 4 (seeinformation above). Out-of-priority depletions from the four wells will be augmented pursuant to thisplan. Water right to be used for augmentation: Wolford Mountain Reservoir, adjudicated in Case


No. 87CW283, decree entered Nov. 20, 1989, District Court, Water Division No. 5; legal description of theplace of storage: Wolford Mountain Reservoir, the dam of which is located in the SW¼NE¼ of Sec. 25, T.2N., R81W. of the 6th P.M. The intersection of the dam access with the right abutment occurs at a pointwhich bears S.54°54’20”E. a distance of 3,716.46 ft. from the northwest corner of said Sec. 25. The source ofthe water is Muddy Creek and its tributaries, all tributary to the Colorado River. Wolford MountainReservoir water may be used to augment a portion of the depletions to the Colorado River; Historical use:Wolford Mountain Reservoir has been developed and made available for augmentation purposes of thetype applied for herein; Statement of plan for augmentation: The water usage for the project has beenestimated based on the following assumptions: Applicant has developed a recreational camp and resortwith associated residences and facilities north of Dotsero, Eagle County, CO, along the Colorado River.The recreational camp operates from May through October each year with 100 campers and staff in Mayand 200 campers and staff from June 1 through Oct. 31 using 50 gpd each. The residential componentwill operate year round with 10 residents using 100 gpd each. The wastewater treatment for the camp isby septic tank and leachfield with an estimated stream depletion for the system of 15% of the potablewater delivered. No irrigation water will be provided through the potable system. The annual domesticwater demand for the potable water system is 6.32 af per year with an annual stream depletion of 1.00 afper year including associated transit loss for any water released. The estimated monthly waterrequirements and the estimated depletions resulting from those diversions are: Monthly WaterRequirements/Values in acre-feet per monthMonth Camper/ Year-Round Total Total Staff Residents Diversions DepletionsJanuary 0.00 0.10 0.10 0.02February 0.00 0.09 0.09 0.02March 0.00 0.10 0.10 0.02April 0.00 0.09 0.09 0.02May 0.48 0.10 0.58 0.10June 0.92 0.09 1.01 0.15July 0.95 0.10 1.05 0.16August 0.95 0.10 1.05 0.16September 0.92 0.09 1.01 0.15October 0.95 0.10 1.05 0.16November 0.00 0.09 0.09 0.02December 0.00 0.10 0.10 0.02TOTAL 5.17 1.15 6.32 1.00At times when a valid senior call for water on the Colorado River would otherwise result incurtailment of the wells described above, Applicant shall be able to continue diversions from such wells by the release and/or bypass of augmentation waterfrom Wolford Mountain Reservoir to compensate for any out of priority depletions and associated transitlosses (estimated at 5% of augmentation requirements) as directed by the Division Engineer. (7 pages)


33. 99CW308 EAGLE COUNTY, ROARING FORK; Sopris I, Inc., Sopris II, Inc. and Sopris, III, Inc.(hereinafter, “Developers”), c/o Mark A. Hermundstad, Williams, Turner & Holmes, P.C., P.O. Box 338,Grand Junction, CO 81502, (970) 242-6262 and Mid Valley Metropolitan District (hereinafter, “MidValley”), c/o Tom Kinney, Leavenworth & Tester, P.C., P.O. Drawer 2030, Glenwood Springs, CO 81602,(970) 945-2261. Application for Change of Water Rights, Confirmation of Uses and for Approval ofPlan for Augmentation. FIRST CLAIM FOR CHANGE OF WATER RIGHTS AND CONFIRMATION OF USES.Structures: Robinson Ditch and Cox & Henry Ditch; Robinson Ditch: The Robinson Ditch was decreedfor irrigation purposes as follows:

TABLE 1WATER RIGHTS DECREED TO THE ROBINSON DITCH

DecreedDiversion (c.f.s.)

AdjudicationDate

AppropriationDate

CaseNumber

PriorityNumber

5.02.52.06.464.240.343.9

20.060.8733.0

05/11/188905/11/188905/11/188912/29/190312/29/190312/29/190312/29/190308/25/193608/25/193610/24/1952

06/15/188204/15/188611/15/188604/25/189904/25/188904/25/189904/25/189904/25/190009/01/190008/04/1948

13213213210611061

W-2872W-3725

3082W-2673W-2673

38140167

212C212C212C212C

326332581

Legal: A point on the North bank of the Roaring Fork River located 1/2 mile below the mouth of SoprisCreek in Section 11, T. 8 S., R. 87 W., 6th P.M., Eagle County, Colorado; Source: Roaring Fork River;Ownership: Applicants own 252.5 Class A shares and 175.565 Class B shares in the Robinson DitchCompany. Each share is entitled to delivery of 0.0220602 c.f.s. from the above referenced priorities forirrigation of 0.518 acres of land. A portion of the historic consumptive use associated with these shares,which amount is identified below, was incorporated into a plan for augmentation decreed inConsolidated Case Nos. 85CW591 and 90CW074. This Application concerns the remainder of the historicconsumptive use associated with the Robinson Ditch Company shares. Cox and Henry Ditch: The Cox &Henry Ditch was decreed for irrigation purposes as follows:

TABLE 2 WATER RIGHTS DECREED TO THE COX & HENRY DITCH

DecreedAmount (cfs)

AdjudicationDate

AppropriationDate

CaseNumber

PriorityNumber

3.03.0

08/25/193608/25/1936

09/01/188509/01/1900

30823082

282331


Legal: The headgate is located on the bank of the Roaring Fork River at a point in Section 11, T. 8 S., R. 87W., 6th P.M., whence the South 1/4 Corner of Section 11 bears South 12°46' West 1,152.4 feet; Source:Roaring Fork River; Ownership: Developers own 1.5 c.f.s. of Priority No. 282 and 1.5 c.f.s. of Priority No.331, which water rights will be dedicated to Mid Valley. A portion of the historic consumptive useassociated with Developers’ interest in these water rights, which amount is identified below, wasincorporated into a plan for augmentation approved in Consolidated Case Nos. 85CW591 and 90CW074.This Application relates to the remainder of the historic consumptive use associated with the portions ofthese water rights currently owned by Developers. Proposed Changes: (A) The Sopris Meadows P.U.D.is an approved P.U.D. in the Town of Basalt. The property is being marketed as “The Willits” and shallbe referred to herein as the “Willits Property,” and the P.U.D. development shall be referred to as the“Willits Development”. (B) The Willits Property was historically used for agricultural purposes. TheWillits Property was irrigated by Applicants’ interests in the Robinson Ditch and the Cox & Henry Ditchdescribed above. (C) A portion of the Willits Property was more recently used for the extraction of gravelresulting in a pit on the southerly portion of the Willits Property, which is referred to herein as the“Willits Lake”. Willits Lake exposes groundwater to the atmosphere. Gravel mining will continue at theWillits Lake during the next several years while the Willits Property is being developed. Developers willfile an application for a well permit for the Willits Lake with the State Engineer’s Office, pursuant to §§37-90-137(11) and 37-92-305(6)(a), C.R.S. (D) Applicants’ interests in the Robinson Ditch historicallyirrigated 108 acres of the Willits Property. Applying a historic consumptive use ratio of 1.46 acre-feet peracre, which ratio was recognized by the Court in the Third Decree entered in Consolidated Case Nos.85CW591 and 90CW074 on September 28, 1994 (hereinafter, “Third Decree”), the total annual historicconsumptive use associated with the irrigation of these 108 acres by the Robinson Ditch was 157.68 acre-feet. (E) Developers’ interests in the Cox & Henry Ditch historically irrigated 38 acres of the WillitsProperty. Assuming a historic consumptive use ratio of 1.46 acre-feet per acre, which ratio was alsorecognized for the Cox & Henry Ditch water rights by the Court in the Third Decree, the total annualhistoric consumptive use associated with the irrigation of these 38 acres by the Cox & Henry Ditch was55.48 acre-feet. (F) Some of the historic consumptive use amounts associated with Applicants’ interests inthe water rights decreed to the Robinson Ditch and the Cox & Henry Ditch were previously dedicated foroperation of the augmentation plan approved by the Court in the Third Decree. These previouslydedicated historic consumptive use amounts are as follows: Robinson Ditch: 42.70 acre-feet; Cox & HenryDitch: 47.71 acre-feet. (G) Accordingly, the historic consumptive use amounts of Applicants’ interests inthe Robinson Ditch and in the Cox & Henry Ditch remaining available for dedication for operation of theplan for augmentation requested in this Application are as follows:

TABLE 3

DitchStructure

REMAINING CONSUMPTIVE USE

Total HistoricConsumptive Use

(acre-feet)

Consumptive UseDedicated in ThirdDecree (acre-feet)

RemainingConsumptive Use (acre-feet / c.f.s.)

Robinson Ditch 157.68 42.70 114.98/3.351

Cox & Henry Ditch 55.48 47.71 7.77/0.142

Totals 213.16 90.41 122.75/3.49


The remaining consumptive use amounts and the equivalent diversion rates, from Column 3 ofTable 3 , shall be referred to in this Application as the “Remaining Consumptive Use” associatedwith Applicants’ interests in the water rights decreed to the Robinson Ditch and the Cox & HenryDitch. The diversion rate recognized by the Court in the Third Decree for shares in the RobinsonDitch is 0.0220602 c.f.s. per share, with each share capable of irrigating 0.518 acres of land.Therefore, the 114.98 acre-feet of Remaining Consumptive Use for the Robinson Ditch has acorresponding diversion rate of 3.35 c.f.s. The diversion rate recognized by the Court in the ThirdDecree for the water rights decreed to the Cox & Henry Ditch is 1.02 c.f.s for every 40 acres of landirrigated. Therefore, the Remaining Consumptive Use for the Cox & Henry Ditch, 7.77 acre-feet, hasa corresponding diversion rate of 0.14 c.f.s. (H) Developers have designed a raw water irrigationplan in conjunction with Mid Valley, which plan is described as follows (hereinafter, “WillitsDevelopment Irrigation Plan”): Water attributable to the Remaining Consumptive Use for theRobinson Ditch and the Cox & Henry Ditch will be diverted at the decreed point of diversion of theRobinson Ditch, and will be transported to the Willits Property in the Robinson Ditch, where it willbe delivered into Willits Lake for distribution within the Willits Property. A pump station at theWillits Lake will deliver water from the Willits Lake into a pressurized distribution system for rawwater irrigation use within the Willits Development. The infrastructure will be constructed by theDevelopers to a standard acceptable to Mid Valley so that the raw water irrigation system can bededicated to Mid Valley for ongoing operation and maintenance. The raw water irrigation systemwill irrigate approximately 47 acres of lawns, gardens, and open space on the Willits Property. Theremainder of the Willits Property will not be irrigated. The annual consumptive use associated withthe irrigation of lawns, gardens, and open space on the Willits Property will be 1.99 acre-feet peracre, with an irrigation efficiency of 80%. The total annual consumptive use from the irrigation of 47acres on the Willits Property will be 93.5 acre-feet. Delivery of the Robinson Ditch and Cox & HenryDitch water into Willits Lake will cause increased evaporation losses. Willits Lake will have amaximum surface area of 7 acres. Assuming net evaporation losses of 2.38 acre-feet per surface acreper year, the annual evaporation losses from the Willits Lake will be 16.66 acre-feet. The annual totalconsumptive use associated with the Willits Irrigation Plan will be 110.16 acre-feet, consisting ofirrigation consumptive use of 93.5 acre-feet and evaporation losses of 16.66 acre-feet. Thisconsumptive use amount is 12.6 acre-feet less than the Remaining Consumptive Use for Applicants’interests in the Robinson Ditch and the Cox & Henry Ditch water rights, 122.75 acre-feet, asdescribed in Paragraph 4.G. and Table 3, above. The Developer will dedicate the excess 12.6 acre-feet of Remaining Consumptive Use to Mid Valley in exchange for Mid Valley’s provision of outsidepotable water within the Willits Development. The timing and amount of return flows from theWillits Development Irrigation Plan will be substantially the same as under historic irrigationpractices. The Willits Development Irrigation Plan has been approved by Mid Valley, but the rawwater irrigation system to be built by the Developers has not yet been accepted by Mid Valley. Oncethis system has been accepted and the Willits P.U.D. has received final plat approval, the raw waterirrigation system will be owned and operated by Mid Valley. Confirmations and ChangesRequested: Applicants request the Court to recognize and confirm that 93.5 acre-feet of the 122.75acre-feet of Remaining Consumptive Use associated with Applicants’ interests in the water rightspreviously decreed to Robinson Ditch and Cox & Henry Ditch may be used for irrigating 47 acres oflawns, gardens, and open space on the Willits Property, pursuant to the Willits DevelopmentIrrigation Plan described in the Application, and for augmenting product moisture losses caused bygravel mining operations during the build-out of the Willits Development or, in the alternative, thatthe Court enter a decree changing these water rights so as to add such use; Applicants also request a


decree changing the use of water rights associated with 13.86 acre-feet of the 122.75 acre-feet ofRemaining Consumptive Use for the Robinson Ditch and the Cox & Henry Ditch to addaugmentation of lake evaporation as a decreed use; and Applicants further request a decree changingthe water rights associated with 7.77 acre-feet and 0.14 c.f.s. of the Remaining Consumptive Use forthe Cox & Henry Ditch so as to add an alternate point of diversion for these water rights at the pointof diversion of the Robinson Ditch. SECOND CLAIM FOR APPROVAL OF PLAN FOR AUGMENTATION;Structure to be Augmented: Willits Lake, described above; Water rights to be used for augmentation:(a) during the non-irrigation season from November through April, 2.8 acre-feet of the 300 acre-feetof water stored in Ruedi Reservoir and available for augmentation purposes to Mid Valley pursuantto The Long Term Ruedi Reservoir Round II Water Repayment Contract No. 9-07-60-W0847 issuedby the U.S. Bureau of Reclamation to Mid Valley on September 28, 1999 and (b) during the historicirrigation season from May through October, 13.86 acre-feet of the 122.75 acre-feet of RemainingConsumptive Use for the Robinson Ditch and the Cox & Henry Ditch, described in Paragraph 4.Gand Table 3 of the Application will be dedicated for the operation of the plan for augmentationrequested herein. Statement of Plan for Augmentation: (a) water attributable to the RemainingConsumptive Use for the Robinson Ditch and the Cox & Henry Ditch will be delivered into WillitsLake, and then pumped out of the Lake for irrigation of lawns, gardens, and open space. The surfacearea of Willits Lake, upon completion of the Lake, will be a maximum of 7 acres; (b) Net evaporationlosses from Willits Lake will be 2.38 acre-feet per surface acre per year, as shown in Table 4, below;(c) Assuming an ultimate surface area of 7 acres and net evaporation losses of 2.38 acre-feet persurface acre, the total annual evaporation losses from the Willits Lake will be 16.66 acre-feet. Theseannual evaporation losses from Willits Lake will be offset and replaced by delivery of wateravailable from the Remaining Consumptive Use for the Robinson Ditch and the Cox & Henry Ditch,will be delivered into Willits Lake in the amounts and at the rates indicated in Table 5, below, butthese augmentation deliveries will not be pumped out of the Lake for use in the distribution facilitiesof the Willits raw water irrigation system; (d) Applicants do not believe there will be any call duringthe non-irrigation season which would require augmentation and replacement of evaporation lossesfrom Willits Lake. Also, Willits Lake will be frozen for several months during the non-irrigationseason. However, in order to be conservative, the evaporation losses from Willits Lake have beencalculated on a year-round basis. To the extent that a valid non-irrigation season call is made whichrequires replacement of evaporation losses from Willits Lake, Mid Valley will release water itcontrols in Ruedi Reservoir pursuant to the federal water repayment contract described in theApplication in an amount and at a rate sufficient to replace any such out-of-priority evaporationlosses.

TABLE 4

ESTIMATED NET POND EVAPORATION FOR WILLITS LAKE

Months Shallow LakeEvaporatio

n1

GlenwoodPrecipitation

70% CorrectPrecipitation

Net Evaporation

Inches Feet

November 2.16 1.07 0.75 1.41 0.12

December 1.36 1.41 0.99 0.37 0.03

January 1.16 1.74 1.22 0.00 0.00


February 1.28 1.17 0.82 0.46 0.04

March 1.80 1.28 0.90 0.90 0.08

April 2.68 1.57 1.10 1.58 0.13

May 3.60 1.31 0.92 2.68 0.22

June 5.36 1.24 0.87 4.49 0.37

July 6.36 1.19 0.83 5.53 0.46

August 6.08 1.43 1.00 5.08 0.42

September 4.84 1.41 0.99 3.85 0.32

October 3.32 1.41 0.99 2.33 0.19

Column Totals 40.00 16.23 11.38 28.68 2.38


1. Estimated pond evaporation based on NOAA Technical Report NWS 33

TABLE 5

AUGMENTATION DELIVERIES INTO WILLITS LAKE

Months Net PondEvaporation(acre-feet)

RemainingConsumptive

Use (a-f / c.f.s.)(% Total1)

Ruedi ReservoirReleases

(acre-feet)

TotalAugmentation

Deliveries(acre-feet)

November 0.84 0 / 0 (0%) 0.84 0.84

December 0.21 0 / 0 (0%) 0.21 0.21

January 0 0 / 0 (0%) 0 0

February 0.28 0 / 0 (0%) 0.28 0.28

March 0.56 0 / 0 (0%) 0.56 0.56

April 0.91 0 / 0 (0%) 0.91 0.91

May 1.54 15.97 / 0.66(13.01%)

0 1.54

June 2.59 26.06 / 1.08(21.23%)

0 2.59

July 3.22 34.47 / 1.43(28.08%)

0 3.22

August 2.94 27.74 / 1.15(22.6%)

0 2.94

September 2.24 14.3 / 0.59(11.65%)

0 2.24

October 1.33 4.21 / 0.173.24%)

0 1.33

Column Totals 16.66 122.75 (100%) 2.8 16.66

. Percent of annual total recognized by the Court in the Third Decree.


(e) Gravel mining activities may occur at Willits Lake for several years during build-out of the WillitsDevelopment. Developers anticipate that all mining will cease within five (5) years, or by the timefifty percent (50%) of the Willits Property has been developed, whichever occurs first. During thistime, Developers anticipate that an average of 30,000 tons of gravel and related products will bemined and removed each year for five (5) years for a total of 150,000 tons. Assuming a productmoisture content of four percent (4%), the average annual consumptive use associated with theremoval of such product will be 0.88 acre-feet. Such mining will occur at a time when less than thefull 47 acres proposed to be irrigated under the Willits Development Irrigation Plan, as described inParagraph 4.H., above, have been brought under irrigation. Thus, during the time mining activitiesare conducted, adequate water will be available under the Remaining Consumptive Use for theRobinson Ditch and Cox & Henry Ditch to replace the product moisture depletions. Water availablefrom the Remaining Consumptive Use will be delivered into Willits Lake in an amount and at a ratesufficient to offset these depletions and will not be pumped out of the Lake for use in the distributionfacilities of the Willits raw water irrigation system. (13 pages)


34. 99CW309 EAGLE COUNTY - UNNAMED TRIBUTARIES OF EBY CREEK, TRIBUTARYOF EAGLE RIVER. Highland Meadow Estates at Castle Peak Ranch, Inc.; Susanne Stroh; Vern andNola Brock; Fred and Teri Collett; Albert and Mercedes Rodriguez; Gretta Parks; Dana Hurtt andJohn Ford; Stephen Isom and Leslie Allen; George Shaeffer; Claus and Edie Fricke; Richard andMindy De Lia; David McKearney; Charles and Teresa Hauser; Wendy Sacks; Joseph and KarenHonnessy; Jerry and Mona Dillon; Christian Egidio LaMont; Jack and Cynthia Sibley; Suzie andMorrie Shepard; Paul and Linnea Koze; and Ken and Kira Cameron; c/o Lori Satterfield, Balcomb &Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602; c/o Jefferson Houpt, Caloia & Houpt,P.C., 1204 Grand Ave., Glenwood Springs, CO 81601 (Attorneys for Ken and Kira Cameron).Application for Surface Water Right. Olesen Ditch Direct Flow Right. The ditch has four discretepoints of diversion where it intercepts flows from tributaries to Eby Creek. The legal descriptions ofthe points of diversion and the amounts diverted at those locations are set forth below: (1) OlesenDitch First Headgate is located in the SE¼ NE¼ of Sec. 6, T. 4 S., R. 84 W. of the 6th P.M. at a point440 ft. from the E. Sec. line and 1645 ft. from the N. Sec. line. Amt. - 2.0 cfs. (2) Olesen Ditch Pointof Diversion No. 2 is located in the SE¼ NW¼ of Sec. 5, T. 4 S., R. 84 W. of the 6th P.M. at a point 1925ft. from the W. Sec. line and 2905 ft. from the N. Sec. line. Amt. - 4.0 cfs. (3) Olesen Ditch Point ofDiversion No. 3 is located in the NW¼ SE¼ of Sec. 5, T. 4 S., R. 84 W of the 6th P.M. at a point 1705 ft.from the E. Sec. line and 2265 ft. from the S. Sec. line. Amt. - 5.0 cfs. (4) Olesen Ditch Point ofDiversion No. 4 is located in the NE¼ NE¼ of Sec. 8, T. 4 S., R. 84 W. of the 6th P.M. at a point 195 ft.from the E. Sec. line and 675 ft. from the N. Sec. line. Amt. - 6.0 cfs. Date of initiation ofappropriation: 11/30/1903. How appropriation was initiated: by construction of the NoeckerReservoir and Olesen Ditch. The subject Olesen Ditch structure is also used to fill the reservoir. Datewater applied to beneficial use: before 11/10/1919 (the date of the Noecker Reservoir and OlesenDitch decree in C.A. 722, Eagle Cty. Dist. Ct.). Amt claimed: see above, all absolute. Use: Ifirrigation: Number of acres historically irrigated - 260 acres. Number of acres proposed to beirrigated - 260 acres. Legal description of acreage: lands in Highland Meadow Estates at Castle PeakRanch, the plat for which was recorded in Book 531 at Page 771 on 6/15/90, in the records of theEagle Cty. Clerk and Recorder. The lands comprise part of Secs. 21, 22, 23 and 27, T. 4 S., R. 84 W. ofthe 6th P.M., Eagle Cty. Name and address of owner of land on which ditch is located: Olesen Ditchstructure is located upon lands owned by Colorado Eagle Ranch at Brush Creek Limited LiabilityCompany; Applicants have an easement for the ditch. The Olesen Ditch structure also is used to fillthe Noecker Reservoir under the decrees entered in C.A. 722 (Eagle Cty. Dist. Ct.) and 82CW164(Water Div. No. 5). The purpose of the subject Application is to adjudicate the historic Olesen Ditchdirect flow right from the Eby Creek drainage into the Castle Creek drainage for irrigation of thelands now known as Highland Meadow Estates at Castle Peak Ranch. These direct flow diversionsare not stored in Noecker Reservoir. The individual Applicants are the owners of the subject waterright and use the right to irrigate their respective properties. All of the individual Applicants, exceptthe Camerons, are members of Highland Meadow Estates at Castle Peak Ranch, Inc. (a homeowners’association), which operates, maintains and administers the central irrigation system for themembers. (4 pages)


35. 99CW310 RIO BLANCO AND GARFIELD COUNTIES - GROUNDWATER TOPICEANCE CREEK. American Soda, L.L.P., c/o Lori Satterfield, Balcomb & Green, P.C., P.O.Drawer 790, Glenwood Springs, CO 81602. Application for Ground Water Right and Approval ofAugmentation Plan. CLAIM FOR GROUND WATER RIGHT: AS Well 20-8. Legal description:located in the SE¼ SE¼ Sec. 20, T. 1 S., R. 97 W., 6th P.M., a distance of 1,200 ft. from the S. line, and500 ft. from the E. line of said Sec. 20. Date of appropriation: 1/28/97. How appropriation wasinitiated: obtained monitoring hole well permit (MH-29804) and constructed well. Date waterapplied to beneficial use: 7/3/97. Depth: 560 ft. Amt: 150 gpm (absolute), up to 60 AF annually.Diversions from the well are 100% consumptive. Use: construction purposes; industrial and mininguses, including (but not limited to) extraction of nahcolite and other minerals; incidental domesticuses associated with American Soda's pilot test program and construction activities. This well isintended to be used only for the pilot test program and construction purposes associated with theAmerican Soda project. The well has been permitted (no. 51292-F) and diversions have been madeand put to beneficial use under a substitute supply plan approved by the State Engineer on 5/7/97.Name and address of owners of land on which well is located: United States Department of Interior,Bureau of Land Management, White River Resource Area, P.O. Box 928, Meeker, CO 81641.Applicant is the lessee of the BLM Lands upon which the water right has been and will be used.CLAIM FOR APPROVAL OF AUGMENTATION PLAN. Name of structure to be augmented: ASWell 20-8. Water rights to be used for augmentation: (1) Applicant has acquired water rights for itsmine project from the Colorado River basin; these rights will be transported to the Piceance Creekbasin via a pipeline. Construction of the pipeline is anticipated to begin in 2000. The Colorado Riverrights which may be used to augment the subject well include American Soda’s interest in theParachute Creek Reservoir, Pumping Pipeline of Union Oil Company of California, and Union 76Water Well Nos. 1, 1A, 2, 3, 4 and 5. These rights are described more fully in Exhibit A, which is setforth below. (2) American Soda may replace all out-of-priority depletions from the well by truckingwater from the White River or Colorado River, as was approved under the substitute supply plan.To allow continued diversions from AS Well 20-8 during times of a valid downstream call, theaugmentation sources described herein will be used to replace depletions caused by such pumping.Applicant will maintain such production records of the well as are required by the Division of WaterResources to administer this plan. Applicant will account for depletions from the well on a formacceptable to the Division of Water Resources. Operation of the described plan for augmentationwill prevent injury to other vested and decreed conditional water rights. EXHIBIT A: Informationfrom previous Decree for Parachute Creek Reservoir: Date Entered - 7/26/71; Case No. W-252,Water Div. No. 5; Dist. Ct. Decreed legal description: The intersection of center line of the dam axiswith the center line of Parachute Creek which is located at a point whence the S¼ corner of Sec. 36,T. 5 S., R. 96 W. of the 6th P.M., bears N. 6°42' E. a distance of 9,049.8 ft. Source: Parachute Creekand all its tributaries, all of which are tributary to the Colorado River, and the Colorado River fromwhich water will be diverted and carried to said reservoir by means of Applicant's interest in thePumping Pipeline of Union Oil Company of California. Appropriation Date: 12/15/66. Decreedamt.: 33,773 AF (conditional), of which Applicant owns 3,366 AF (Applicant owns an undivided9.97% interest as a tenant in common of the reservoir). Decreed uses: mining, retorting, refining,power, municipal, industrial, mechanical, domestic uses and purposes for which water may berequired in connection with the production of shale oil and its products. Information from previousDecrees for Pumping Pipeline of the Union Oil Company of California ("Pumping Pipeline"): DateEntered - 9/5/52; Case No. C.A. 4004, Garfield Cty. Dist. Ct. Decreed point of diversions: the intakeis located at a point on the westerly or northwesterly bank of the Colorado River, whence the sec.


corner common to Secs. 6 and 7, T. 7 S., R. 95 W. of the 6th P.M., and Secs. 1 and 12, T. 7 S., R. 96 W.of the 6th P.M. bears S. 89°05' W. 3,364.65 ft. Source: Colorado River. Appropriation Date: 2/14/49.Amt.: 118.5 cfs, of which Applicant owns 10 cfs. Decreed use: industrial, retorting, mining, refining,power, domestic, and all other purposes used in connection with the production of shale oil and itsproducts, and for water necessary or convenient in the operation of such plants, and of the personsand lands used for the housing of employees of such company in connection with the plant and theirfamilies. Certain change decrees were entered for the Pumping Pipeline right in Case Nos. W-3946,81CW319, 83CW349. In 83CW349, the Ct. also confirmed that the use of the Pumping Pipeline couldbe 100% consumptive (including use and reuse) dating back to the date of the original C.A. 4004decree. Information From Previous Decree for Union 76 Water Well No. 1: Date Entered - 10/11/72.Case No. W-1345, Water Ct. in and for Water Div. No. 5. Decreed point of diversion: situated in theNE¼, NE¼ of Sec. 36, T. 5 S., R. 96 W. of the 6th P.M., and is located at a point whence an iron postwith a brass cap found in place and properly marked for the closing corner on the sec. line betweenSecs. 25 and 30 and the southerly line of Tract No. 37 bears N. 30°57'30" E. 589 ft. in Garfield Cty.Source: ground water tributary to Parachute Creek. Appropriation Date: 7/1/55. Amt: 0. 52 cfs(236 gpm), absolute. Decreed use: domestic, industrial, stock watering, fire protection, and otherbeneficial purposes. Union 76 Water Well No. 1 is also a decreed alternate point of diversion for 2.75cfs of the Pumping Pipeline, see Case No. W-3946. Information From Previous Decree for Union 76Water Well No. 1A: Date Entered - 8/14/80; Case No. 79CW328; Dist. Ct. in and for Water Div. No.5. Decreed point of diversion: located in the NE¼ NE¼ of Sec. 36, T. 5 S., R. 96 W. of the 6th P.M. ata point 575 ft. S. of the N. line and 320 ft. W. of the E. line of said Sec. 36. Source: ground watertributary to Parachute Creek. Appropriation Date: 10/13/77. The well was approved as asupplemental well for the Union 76 Well No. 1 (Permit No. 6045-F). Union 76 Well No. 1A wascompleted and the water first applied to beneficial use on 1/12/78. Amt.: In Case No. 79CW328,Union 76 Well No. 1A was decreed absolute for 0.52 cfs for livestock watering, fire protection, andirrigation; and conditional for domestic, commercial, municipal, industrial, oil shale mining andprocessing. In Case No. 84CW126, the conditional uses were decreed absolute. The pumping rateand average annual appropriation of Well Nos. 1 and 1A combined are limited to 236 gpm and 381AF, respectively. Decreed Use: See above. Union 76 Water Well No. 1A is also decreed as analternate point of diversion for 2.75 cfs of the Pumping Pipeline, see Case No. W-3946. Informationfrom previous Decrees for Union 76 Water Well Nos. 2 through 5: Date Entered - 3/14/85; Case No.82CW380; Water Ct. in and for Water Div. No. 5. Decreed points of diversion: Union 76 Water WellNo. 2 is located in the SE¼ NE¼ of Sec. 36, T. 5 S., R. 96 W., of the 6th P.M., at a point 1550 ft. fromthe N. sec. line and 550 ft. from the E. sec. line of said sec. Union 76 Water Well No. 3 is located inthe NE¼ SE¼ of Sec. 36, T. S., R. 96 W., of the 6th P.M., at a point 1950 ft. from the S. sec. line and 850ft. from the E. sec. line of said sec. Union 76 Water Well No. 4 is located in the SE¼ SE¼ of Sec. 25, T.5 S., R. 96 W., of the 6th P.M., at a point 1300 ft. from the S. sec. line and 650 ft. from the E. sec. line ofsaid sec. Union 76 Water Well No. 5 is located in the SE¼ SE¼ of Sec. 25, T. 5 S., R. 96 W., of the 6thP.M., at a point 400 ft. from the S. sec. line and 350 ft. from the E. sec. line of said sec. Source:alluvium of Parachute Creek. Appropriation Date: 12/4/80. Amt. and Uses: Absolute forindustrial purposes: (1) Union 76 Water Well No. 2: 0.495 cfs (222 gpm); (2) Union 76 Water WellNo. 3: 0.524 cfs (235 gpm); (3) Union 76 Water Well No. 4: 0.557 cfs (250 gpm); (4) Union 76 WaterWell No. 5: 0.557 cfs (250 gpm). Conditional for industrial purposes: (1) Union 76 Water Well No. 2:0.062 cfs (28 gpm); (2) Union 76 Water Well No. 3: 0.033 cfs (15 gpm). Conditional for Well Nos. 2,3, 4 and 5 each for domestic, municipal, irrigation, and all other uses related to the provision of awater supply for oil shale mining, processing and refining facilities and operations, including storage


for such purposes, in the amt. of 0.557 cfs (250 gpm) for each well. These wells are alternate points ofdiversion for certain of Applicant's water rights described in the decree in Case No. W-2206, andalternate points of diversion for a portion of the Pumping Pipeline under the W-3946 decree.Diversions from the wells were contemplated to be 100% consumptive.(9 pages)

36. 99CW311 EAGLE COUNTY - EAST COULTER CREEK, CATTLE CREEK, ROARINGFORK RIVER. Kenn Roberts; c/o Billie Burchfield, Esq.; 802 Grand Ave., Suite 305; GlenwoodSprings, CO 81601 970-285-7790. Roberts Pond No. 1, Roberts Pond No. 2 and Bobson Pond No. 1,First Enlargement - Application for Storage Water Rights. Location: Roberts Pond No. 1 - center islocated in Sec. 14, T. 6 S., R. 87 W., 6th P.M. at a point 400 feet from the west sec. line and 1,600 feetfrom the north sec. line of said Sec. 14; Roberts Pond No. 2 - center is located in Sec. 23, T. 6 S., R. 87W., 6th P.M. at a point 2,400 feet from the west sec. line and 200 feet from the north sec. line of saidSec. 23; Bobson Pond No. 1, First Enlargement - center is located in sec. 14, T. 6 S., R. 87 W., 6th P.M.at a point 1,770 feet from the west sec. line and 2,440 feet from the south sec. line of said Sec. 14.Appropriation: December 15, 1999. Amount: 8.0 AF, conditional, with the right to fill and refill inpriority for each storage water right. Use: livestock and wildlife watering, aesthetics, fire protection,irrigation, and fish culture for each pond. (3 pages)

37. 99CW312 GARFIELD COUNTY - COLORADO RIVER. Michael J. Mosby and Betty JoMosby; 0106 County Road #323; Rifle, CO 81650 970-625-5317. Mosby Pump and Pipeline No. 1and Mosby Pump and Pipeline No. 2 - Application for Surface Water Rights. No. 1 - Location: onthe north bank of the Colorado River in the NE1/4NE1/4SE1/4 Sec. 30, T. 6 S., R. 94 W., 6th P.M. at apoint 1,150 feet West of the east line of Sec. 30 and 2,620 feet North of the south line of Sec. 30.Appropriation: April 4, 1998. Amount: 1.0 CFS absolute for irrigation, fire protection and stock - allother uses are conditional. Use: irrigation, fire protection, storage, stock and piscatorial. No. 2 -Location: on the North bank of the Colorado River in the NW1/4NW1/4SW1/4 Sec. 30, T. 6 S., R. 94W., 6th P.M. at a point 100 feet East of the west line of Sec. 30 and 2,310 feet North of the south line ofSec. 30. Appropriation: April 4, 1998. Amount: 1.0 CFS, absolute for irrigation, fire protection andstock - all other uses are conditional. Use: irrigation, fire protection, storage, stock and piscatorial.(2 pages)

38. 99CW313 GRAND COUNTY - TROUBLESOME FORMATION, TRIBUTARY TO FRASERRIVER. Application for Underground Water Rights. Maryvale Village, LLC, c/o Patrick & Stowell,P.C., 730 E. Durant Ave., Suite 200, Aspen, CO 81611, (970) 920-1028. FIRST CLAIM. Name ofstructure: Maryvale Well No. 1. Legal description of point(s) of diversion: Located in the SE¼NW¼,Section 28, Township 1 South, Range 75 West of the 6th P.M. at a point whence the NW corner of saidSection 28 bears North 39°40'44" West, a distance of 2,442 feet (Grand County, Colorado). Source:Troublesome Formation, tributary to the Fraser River. Date of Appropriation: November 17, 1999.


Date water applied to beneficial use: N/A. How appropriation was initiated: Construction of thewell, monumentation, survey, formulation of intent to apply water to beneficial use. Amountclaimed: 0.5 cfs (225 gpm), conditional. Uses or proposed uses: Domestic, irrigation, commercial,industrial, municipal, stockwatering, fire protection purposes, and storage in Maryvale detentionreservoirs. Legal description and acreage of land to be irrigated: Maryvale Village, LLCdevelopment, including portions of 946 acres within sections 20, 21, 28 and 29 of T1S, R75W of the 6th

P.M., all in Grand County, a legal description of which is attached to the Application. Well PermitNo.: Well was constructed under permit MH-37345. Pursuant to C.R.S., 37-92-302(2), and 37-90-137,Applicant has provided notice to all owners of record of all wells within six hundred (600) feet of theproposed well ten (10) days prior to the filing of this Application. The name and address of theowner of the land upon which the point of diversion is located is: Maryvale Village, LLC, P.O. Box149, Winter Park, CO 80482; the name and address of the owner of the land upon which the place ofuse of the water is or will be is: Maryvale Village, LLC, P.O. Box 149, Winter Park, CO 80482.SECOND CLAIM. Name of structure: Maryvale Well No. 2. Legal description of point(s) ofdiversion: Located in the NE¼NE¼, Section 29, Township 1 South, Range 75 West, of the 6th P.M., ata point whence the NE corner of said Section 29 bears North 86°5'13" East, a distance of 1,270 feet(Grand County, Colorado). Source: Troublesome Formation, tributary to the Fraser River. Date ofAppropriation: February 24, 1986. Date water applied to beneficial use: N/A. How appropriationwas initiated: Construction of the well, monumentation, survey, formulation of intent to apply waterto beneficial use. Amount claimed: 0.5 cfs (225 gpm), conditional. Uses or proposed uses: Domestic,irrigation, commercial, industrial, municipal, stockwatering, fire protection purposes, and storage inMaryvale detention reservoirs. Legal description and acreage of land to be irrigated: MaryvaleVillage, LLC development, including portions of 946 acres within sections 20, 21, 28 and 29 of T1S,R75W of the 6th P.M., all in Grand County, a legal description of which is attached to the Application.Well Permit No.: N/A. Well was originally constructed under a permit for monitoring and testing ofground water (Permit No. 29734-M). Pursuant to C.R.S., 37-92-302(2), and 37-90-137, Applicant hasprovided notice to all owners of record of all wells within six hundred (600) feet of the proposed wellten (10) days prior to the filing of this Application. The name and address of the owner of the landupon which the point of diversion is located is: Maryvale Village, LLC, P.O. Box 149, Winter Park,CO 80482; the name and address of the owner of the land upon which the place of use of the water isor will be is: Maryvale Village, LLC, P.O. Box 149, Winter Park, CO 80482. THIRD CLAIM. Name ofstructure: Maryvale Well No. 3. Legal description of point(s) of diversion: Located in the SW¼SE¼,Section 20, Township 1 South, Range 75 West of the 6th P.M., at a point whence the SE corner of saidSection 20 bears South 74°28'53" East a distance of 2,688 feet (Grand County, Colorado). Source:Troublesome Formation, tributary to the Fraser River. Date of Appropriation: February 24,1986.Date water applied to beneficial use: N/A. How appropriation was initiated: Construction of thewell, monumentation, survey, formulation of intent to apply water to beneficial use. Amountclaimed: 0.5 cfs (225 gpm), conditional. Uses or proposed uses: Domestic, irrigation, commercial,industrial, municipal, stockwatering, fire protection purposes, and storage in Maryvale detentionreservoirs. Legal description and acreage of land to be irrigated: Maryvale Village, LLCdevelopment, including portions of 946 acres within sections 20, 21, 28 and 29 of T1S, R75W of the 6th

P.M., all in Grand County, a legal description of which is attached to the Application. Well PermitNo.: Well was originally constructed under a permit for monitoring and testing of ground water(Permit No. 29733-M). Pursuant to C.R.S., §§37-92-302(2), and 37-90-137, Applicant has providednotice to all owners of record of all wells within six hundred (600) feet of the proposed well ten (10)days prior to the filing of this Application. The name and address of the owner of the land upon


which the point of diversion is located is: Maryvale Village, LLC, P.O. Box 149, Winter Park, CO80482; the name and address of the owner of the land upon which the place of use of the water is orwill be is: Maryvale Village, LLC, P.O. Box 149, Winter Park, CO 80482. Remarks: The abovedescribed wells are within the boundaries of the Regis Maryvale Well Field, which were decreedwithin the plan for augmentation in Case No. 98CW041. Out of priority depletions from the wellsshall be augmented as provided for in the Applicant’s plan for augmentation. The above wells havebeen constructed as Monitoring and Observation Holes, pursuant to the agreement between the Stateand the Applicant in Case No. 98CW041. A map of the water rights claimed in this application isattached to the Application. (8 pages)


39. 99CW314 GRAND COUNTY - VASQUEZ CREEK, TRIBUTARY TO FRASER. Applicationfor Water Rights. Maryvale Village, LLC, Patrick & Stowell, P.C., 730 E. Durant Ave., Suite 200,Aspen, CO 81611, (970) 920-1028. FIRST CLAIM. Name of structure: Cozens Ditch, FirstEnlargement. Legal description of point of diversion: The headgate of said structure is located onthe west bank of Vasquez Creek within the SE¼ NW¼, Section 33, Township 1 South, Range 75 Westof the 6th P.M. at a point whence the NW corner of said Section 33 bears North 57°33'17" West adistance of 2,408 feet (Grand County, Colorado). A map of the structure is attached to theApplication. Source: Vasquez Creek, tributary to the Fraser River. Date of Appropriation: December23, 1999. Date water applied to beneficial use: N/A. How appropriation was initiated: Fieldinspection, monumentation, survey, formulation of intent to apply water to beneficial use. Amountclaimed: 3.1 cfs, conditional. Uses or proposed uses: Domestic, irrigation, commercial, industrial,stockwatering, fire protection and storage in Maryvale storage reservoirs. The water right will beused to supplement irrigation of up to 125 acres of lawn, open space and golf course located onApplicant’s property including 946 acres of land within Sections 20, 21, 28 and 29 of Township 1South, Range 75 West, of the 6th P.M. Legal description and acreage of land to be irrigated: MaryvaleVillage, LLC development, including portions of 946 acres within sections 20, 21, 28 and 29 of T1S,R75W of the 6th P.M., all in Grand County, a legal description of which is attached to the Application.The name and address of the owner of the land upon which the point of diversion is located is: Townof Winter Park, P.O. Box 3327, Winter Park, CO 80482; the name and address of the owner of theland upon which the place of use of the water is or will be is: Maryvale Village, LLC, P.O. Box 149,Winter Park, CO 80482. SECOND CLAIM. Name of Structure: Cozens Ditch Extension. Legaldescription of point of diversion: The point of diversion is located at a point where the Cozens Ditchand Leland Creek intersect. The diversion point is located within the NE¼ SE¼, Section 29,Township 1 South, range 75 West of the 6th P.M. at a point where the NE corner of said Section 29bears North 0°6' 27" East a distance of 2,883 feet. Grand County, Colorado. A map of the structure isattached to the Application. Source: Leland Creek, tributary to the Fraser River. Date ofAppropriation: December 23, 1999. Date water applied to beneficial use: N/A. How appropriationwas initiated: Field inspection, monumentation, survey, formulation of intent to apply water tobeneficial use. Amount claimed: 1.5 cfs, conditional. Uses or proposed uses: Domestic, irrigation,commercial, industrial, stockwatering, fire protection and storage in Maryvale storage reservoirs.The water right will be used to supplement irrigation of up to 125 acres of lawn, open space and golfcourse located on Applicant’s property including 946 acres of land within Sections 20, 21, 28, 29 ofTownship 1 South, Range 75 West of the 6th P.M. Legal Description and acreage of land where waterwill be used: Maryvale Village, LLC development, including portions of 946 acres within sections 20,21, 28 and 29 of T1S, R75W of the 6th P.M., all in Grand County, a legal description of which isattached as to the Application. The name and address of the owner of the land upon which the pointof diversion is located is: Town of Winter Park, P.O. Box 3327, Winter Park, CO, 80482; the name andaddress of the owner of the land upon which the place of use of the water is or will be is: MaryvaleVillage, LLC, P.O. Box 149, Winter Park, CO 80482. Remarks: The water rights in both above claimswill be used in priority to provide an integrated supply for the storage sites decreed in the plan foraugmentation in Case No. 98CW041. (7 pages)


40. 99CW315 GRAND COUNTY - COZENS DITCH, VIA VASQUEZ CREEK, TRIBUTARYTO FRASER RIVER. Application for Storage Water Rights. Maryvale Village, LLC, c/o Patrick &Stowell, P.C., 730 E. Durant Ave., Suite 200, Aspen, CO 81611, (970) 920-1028. FIRST CLAIM. Nameof Reservoir: Maryvale K-1a Reservoir. Legal description of reservoir dam: NW¼NE¼, Section 29,Township 1 South, Range 75 West, 6th P.M. A map of the reservoir is attached to the Application.Source: The pond will be filled via deliveries from the Cozens Ditch, via Vasquez Creek, tributary tothe Fraser River, as identified in the plan for augmentation decreed in Case No. 98CW041. Date ofAppropriation: September 26, 1986. Date water applied to beneficial use: N/A. How appropriationwas initiated: By formulation of intent, application for plan for augmentation, design of an integratedwater supply system. Amount claimed: 7.0 acre feet, conditional. Uses or proposed uses: Irrigation,aesthetic, piscatorial, recreation, domestic, municipal, commercial, industrial, and for augmentationand exchange purposes. Maximum height of dam: N/A. Reservoir will be excavated in the ground.Length of dam: N/A. Total capacity of reservoir: 7.0 acre-feet. Active capacity of reservoir: 7.0acre-feet. Dead storage: 0 acre-feet. Name and capacity of ditch(es) leading to reservoir: Cozens Ditchand all its enlargements, for a total of 7.725 cfs. The name and address of the owner of the land uponwhich the point of diversion is located is: Town of Winter Park, P.O. Box 3327, Winter Park, CO80482; the name and address of the owner of the land upon which the place of use of the water is orwill be is: Maryvale Village, LLC, P.O. Box 149, Winter Park, CO 80482. SECOND CLAIM. Nameof Reservoir: Maryvale K-1b Reservoir. Legal description of reservoir dam: NE¼NE¼, Section 29,Township 1 South, Range 75 West, 6th P.M. A map of the reservoir is attached to the Application.Source: The pond will be filled via deliveries from the Cozens Ditch, via Vasquez Creek, tributary tothe Fraser River, as identified in the plan for augmentation decreed in Case No. 98CW041. Date ofAppropriation: September 26, 1986. Date water applied to beneficial use: N/A. How appropriationwas initiated: By formulation of intent, application for plan for augmentation, design of an integratedwater supply system. Amount claimed: 5.0 acre feet, conditional. Uses or proposed uses: Irrigation,aesthetic, piscatorial, recreation, domestic, municipal, commercial, industrial, and for augmentationand exchange purposes. Maximum height of dam: N/A. Reservoir will be excavated in the ground.Length of dam: N/A. Total capacity of reservoir: 5.0 acre-feet. Active capacity of reservoir: 5.0acre-feet. Dead storage: 0 acre-feet. Name and capacity of ditch(es) leading to reservoir: CozensDitch and all its enlargements, for a total of 7.725 cfs. The name and address of the owner of the landupon which the point of diversion is located is: Town of Winter Park, P.O. Box 3327, Winter Park,CO 80482; the name and address of the owner of the land upon which the place of use of the water isor will be is: Maryvale Village, LLC, P.O. Box 149, Winter Park, CO 80482. THIRD CLAIM. Nameof Reservoir: Maryvale K-2 Reservoir. Legal description of reservoir dam: NE¼NE¼ and SE¼NE¼,Section 29, Township 1 South, Range 75 West, 6th P.M. A map of the reservoir is attached to theApplication. Source: The pond will be filled via deliveries from the Cozens Ditch, via VasquezCreek, tributary to the Fraser River, as identified in the plan for augmentation decreed in Case No.98CW041. Date of Appropriation: September 26, 1986. Date water applied to beneficial use: N/A.How appropriation was initiated: By formulation of intent, application for plan for augmentation,design of an integrated water supply system. Amount claimed: 10.0 acre feet, conditional. Uses orproposed uses: Irrigation, aesthetic, piscatorial, recreation, domestic, municipal, commercial,industrial, and for augmentation and exchange purposes. Maximum height of dam: N/A. Reservoirwill be excavated in the ground. Length of dam: N/A. Total capacity of reservoir: 10.0 acre-feet.Active capacity of reservoir: 10.0 acre-feet. Dead storage: 0 acre-feet. Name and capacity of ditch(es)leading to reservoir: Cozens Ditch and all its enlargements, for a total of 7.725 cfs. The name andaddress of the owner of the land upon which the point of diversion is located is: Town of Winter


Park, P.O. Box 3327, Winter Park, CO 80482; the name and address of the owner of the land uponwhich the place of use of the water is or will be is: Maryvale Village, LLC, P.O. Box 149, WinterPark, CO 80482. FOURTH CLAIM. Name of Reservoir: Maryvale J-2 Reservoir. Legal description ofreservoir dam: NE¼NE¼, Section 29, and NW¼NW¼, Section 28, Township 1 South, Range 75 West,6th P.M. A map of the reservoir is attached to the Application. Source: The pond will be filled viadeliveries from the Cozens Ditch, via Vasquez Creek, tributary to the Fraser River, as identified inthe plan for augmentation decreed in Case No. 98CW041. Date of Appropriation: September 26, 1986.Date water applied to beneficial use: N/A. How appropriation was initiated: By formulation ofintent, application for plan for augmentation, design of an integrated water supply system. Amountclaimed: 2.0 acre feet, conditional. Uses or proposed uses: Irrigation, aesthetic, piscatorial,recreation, domestic, municipal, commercial, industrial, and for augmentation and exchangepurposes. Maximum height of dam: N/A. Reservoir will be excavated in the ground. Length ofdam: N/A. Total capacity of reservoir: 2.0 acre-feet. Active capacity of reservoir: 2.0 acre-feet. Deadstorage: 0 acre-feet. Name and capacity of ditch(es) leading to reservoir: Cozens Ditch and all itsenlargements, for a total of 7.725 cfs. The name and address of the owner of the land upon which thepoint of diversion is located is: Town of Winter Park, P.O. Box 3327, Winter Park, CO 80482; thename and address of the owner of the land upon which the place of use of the water is or will be is:Maryvale Village, LLC, P.O. Box 149, Winter Park, CO 80482. FIFTH CLAIM. Name of Reservoir:Maryvale J-3 Reservoir. Legal description of reservoir dam: NW¼NW¼ and SW¼NW¼, Section 28,Township 1 South, Range 75 West, 6th P.M. A map of the reservoir is attached to the Application.Source: The pond will be filled via deliveries from the Cozens Ditch, via Vasquez Creek, tributary tothe Fraser River, as identified in the plan for augmentation decreed in Case No. 98CW041. Date ofAppropriation: September 26, 1986. Date water applied to beneficial use: N/A. How appropriationwas initiated: By formulation of intent, application for plan for augmentation, design of an integratedwater supply system. Amount claimed: 6.0 acre feet, conditional. Uses or proposed uses: Irrigation,aesthetic, piscatorial, recreation, domestic, municipal, commercial, industrial, and for augmentationand exchange purposes. Maximum height of dam: N/A. Reservoir will be excavated in ground.Length of dam: N/A. Total capacity of reservoir: 6.0 acre-feet. Active capacity of reservoir: 6.0acre-feet. Dead storage: 0 acre-feet. Name and capacity of ditch(es) leading to reservoir: CozensDitch and all its enlargements, for a total of 7.725 cfs. The name and address of the owner of the landupon which the point of diversion is located is: Town of Winter Park, P.O. Box 3327, Winter Park,CO 80482; the name and address of the owner of the land upon which the place of use of the water isor will be is: Maryvale Village, LLC, P.O. Box 149, Winter Park, CO 80482. SIXTH CLAIM. Name ofReservoir: Maryvale E-F Reservoir. Legal description of reservoir dam: SE¼NW¼, Section 28,Township 1 South, Range 75 West, 6th P.M. A map of the reservoir is attached to the Application.Source: The pond will be filled via deliveries from the Cozens Ditch, via Vasquez Creek, tributary tothe Fraser River, as identified in the plan for augmentation decreed in Case No. 98CW041. Date ofAppropriation: September 26, 1986. Date water applied to beneficial use: N/A. How appropriationwas initiated: By formulation of intent, application for plan for augmentation, design of an integratedwater supply system. Amount claimed: 6.0 acre feet, conditional. Uses or proposed uses: Irrigation,aesthetic, piscatorial, recreation, domestic, municipal, commercial, industrial, and for augmentationand exchange purposes. Maximum height of dam: N/A. Reservoir will be excavated in the ground.Length of dam: N/A. Total capacity of reservoir: 6.0 acre-feet. Active capacity of reservoir: 6.0acre-feet. Dead storage: 0 acre-feet. Name and capacity of ditch(es) leading to reservoir: CozensDitch and all its enlargements, for a total of 7.725 cfs. The name and address of the owner of the landupon which the point of diversion is located is: Town of Winter Park, P.O. Box 3327, Winter Park,


CO 80482; the name and address of the owner of the land upon which the place of use of the water isor will be is: Maryvale Village, LLC, P.O. Box 149, Winter Park, CO 80482. Remarks: The abovestorage reservoirs will be filled by storage of the excess consumptive use credits, as decreed in theApplicant’s Plan for Augmentation, Case No. 98CW041. In addition, the storage ponds will be filledin priority from the Cozens Ditch during the irrigation season, and by junior fill rights filed for onthe same date as this Application. SEVENTH CLAIM. Name of Reservoir: MR-1 Reservoir. Legaldescription of reservoir dam: SE¼ NE¼, Section 29, Township 1 South, Range 75 West of the 6th P.M.Source: Vasquez Creek and Leland Creek. Date of Appropriation: December 31, 1999. Date waterapplied to beneficial use: N/A. How appropriation was initiated: By formulation of intent,application for water rights, design of an integrated water supply system. Amount claimed: 10.0acre feet, conditional. Uses or proposed uses: Irrigation, aesthetic, piscatorial, recreation, domestic,municipal, commercial, industrial, and for augmentation and exchange purposes. Maximum heightof dam: N/A. Reservoir will be excavated in the ground. Length of dam: N/A. Total capacity ofreservoir: 10.0 acre-feet. Active capacity of reservoir: 10.0 acre-feet. Dead storage: 0 acre-feet. Nameand capacity of ditch(es) leading to reservoir: Cozens Ditch First enlargement (3.1 cfs), Cozens DitchExtension (1.5 cfs) which divert from Vasquez Creek and Leland Creek respectively. The name andaddress of the owner of the land upon which the point of diversion is located is: Town of WinterPark, P.O. Box 3327, Winter Park, CO 80482; the name and address of the owner of the land uponwhich the place of use of the water is or will be is: Maryvale Village, LLC, P.O. Box 149, WinterPark, CO 80482. EIGHT CLAIM. Name of Reservoir: MR-2 Reservoir. Legal description of reservoirdam: SE¼ NE¼, Section 29, Township 1 South, Range 75 West of the 6th P.M. Source: Vasquez Creekand Leland Creek. Date of Appropriation: December 31, 1999. Date water applied to beneficial use:N/A. How appropriation was initiated: By formulation of intent, application for water rights,design of an integrated water supply system. Amount claimed: 10.0 acre feet, conditional. Uses orproposed uses: Irrigation, aesthetic, piscatorial, recreation, domestic, municipal, commercial,industrial, and for augmentation and exchange purposes. Maximum height of dam: N/A. Reservoirwill be excavated in the ground. Length of dam: N/A. Total capacity of reservoir: 10.0 acre-feet.Active capacity of reservoir: 10.0 acre-feet. Dead storage: 0 acre-feet. Name and capacity of ditch(es)leading to reservoir: Cozens Ditch First enlargement (3.1 cfs), Cozens Ditch Extension (1.5 cfs) whichdivert from Vasquez Creek and Leland Creek respectively. The name and address of the owner ofthe land upon which the point of diversion is located is: Town of Winter Park, P.O. Box 3327, WinterPark, CO 80482; the name and address of the owner of the land upon which the place of use of thewater is or will be is: Maryvale Village, LLC, P.O. Box 149, Winter Park, CO 80482.


NINTH CLAIM. Name of Reservoir: MR-3 Reservoir. Legal description of reservoirdam: SW¼ NE¼, Section 29, Township 1 South, Range 75 West of the 6th P.M. Source:Vasquez Creek and Leland Creek. Date of Appropriation: December 31, 1999. Datewater applied to beneficial use: N/A. How appropriation was initiated: Byformulation of intent, application for plan for augmentation, design of an integratedwater supply system. Amount claimed: 10.0 acre feet, conditional. Uses or proposeduses: Irrigation, aesthetic, piscatorial, recreation, domestic, municipal, commercial,industrial, and for augmentation and exchange purposes. Maximum height of dam:N/A. Reservoir will be excavated in the ground. Length of dam: N/A. Total capacityof reservoir: 10.0 acre-feet. Active capacity of reservoir: 10.0 acre-feet. Dead storage: 0acre-feet. Name and capacity of ditch(es) leading to reservoir: Cozens Ditch Firstenlargement (3.1 cfs), Cozens Ditch Extension (1.5 cfs) which divert from VasquezCreek and Leland Creek respectively. The name and address of the owner of the landupon which the point of diversion is located is: Town of Winter Park, P.O. Box 3327,Winter Park, CO 80482; the name and address of the owner of the land upon which theplace of use of the water is or will be is: Maryvale Village, LLC, P.O. Box 149, WinterPark, CO 80482.TENTH CLAIM. Name of Reservoir: MR-4 Reservoir. Legal description of reservoirdam: NW¼ NE¼, Section 29, Township 1 South, Range 75 West of the 6th P.M. Source:Vasquez Creek and Leland Creek. Date of Appropriation: December 31, 1999. Datewater applied to beneficial use: N/A. How appropriation was initiated: By formulationof intent, application for water rights, design of an integrated water supply system.Amount claimed: 10.0 acre feet, conditional. Uses or proposed uses: Irrigation,aesthetic, piscatorial, recreation, domestic, municipal, commercial, industrial, and foraugmentation and exchange purposes. Maximum height of dam: N/A. Reservoir willbe excavated in the ground. Length of dam: N/A. Total capacity of reservoir: 10.0acre-feet. Active capacity of reservoir: 10.0 acre-feet. Dead storage: 0 acre-feet. Nameand capacity of ditch(es) leading to reservoir: Cozens Ditch First enlargement (3.1 cfs),Cozens Ditch Extension (1.5 cfs) which divert from Vasquez Creek and Leland Creekrespectively. The name and address of the owner of the land upon which the point ofdiversion is located is: Town of Winter Park, P.O. Box 3327, Winter Park, CO 80482; thename and address of the owner of the land upon which the place of use of the water isor will be is: Maryvale Village, LLC, P.O. Box 149, Winter Park, CO 80482. (13 pages)


41. 99CW316 GRAND COUNTY - SHEEP CREEK, COLORADO RIVER;Gallagher Ranch LLC, 370 17th Street, Suite 5400, Denver, CO 80202, (303) 595-7710,(c/o William A. Paddock, Esq., Carlson, Hammond & Paddock, L.L.C., 1700 LincolnSt., Suite 3900, Denver, CO 80203-4539. APPLICATION FOR WATER RIGHTS. 2.Gould Pond No. 1: A. Location: The SE1/4 of the SE1/4 of Section 5, Township 1North, Range 81 West of the 6th P.M.; and geographically at Colorado State Plane NorthZone NAD83 Coordinate 1,271,885N: 2,723,800E. B. Source: The Middle Fork ofSheep Creek delivered through the Strawberry Ditch. C. Date of initiation ofappropriation: December 28, 1999. D. The appropriation was initiated by theformation of the intent to appropriate, by field inspection of the proposed dam site, andother acts in furtherance of the appropriation. E. Date water applied to beneficial use:Not applicable. F. Amount claimed: 53 acre-feet conditional with the right tocontinuously fill and refill in priority, and to maintain a freshening flow through thepond. G. Point of diversion: Headgate of the Strawberry Ditch which is located on thesouth bank of the Middle Fork of Sheep Creek, at a point whence the SE corner ofSection 5, Township 1 North, Range 81 West of the 6th P.M. bears South 30°35' East adistance of 2,490 feet; and geographically at Colorado State Plane North Zone NAD83Coordinate 1,273,196N: 2,723,108E. H. Rate of diversion through Strawberry Ditch:7.5 c.f.s. I. Use: Stock water, piscatorial, wildlife, recreation and fire fighting. J.Surface area at high water line: 4.08 acres. (1) Maximum height of dam: the dam willbe constructed to not impound water to a depth greater than 10.0 feet above the naturalstream bed where that point occurs along the longitudinal centerline of the dam. (2)Length of dam: 500 feet. K. Total capacity of pond: (1) Active capacity: 0 acre-feet.(2) Dead storage: 53 acre-feet. 3. Gould Pond No. 2: A. Location: The SW1/4 of theSW1/4 of Section 4, Township 1 North, Range 81 West of the 6th P.M.; andgeographically at Colorado State Plane North Zone NAD83 Coordinate 1,271,861N:2,724,649E. B. Source: The Middle Fork of Sheep Creek delivered through theStrawberry Ditch. C. Date of initiation of appropriation: December 28, 1999. D. Theappropriation was initiated by the formation of the intent to appropriate, by fieldinspection of the proposed dam site, and other acts in furtherance of the appropriation.E. Date water applied to beneficial use: Not applicable. F. Amount claimed: 34.9acre-feet conditional with the right to continuously fill and refill in priority, and tomaintain a freshening flow through the pond. G. Point of diversion: Headgate of theStrawberry Ditch which is located on the South bank of the Middle Fork of SheepCreek, at a point whence the SE corner of Section 5, Township 1 North, Range 81 Westof the 6th P.M. bears South 30°35' East a distance of 2,490 feet; and geographically atColorado State Plane North Zone NAD83 Coordinate 1,273,196N: 2,723,108E. H. Rateof diversion through Strawberry Ditch: 7.5 c.f.s. I. Use: Stock water, piscatorial,wildlife, recreation and fire fighting. J. Surface area at high water line: 2.76 acres. (1)Maximum height of dam: the dam will be constructed to not impound water to a depthof more than 10.0 feet above the natural ground surface where that point occurs alongthe longitudinal centerline of the dam. (2) Length of dam: 400 feet. K. Total capacityof pond: (1) Active capacity: 0 acre-feet. (2) Dead capacity: 34.9 acre-feet. 4. Kid's


Pond: A. Location: The NE1/4 of the SW1/4 of Section 14, Township 1 North, Range81 West of the 6th P.M.; and geographically the dam centerline is at Colorado StatePlane North Zone NAD83 Coordinate 1,261,670N: 2,737,051E. B. Source: Seepage andsurface runoff tributary to the Colorado River. C. Date of initiation of appropriation:December 31, 1954, as to absolute portion and December 28, 1999, as to enlargement.D. The conditional appropriation was initiated by the formation of the intent toappropriate, by field inspection of the proposed dam site, and other acts in furtheranceof the appropriation. The absolute appropriation was initiated by constructing the damand applying water to beneficial use. E. Date water applied to beneficial use:December 31, 1954, as to absolute portion, and not applicable to enlargement. F.Amount claimed: 4.2 acre-feet absolute by original appropriation and 11.5 acre-feetconditional by enlargement. G. Use: Stock water, piscatorial, wildlife, recreation andfire fighting. H. Surface area at high water line: 2.1 acres under originalappropriation, 3.64 acres when enlarged. (1) Maximum height of dam: the dam willbe constructed to not impound water to a depth of more than 10.0 feet above thenatural ground surface where that point occurs along the longitudinal centerline of thedam. (2) Length of dam: 170 feet for existing dam; 340 feet when enlarged. I. Totalcapacity of pond: (1) Active capacity: 0 acre-feet (2) Dead storage: 4.2 acre-feetunder original appropriation; 15.7 acre-feet when enlarged. 5. Gore View Pond: A.Location: The NE1/4 of the SE1/4 of Section 16, Township 1 North, Range 81 West ofthe 6th P.M.; and the dam centerline is geographically at Colorado State Plane NorthZone NAD83 Coordinate 1,262,346N: 2,729,396E. B. Source: Seepage and unnamedtributaries of the Colorado River delivered through the Kremmling South Feeder Ditch.C. Date of initiation of appropriation: December 31, 1954, as to absolute portion, andJuly 15, 1999, as to the enlargement. D. The absolute appropriation was initiated byconstructing and enlarging the dam and applying water to beneficial use. E. Datewater applied to beneficial use: December 31, 1954, as to 3.6 acre-feet, and July 15,1999, as to 10.5 acre-feet. F. Amount claimed: 14.1 acre-feet absolute. G. Points ofdiversion of Kremmling South Feeder Ditch: (1) Headgate No. 3 is located at a pointon the left bank of an unnamed tributary to the Colorado River; whence the Northeastcorner of Section 15, Township 1 North, Range 81 West of the 6th P.M. bears North44°42' East for 10,837.12 feet. (2) Headgate No. 4 is located at a point on the left bankof an unnamed tributary to the Colorado River, whence the Northeast corner of Section15, Township 1 North, Range 81 West, of the 6th P.M. bears North 51°29' East, a distanceof 9,846.96 feet. H. Rate of diversion through Kremmling South Feeder Ditch: 7.8 c.f.s.I. Use: Stock water, piscatorial, wildlife, recreation and fire fighting. J. Surface area athigh water line: 1.24 acres originally, and 2.79 acres as enlarged. (1) Maximum heightof dam: the dam is constructed to not impound water to a depth of more than 10.0 feetabove the natural ground surface where that point occurs along the longitudinalcenterline of the dam. (2) Length of dam: 200 feet. K. Total capacity of pond: (1)Active capacity: 0 acre-feet. (2) Dead storage: 14.1 acre-feet. 6. The Applicant is theowner of the land on which the structures are located and all lands that will beinundated by the ponds. The Town of Kremmling, P.O. Box 538, 200 Eagle Avenue,Kremmling, Colorado 80459, owns the Kremmling South Feeder Ditch. The initial


filling of the Gould Ponds and the enlargement to the Kid's Pond will be done inpriority or by exchange using fully consumable water. All out-of-priority depletionswill be replaced pursuant to a plan for augmentation to be filed by the Applicant. (7pages)

42. 99CW317 GARFIELD COUNTY - Parachute Creek, Colorado River. Union OilCompany of California, d/b/a Unocal, c/o Mary Parish, Esq., P.O. Box 7600, Brea,California 92622. (Please direct all correspondence and pleadings in this matter toJames R. Montgomery, Moses, Wittemyer, Harrison and Woodruff, P.C., P.O. Box 1440,Boulder, CO 80306). Application for Change of Water Rights. 2. Decreed name ofstructures for which change is sought: Cornell Ditch, Parachute Ditch, Daisy Ditch, andPumping Pipeline of Union Oil Company of California ("Pumping Pipeline"). 3.Purpose of application: Unocal seeks approval of changes in the points of diversion forwater rights associated with the above described structures to alternate points ofdiversion as described below, a change in the place of use of the subject water rights,and a change in the types of use for a portion of the Pumping Pipeline water rights. 4.From previous decrees:

A. Cornell Ditch (Priority No. 51):(1) Case No. 103 (General Adjudication), District Court, Garfield

County, Colorado, May 11, 1889.(2) Decreed point of diversion: Cornell Ditch headgate, located on the

east bank of Parachute Creek about 2 miles above the mouth ofsaid Creek, in the NW1/4 of Section 2, Township 7 South, Range 96West of the 6th P.M.

(3) Sources: Parachute Creek.(4) Amount: 1.26 cfs of 3.5 cfs.(5) Appropriation date: May 17, 1883.(6) Decreed use: Irrigation.

B. Parachute Ditch (Priority No. 131):(1) Previous decree: Case No. 103 (General Adjudication), District

Court, Garfield County, Colorado, May 11, 1889.(2) Decreed point of diversion: The Parachute Ditch headgate, located

in Lot 12 of Section 34, Township 6 South, Range 96W of the 6th

P.M., at a point whence the South Quarter Corner of said Section 34bears S56°04'47"E a distance of 1,569.99 feet, and the point ofdiversion is located in Lot 12 of Section 34, Township 6 South,Range 96W of the 6th P.M., at a point whence the South QuarterCorner of said Section 34 bears S53°16'18"E a distance of 2,019.35feet.

(3) Source: Parachute Creek.(4) Amount: 1.2 cfs of 3.6 cfs.(5) Appropriation date: April 1, 1888.


(6) Decreed use: Irrigation.

C. Parachute Ditch (Priority No. 149):(1) Previous decree: Case No. 469 in the District Court in and for

Garfield County, April 27, 1892.(2) Decreed point of diversion: Parachute Ditch headgate as described

in paragraph 4(B)(2) above.(3) Source: Parachute Creek.(4) Amount: 1.565 cfs of 1.6 cfs.(5) Appropriation date: November 9, 1891.(6) Decreed use: Irrigation.

D. Daisy Ditch (Priority No. 9):(1) Previous decree: Case No. 103 (General Adjudication), District

Court, Garfield County, Colorado, May 11, 1889.(2) Decreed point of diversion: Daisy Ditch headgate, located on the

east bank of Parachute Creek about 1 1/2 miles above the mouth ofsaid Creek, in the SE1/4 of Section 2, Township 7 South, Range 96West.

(3) Source: Parachute Creek.(4) Amount: 0.10 cfs of 6.4 cfs.(5) Appropriation date: May 17, 1883.(6) Decreed use: Irrigation.

E. Pumping Pipeline (Priority No. 259):(1) Previous Decree: Case No. 4004, District Court, Garfield County,

Colorado, September 5, 1952.(2) Decreed Point of Diversion: Pumping Pipeline, located at a point

on the westerly or northwesterly bank of the Colorado Riverwhence the section corner common to Sections 6 and 7, Township 7South, Range 95 West of the 6th P.M. and Sections 1 and 12,Township 7 South, Range 96 West of the 6th P.M., bears south 89°5'west 3,364.65 feet.

(3) Source: Colorado River.(4) Amount: 5.93 cfs absolute, 112.57 cfs conditional. Unocal owns

108.5 cfs of the Pumping Pipeline water right.(5) Appropriation date: February 14, 1949.


(6) Decreed Uses: Industrial, retorting, mining, refining, power,domestic, and all other purposes used in connection with theproduction of oil shale and its products, and for water necessary orconvenient in the operation of such plants and of the persons andlands used for the housing of employees of such company inconnections with said plants and their families. Pursuant to thedecree in Case No. 83CW349, District Court, Water Division No. 5,such uses also include storage and irrigation for reclamation ofretorted shale and other irrigation reasonably required for Unocal'sshale oil projects.


5. Historical use: A summary of diversion records for Unocal's portion of the Cornell,Parachute and Daisy Ditches, and a map showing the lands historically irrigated areattached as exhibits to this application. Unocal's water rights consultant hasdetermined the following historical use: A. Cornell Ditch: Unocal's interest in theCornell Ditch, Priority No. 51, water rights was used to irrigate pasture grass andalfalfa on approximately 30.69 acres in the SE1/4 of Section 2, Township 7 South, Range96 West of the 6th P.M. B. Parachute Ditch: Unocal's interest in the Parachute Ditch,Priority Nos. 131 and 149, water rights was used to irrigate alfalfa on approximately73.98 acres in the S1/2 of Section 2, Township 7 South, Range 96 West of the 6th P.M. C.Daisy Ditch: Unocal's interest in the Daisy Ditch, Priority No. 9, water rights was usedto irrigate acreage in the SE1/4 of Section 2, Township 7 South, Range 96 West of the 6th

P.M. D. Pumping Pipeline: Unocal's Pumping Pipeline water rights are decreed forfully consumptive uses; 5.93 cfs were made absolute as a result of use in Unocal's oilshale project. 6. Proposed change: A. Points of diversion: Unocal seeks to change thesubject water rights to the following alternate points of diversion in the followingamounts: (1) Charley Dere Ditch headgate: located on the west bank of the MiddleFork of Parachute Creek at a point whence the West quarter corner of Lot 9, Section 18,Township 5 South, Range 95 West of the 6th P.M. bears South 60°00' West a distance of559 feet. The maximum diversion under the changed water rights for the Charley DereDitch headgate will be 2.0 cfs. (2) West Fork Ditch headgate: located in theSE1/4NW1/4 of Section 25, Township 5 South, Range 96 West of the 6th P.M. at a pointwhence the Northwest Corner of Section 30, Township 5 South, Range 95 West of the 6th

P.M. bears N50°23'08"E a distance of 3,539.31 feet. The maximum diversion under thechanged water rights for the West Fork Ditch headgate will be 10.0 cfs. (3) DavenportDitch headgate: located in Lot 4 of Section 30, Township 5 South, Range 95 West of the6th P.M. at a point whence the Northwest corner of said Section 30 bears N04°15'54"W adistance of 1,450.09 feet. The maximum diversion under the changed water rights forthe Davenport Ditch headgate will be 10.0 cfs. (4) Granlee Ditch headgate: located inLot 1 of Section 4, Township 6 South, Range 96 West of the 6th P.M. at a point whencethe West Quarter Corner of said Section 4 bears S35°19'27"W a distance of 3,145.60 feet,and the point of diversion is located in Lot 1 of Section 4, Township 6 South, Range 96West of the 6th P.M. at a point whence the West Quarter Corner of said Section 4 bearsS35°17'16"W a distance of 3,195.56 feet. The maximum diversion under the changedwater rights for the Granlee Ditch headgate will be 2.0 cfs. (5) Benson & Barnett Ditchheadgate: located in Lot 11 of Section 4, Township 6 South, Range 96 West of the 6th

P.M. at a point whence the Southwest Corner of said Section 4 bears S58°58'56"W adistance of 972.72 feet. The maximum diversion under the changed water rights for theBenson & Barnett Ditch headgate will be 2.0 cfs. (6) Low Cost Ditch headgate: locatedin Lot 13 of Section 17, Township 6 South, Range 96 West of the 6th P.M. at a pointwhence the South Quarter Corner of said Section 17 bears S18°11'00"W a distance of789.61 feet. The maximum diversion under the changed water rights for the Low CostDitch headgate will be 20.0 cfs. B. Change in places of use: Unocal seeks to change theplace of use from the land historically irrigated with these water rights as described inparagraph 5 above to portions of the following land owned by Unocal: Sections 19, 30,


and 31, Township 5 South, Range 95 West of the 6th P.M.; Sections 25 and 36, Township5 South, Range 96 West of the 6th P.M.; and Sections 4, 8, 9, 28, 29, 33, and 36, Township6 South, Range 96 West of the 6th P.M. The lands described above include a total of300.4 acres that can be irrigated with water diverted at the various points of diversiondescribed in paragraph 6.A. These lands have been previously irrigated under variouswater rights that were changed to industrial use and removed from the lands. Unocaldesires to keep such lands in agricultural production. In order to prevent injury toother water rights and to assure that the change sought in this application will notenlarge the use of the water rights being changed, Unocal will limit the number of acresirrigated with the Cornell Ditch, Parachute Ditch, and Daisy Ditch water rights to thenumber of acres historically irrigated with those water rights. The balance of theacreage will be irrigated with diversions under the Pumping Pipeline water right. Inorder to prevent injury to water rights on Parachute Creek located between the mouthof Parachute Creek and the points of diversion described in paragraph 6.A., Unocal willnot exercise its Pumping Pipeline water right at the new points of diversion if a waterright in such intervening reach with a priority senior to the date of the filing of thisapplication has placed a legitimate call for water under such priority and is notreceiving its full supply. C. Types of use: Unocal seeks to change the types of use ofthe Pumping Pipeline water right to include irrigation of the lands described inparagraph 6(B) above in addition to the other decreed uses. The Pumping Pipelinewater right is decreed for fully consumptive uses. By adding irrigation to the usesdecreed for the Pumping Pipeline water right, Unocal does not waive or relinquish anyright to the reuse and successive use of return flows to extinction. 7. Names andaddresses of owners of land on which alternate points of diversion are located and onwhich the subject water rights will be put to beneficial use: Union Oil Company ofCalifornia, d/b/a Unocal, c/o Mary Parish, Esq., P.O. Box 7600, Brea, California 92622,(714)577-2836. Colorado address: Union Oil Company of California, d/b/a Unocal,c/o Gary R. Morris, Asset Manager, Asset Management Group, P.O. Box 907,Parachute, Colorado 81635, (970) 285-7600. WHEREFORE, Unocal requests the Courtto approve the changes described above and to find that such changes will not causeinjury to other water rights and to grant such other relief as may be appropriate. 11pages.


43. 99CW318 RIO BLANCO COUNTY, APPLICATION FOR WATER RIGHTS,Piceance State Wildlife Area; C/O STEPHEN C. CANN, Assistant Attorney General,Natural Resources Section, Attorney for DOW, 1525 Sherman Street, 5th Floor,Denver,Colorado 80203,Telephone: (303) 866-5033, FAX: (303) 866-3558. FIRST CLAIMAPPLICATION FOR WATER RIGHTS (SURFACE). 1. The name and address of theApplicants are: Colorado Division of Wildlife and the Wildlife Commission, 6060Broadway Denver, Colorado 80216-1000, (303) 297-1192. 2. Name of Structure: ViolettSprings. 3. Legal Description of point of diversion: The Violett Springs emerge fromthe base of a slope in the southeast quarter of Section 2, Township 1 South, Range 98West, 6th. PM. There are approximately ten (10) areas of concentrated groundwaterseepage located along an approximately 1600 foot seepage face (see Attachment A,filing map). This seepage face is located as follows: The northeast end of the seepageface is located at a point where the northeast corner of Section 2, T1S-R98W bears North12°, 56’, 19” East, approximately 1700 feet. The southwest end of the seepage face islocated at a point where the northeast corner of Section 2, T1S-R98W bears North 25°,20’, 39” East, approximately 3230 feet. 4.Source: Groundwater seepage, tributary toYellow Creek, tributary to the White River. 5. Information about the appropriation: A.Date of initiation of appropriation: Violett Springs Pond #1 (upper pond), prior toDivision of Wildlife ownership on January 24, 1946. Right was initiated byconstruction of dike for the upper pond. The Dike for Violett Springs Pond #2 (lowerpond) was built in spring 1994, initiating this appropriation. Preservation of spring-fedwetlands initiated when the Division purchased the property in 1946. B. Date waterapplied to beneficial use: January 24, 1946 for Violett Pond #1. June 30, 1994 for ViolettSprings Pond #2; water used for wetland and waterfowl habitat since the Divisionpurchased the property. C. How appropriation was initiated: By field inspection,formation of intent to apply and maintain water use for wildlife purposes, fencing ofproperty boundary to prevent cattle grazing in wetlands and riparian areas,construction of lower dike for water impoundment to enhance wildlife habitat. 6.Amount claimed: 1.31 cfs ABSOLUTE (see attachment B). Use: Wildlife (waterfowlhabitat and wildlife watering); irrigation (wetlands). 8. Remarks or other pertinentinformation: The Piceance State Wildlife Area (Piceance SWA) is located in Rio BlancoCounty on numerous tracts of land 10-40 miles west-southwest of Meeker, Colorado.The Piceance SWA is contiguous with large tracts of Federal land, and thus providesdiverse but continuous habitat for many game and non-game species of wildlife. ThePiceance SWA is managed to provide habitat for big game, with summer, winter, andtransitional range represented. Many of the bottomland tracts encompass ephemeral orperennial streams, which also provide watering areas and habitat for waterfowl andother non-game species. The Violett Springs Ponds are flow-through open water areas.Violett Springs Pond #1 captures approximately 0.4 cfs of springflow, most of whichruns into Violett Springs Pond #2. Violett Springs Pond #2 receives the runoff from theupper pond, and captures an additional 0.91 cfs from springs. Storage volumes remainconstant in both ponds. The Violett Springs wetlands and ponds provide excellenthabitat and breeding grounds for waterfowl, including mallards, cinnamon and greenwinged teal, and are important wildlife watering areas and winter range. Water


originating from the Violett Springs benefits waterfowl and wildlife by creating diverseopen-water and vegetated wetland habitat types adjacent to Yellow Creek. The YellowCreek riparian habitat in this reach consists of marshy sedge and rush dominatedwetlands; water from Violett Springs expands the extent of this wetland area. Wetlandhabitat types represented within the Violett Springs-Yellow Creek wetland complexinclude open water, cattail fringes, emergent herbaceous wetlands, and willow riparianalong Yellow Creek (recently planted). The diversity of habitat types represented in thearea immediately around the Violett Springs is extremely unique in this otherwise aridlandscape. SECOND CLAIM WATER STORAGE RIGHTS 9. The name and address ofthe Applicants are: Colorado Division of Wildlife and the Wildlife Commission, 6060Broadway Denver, Colorado 80216-1000, (303) 297-1192. 10. The name of the reservoirinvolved: Violett Springs Ponds, #1 and #2. Legal description of reservoirs: ViolettSprings Pond #1 (Upper Pond): NE ¼, Section 2, Township 1 South, Range 98 West, 6th

PM. The center point of the dike (700 feet in length) impounding water for Pond #1 islocated such that the northeast corner of Section 2 bears 2050 feet North 11° 58’ 32” East.Violett Springs Pond #2 (Lower Pond): NE ¼, Section 2, Township 1 South, Range 98West, 6th Prime Meridian, and the NW ¼, Section 1, Township 1 South, Range 98 West.The center point of the dike (860 feet in length) impounding water for Pond #2 islocated such that the northeast corner of Section 2 bears 2070 feet North 0° 31’54” West.An outlet gate is located on this dike such that the northeast corner of Section 2 bears1860 feet North 1° 9’ 49” West. 12. The source of the water is: Groundwater seepagefrom Violett Springs, tributary to Yellow Creek, tributary to the White River. 13.Information about the appropriation: A. Date of initiation of appropriation: Lowerdike built in June, 1994; upper dike built prior to ownership by the Division. TheDivision acquired this property on January 24, 1946. B. Date water applied tobeneficial use: Lower Violett Springs Pond – June, 1994; Upper Violett Springs Pond –Prior to ownership by the Division. The Division acquired this property on January 24,1946. The Division acquired land and began maintaining area as wetland andwaterfowl habitat. C. How appropriation was initiated: By field inspection, formationof intent to apply water to beneficial use, and construction of the impoundment dikes.14. Amount claimed: Violett Springs Pond #1: Surface area is 1.9 acres; volume = 3.8acre-feet Violett Springs Pond #2: Surface area is 4.3 acres; volume = 8.6 acre-feet. A.If off-channel reservoir, rate of diversion in cfs for filling the reservoir: No water isdiverted from Yellow Creek to fill either Pond #1 or Pond #2. Water levels in pond aremaintained by capture of spring flow from Violett Springs (see above). Rate of flowfrom springs is approximately 1.31 cfs (see First Claim and Attachment B). 15. Use ofthe water: Wildlife habitat and wildlife watering. 16. Surface area of high water line:Violett Springs Pond #1: 1.9 acres. Violett Springs Pond #2: 4.3 acres. A. Maximumheight of dam in feet: Violett Springs Pond #1: 5 feet; Violett Springs Pond #2: 5 feet.B. Length of Dam in feet: Violett Springs Pond #1: 700 feet; Violett Springs Pond #2:860 feet. 17. Total capacity of reservoir in acre feet: Active capacity: Violett SpringsPond #1: 3.8 AF; Violett Springs Pond #2: 8.6 AF. B. Dead storage: Violett SpringsPond #1: 3.8 AF; Violett Springs Pond #2: 8.6 AF. 18. Name and address of owner ofland on which structures for the water right is located: Colorado Division of Wildlife


and the Wildlife Commission 6060 Broadway Denver, Colorado 80216-1000, (303) 297-1192. (10 pages)

44. 99CW319 PITKIN COUNTY - GROUNDWATER TRIBUTARY TOROARING FORK RIVER.


Application for Underground Water Rights, Change of Water Rights and Approval ofPlan for Augmentation Including Appropriative Exchange. Holland Hills at BasaltSubdivision, Property Owners Association, c/o Scott C. Miller, Esq., Patrick & Stowell,P.C., 730 E. Durant Ave., Suite 200, Aspen, CO 81611, (970) 920-1028 and Estate of JohnPowers, c/o Scott Balcomb, Esq., Balcomb & Green, P.C., 818 Colorado Avenue, P.O.Drawer 790, Glenwood Springs, CO 81602, (970) 945-6546. FIRST CLAIMAPPLICATION FOR CONDITIONAL UNDERGROUND WATER RIGHTS. Name ofWell Structures: Holland Hills Well No. 1; Holland Hills Well No. 2; Holland HillsWell #C; and Holland Hills Well #D. Legal Description of Points of Diversion (all inPitkin County): Holland Hills Well No. 1 is located in the SW 1/4 of the SE 1/4 ofSection 17, Township 8 South, Range 86 West of the 6th P.M. at a point 1490 feet fromthe East Section line and 350 feet from the South Section line. Holland Hills Well No. 2is located in the SW 1/4 of the SE 1/4 of Section 17, Township 8 South, Range 86 Westof the 6th P.M. at a point 1380 feet from the East Section line and 235 feet from the SouthSection line. Holland Hills Well #C is located in the NW 1/4 of the NE 1/4 of Section20, Township 8 South, Range 86 West of the 6th P.M. at a point 1340 feet from the EastSection line and 100 feet from the North Section Line. Holland Hills Well #D is locatedin the NW 1/4 of the NE 1/4 of Section 20, Township 8 South, Range 86 West of the 6th

P.M. at a point 890 feet from the East Section line and 245 feet from the North SectionLine. Source for all wells: Groundwater tributary to the Roaring Fork River. Amountclaimed for each well: 0.22 c.f.s. (100 g.p.m.), conditional. Proposed uses for each well:Domestic, commercial, fire protection, irrigation. Date of Appropriation for each well:May 18, 1999. Date Water applied to Beneficial Use for each well: n/a. Howappropriation was initiated for each well: Formulation of intent to apply water tobeneficial use, field inspection, survey, monumentation and legal description. Legaldescription and acreage of land to be irrigated: The Wells will provide lawn irrigationfor up to 1.47 acres contained within the Holland Hills subdivision property andadjacent properties as described in the Application. The name of the present owner ofthe land upon which the points of diversion are located is: Applicant Holland Hills; thenames and addresses of the owners of the land upon which the underground waterwill be used are: Applicant Holland Hills and adjacent properties; descriptions oflocations in the Application. SECOND CLAIM CHANGE OF WATER RIGHTS. Nameof structure and water right for which change is sought: Etienne (a/k/a H.N.) ArbaneyDitch, Priority No. 209AAA. Information from original decree: Date Entered: June 3,1904; Civil Action 1104; Garfield County District Court. Point of diversion: Theheadgate is located at a point on the west bank of Snowmass Creek approximately 1/4mile above the confluence of Snowmass Creek with the Roaring Fork River, per thedecree. Source: Snowmass Creek, a tributary of the Roaring Fork River, a tributary ofthe Colorado River. Appropriation date: June 1, 1891. Amount: 3.24 c.f.s. (decreed for1.34 cfs absolute and 1.9 cfs conditional for irrigation use in Civil Action No. 1104; the1.9 cfs conditional portion was made absolute in Case No. W-70). Remark: ApplicantPowers is title owner of 0.33 c.f.s. of Priority No. 209AAA, of which Applicant HollandHills is a contract purchaser thereof. Historic use: Based on review of aerialphotographs and on field reconnaissance data, the Etienne Arbaney Ditch water right


owned by Applicant Powers has been used for irrigation of approximately 5.1 acres.The location of this historically irrigated land is shown on the map attached to theApplication. Water has been diverted regularly through the Etienne Arbaney Ditchfrom approximately the time of the appropriation date described in the Application,until approximately 1998, when the land was permanently removed from irrigation bythe Colorado Department of Transportation through widening of Highway 82.Diversions lasted from May through October of each year. A twenty-five summary ofdiversion records for the Etienne Arbaney Ditch is attached to the Application.Proposed change: Applicant seeks to change a portion of the 0.33 c.f.s of the EtienneArbaney Ditch, Priority No. 209AAA water right described in the Application for useas augmentation of out-of-priority consumptive stream depletions associated with theHolland Hills subdivision described in the augmentation plan set forth herein.Applicant further seeks to determine and confirm the historic consumptive useassociated with exercise of the entire 0.33 c.f.s interest in the Etienne Arbaney Ditchwater right. To make this consumptive use available, approximately 5.1 acres of landhistorically irrigated by Applicant’s portion of the Etienne Arbaney Ditch water righthas been removed from irrigation (“dry-up”). The location of the area removed fromirrigation is all of the historic irrigation on the Powers parcel as shown on attached tothe Application. Applicant estimates the consumptive use credit available from thehistoric use described in the Application is 1.93 acre-feet per irrigated acre based onBlaney-Criddle consumptive use estimates of pasture grass utilizing high altitudecoefficients. Such dry up of historically irrigated land will make availableapproximately 9.86 acre-feet per year of consumptive use credits. These consumptiveuse credits will accrue approximately on the following monthly basis: 1.94 acre-feet inMay; 2.45 acre-feet in June; 2.30 acre-feet in July; 1.4 acre-feet in August; 1.28 acre-feetin September; and 0.41 acre-feet in October. The flow rate associated with the 5.1 acresremoved from irrigation is 0.33 c.f.s. Applicant Holland Hills will utilize and dedicatea portion of these consumptive use credits to this augmentation plan, as identified inmonthly amounts in Column 7 of Table 7a, attached to the Application. Applicantclaims and reserves all right to, and has no intent to abandon such consumptive usecredits resulting from the dry-up of historically irrigated land which are not presentlytransferred to new uses herein. The name and address of the owner of the land uponwhich the point of diversion is located is: J. Cooke Wilson, Jr., Snowmass, CO; the nameand address of the owner of the land upon which the place of use of the water is or willbe is: Applicant. THIRD CLAIM PLAN FOR AUGMENTATION INCLUDINGAPPROPRIATIVE EXCHANGE. Name of structures to be augmented: Holland HillsWell No. 1, as described in the First Claim; Holland Hills Well No. 2, as described inthe First Claim; Holland Hills Well #C, as described in the First Claim; Holland HillsWell #D, as described in the First Claim; Timroth Well No. 1 (a/k/a Windmill Well) aslocated in the SW 1/4 of the SE 1/4 of Section 17, Township 8 South, Range 86 West ofthe 6th P.M. at a point 900 feet from the East Section line and 150 feet from the SouthSection line. [Timroth Well No. 1 is decreed absolute for 0.033 cfs (15 g.p.m.) fordomestic purposes in Case No. W– 1251 and is permitted under SEO Permit #48061-F-R]; Timroth Well No. 2 (a/k/a Condo Well) as located in the SE 1/4 of the SE Section


17, Township 8 South, Range 86 West of the 6th P.M. at a point 1000 feet from the EastSection line and 800 feet from the South Section line. [Timroth Well No. 2 is decreedabsolute for 0.033 cfs (15 g.p.m.) for domestic purposes in Case No. W– 1251 and ispermitted under SEO Permit #42871]; Timroth Well No. 3 (a/k/a Boothe Well) aslocated in the SE 1/4 of the SE 1/4 of Section 17, Township 8 South, Range 86 West ofthe 6th P.M. at a point 500 feet from the East Section line and 800 feet from the SouthSection line. [Timroth Well No. 3 is decreed absolute for 0.033 cfs (15 g.p.m.) fordomestic purposes in Case No. W–1251 and is permitted under SEO permit # 039153];Holland Hills Well No. 4 as located in the SW 1/4 of the SE 1/4 Section 17, Township 8South, Range 86 West of the 6th P.M. at a point 1800 feet from the East Section line and650 feet from the South Section line. [ Holland Hills Well No. 4 is decreed absolute for0.03 cfs (15gpm) for domestic purposes in Case No. W–2249-78 and permitted underSEO Permit # 017572-F]; and Holland Hills Well No. 5 as located in the SW 1/4 of theSW 1/4 Section 16, Township 8 South, Range 86 West of the 6th P.M. at a point 200 feetfrom the West Section line and 100 feet from the South Section line. [Holland Hills WellNo. 5 is decreed absolute for 0.033 cfs (15 g.p.m.) for domestic purposes in Case No. W-3326 and permitted under SEO Permit #021036-F]. Description of water rights to beused for augmentation. Water rights decreed to Ruedi Reservoir and made available toApplicant pursuant to a Water Allotment Contract with the Basalt Water ConservancyDistrict. Ruedi Reservoir was originally decreed in C.A. No. 4613, Garfield CountyDistrict Court, on June 20, 1958, with an appropriation date of July 29, 1957;subsequently in Case No. W-789-76 the decreed storage capacity for this Reservoir wasreduced to 102,369 acre feet. 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 ofNovember 3, 1978 (92 Stat. 2492), in substantial accordance with House Doc. No. 18783rd Congress, 1st Session, as modified by House Doc. 353, 86th Congress, 2nd Session,and is subject to the Operating Principles for the Fryingpan-Arkansas Project as setforth in House Doc. 130, 87th Cong., 1st Session. The federal reservoir is operated bythe U.S. Bureau of Reclamation which has contracted for an allotment of water to theBasalt Water Conservancy District. Consumptive use credits associated with dry-up oflands historically irrigated under 0.33 cfs interest in the Etienne (a/k/a H.N.) ArbaneyDitch, Priority 209AAA, as described in the Second Claim. Green Mountain Reservoir“historic users pool” in accordance with Senate Doc. 80, the Act of August 9, 1937, 50Stat. 564. Description of Holland Hills Development: Holland Hills at BasaltSubdivision (“Holland Hills”) is an existing residential and commercial developmentestablished in the early 1970’s, located on approximately 51 acres of land lying southand east of the Town of Basalt and north of the Roaring Fork River in unincorporatedPitkin County. The subdivision plat was approved by Pitkin County on March 27, 1970and is recorded at Book 4, Page 252 of Pitkin County real property records. A legaldescription identifying the subdivision property is attached to the Application. Thisplan also covers development on adjacent properties which parcels may be served bythe Holland Hills central water system. Legal descriptions for two currently identifiedparcels are attached to the Application. Additional adjacent properties may be served


and are included in this plan for augmentation so long as the EQR demand coveredhereunder is not exceeded. Reference to “Holland Hills” includes these adjacentproperties unless otherwise indicated. Holland Hills subdivision includes 58 plattedlots varying in size from 2 acres to less. Some of the lots contain multi-family dwellingswhile 52 of the lots are occupied by single family residences. There are a total of 76residential dwelling units in the subdivision. This plan assumes and provides foraccessory dwelling units for each of the single family residences. There are 2commercial units and one church located in the subdivision. There will be irrigation of500 square feet of lawn and gardens associated with each unit, for a total of 62,000square feet. Adjacent properties assume one single family residence with accessorydwelling unit and 500 square feet of irrigation for each parcel. All potable, commercialand lawn/garden irrigation water will be supplied by diversions from the Wellsdescribed in the application, which will be connected to a central water supply system.All water rights applied for and involved herein are a part of an integrated watersupply plan. All domestic and commercial wastewater is currently disposed ofthrough individual septic tank and leach fields. In the future, Holland Hills mayconvert to wastewater being collected on-site and transported via central sewer line tothe Basalt Sanitation District for treatment, and discharged to the Roaring Fork River atthe Basalt Sanitation’s outlet works, a point approximately 2 miles downstream fromthe points of diversion for the Wells. This plan provides augmentation for eitherwastewater scenario. Statement of Plan for Augmentation pursuant to C.R.S. §37-92-103(9), 302 and 305: The estimated year round water demand for the residentialdwelling and commercial units and the lawn/garden irrigation, and the associatedconsumptive use is set forth in Table 6 & 6a, attached to the Application. The estimatedwater demand has been converted to Equivalent Residential Units (EQR’s), where anEQR is defined as in-building demand for 3.5 persons using 100 gallons per person perday and 500 square feet of lawn and garden irrigation or equivalent outside use. OneEQR is assumed for each residential unit, 0.8 EQR for each accessory dwelling unit, anda total of four EQR’s for the commercial units, including the church. This results inapproximately 128 EQR’s for full build out of the subdivision together with theadjacent properties. Actual details of the development may vary, including servingadditional properties adjacent to the subdivision, and/or commercial uses so long asthe total EQR water demand covered hereunder is not exceeded. As set forth in theApplication, total water demand will require the diversion of 53.84 acre-feet of waterper year. The associated consumptive use is approximately 10.45 acre-feet of water peryear. The plan accounts for two wastewater and consumptive use scenarios: (1)Individual on-site sewage disposal systems assuming 15% consumption of in-buildingwater demand; and (2) treatment by public sewer assuming 5% consumption of in-building water demand. The water supply for the Holland Hills subdivision will besupplied by the Wells described in the Application. The Wells will operate under theabsolute and conditional priorities described in the First Claim of the Application.Stream depletions identified hereunder take into account delayed pumping effects tothe River. A portion of the uses currently served by the absolute water rights describedin the Application, are entitled to the benefits of the Green Mountain Reservoir


“historic users pool” by virtue of actual domestic and irrigation usage of such waterprior to October 16, 1977, in accordance with the Act of August 9, 1937, 50 Stat. 564.Applicant’s engineer has determined that water demand for 44 EQR’s was in place andin existing use prior to October 16, 1977. Table 6 and Table 7 attached to theApplication identify on a monthly basis the water requirements, associatedconsumptive use and Green Mountain replacement water for these 44 EQR’s.Applicant seeks to confirm the Green Mountain releases as the source of augmentationfor the 44 EQR’s identified hereunder. Table 6a and Table 7a attached to theApplication identify on a monthly basis the water requirements, associatedconsumptive use and replacement water sources for the additional 84 EQR’s associatedwith the development. For these 84 EQR’s, during the irrigation season, when there isa valid call being administered that requires replacement of out of priority depletionscaused by the pumping from the Wells described in the Application, consumptive usecredits associated with dry-up of land historically irrigated under the Etienne ArbaneyDitch water right, as described in the Second Claim, will be bypassed at the EtienneArbaney Ditch headgate in the monthly amounts depicted in Column 7 of Table 7a ( )for the months May through October. These consumptive use credits will be madeavailable to other water users through by-passing approximately 0.19 c.f.s. at theEtienne Arbaney Ditch headgate. This is the flow rate associated with 2.9 acres of dry-up, yielding 5.6 acre feet of consumptive use, dedicated to this plan. To the extent thisdry-up credit is insufficient in any given month to replace out of priority depletions,Applicant will supplement with augmentation water releases from Reudi Reservoirpursuant to a Water Allotment Contract which Applicant will obtain from Basalt WaterConservancy District. For the 84 EQR’s, during the non-irrigation season, when there isa valid call being administered that requires replacement of out of priority depletionscaused by the pumping from the Wells described in the Application, augmentationwater will be released pursuant to the Water Allotment Contract described. Releaseswill be made in the monthly amounts as depicted in Column 8, Table 7a attached to theApplication for the months November through April. Operation of this plan toaugment all out-of-priority depletions associated with potable use and irrigation issummarized in Tables 7 & 7a attached to the Application. Tables 7 & 7a assume themore conservative 15% wastewater scenario associated with on-site wastewatertreatment. To the extent public sewer is utilized, replacement requirements will beadjusted accordingly to account for the reduced consumptive use. Request for approvalof appropriative exchange: Applicant requests approval of an appropriative exchangewith an appropriation date of May 18, 1999. A segment of the Roaring Fork River willpotentially be impacted by this exchange, from the point of impact of the structuresdescribed in the Application, to the confluence of the Frying Pan River with theRoaring Fork River. The amount of the exchange is a maximum of 0.39 cfs. (29 pages)


45. 99CW320 Garfield, Mesa, and Pitkin Counties. West Divide WaterConservancy District, c/o Russell George, Melody D. Massih, Stuver & George, P.C.,P.O. Box 907, Rifle, CO 81650, (970) 625-1887 APPLICATION FOR APPROVAL OFPLAN FOR AUGMENTATION Names of structures to be augmented: Group AStructures: Single family dwelling units whose uses conform to the standard definedbelow in paragraph 4A., water requirements. Group B Structures: Those used forvarious combined purposes as specified in their contracts with the West Divide WaterConservancy District. Group C Structures: Those for which the owner has been grantedan individual Plan of Augmentation, but which include a contract with the West DivideWater Conservancy District as a part of that plan. The actual number of structures to beaugmented varies from year to year. The annual report to the State Engineer willidentify the contracts in force as of April 15 of each year. Group A Structures: Uses arefor ordinary household purpose inside one single family dwelling, the watering ofdomestic livestock, fire protection, and the irrigation of up to 6000 square feet of lawnand garden. Amount claimed: 0.033 cfs (15 gpm). Group A Structures are as follows:Water District 38 Caldwell Well No. 1 Located in the NW1/4 of the NE1/4 of S28, T6S.,R89W of the 6th P.M. at a point 4350 feet from the south section line and 1450 feet fromthe east section line. Well Permit No. 44038-F. Number of units served: 1. Colohan WellLocated in the NE1/4 of the SW1/4 of S12, T7S, R89 W of the 6th P.M. at a point 3400feet from the north section line and 2750 feet from the east section line. Well Permit No.210775. Number of units served: 1. Jarrett Well Located in the NE1/4 of the SE1/4 ofS29, T9S, R88W of the 6th P.M. at a point 2510 feet from the south section line and 1222feet from the east section line. Well Permit No.: 043952-F. Number of units served: 1.Knaak Well Located in the SE1/4 of the NE1/4 of S29, T9S, R88W of the 6th P.M. at apoint 3455 feet from the north section line and 1300 feet from the east section line. WellPermit No.: 044112-F. Number of units served: 1. Somers Cluster Spring No. 5 Locatedin the SE1/4 of the NW1/4 of Section 7, T11S, R88W of the 6th P.M. Well permit No.:n/a. Number of units served: 1 Stratton Well Located in the SE1/4 of the NE1/4 of S29,T9S, R88W of the 6th P.M. at a point 2582 feet from the north section line and 765 feetfrom the east section line. Well Permit No. 157949. Number of units served: 1. WaterDistrict 39 Aaberg Well Located in the SE1/4 of the NW1/4 of S6, T6S, R92W of the 6th

P.M. at a point 3760 feet from the south section line and 3200 feet from the east sectionline. Well Permit No.: 201118-F. Number of units served: 2. ADD Well No. 3 Located inthe SE1/4 of the NW1/4 S5, T6S, R91W of the 6th P.M. at a point 2220 feet from thenorth section line and 1500 feet from the west section line. Well Permit No.: 195920.Number of units served: 1 ADD Well No. 4 Located in the SE1/4 of the NW1/4 of S5,T6S, R91W of the 6th P.M. at a point 2630 feet from the north section line and 2750 feetfrom the east section line. Well permit No.: 46674-F. Number of units served: 2. ADDWell No. 5 Located in the SE1/4 of the NW1/4 of S5, T6S, R91W of the 6th P.M. 2635feet from the north section line and 2650 feet from the east section line. Well PermitNo.: 046675-F. Number of units served: 1. Antonelli Well No. 1 Located in the SW1/4 ofthe NW1/4 of S4, T6S, R92W of the 6th P.M. at a point 3563 feet from the south sectionline and 4840 feet from the east section line. Well Permit No.: 046803-F. Number ofunits served: 1. Armijo Well Located in the SE1/4 of the NW1/4 of S1, T6S, R92 W of


the 6th P.M. Well Permit No.: Pending. Number of units served: 1. Bates Well No. 1Located in the NE1/4 of the SE1/4 of S36, T5S, R 92W of the 6th P.M. at a point 1490 feetfrom the south section line and 480 feet from the east section line. Well Permit No.:45723-F. Number of units served 1. Bates Well No. 2 Located in the NE1/4 of the SE1/4of S36, T5S, R92W of the 6th P.M. at a point 1480 feet from the south section line and 170feet from the east section line. Well Permit No.: 045724-F. Number of units served: 1Bell Well No. 1 Located in the SW1/4 of the NE1/4 of S27, T7S, R96W of the 6th P.M. ata point 1500 feet from the north section line and 1500 feet from the east section line.Well Permit No.: 046022-F. Number of units served: 1. Bertolini Well No. 1 Located inthe NW1/4 of the SE1/4 of S35, T5S, R92W of the 6th P.M. at a point 2300 feet from thesouth section line and 2100 feet from the east section line. Well Permit No.: 044060-F.Number of units served: 1. Clark Well Located in the SW1/4 of the SW1/4 of S5, T6S,R92W of the 6th P.M. at a point 140 feet from the south section line and 500 feet from theeast section line. Well Permit No.: 046567-F. Number of units served: 1. Colonna WellLocated in the NW1/4 of the SW1/4 of S4, T6S, R92W of the 6th P.M. at a point 2570 feetfrom the south section line and 570 feet from the west section line. Well Permit No.:201144. Number of units served: 2. Davis No. 1 Well Located in the SW1/4 of theNE1/4 of S5, T6S, R92W of the 6th P.M. at a point 1900 feet from the north section lineand 2400 feet from the east section line. Well permit No. : 042711-F. Number of unitsserved: 1 Dauenhauer Well Located in the NW1/4 of the SW1/4 of S4, T6S, R92W ofthe 6th P.M. at a point 2190 feet from the south section line and 340 feet from the westsection line. Well Permit No.: 201145. Number of units served: 1. Dick Well Located inthe SE1/4 of the SE1/4 of S23, T6S, R94W of the 6th P.M. at a point 1125 feet from thesouth section line and 850 feet from the east section line. Well Permit No.: 047472-F.Number of units served: 1. Eichler Well Located in the NW1/4 of the SW1/4 of S34,T5S, R92W of the 6th P.M. at a point 1700 feet from the south section line and 600 feetfrom the west section line. Well Permit No.: 047525-F. Number of units served: 1.Erickson Well Located in the SW1/4 of the NW1/4 of S34, T5S, R92W of the 6th P.M. ata point 2130 feet from the north section line and 1130 feet from the west section line.Well Permit No.: 039336-F. Number of units served: 1. Field Well Located in theNW1/4 of the NW1/4 of S34, T5S, R92W of the 6th P.M. at a point 4450 feet from thesouth section line and 4850 feet from the east section line. Well Permit No.: 040173-F.Number of units served: 1. Germono Well Located in the SW1/4 of the NW1/4 of S26,T6S, R94W of the 6th P.M. Well Permit No.: 049891-F. Number of units served: 1. GilbertWell Located in the SE1/4 of the SE1/4 of S5, T6S, R92W of the 6th P.M. Well PermitNo.: 047545-F. Number of units served: 1. Glas Well Located in the SE1/4 of theNW1/4 of S24, T5S, R90W of the 6th P.M. at a point 2300 feet from the north section lineand 1700 feet from the west section line. Well Permit No. 046117-F. Number of unitsserved: 1. Goss Well Located in the NW1/4 of the NW1/4 of S34, T5S, R92W of the 6th

P.M. at a point 1221 feet from the north section line and 200 feet from the west sectionline. Well Permit No.: 037810-F. Number of units served: 1. Grove Well Located in theSE1/4 of the NW1/4 of S5, T6S, R91W of the 6th P.M. Well Permit No.: 046673-F.Number of units served: 2. Hablutzel Well Located in the NW1/4 of the NE1/4 of S9,T6S, R93W of the 6th P.M. at a point 820 feet from the north section line and 2520 feet


from the east section line. Well Permit No.: 043593-F. Number of units served: 1. HenryWell Located in the NE1/4 of the NW1/4 of S3, T6S, R93W of the 6th P.M. at a point3975 feet from the south section line and 3500 feet from the east section line. WellPermit No.: 037322-F. Number of units served: 1. Hunt Well No. 1 Located in theNW1/4 of the SW1/4 of S34, T5S, R92W of the 6th P.M. at a point 2630 feet from thesouth section line and 660 feet from the west section line. Well Permit No.: 049659-F.Number of units served: 1. Hunt Well No. 2 Located in the NW1/4 of the SW1/4 ofS34, T5S, R92W of the 6th P.M. at a point 2200 feet from the south section line and 660feet from the west section line. Well Permit No.: 051070-F. Number of units served: 1.Harms Well Located in the NE1/4 of the SE1/4 of S32, T5S, R92W of the 6th P.M. at apoint 1370 feet from the south section line and 350 feet from the east section line. WellPermit No.: 047904-F. Number of units served: 1. Harper Well B Located in the NE1/4of the NE1/4 of S31, T5S, R91W of the 6th P.M. at a point 582 feet from the north sectionline and 500 feet from the east section line. Well Permit No.: 043642-F. Number of unitsserved: 1. Harper Well C Located in the NE1/4 of the NE1/4 of S31, T5S, R91W of the6th P.M. at a point 1072 from the north section line and 150 feet from the east sectionline. Well Permit No. 047094-F. Number of units served: 1. Hayes Well Located in theSW1/4 of the NW1/4 of S33, T5S, R92W of the 6th P.M. at a point 550 feet from thenorth section line and 450 feet from the east section line. Well Permit No.: Pending.Number of units served: 1. Helgeland Well No. 2 Located in the SW1/4 of the NW1/4of S34, T5S, R92W of the 6th P.M. at a point 3685 feet from the south section line and 805feet from the west section line. Tract E Rolling Meadows Estates. Well Permit No.:038481-F. Number of units served: 1. Helgeland Well No. 1 Located in the SW1/4 ofthe NW1/4 of S34, T5S, R92W of the 6th P.M. at a point 594 feet from the north sectionline and 1125 feet from the west section line. Tract C Rolling Meadows. Well PermitNo.: 035901-F. Number of units served: 1. Hillside Center Well Located in the SE1/4 ofthe SW1/4 of S31, T5S, R91W of the 6th P.M. at a point 210 feet from the south sectionline and 1814 feet from the west section line . Well Permit No.: 042723-F. Number ofunits served: 1. Hillside East Well Located in the SE1/4 of the SW1/4 of S31, T5S, R91Wof the 6th P.M. at a point 80 feet from the south section line and 2280 feet from the westsection line. Well Permit No.: 042986-F. Number of units served: 1. Hillside West WellLocated in the SW1/4 of the SW1/4 of S31, T5S, R91W of the 6th P.M. at a point 138 feetfrom the south section line and 1277 feet from the west section line. Well Permit No.:042722-F. Number of units served: 1. Hoffmeister Well Located in the NE1/4 of theNE1/4 of S6, T6S, R92W of the 6th P.M. Well Permit No.: 049861-F. Number of unitsserved: 1. Isham Springs Located in the SE1/4 of the NE1/4 of S9, T6S, R93W of the 6th

P.M. at a point 1650 feet from the north section line and 2200 feet from the east sectionline. Well Permit No.: n/a. Number of units served: 1. Jewell Well Located in theSE1/4 of the NE1/4 of S33, T5S, R92W of the 6th P.M. at a point 3250 feet from the southsection line and 300 feet from the east section line. Well Permit No.: 049512-F. Numberof units served: 1. Kent Jolley Well No. 2A Located in the NW1/4 of the SW1/4 of S1,T6S, R93W of the 6th P.M. at a point 2545 feet from the south section line and 750 feetfrom the West Section line. Well Permit No. 044969-F. Number of units served: 1. KentJolley Well No. 1 Located in the NW1/4 of the SW1/4 of S1, T6S, R93W of the 6th P.M.


1408 feet from the south section line, and 1146 from the west section line. Well PermitNo.: 046042-F. Number of units served: 1. Kent Jolley Well No. 2B Located in theNW1/4 of the SW1/4 of S1, T6S, R93W of the 6th P.M. at a point 2450 feet from thesouth section line and 400 feet from the west section line. Well Permit No.: 047095-F.Number of units served: 1. Kent Jolley Well No. 3A Located in the NW1/4 of theSW/14 of S1, T6S, R93W of the 6th P.M. Lot 4 of the Alexandra’s Estates. Well PermitNo.: 43499-F. Number of units served: 1. Kent Jolley Well No. 3B Located in the NW1/4of the SW1/4 of S1, T6S, R93W of the 6th P.M. 1595 feet from the south section line and500 feet from the west section line. Lot 5 Alexandra’s Estates. Well Permit No.: 044967-F. Number of units served: 1. Kozera Well Located in the SW1/4 of the NW1/4 of S6,T6S, R92W of the 6th P.M. at a point 2400 feet from the north section line and 300 feetfrom the west section line. Well permit No.: 047797-F. Number of units served: 1.Lampiris Well No. 2 Located in the SW1/4 of the SW1/4 of S30, T5S, R91W of the 6th

P.M. 1000 feet from the south section line and 530 feet from the west section line. WellPermit No.: 043451-F. Number of units served: 1. Lampiris Well No. 3 Located in theSW1/4 of the SW1/4 of S30, T5S, R91W of the 6th P.M. At a point 200 feet from thesouth section line and 560 feet from the west section line. Well Permit No.: 043452-F.Number of units served: 1 Mazuchi Well Located in the NW1/4 of the NE1/4 of S11,T6S, R92W of the 6th P.M. 260 feet f rom the north section line and 1525 feet from theeast section line. Well Permit No.: 04989-F. Number of units served: 1. Judy A.Mazuchi Well Located in the NE1/4 of the NE1/4 of S11, T6S, R92W of the 6th P.M. 800feet from the north section line and 825 feet from the east section line. Well Permit No.:045542-F. Number of units served: 1. McCune Well Located in the SE1/4 of the SE1/4of S4, T6S, R92W of the 6th P.M. at a point 850 feet from the south section line and 150feet from the east section line. Well Permit No.: 191946-F. Number of units served: 1.McElroy Well Located in the NE1/4 of the SW1/4 of S35, T5S, R92W of the 6th P.M. at apoint 2400 feet from the south section line and 2900 feet from the east section line. WellPermit No.: 043986-F. Number of units served: 1. Monteleone Well Located in theNE1/4 of the SE1/4 of S32, T5S, R92W of the 6th P.M. at a point 2592 feet from the southsection line and 50 feet from the east section line. Well Permit No.: 045748-F. Number ofunits served: 1. Nesbit Well Located in the SW1/4 of the SW1/4 of S5, T6S, R92W ofthe 6th P.M. at a point 900 feet from the south section line and 4100 feet from the eastsection line. Well Permit No., 41511-F. Number of units served: 1. O’Brien Well Locatedin the SE1/4 of the NE1/4 of S26, T5S, R92W of the 6th P.M. at a point 2680 feet from thesouth section line and 560 feet from the east section line. Well Permit No.: 42758-F.Number of units served: 1. Parcel No. 2 Well Located in the SW1/4 of the NW1/4 ofS4, T6S, R93W of the 6th P.M. at a point 3613 feet from the south section line and 5000feet from the east section line. Well Permit No.: 046804-F. Number of units served: 1.Pretti Well Located in the SW1/4 of the SW1/4 of S31, T5S, R91W of the 6th P.M. at apoint 250 feet from the south section line and 700 feet from the west section line. WellPermit No.: 034870-F. Number of units served: 1. Reynolds Well Located in the NW1/4of the SW1/4 of S33, T5S, R92W of the 6th P.M. at a point 2208 feet from the southsection line and 159 feet from the west section line. Well Permit No.: 047544-F. Numberof units served: 1. Richards Well Located in the SE1/4 of the NW1/4 of S4, T6S, R91W


of the 6th P.M. at a point 3200 feet from the south section line and 2800 feet from the eastsection line. Well Permit No.: Pending. Number of units served: 1. Rose Well Located inthe SW1/4 of the SW1/4 of S5, T5S, R93W of the 6th P.M. at a point 1320 feet from thesouth section line and 794 feet from the west section line. Well Permit No.: 46729-F.Number of units served: 1. Sahula Well Located in the NE1/4 of the SE1/4 of S30, T6S,R94W of the 6th P.M. Well Permit No.: Pending. Number of units served: 1. Sander WellLocated in the SW1/4 of the NE1/4 of S35, T5S, R90W, of the 6th P.M. at a point 1500feet from the north section line and 1370 feet from the east section line. Well PermitNo.: 167567. Number of units served: 4. Schopp Well No. 1 Located in the NW1/4 ofthe SW1/4 of S4, T6S, R92W of the 6th P.M. at a point 1365 feet from the south sectionline and 1100 feet from the west section line. Well Permit No. 045538-F. Number ofunits served: 1. Stallings Well Located in the NW1/4 of the SE1/4 of S26, T5S, R92W ofthe 6th P.M. at a point 1800 feet from the south section line and 1450 feet from the eastsection line. Well Permit No.: 036287-F. Number of units served: 1. Simmons Well No.1 Located in the NW1/4 of the SW1/4 of S24, T5S, R90W of the 6th P.M. 2580 feet fromthe south section line and 4120 feet from the east section line. Well Permit No.: 047613-F. Number of units served: 1. Simmons Well No. 2 Located in the NE1/4 of the SW1/4of S24, T5S, R90W of the 6th P.M. 2180 feet from the south section line and 3240 feetfrom the east section line. Well Permit No. 047614-F. Number of units served: 1. SmithWell Located in the SW1/4 of the SW1/4 of S4, T6S, R92W of the 6th P.M. 165 feet fromthe south section line and 5032 feet from the east section line. Well Permit No.: 046427-F. Number of units served: 2. Spychala Well Located in the NE1/4 of the NE1/4 of S7,T6S, R92W of the 6th P.M. at a point 60 feet from the north section line and 2600 feetfrom the east section line. Well Permit No. 038417-F. Number of units served: 1. TolerWell Located in the SW1/4 of the NW1/4 of S4, T6S, R91W of the 6th P.M. 3960 feetfrom the south section line and 3360 feet from the east section line. Well Permit No.:045586-F. Number of units served: 1. Trueblood Well Located in the SW1/4 of theNE1/4 of S18, T5S, R89W of the 6th P.M. at a point 1600 feet from the north section lineand 2580 feet from the east section line. Well Permit No.: 050291-F. Number of unitsserved: 1. Verkerk Well Located in the SW1/4 of the NE1/4 of S27, T7S, R96W of the 6th

P.M. 3600 feet from the south section line and 1632 feet from the east section line. WellPermit No.: 044152-F. Number of units served: 1. Wills Well No. 2 Located in theSE1/4 of the NE1/4 of S4, T6S, R92W of the 6th P.M. at a point 1600 feet from the northsection line and 1150 feet from the east section line . Well Permit No.: pending.Number of units served: 4. Witte Well Located in the NW1/4 of the SW1/4 of S33, T5S,R92W of the 6th P.M. 1900 feet from the south section line and 50 feet from the westsection line. Well Permit No.: 049658-F. Number of units served: 1. Wittington WellLocated in the NE1/4 of the NW1/4 of S6, T6S, R91W of the 6th P.M. at a point 1308 feetfrom the north section line and 2670 feet from the east section line. Well Permit No.:Pending. Number of units served: 1. Wilson Well Located in the SW1/4 of the NW1/4of S34, T5S, R92W of the 6th P.M. at a point 3300 feet from the south section line and4700 feet from the east section line . Well Permit No.: 036072-F. Number of unitsserved: 1. Water District 45 Allen Well No. 1 Located in the NE1/4 of the SW1/4 ofS19, T6S, R93W of the 6th P.M. at a point 2500 feet from the south section line and 2900


feet from the east section line. Well Permit No.: 045475-F. Number of units served: 1.Allen Well No. 2 Located in the NE1/4 of the SW1/4 of S19, T6S, R93W of the 6th P.M.at a point 1350 feet from the south section line and 1920 feet from the west section line.Well Permit No.: 049477-F. Number of units served: 3. Bernklau Well No. 1 Located inthe SW1/4 of the NW1/4 of S33, T6S, R94W of the 6th P.M. at a point 1700 feet from thenorth section line and 500 feet from the west section line. Well Permit No. 039574-F.Number of units served: 1. Bernklau Well No. 2 Located in the SW1/4 of the NW1/4 ofS33, T6S, R94W of the 6th P.M. at a point 1900 feet from the north section line and 900feet from the west section line. Well Permit No. 036169-F. Number of units served: 1.Paul Bernklau Well Located in the NW1/4 of the NE1/4 of S4, T7S, R94W of the 6th

P.M. at a point 1290 feet from the north section line and 2330 feet from the east sectionline. Well Permit No.: 049368-F. Number of units served: 1. Binger Well No. 1 Locatedin the NW1/4 of the SE1/4 of S34, T6S, R94W of the 6th P.M. 2220 feet from the southsection line and 2310 feet from the east section line. Well Permit No.: 043920-F.Number of units served: 1. Binczik Well Located in the SW1/4 of the SW1/4 of Section2, T7S, R95W of the 6th P.M. at a point 1050 feet from the south section line and 400 feetfrom the west section line. Well Permit No.: 043919-F. Number of units served: 1.Burris Well No. 4 Located in the NE1/4 of the NW1/4 of S17, T6S, R92W of the 6th P.M.at a point 1200 feet from the north section line and 2150 feet from the west section line.Well Permit No.: 046976-F. Number of units served: 1. Burris Well No. 3 Located in theNE1/4 of the NW1/4 of S17, T6S, R92W of the 6th P.M. at a point 1200 feet from thenorth section line and 1700 feet from the west section line. Well Permit No.: 046975-F.Number of units served: 1. Burris Well No. 2 Located in the NE1/4 of the NW1/4 ofS17, T6S, R92W of the 6th P.M. at a point 1200 feet from the north section line and 1475feet from the west section line. Well Permit No.: 046977-F. Number of units served: 1.Cray Well Located in the SW1/4 of the NW1/4 of S4, T7S, R95W of the 6th P.M. WellPermit No.: 187226-F. Number of units served: 1. Dillon Spring Located in the NE1/4of the SW1/4 of S33, T6S, R94 W of the 6th P.M. Well Permit No.: n/a. Number of unitsserved: 1. Goad Well No. 1 Located in the NE1/4 of the SW1/4 of S34, T6S, R94W of the6th P.M. Well Permit No.: 049367-F. Number of units served: 1. Janssen Well Locatedin the SE1/4 of the NE1/4 of S31, T6S, R94W of the 6th P.M. Well Permit No.: Pending.Number of units served: 1. Louthan Well No. 1. Located in the SW1/4 of the NE1/4 ofS34, T6S, R94W of the 6th P.M. at a point 3051 feet from the south section line and 2434feet from the east section line. Well Permit No.: 45799-F. Number of units served: 1.Martin Well Located in the SE1/4 of the NW1/4 of S31, T6S, R94W of the 6th P.M. at apoint 1500 feet from the north section line and 2050 feet from the west section line.Well Permit No.: 049657-F. Number of units served: 2. Pearson Well Located in theSW1/4 of the NW1/4 of S2, T6S, R94W of the 6th P.M. Well Permit No.: 128722-F.Number of units served: 1. Redmond Well Located in the NE1/4 of the SE1/4 of S36,T6S, R95W of the 6th P.M. at a point 1800 feet from the south section line and 750 feetfrom the east section line. Well Permit No.: 044482-F. Number of units served: 1. RinnaWell Located in the SW1/4 of the NW1/4 of S12, T6S, R92W of the 6th P.M. at a point2600 feet from the north section line and 1300 feet from the west section line. WellPermit No.; 105074-F. Number of units served: 1. Rothergy’s Well A Located in the


SE1/4 of the SE1/4 of S3, T7S, R95W of the 6th P.M. Well Permit No.: Pending. Numberof units served: 1. Rothergy’s Well B Located in the SE1/4 of the SE1/4 of Section 3,T7S, R95W of the 6th P.M. Well Permit No.: Pending. Number of units served: 1.Rothgery’s Well C Located in the SE1/4 of the SE1/4 of S3, T7S, R95W of the 6th P.M.Well Permit No.: Pending. Number of units served: 1. Sabel Well Located in the SE1/4of the SE1/4 of S10, T6S, R92W of the 6th P.M. at a point 1000 feet from the south sectionline and 800 feet from the east section line. Well Permit No.: 162419. Number of unitsserved: 1. Savage Well No. 1 Located in the SE1/4 of the NE1/4 of S34, T6S, R94W ofthe 6th P.M. at a point 1980 feet from the north section line and 660 feet from the eastsection line. Well Permit No. 044489-F. Number of units served: 4. Savage Well No. 2Located in the NE1/4 of the SW1/4 of S34, T6S, R94W of the 6th P.M. at a point 2640feet from the south section line and 2180 feet from the west section line. Well PermitNo.: 046513-F. Number of units served: 3. Savage Well No. 3 Located in the SW1/4 ofthe NE1/4 of S34, T6S, R94 W of the 6th P.M. at a point 3226 feet from the south sectionline and 1541 feet from the east section line. Well Permit No.: 049595-F. Number ofunits served: 2. Spinden Well Located in the SE1/4 of the NW1/4 of S3, T7S, R92W ofthe 6th P.M. at a point 100 feet from the north section line and 1800 feet from the westsection line. Well Permit No.: 36004-F. Number of units served: 1. Stoneking WellLocated in the NW1/4 of the NE1/4 of S33, T6S, R92W of the 6th P.M. Well Permit No.:Pending. Number of units served: 2. Swallow Well Located in the NE1/4 of the SW1/4of S20, T6S, R93W of the 6th P.M. at a point 2561 feet from the south section line and1596 feet from the west section line. Well Permit No.: 45735-F-R. Number of unitsserved: 2. Talbott Well Located in the NW1/4 of the SW1/4 of S30, T6S, R94W of the 6th

P.M. at a point 2200 feet from the south section line and 900 feet from the west sectionline. Well Permit No.: 047186-F. Number of units served: 1. Van Every Well Located inthe NE1/4 of the SE1/4 of S24, T6S, R92W of the 6th P.M. at a point 2400 feet from thesouth section line and 800 feet from the east section line. Well Permit No.; 29674-F.Number of units served: 1. Wells Well Located in the NW1/4 of the SW1/4 of S32, T6S,R94W of the 6th P.M. at a point 2300 feet from the south section line and 600 feet fromthe west section line. Well Permit No. : 040559-F. Number of units served: 1. YaterWell. Located in the NW1/4 of the SW1/4 of S17, T7S, R95W of the 6th P.M. at a point1540 feet from the south section line and 500 feet from the west section line. WellPermit No.; 206247. Number of units served: 2. Youland Well Located in the SE1/4 ofthe NE1/4 of S31, T6S, R94W of the 6th P.M. at a point 3050 feet from the south sectionline and 1200 feet from the east section line. Well Permit No.: 049257-F. Number ofunits served: 1. Group B Structures: The diversion amounts claimed for the Group BStructures are identified individually for each structure, and the uses are identified inTable 3. Group B Structures are as follows: Water District 38 Aspen Glen Water andSanitation District Wells Aspen Glen Well No. 1: Located in the SE1/4 of the SW1/4 ofS20, T7S, R88W, of the 6th P.M. at a point whence the SE corner of Section 20 bears south78 degrees 15' east 3830 feet. Aspen Glen Well No. 2: Located in the NW1/4 of theNE1/4 of S29, T7S, R88W of the 6th P.M. at a point whence the NE corner of Section 29bears north 70 degrees 45' east 2330 feet. Aspen Glen Well No. 3: Located in theNW1/4 of the NE1/4 of S29, T7S, R88W of the 6th P.M. at a point whence the NE corner


of Section 29 bears north 74 degrees 07' east 1855 feet. Aspen Glen Well No. 4: Locatedin the NW1/4 of the NE1/4 of S29, T7S, R88W of the 6th P.M. at a point whence the NEcorner of Section 29 bears north 72 degrees 15' east 2585 feet. Aspen Glen Well No. 5:Located in the NW1/4 of the NE1/4 of S29, T7S, R88 W of the 6th P.M. at a pointwhence the NE corner of Section 29 bears north 72 degrees 45' east 2150 feet. AspenGlen Well No. 6: Located in the NW1/4 of the NE1/4 of S29, T7S, R88 W of the 6th P.M.at a point whence the NE corner of Section 29 bears north 82 degrees 00' east 2300 feet.Aspen Glen Well No. 7: Located in the NE1/4 of the NW1/4 of S29, T7S, R88W of the6th P.M. at a point whence the NE corner of Section 29 bears north 82 degrees 25' east2730 feet. Diversion amount claimed: 0.23cfs (.033cfs for each of 7 wells). DormanWater Rights Dorman Ditch: The headgate for the Dorman Ditch is located in theNW1/4 of the NE1/4 of S22, T8S, R88 W of the 6th P.M. at a point 3800 feet from thewest section line and 180 feet from the north section line . Diversion amount claimed:0.30 cfs. Dorman Pump and Pipeline: The headgate for the Dorman Pump and Pipelineis located in the SW1/4 of the SE1/4 of S15, T8S, R88W of the 6th P.M. at a point 3500feet from the west section line and 170 feet from the south section line. Diversionamount claimed: 0.20cfs. Dorman Pond: The Dorman pond is located in the SW1/4 ofthe SE1/4 of S15, T8S, R88W of the 6th P.M. The center point of the axis of the dam is3585 feet from the west section line and 140 feet from the south section line. Storageamount claimed: 0.86 acre feet. Four Mile Ranch Development Company Wells FourMile Ranch Well No. 1: Located in the NE1/4 of the NW1/4 of S34, T6S, R89 W of the6th P.M. at a point 433 feet from the north section line and 2029 feet from the westsection line. Well Permit No.: Pending. Diversion amount claimed: 0.167cfs. Four MileRanch Well No. 2: Located in the NE1/4 of the NW1/4 of S34, T6S, R89 W of the 6th

P.M. at a point 380 feet from the north section line and 2100 feet from the west sectionline. Well Permit No.: Pending. Diversion amount claimed: 0.167cfs. Kaiser and SieversDitch: The headgate for the Kaiser and Sievers Ditch is located in the SE1/4 of theNE1/4 of the SW1/4 of S33, T7S, R88W of the 6th P.M. Diversion amount claimed:0.07cfs. Kennedy Well Located in the SW1/4 of the NW1/4 of S28, T7S, R88W of the 6th

P.M. at a point 2440 feet from the north section line and 100 feet from the west sectionline. Well Permit No.: 44351-F. Diversion amount claimed: 0.033cfs. Office/Shop WellLocated in the NE1/4 of the NE1/4 of S13, T7S, R89W of the 6th P.M. at a point 1100 feetfrom the north section line and 700 feet from the east section line. Well Permit No.:043047-F. Diversion amount claimed: 0.144cfs. Owens Domestic Well No. 1 Located inthe NW1/4 of the NW1/4 of S1, T7S, R89W of the 6th P.M. at a point 260 feet from thenorth section line and 247 feet from the west section line. Well Permit No.: 34292.Diversion amount claimed: 0.022cfs. Simmons Well Located in the NW1/4 of theNE1/4 of S10, T8S, R88W of the 6th P.M. at a point 850 feet from the north section lineand 1900 feet from the east section line. Well Permit No.: 037094-F. Diversion amountclaimed: 0.088cfs. Town of Carbondale Multiple Water Rights Located as described inWater Court Case No. 88CW421. Diversion amount claimed: 0.067cfs (winter diversionsonly) Water District 39 Antonelli Well Located in the SW1/4 of the NW1/4 of S4, T6S,R92W of the 6th P.M. at a point 1420 feet from the north section line and 100 feet fromthe west section line. Well Permit No.: 041789-F. Diversion amount claimed: 0.033cfs.


Boland Ranch Water Rights Mings, Chenoweth and Wolverton Ditch: Located on thewest bank of Canyon Creek at a point in the SW1/4 of the NW1/4 of S25, T5S, R90W ofthe 6th P.M. Boland Ranch Well No. 2: Located in the SW1/4 of the SW1/4 of S25, T5S,R90 W of the 6th P.M. at a point 246 feet from the south section line and 900 feet fromthe west section line. Well Permit No.: 045455-F. Boland Ranch Well No. 3: Located inthe NW1/4 of the NW1/4 of S36, T5S, R90W of the 6th P.M. at a point 3950 feet from thesouth section line and 4800 feet from the east section line. Well Permit No.: 041103-F.Boland Ranch Well No. 4: Located in the NW1/4 of the NW1/4 of S36, T5S, R90W ofthe 6th P.M. at a point 4100 feet from the south section line and 5200 feet from the eastsection line. Well Permit No.: 040283-F. Diversion amount claimed: 0.20cfs. BrynildsonWell Located in the NW1/4 of the SE1/4 of S11, T6S, R93W of the 6th P.M. at a point2500 feet from the south section line and 2250 feet from the east section line. WellPermit No.: 039168-F. Diversion amount claimed: 0.033cfs. Burning Mountain WellsWell A: Located in the NW1/4 of the SE1/4 of S32, T5S, R90W of the 6th P.M. at a point1380 feet from the south section line and 2075 feet from the east section line. WellPermit No.: 042065-F. Well B: Located in the NW1/4 of the SW1/4 of S32, T5S, R90W ofthe 6th P.M. at a point 1910 feet from the south section line and 1270 feet from the westsection line. Well Permit No.: 042064-F. Well C-1: Located in the SE1/4 of the SW1/4 ofS32, T5S, R90W of the 6th P.M. at a point 1033 feet from the south section line and 2053feet from the west section line. Well Permit No.: 044623-F. Well C-2: Located in theNE1/4 of the SW1/4 of S32, T5S, R90W of the 6th P.M. at a point 1320 feet from thesouth section line and 1500 feet from the west section line. Well Permit No.: 044622-F.Well C-3: Located in the NE1/4 of the SW1/4 of S32, T5S, R90W of the 6th P.M. at apoint 1880 feet from the south section line and 440 feet from the west section line. WellPermit No.: 042061-F. Diversion amount claimed: 0.5cfs. Burning Mountain Well No. DLocated in the SW1/4 of the SE1/4 of S32, T5S, R90W of the 6th P.M. at a point 855 feetfrom the south section line and 2585 feet from the east section line. Well Permit No.:37091-F. Diversion amount claimed: 0.033cfs. Busha River Diversions Water trucks willload from the Colorado River at various locations. Specific locations will be reported tothe Division Engineer. Diversion amount claimed: 025cfs. Cedar Hills Ranch WellsCedar Hills Ranch Well No. 1: Located in the SE1/4 of the NE1/4 of S1, T6S, R92W ofthe 6th P.M. at a point 2310 feet from the north section line and 1264 feet from the eastsection line. Well Permit No. 046653-F. Cedar Hills Ranch Well No. 2: Located in theSE1/4 of the NE1/4 of S1, T6S, R92W of the 6th P.M. at a point 2161 feet from the northsection line and 363 feet from the east section line. Well Permit No.: 046654-F. CedarHills Ranch Well No. 3: Located in the SE1/4 of the NE1/4 of S1, T6S, R92W of the 6th

P.M. at a point 2283 feet from the north section line and 951 feet from the east sectionline. Well Permit No.: 046656-F. Cedar Hills Ranch Backup Well: Located in the SE1/4of the NE1/4 of S1, T6S, R92W of the 6th P.M. at a point 2381 feet from the north sectionline and 942 feet from the east section line. Well Permit No.: 046656-F. Diversionamount claimed: 0.133cfs. Central Aggregates Pond Located in the NW1/4 of the SE1/4of S17, T6S, R93W of the 6th P.M. at a point 1790 feet from the south section line and2440 feet from the east section line. Diversion amount claimed: 0.05cfs. Clasen WellLocated in the NE 1/4 of the NE 1/4 of S1, T6S., R.92W. of the 6th P.M. at a point 400


feet from the North section line and 1145 feet from the East section line. Well PermitNo: Pending. Diversion amount claimed: 0.033cfs. Cromwell Well Located in the NE1/4 of the NE 1/4 of S10, T6S., R.92W. of the 6th P.M. at a point 945 feet from the Northsection line and 960 feet from the East section line: Well Permit No: 049301-F. Diversionamount claimed: 0.033cfs. Duplice Well A Located in the NW 1/4 of the NW 1/4 ofSection 12, T6S., R.92W. of the 6th P.M. at a point 650 feet from the North section lineand 600 feet from the West section line. Well permit No: 046710- F. Diversion amountclaimed: 0.033cfs. Edward Walters Well Located in the NE 1/4 of the SW 1/4 ofSection 32, T5S., R.90W. of the 6th P.M. at a point 1475 feet from the South section lineand 2600 feet from the West section line. Well permit No: 043552- F. Diversion amountclaimed: 0.067cfs. Fraser Well Located in the SE 1/4 of the NW 1/4 of Section 6, T6S.,R.92W. of the 6th P.M. at a point 2700 feet from the South section line and 3150 feetfrom the East section line Well permit No:047976- F. Diversion amount claimed:0.033cfs. Garfield County River Diversions Water trucks will load from the ColoradoRiver at various locations. Specific locations will be reported to the Division Engineer.Diversion amount claimed: 0.1cfs. Graviett Well Located in the NE 1/4 of the NE 1/4of Section 36, T5S., R.92W. of the 6th P.M. at a point 2550 feet from the South sectionline and 280 feet from the East section line. Well permit No:042426- F. Diversionamount claimed: 0.033cfs. Johnson Well Located in the SE 1/4 of the SE 1/4 ofSection 14, T6S., R.94W. of the 6th P.M. at a point 111 feet from the South section lineand 142 feet from the East section line. Well permit No: 050032- F. Diversion amountclaimed: 0.033cfs. Mammoth Hot Spring and Small Yampa Spring Located in the SE1/4 of the NE 1/4 of Section 9, T6S., R.89W of the 6th P.M. Diversion amount claimed:0.01cfs. Macauley Pit Evaporation Located in the SW 1/4 of Section 18 T6S, R93W.Diversion amount claimed: 0.2cfs. Melton Well Located in the SW 1/4 of the NW 1/4of Section 4, T6S., R.91W. of the 6th P.M. at a point 3900 feet from the South section lineand 390 feet from the West section line. Well permit No: 047909- F. Diversion amountclaimed: 0.033cfs. Rippy RV Associates Ltd. Wells Betty Jane Well: Located in the NW1/4 of the NW 1/4 of Section 1, T6S., R.91`W. of the 6th P.M. at a point 100 feet fromthe North section line and 800 feet from the West section line Well permit No: 042144-F-R. Phil Well: Located in the NW 1/4 of the NW 1/4 of Section 1, T6S., R.91W. of the6th P.M. at a point 250 feet from the North section line and 700 feet from the Westsection line. Well permit No: 042146- F. Bill Well: Located in the NW 1/4 of the NW1/4 of Section 1, T6S., R.91W. of the 6th P.M. at a point 250 feet from the North sectionline and 1200 feet from the West section line. Well permit No: 042145-F-R. Diversionamount claimed: 0.10cfs. Rumery Well Located in the NE 1/4 of the NE 1/4 of Section5, T6S., R.91W. of the 6th P.M. at a point 4400 feet from the South Section line and 20feet from the East Section line. Well permit No: 112000-A. Diversion amount claimed:0.033cfs. Schopp Springs 1-13 Located in the SW 1/4 of the SW 1/4 of Section 4, T6S.,R.92W. of the 6th P.M. within an area 665 feet North to 579 feet North of the Southsection line and 997 feet to 408 feet East of the West section line, the location of eachindividual spring being more particularly described in Water Court Case No.91CW097. Diversion amount claimed: 0.033cfs. Smilack Wells Smilack Well No. 1:Located in the SW 1/4 of the NE 1/4 of Section 5, T6S., R.91W. of the 6th P.M. at a point


3420 feet from the South section line and 3280 feet from the West section line. Wellpermit No:045747- F. Smilack Well No. 2: Located in the SW 1/4 of the NE 1/4 ofSection 5, T6S., R.91W. of the 6th P.M. at a point 2150 feet from the North section lineand 1400 feet from the East section line Well permit No:046609- F. Diversion amountclaimed: 0.132cfs. Terrell Well Located in the NW 1/4 of the NE 1/4 of Section 9, T6S.,R.92W. of the 6th P.M. at a point 520 feet from the North section line and 2042 feet fromthe East section line . Well permit No: 133069. Diversion amount claimed: 0.033cfs.Toby's Pumping and Drilling River Diversions After trucks will load from theColorado River at various locations, specific locations will be reported to the DivisionEngineer. Diversion amount claimed: 0.5cfs. Town of New Castle Well Located in theNE 1/4 of the SE 1/4 of Section 31, T5S., R.90W. of the 6th P.M. at a point 1800 feetfrom the South section line and 700 feet from the East section line. Well permit No:141621-F. Diversion amount claimed: 0.033cfs. Water District 45 Bell Well Located inthe NW 1/4 of the SE 1/4 of Section 31, T5S., R.90W. of the 6th P.M. at a point 1830 feetfrom the North section line and 1700 feet from the East section line the South sectionline and 1700 feet from the East section line. Well permit No: 046023-F. Diversionamount claimed: 0 .033cfs Flag Well Located in the NW 1/4 of the SE 1/4 of Section11, T6S, R92W at a point 1680 feet from the South section line and 3020 feet from theWest section line. Well Permit No. 049611-F. Diversion amount claimed: 0.1cfs. I.M.D.Well No. 1 Located in the SE 1/4 of the SE 1/4 of section 4, T5S, R90W at a point 1291feet from the South section line and 312 feet from the West section line. Well PermitNo. 049610-F. Diversion amount claimed: 0.033cfs. Platzer Well Located in the NE 1/4of the SE 1/4 of Section 31, T5S., R.90W. of the 6th P.M. at a point 1500 feet from theSouth section line and 300 feet from the East section line. Well permit No: 41988-F.Diversion amount claimed: 0.033cfs. Riverbend Water and Sewer Company WaterRights: Riverbend Well No.1: Located in the NW 1/4 of the SW 1/4 of Section 35, T5 S.,R.90 W. of the 6th P.M. at a point 2677 feet from the South section line and 195 feet fromthe West section line . Well permit No: 18144-F. Riverbend Well No.2: Located in theNW 1/4 of the SW 1/4 of Section 35, T5 S., R.90 W. of the 6th P.M. at a point 2556 feetfrom the South section line and 548 feet from the West section line. Well permitNo:18145-F. Riverbend Well No.3: Located in the NW 1/4 of the SW 1/4 of Section 35,T5 S., R.90 W. of the 6th P.M. at a point 2482 feet from the South section line and 879feet from the West section line. Well permit No:18146-F. Riverbend Well No. 4:Located in the NW 1/4 of the SW 1/4 of Section 35, T5 S., R.90 W. of the 6th P.M. at apoint 2328 feet from the South section line and 1203 feet from the West section line .Well permit No: 18147-F. Riverbend Well No.5: Located in the NE 1/4 of the SW 1/4 ofSection 35, T5 S., R.90 W. of the 6th P.M. at a point 2205 feet from the South section lineand 1579 feet from the West section line. Well permit No: 18148-F. Diversion amountclaimed: 0.167cfs. Previous Decrees for Water Rights to be used for Augmentation:Ruedi Reservoir: Date Entered: June 20, 1958 Case No.: C.A. 4613 Court: GarfieldCounty District Court. Legal Description of Point(s) of Diversion or Place of Storage:RUEDI Reservoir is located in parts of Sections 7, 8, 9, 11 and 14 through 18, Township8 South, Range 84 West, 6th P.M., in Eagle and Pitkin Counties. The dam thereof islocated in the NW1/4 of Section 18, Township 8 South, Range 84 West, 6th P.M., its


exact location being described as follows: The initial point of survey of said dam is onthe right abutment thereof at a point whence the Southwest corner of Section 7,Township 8 South, Range 84 West, 6th P.M. bears North 68° 58' at a distance of 426 feet.

Source: The Frying Pan River, tributary to the Roaring Fork River, tributary tothe Colorado River. Appropriation Date: July 29, 1957. Amount: 101,369 acre feet. ByWater Service Agreement dated May 12, 1982, between Applicant and the United StatesBureau of Reclamation, Applicant has the right to call for the release of up to 100 acrefeet per year from Ruedi Reservoir for augmentation and other purposes. The term ofthis Water Service Agreement extends until September 30, 2019, and may be extendedat Applicant's option for an additional forty years. Use: Domestic, municipal,irrigation, industrial, generation of electrical energy, stock watering and piscatorialuses. Green Mountain Dam and Reservoir: Date Entered: October 12, 1955 Case No.:(2782, 5016 and 5017) Court: United States District Court for the District of Colorado.Legal Description of Point(s) of Diversion or Place of Storage: Green MountainReservoir on the Blue River, a tributary of the Colorado River is located in all or partsof Sections 11, 12, 13, 14, 15 and 24, Township 2 South, Range 80 West, and Sections 17,18, 19, 20, 21, 28, 29, 33 and 34, Township 2 South, Range 79 West, 6th P.M., SummitCounty. Station 0 + 00 on the dam axis bears South 36°31'45" West a distance of 11,165feet from the SW Corner of Section 1, Township 2 South, Range 80 West, 6th P.M.,thence the axis bears North 21° 00' 00" East. Source: Blue River and all tributaries of theBlue River upstream from the dam and Elliot Creek by means of its diversion canal, allof which are within the Colorado River Basin. Appropriation Date: August 1, 1935.Amount: 154,645 acre feet. By contract dated October 21, 1998, between Applicant andthe United States, Applicant has the right to call for the release of up to 150 acre feet peryear from Green Mountain Reservoir for municipal/domestic uses and 50 acre feet peryear for Category B industrial use. The contract became effective on the date ofexecution and will remain in effect for a period of 25 years thereafter. The contract maybe renewed for an additional term of 25 years upon written request to the ContractingOfficer on or before two years prior to the expiration of this contract. Use: GreenMountain Reservoir provides storage to supply water for use in accordance withparagraph 5(a), (b) and (c) of the section entitled “Manner of Operation of ProjectFacilities and Auxiliary Features” in Senate Document 80. The Reservoir wasauthorized to provide replacement water for senior downstream diversion rights inwestern Colorado when water is diverted to or stored for use in eastern Coloradothrough the Colorado-Big Thompson Project. Additional capacity was provided forhydroelectric power generation and beneficial uses in western Colorado includingirrigation, municipal/domestic, and industrial uses. Avalanche Canal and Siphon: DateEntered: June 20, 1958. Case No.: C.A. 4613 Court: Garfield County District Court.Legal Description of Point(s) of Diversion or Place of Storage: Avalanche Canal andSiphon has two headgates: (1)Headgate No.1, being the initial point of AvalancheCanal and Siphon, is located on the right bank of the Crystal River at a point whencethe witness corner at the Southwest Corner of Section 9, Township 10 South, Range 88West, 6th P.M. bears North 03°09' West 546 feet, said point being at the outlet of theOsgood Reservoir. (2) Headgate #2, being the second point of diversion of said


Avalanche Canal and Siphon, is located on the Right bank of Avalanche Creek at apoint whence the West Quarter Corner of Section 28, Township 9 South, Range 88 West,6th P.M. bears North 67° 15' West, a distance of 4538.1 feet. Source: Crystal River orAvalanche Creek or both sources. Appropriation Date: April 22, 1957. Amount: 830 cfs,conditional. Use: Generation of electric energy, domestic and municipal, industrial,irrigation and stockwatering. Statement of Plan for Augmentation: The waterrequirements for in-house use for single family dwelling units have been derived onthe basis of 3. 5 people per unit utilizing an average of 75 gallons per capita per day in-house, resulting in an average annual diversion demand of 0.2940 acre-feet per unit.An allowance has been made for a higher in-house use during the summer months thanin winter. Outside use is limited to the irrigation of not more than 6000 square feet oflawn and garden, watering of non-commercial livestock, and fire protection. Themaximum water demand per household for lawn and garden was computed by theModified Blaney Criddle Method based on climatological data from the Rifle WeatherStation. The annual consumptive irrigation requirement (total consumptive waterrequirements less effective precipitation) for lawns and gardens was computed to be2.02 acre feet per acre, or 0.278 acre feet for a standard dwelling unit. Irrigationefficiency is estimated to be 80 percent, thus producing a maximum diversionallowance of 0.347 acre feet for irrigation for a standard dwelling unit. An allowance ofwater for a maximum of five head of livestock has been allotted to each single familydwelling in an amount of 0.06 acre feet per year . This allotment may or may not beactually used. Livestock water is considered to be 100 percent consumptive. Totalcombined use for one single family dwelling unit is 0.698 acre feet per year. Atabulation by month of water uses and stream depletions for one standard dwellingunit is set forth in Table 1. Augmentation waters will not be needed in peak runoffmonths or in other months of the year when demands by senior downstream rights aresatisfied by natural streamflows. In general, augmentation may be required in dryyears during the months of April, and July through October, and potentially during thewinter months of November through March. On Table 2, consumptive uses for all 144standard residential units included in Group A as identified in paragraph 2 above, areshown. The diversion and augmentation requirements for each of the structures inGroup B are shown individually on Table 3. The requirements for Group B structuresare based upon the particular requirements of each contractee. The augmentation watercontracted for may or may not represent the total requirements of the development inany given year. The annual report to the State Engineer will identify the projected useas of April 15 of that year. Structures and diversion amounts listed in Table 2 andTable 3 will be utilized as alternate points of diversion for like amounts from theAvalanche Canal and Siphon, at such times as the said water right is legally andphysically available at one of the decreed points of diversion as described in paragraph3 above. When Avalanche Canal and Siphon is not in priority, well depletions must bereplaced by release of Applicant’s water stored in Ruedi Reservoir. The Applicant willsubmit, by April 15 of each year, a report identifying each contractee by name andaddress, quantity of water allocated, the point of diversion, a monthly diversionschedule for the year in rate of flow, and summation of monthly diversion rates for all


contractees. Any restrictions on use by each contractee including irrigated acreagelimitations will also be indicated. Names and addresses of owners of land on whichstructures are located: Contractees of West Divide Water Conservancy District. Sixmaps depicting the locations of all the above-described structures in Groups A, B, andC are on file with the Application. A decree approving the plan for augmentation, willnot result in injury to any vested or decreed conditional water rights. (33 pages)

46. 99CW321 GARFIELD COUNTY-SPRING CREEK, TRIBUTARY TO THECOLORADO RIVER. Ed & Wanda Wissler, c/o Lori Satterfield, Dendy M. Heisel,Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81601, (970) 945-6546.Application For Surface Water Right And Storage Right. Claim for Surface WaterRight. Name of structure: Wissler Pump and Pipeline. Legal description of point ofdiversion: NW1/4 of the SE1/4 of Section 34, T. 7S, R. 96W of the 6th P.M. at a point2,835 feet South of the North Section line and 1,662 feet West of the East Section Line.Date of initiation of appropriation: August 27, 1999. How appropriation was initiated:Field inspection and formation of intent to place water to beneficial use. Amountclaimed: 0.167 c.f.s., conditional. Use or proposed use: Irrigation, piscatorial,recreational, aesthetic, and stock watering. Number of acres proposed to be irrigated:up to 10 acres. Legal description of acreage: NW1/4 of the SE1/4 of Section 34, T. 7S,R. 96W. of the 6th P.M. If non-irrigation, describe purpose fully. Storage,( see claim forstorage rights, below), piscatorial, aesthetic, recreational, and stock watering. Claim forWater Storage Right. Name of Structure: Wissler Pond. Legal Description of point ofdiversion: The point of diversion is located in the NW1/4 of the SE1/4 of Section 34, T.7S, R. 96W., of the 6th P.M. at point 2,805 feet South of the North Section Line and 1,675feet West of the East Section Line. Source: Spring Creek tributary to the ColoradoRiver. Date of initiation of appropriation: August 27, 1999. How appropriation wasinitiated: Field inspection and formation of intent to place water to beneficial use.Amount Claimed: 0.083 AF. Use or proposed use: Irrigation, piscatorial, recreational,aesthetic, and stock watering. Number of acres proposed to be irrigated: up to 10acres. Legal description of acreage: NW1/4 of the SE1/4 of Section 34, T. 7S, R. 96W.of the 6th P.M. If non-irrigation, describe purpose fully. Storage, piscatorial, aesthetic,recreational, and stock watering. Name and address of owner of land on which pointsof diversion and place of use(s) is(are) located: Ed & Wanda Wissler, P.O. Box 42,Parachute, CO 81635. (4 pages)

47. 99CW322 (93CW125) EAGLE COUNTY - SPRING CREEK, EAGLE RIVER.R. G. Jacobs and Eileen Jacobs; 2000 Spring Creek Road; Gypsum, CO 81637 970-524-0275. White Pond - Application for Finding of Reasonable Diligence. Decreed:January 31, 1979, W-3689. Location: 1,750 feet from the south Sec. line and 1,350 feetfrom the west Sec. line of Sec. 15, T. 5 S., R. 85 W., 6th P.M. Appropriation: November28, 1976. Amount: 25.0 AF. Use: irrigation, municipal, domestic, fire protection,livestock water, piscatorial and recreational. The Application includes a detailedoutline of the activity performed during the diligence period. (2 pages)


48. 99CW323 EAGLE COUNTY - GROUND WATER AND SPRINGSTRIBUTARY TO LAKE CREEK; LAKE CREEK, TRIBUTARY OF EAGLE RIVER,TRIBUTARY OF COLORADO RIVER. Calhoun Family Limited, c/o Lori Satterfield,Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602. Applicationfor Surface Water Rights, Ground Water Rights, Storage Water Rights, Change of WaterRights, and Plan for Augmentation. CLAIM FOR SURFACE WATER RIGHTS. BertHyde Ditch Livestock Right. Legal description: the headgate is located on the rightbank of Lake Creek at a point whence the NE corner of Sec. 7, T. 5 S., R. 82 W. of the 6th

P.M., bears N. 76°35' E., 859.39 ft. Date of initiation of appropriation: 6/1/1900. Howappropriation was initiated: by diversion of water and application to beneficial use.Date water applied to beneficial use: 6/1/1900. Amt. claimed: 0.5 cfs, absolute. Use:livestock water. The senior Bert Hyde Ditch was decreed in C.A. 963 on 10/3/36, withan appropriation date of 6/1/1900. The ditch has been used for livestock wateringyear-round since it was constructed. Bert Hyde Ditch Pond Fill Right. Legaldescription: see above. Date of appropriation: 1/1/99. How appropriation wasinitiated: by field investigation and formation of intent to appropriate. Date waterapplied to beneficial use: N/A. Amt. claimed: 0.5 cfs, conditional. Use: to fill andrefill the Calhoun-Buddy’s Pond (see claim below) and the Calhoun B & B Pond (seeclaim below) for all the purposes claimed for those ponds. CLAIM FOR GROUNDWATER RIGHTS. Calhoun Diversion Point First Enlargement. Legal description:located in the NE¼ SE¼, Sec. 6, T. 5 S., R. 82 W. of the 6th P.M. at a point 1,710 ft. fromthe N. line and 660 ft. from the E. line of said Sec. 6. Depth: less than 60 ft. Date ofinitiation of appropriation: 1/27/99. How appropriation was initiated: by fieldinspection and formation of intent to appropriate. Date applied to beneficial use: N/A.Amt. claimed: 0.033 cfs (15 gpm), conditional. Use or proposed use: domestic andcommercial; the right will be used to serve the in-house uses of a large residence, whichmay also be used as a bed and breakfast inn. The residence/bed and breakfast isprojected to have a capacity of eight persons. The same diversion point and structure isused for the Calhoun Diversion Point (as changed herein), and as an alternate point ofthe Bert Hyde Ditch for irrigation (as changed herein). Calhoun Diversion Point FirstEnlargement is located within 100 ft. of Lake Creek. No delayed impacts will resultfrom the diversions, and the right can be administered as a surface right. Calhoun-Gary’s Well. Legal description: located in the NE¼ SE¼, Sec. 6, T. 5 S., R. 82 W. of the6th P.M. at a point 2,150 ft. from the S. line and 500 ft. from the E. line of said Sec. 6.Depth: less than 60 ft. Date of initiation of appropriation: 6/1/89. How appropriationwas initiated: by completion of well and application of water to beneficial use. Datewater applied to beneficial use: 6/1/89. Amt: 0.033 cfs (15 gpm), absolute. Use:domestic in a single-family home. The well is located within 100 ft.of Lake Creek. Nodelayed impacts will result from the diversions, and the right can be administered as asurface right. Calhoun Cabin Well Nos. 1 through 3. Legal descriptions: CalhounCabin Well No. 1: located in the NE¼ SE¼, Sec. 6, T. 5 S., R. 82 W. of the 6th P.M. at apoint 1,820 ft. from the S. line and 850 ft. from the E. line of said Sec. 6. Calhoun CabinWell No. 2: located in the NE¼ SE¼, Sec. 6, T. 5 S., R. 82 W. of the 6th P.M. at a point1,830 ft. from the S. line and 730 ft. from the E. line of said Sec. 6. Calhoun Cabin Well


No. 3: located in the NE¼ SE¼, Sec. 6, T. 5 S., R. 82 W. of the 6th P.M. at a point 2,350 ft.from the S. line and 640 ft. from the E. line of said Sec. 6. Depth: less than 60 ft. Date ofinitiation of appropriation: 1/27/99. How appropriation was initiated: by fieldinspection and formation of intent to appropriate. Date water applied to beneficial use:N/A. Amt. claimed: 0.099 cfs (45 gpm), conditional, combined diversion from any oneor combination of the Calhoun Cabin Well Nos. 1 through 3. Use or proposed use:domestic and commercial in-house uses in 5 cabins. The wells are located within 100 ft.of Lake Creek. No delayed impacts will result from the diversions, and the wells canbe administered as surface rights. The subject wells are not located within 600 ft. of anywells owned by third parties. CLAIM FOR WATER STORAGE RIGHTS. CalhounPond No. 1. Legal description: (1) Location: an off-channel pond located in the SW¼NW¼, Sec. 5, T. 5 S., R. 82 W. of the 6th P.M. at a point 2,310 ft. from the N. line and 70ft. from the W. line of said Sec. 5. (2) If off-channel reservoir, describe how filled: (a)By overflow from the Calhoun Spring No. 1. The Calhoun Spring No. 1 wasadjudicated for domestic and fire protection uses in W-3398, Water Div. No. 5. Theflow rate decreed to the spring is 0.1 cfs. The right is located in the SE¼ NE¼ of Sec. 6,T. 5 S., R. 82 W. of the 6th P.M., at a point whence the NE corner of said Sec. 6 bears N.02°56'47" E. 2,460.43 ft. (b) The pond may also be filled with consumptive-use creditsassociated with the dry up of historic irrigation under the Bert Hyde Ditch, asdescribed more fully below. Date of appropriation: 5/1/85. How appropriation wasinitiated: by construction of pond, storage of water, and application to beneficial use.Date water applied to beneficial use: 5/1/85. Amt. claimed: 0.72 AF, absolute. Use:stockwater, aesthetic, piscatorial and wildlife. Surface area of high water line: 0.12 acre.Maximum height of dam: 8 ft. Length of dam: 150 ft. Total capacity of reservoir in AF:0.72. Active capacity: 0 AF. Dead storage: 0.72 AF. Calhoun-Buddy’s Pond. Legaldescription: Location: an off-channel pond located in the NE¼ SE¼, Sec. 6, T. 5 S., R. 82W. of the 6th P.M. at a point 1,640 ft. from the S. line and 670 ft. from the E. line of saidSec. 6. If off-channel reservoir, describe how filled: (1) Waste and seeps, and localdiffuse runoff. (2) Bert Hyde Ditch Pond Fill Right (see above). (3) The pond mayalso be filled with consumptive-use credits associated with the dry up of historicirrigation under the Bert Hyde Ditch, as described more fully below. Date of initiationof appropriation: 5/1/92. How appropriation was initiated: by construction of pond,storage of water, and application to beneficial use. Date water applied to beneficialuse: 5/1/92. Amt. claimed: 0.5 AF; absolute for stockwater, aesthetic and piscatorialpurposes; conditional for augmentation use. Use: absolute uses: stockwatering,aesthetic, and piscatorial. Conditional use: augmentation. Surface area of high waterline: 0.10 acre. Maximum height of dam: 8 ft. Length of dam: 140 ft. Total capacity ofreservoir: 0.5 AF. Active capacity: 0.5 AF. Dead storage: 0.0 AF. Calhoun B&B Pond.Legal description: (1) Location: an off-channel pond located in the NE¼ SE¼, Sec. 6, T.5 S., R. 82 W. of the 6th P.M., at a point 1,690 ft. from the S. line and 520 ft. from the E.line of said Sec. 6. (2) If off-channel reservoir, name and capacity of ditch or ditchesused to fill reservoir, and legal description of each point of diversion: (a) Bert HydeDitch Pond Fill Right (see above). (b) The pond may also be filled with consumptive-use credits associated with the dry up of historic irrigation under the Bert Hyde Ditch,


as described more fully below. Date of appropriation: 1/27/99. How appropriationwas initiated: by field investigation and formation of intent to appropriate. Date waterapplied to beneficial use: N/A. Amt. claimed: 0.30 AF, conditional. Use: aesthetic,piscatorial, and wildlife. Surface area of high water line: 0.10 AF. Maximum height ofdam: 2 ft. Length of dam: 100 ft. Total capacity of reservoir: 0.30 AF. Active capacity:0.00 AF. Dead storage: 0.30 AF. CLAIM FOR CHANGES OF WATER RIGHTS.Calhoun Diversion Point. Information from previous decree: Date entered - 12/30/77;Case No. W-3400; Dist. Ct. in and for Water Div. No. 5. Decreed point of diversion:located in the NE¼ SE¼ of Sec. 6, T. 5 S., R. 82 W. of the 6th P.M., at a point whence theSE corner of said Sec. 6 bears S. 23°48'24" E. 1,803.39 ft. Appropriation date: 1908.Amt.: 0.1 cfs, absolute. Decreed use: domestic, fire protection, and use in surroundingfarm buildings. Historic use: domestic, fire protection, and use in surrounding farmbuildings (e.g., stockwatering). Proposed changes: (1) Applicant requests a change inpoint of diversion for the Calhoun Diversion Point to a well located at the pointdescribed above. The well is within 200 ft. of the location of the Calhoun DiversionPoint decreed in Case No. W-3400. No enlargement of use will occur as a result of thischange; the right serves a single residence, as provided under the W-3400 decree. (2)Applicant also seeks judicial confirmation that the decreed use of the CalhounDiversion Point includes stockwater. Bert Hyde Ditch. Information from previousdecree: Date entered - 10/3/36; Case No. - C.A. 963; Eagle Cty. Dist. Ct. Decreed pointof diversion: see above. Appropriation date:6/1/1900. Amt.: 3.3. cfs, absolute.Decreed use: irrigation. Historic use: irrigation. Proposed changes: (1) Applicantowns approximately 60 acres along Lake Creek in Eagle Cty., CO (“subject property”).See location map, Exhibit A, on file with Ct.. Applicant has historically irrigatedapproximately 42 acres within the subject property. In recent years, Applicant hasdeveloped certain facilities on lands that were historically irrigated, including roads,parking lots, a riding arena, and a residential site, and such development has causedapproximately 1.7 acres to be permanently removed from irrigation. Exhibit B (filedwith Ct.) shows the historic irrigated area and the dry up. Exhibit C (filed with Ct.)contains a summary of the Bert Hyde Ditch diversion records. Based on the Blaney-Criddle PoChop method, Applicant has calculated the historic consumptive useassociated with the dry up to be 1.59 AF per acre of dry up, resulting in a totalconsumptive-use credit of 2.7 AF for the 1.7 acres removed from irrigation. Applicantseeks to change the use of these dry-up credits to include augmentation and storage inthe Calhoun-Buddy’s Pond, Calhoun B&B Pond, and Calhoun Pond No. 1. (2)Applicant seeks an alternate point of diversion for the Bert Hyde Ditch at the CalhounDiversion Point (described above) in the amt. of 0.1 cfs, and at the Calhoun Spring No.1 (described above) in the amt. of 0.1 cfs. Diversions at these alternate points will beused to irrigate lands that have historically been irrigated by the Bert Hyde Ditch. Noexpansion of use will occur. Future irrigation within the subject property will notexceed 40.3 acres (42 acres of historic irrigation, less the 1.7 acres of existing dry up).CLAIM FOR APPROVAL OF PLAN FOR AUGMENTATION. Description of waterrights to be augmented: Applicant seeks the right to divert water out of priority on ayear-round basis from the Calhoun Diversion Point First Enlargement, Calhoun-Gary’s


Well, and the Calhoun Cabin Well Nos. 1 through 3. The Calhoun Diversion Pointright decreed in Case No. W-3400 diverts from the same point as the Calhoun DiversionPoint First Enlargement, but is not included in this augmentation plan. Description ofwater rights to be used for augmentation: Bert Hyde Ditch and Calhoun-Buddy’sPond. Depletion projections and description of plan for augmentation: The purpose ofthe plan for augmentation is to augment the in-house uses associated with the single-family home served by the Calhoun-Gary’s Well, the large residence/bed and breakfastinn served by the Calhoun Diversion Point First Enlargement, and five cabins to beserved by the Calhoun Cabin Well Nos. 1 through 3. The projected diversionrequirement associated with these uses is approximately 3.07 AF annually, with aresulting consumptive use projected at 0.46 AF annually. These projections are basedupon an assumption that the single-family home and the five cabins will house anaverage of four persons per household, with a water use of 80 gallons per day perperson; and that the large residence/bed and breakfast inn will house an average ofeight persons, with a water use of 80 gallons per day per person. Consumptive use isestimated to be 15% of diversions; all wastewater will be treated by on-sitenonevaporative-type septic systems. Out-of-priority depletions to Lake Creek and theEagle River resulting from the said in-house uses will be replaced by a combination ofconsumptive-use credits associated with the dry up of 1.7 acres under the Bert HydeDitch, and water stored in priority in the Calhoun-Buddy’s Pond and released at thedirection of the Division Engineer. To assure the proper operation of the subjectaugmentation plan, Applicant will install and maintain such water measuring devicesand implement such accounting procedures as may be required to verify that theamount of augmentation water equals or exceeds the amount of out-of-prioritydepletions. In the event that any replacement wells are required or desired for thewells described hereinabove, Applicants request that such wells be automaticallyincorporated in this plan for augmentation, provided that they are subject to all theterms and conditions set forth herein. Operation of the said changes of water rightsand plan for augmentation will not result in any injury to vested or decreed conditionalwater rights. (20 pages)

49. 99CW324 UNABLE TO PUBLISH


50. 99CW325 Garfield County; Janus Spring Well, Bailey Springs, EnterpriseSprings, Roger’s Ditch, Roger’s Pond, Taylor’s Pond, Rudy’s Pond, Chase’s Pond,Diane’s Pond, Momo’s Pond, Cookie’s Pond, Todd & Tracy Pond, Bubba’s Pond,Graylen’s Pond, Daddy-O’s Pond, Jody’s Pond, Bruce’s Pond; Tributary to PiceanceCreek, Tributary to White River; Water District No. 43. James Goff, c/o Thomas L.Adkison, Hill, Edwards, Edwards and Adkison, L.L.C., 502 Main Street, Suite 201,Carbondale, Colorado 81623, (970) 963-3900. First Claim: Underground Right.Structure: Janus Spring Well. Legal Description: In the NW1/4 SW1/4 Section 25,Township 3 South, Range 94 West, 6th P.M., at a point 1950 feet from the South sectionline and 100 feet from the West section line. Source: Groundwater tributary to PiceanceCreek, tributary to the White River, at a depth of 20 feet. Date of Appropriation:November 16, 1999. How Initiated: Location of structure and formation of intent toappropriate. Amount Claimed: 0.033 c.f.s. (15 g.p.m.), conditional, up to 1.0 acre-footper year. Use: Only well on 40 acres (NW1/4 SW1/4 Section 25, Township 3 South,Range 94 West, 6th P.M.), ordinary household purposes, fire protection, watering ofpoultry, domestic animals, and livestock on a ranch, irrigation of not over one acre ofhome gardens and lawns, not more than three single-family dwellings, return flow tosame stream. Second Claim: Surface Right. Structure: Bailey Springs. LegalDescription: In the SW1/4 NE1/4 Section 19, Township 3 South, Range 93 West, 6th

P.M., at a point 1350 feet from the North section line and 1350 feet from the East sectionline. Source: unnamed tributary to Piceance Creek, tributary to the White River. Dateof appropriation: November 16,1999. How initiated: location of structure,measurement of flow and formation of intent to appropriate. Amount: 0.33 cfs (150gpm), conditional. Use: Irrigation of 15 acres in parts of SE1/4 SE1/4 Section 24 andNE1/4 NE1/4 Section 25, Township 3 South, Range 94 West; and SW1/4 SW1/4Section 19 and NW1/4 NW1/4 Section 30, Township 3 South, Range 93 West; all in the6th P.M., domestic, stockwatering, power generation, and fire protection, includingstorage. Third Claim: Surface right. Structure: Enterprise Springs. Legal description:in the SW1/4 SE1/4 Section 19, Township 3 South, Range 93 West, 6th P.M., at a point890 feet from the South section line and 2600 feet from the East section line. Source:unnamed tributary to Piceance Creek, tributary to the White River. Date ofappropriation: November 16,1999. How initiated: field and map location of structures,measurement of flow and formation of intent to appropriate. Amount: 0.22 cfs (100gpm), conditional. Use: Irrigation of 10 acres in parts of SE1/4 SE1/4 Section 24 andNE1/4 NE1/4 Section 25, Township 3 South, Range 94 West; and SW1/4 SW1/4Section 19 and NW1/4 NW1/4 Section 30, Township 3 South, Range 93 West; all in the6th P.M., domestic, stockwatering, power generation and fire protection, includingstorage. Fourth Claim: Surface Right. Structure: Roger’s Ditch. Legal description: inthe SW1/4 SW1/4 Section 24, Township 3 South, Range 94 West, 6th P.M., at a point1300 feet from the South section line and 600 feet from the West section line. Source:Piceance Creek. Date of appropriation: November 16,1999. How initiated: field andmap location of structures, measurement of flow and formation of intent to appropriate.Amount: 1.0 cfs, conditional. Use: Stockwatering, power generation, piscatorial,aesthetic, wildlife and augmentation, including storage. Fifth Claim: Storage Right.


Structure: Roger’s Pond. Legal description: in the SW1/4 NW1/4 Section 25, Township3 South, Range 94 West of the 6th P.M., at a point 1500 feet from the North section lineand 1225 feet from the West section line. Off-channel reservoir to be filled by Roger’sDitch, above; and by Willow Springs, 0.033 cfs decreed in Garfield County Case No. 80CW 288 (Application for Change in Use will be made in subsequent case). Source:Unnamed tributary to Piceance Creek, Piceance Creek, tributary to the White River.Date of appropriation: November 16, 1999. How initiated: field and map location ofstructures, measurement of flow and formation of intent to appropriate. Amount: 5.0acre feet, conditional. Rate for filling: 1.0 cfs from Roger’s Ditch, 0.033 cfs from WillowSprings. Use: Stockwatering, power generation, piscatorial, aesthetic, wildlife andaugmentation. Surface area: 1.0 acres. Height: 10 feet. Length: 220 feet. Capacity: 5.0acre-feet. Active: 5.0 acre-feet. Dead: 0 acre-feet. Sixth Claim: Storage Right.Structure: Taylor’s Pond. Legal description: in the NE1/4 NE1/4 Section 25, Township3 South, Range 94 West of the 6th P.M., at a point 50 feet from the North section lineand 200 feet from the East section line. Source: unnamed tributary to Piceance Creek,tributary to the White River. Date of appropriation: November 16, 1999. Howinitiated: field and map location of structures, measurement of flow and formation ofintent to appropriate. Amount: 4.0 acre feet, conditional. Use: Stockwatering, powergeneration, piscatorial, aesthetic, and wildlife. Surface area: 0.75 acres. Height: 10feet. Length: 100 feet. Capacity: 4.0 acre-feet. Active: 4.0 acre-feet. Dead storage: 0acre-feet. Seventh Claim: Storage Right. Structure: Rudy’s Pond. Legal description: inthe SE1/4 SE1/4 Section 24, Township 3 South, Range 94 West of the 6th P.M., at apoint 400 feet from the South section line and 150 feet from the East section line.Source: unnamed tributary to Piceance Creek, tributary to the White River. Date ofappropriation: November 16, 1999. How initiated: field and map location ofstructures, measurement of flow and formation of intent to appropriate. Amount: 2.5acre feet, conditional. Use: Stockwatering, power generation, piscatorial, aesthetic, andwildlife. Surface area: 0.50 acres. Height of dam in feet: 10 feet. Length: 200 feet.Capacity: 2.5 acre-feet. Active: 2.5 acre-feet. Dead: 0 acre-feet. Eighth Claim: StorageRight. Structure: Chase’s Pond. Legal description: in the SE1/4 SE1/4 Section 24,Township 3 South, Range 94 West of the 6th P.M., at a point 750 feet from the Southsection line and 150 feet from the East section line. Source: An unnamed tributary toPiceance Creek, tributary to the White River. Date of appropriation: November 16,1999. How initiated: field and map location of structures, measurement of flow andformation of intent to appropriate. Amount: 1.2 acre feet, conditional. Use:Stockwatering, power generation, piscatorial, aesthetic, and wildlife. Surface area: 0.25acres. Height: 10 feet. Length: 120 feet. Capacity: 1.2 acre-feet. Active: 1.2 acre-feet.Dead storage: 0 acre-feet. Ninth Claim: Storage Right. Structure: Diane’s Pond. Legaldescription: in the NE1/4 SE1/4 Section 24, Township 3 South, Range 94 West of the6th P.M., at a point 1400 feet from the South section line and 100 feet from the Eastsection line of Section 24. Source: unnamed tributary to Piceance Creek, tributary to theWhite River. Date of appropriation: November 16, 1999. How initiated: field and maplocation of structures, measurement of flow and formation of intent to appropriate.Amount: 1.2 acre feet, conditional. Use: Stockwatering, power generation, piscatorial,


aesthetic, and wildlife. Surface area: 0.25 acres. Height: 10 feet. Length: 100 feet.Capacity: 1.2 acre-feet. Active: 1.2 acre-feet. Tenth Claim: Storage Right. Structure:Momo’s Pond. Legal description: in the NW1/4 SW1/4 Section 19, Township 3 South,Range 93 West of the 6th P.M., at a point 1900 feet from the South section line and 70feet from the West section line. Source: unnamed tributary to Piceance Creek, tributaryto the White River. Date of appropriation: November 16, 1999. How initiated: fieldand map location of structures, measurement of flow and formation of intent toappropriate. Amount: 1.5 acre feet, conditional. Use: Stockwatering, powergeneration, piscatorial, aesthetic, and wildlife. Surface area: 0.30 acres. Height: 10feet. Length: 80 feet. Capacity: 1.5 acre-feet. Active: 1.5 acre-feet. Dead: 0 acre-feet.Eleventh Claim: Storage Right. Structure: Cookie’s Pond. Cookie’s Pond will belocated in the NW1/4 SW1/4 Section 19, Township 3 South, Range 93 West of the 6thP.M., at a point 2250 feet from the South section line and 550 feet from the West sectionline. Source: unnamed tributary to Piceance Creek, tributary to the White River. Dateof appropriation: November 16, 1999. How initiated: field and map location ofstructures, measurement of flow and formation of intent to appropriate. Amount: 1.5acre feet, conditional. Use: Stockwatering, power generation, piscatorial, aesthetic, andwildlife. Surface area: 0.35 acres. Height of dam in feet: 10 feet. Length: 180 feet.Capacity: 1.5 acre-feet. Active: 1.5 acre-feet. Dead: 0 acre-feet. Twelfth Claim: StorageRight. Structure: Todd & Tracy Pond. Legal description: in the NW1/4 SW1/4 Section19, Township 3 South, Range 93 West of the 6th P.M., at a point 2600 feet from theSouth section line and 880 feet from the West section line. Source: An unnamedtributary to Piceance Creek, tributary to the White River. Date of appropriation:November 16, 1999. How initiated: field and map location of structures, measurementof flow and formation of intent to appropriate. Amount: 1.5 acre feet, conditional.Use: Stockwatering, power generation, piscatorial, aesthetic, and wildlife. Surfacearea: 0.30 acres. Height: 10 feet. Length: 100 feet. Capacity: 1.5 acre-feet. Active: 1.5acre-feet. Dead: 0 acre-feet. Thirteenth Claim: Storage Right. Structure: Bubba’s Pond.Legal description: in the SE1/4 NW1/4 Section 19, Township 3 South, Range 93 West ofthe 6th P.M., at a point 2400 feet from the North section line and 1500 feet from theWest section line. unnamed tributary to Piceance Creek, tributary to the White River.Date of appropriation: November 16, 1999. How initiated: field and map location ofstructures, measurement of flow and formation of intent to appropriate. Amount: 2.5acre feet, conditional. Use: Stockwatering, power generation, piscatorial, aesthetic, andwildlife. Surface area: 0.50 acres. Height: 10 feet. Length: 200 feet. Capacity: 2.5 acre-feet. Active: 2.5 acre-feet. Dead: 0 acre-feet. Fourteenth Claim: Storage Right.Structure: Graylen’s Pond. Legal description: in the SW1/4 SW1/4 Section 19,Township 3 South, Range 93 West of the 6th P.M., at a point 20 feet from the Southsection line and 500 feet from the West section line. Source: unnamed tributary toPiceance Creek, tributary to the White River. Date of appropriation: November 16,1999. How initiated: field and map location of structures, measurement of flow andformation of intent to appropriate. Amount: 1.0 acre feet, conditional. Use:Stockwatering, power generation, piscatorial, aesthetic, and wildlife. Surface area: 0.20acres. Height: 10 feet. Length 80 feet. Capacity: 1.0 acre-feet. Active: 1.0 acre-feet.


Dead: 0 acre-feet. Fifteenth Claim: Storage Right. Structure: Daddy-O’s Pond. Legaldescription: in the SW1/4 SW1/4 Section 19, Township 3 South, Range 93 West of the6th P.M., at a point 100 feet from the South section line and 920 feet from the Westsection line. Source: unnamed tributary to Piceance Creek, tributary to the White River.Date of appropriation: November 16, 1999. How initiated: field and map location ofstructures, measurement of flow and formation of intent to appropriate. Amount: 3.5acre feet, conditional. Use: Stockwatering, power generation, piscatorial, aesthetic, andwildlife. Surface area: 0.75 acres. Height: 10 feet. Length: 180 feet. Capacity: 3.5 acre-feet. Active: 3.5 acre-feet. Dead: 0 acre-feet. Sixteenth Claim: Storage Right.Structure: Jody’s Pond. Legal description: in the NW1/4 NW1/4 Section 30, Township3 South, Range 93 West of the 6th P.M., at a point 100 feet from the North section lineand 10 feet from the West section line. If off-channel, name and capacity of ditch usedto fill reservoir and legal description of point of diversion: Wilcoxson Ditch No. 1,decreed for 1.5 cfs in Garfield County Case No. 97 CW 86, point of diversion in theS1/2 Section 19, Township 3 South, Range 93 West, 6th P.M., approximately 1000 feetfrom the South section line and 2400 feet from the West section line (Application forChange in Use for Wilcoxson Ditch No. 1 will be made in a subsequent case). Source:The North Fork of White’s Creek, tributary to Piceance Creek, tributary to the WhiteRiver. Date of appropriation: November 16, 1999. How initiated: field and maplocation of structures, measurement of flow and formation of intent to appropriate.Amount: 4.0 acre feet, conditional. Rate of Filling: 1.5 cfs. Use: Stockwatering, powergeneration, piscatorial, aesthetic, and wildlife. Surface area: 0.90 acres. Height: 10feet. Length: 400 feet. Capacity: 4.0 acre-feet. Active: 4.0 acre-feet. Dead: 0 acre-feet.Seventeenth Claim: Storage Right. Structure: Bruce’s Pond. Legal description: in theNE1/4 NW1/4 Section 30, Township 3 South, Range 93 West of the 6th P.M., at a point110 feet from the North section line and 1980 feet from the West section line. If off-channel, name and capacity of ditch used to fill and point of diversion: Wilcoxson DitchNo. 1, decreed for 1.5 cfs in Garfield County Case No. 97 CW 86, point of diversion inthe S1/2 Section 19, Township 3 South, Range 93 West, 6th P.M., at a pointapproximately 1000 feet from the South section line and 2400 feet from the West sectionline (Application for Change in Use for the Wilcoxson Ditch No. 1 will be made in asubsequent case). Source: The North Fork of White’s Creek, tributary to PiceanceCreek, tributary to the White River. Date of appropriation: November 16, 1999. Howinitiated: field and map location of structures, measurement of flow and formation ofintent to appropriate. Amount claimed: 1.5 acre feet, conditional. Rate of fill: 1.5 cfs.Use: Stockwatering, power generation, piscatorial, aesthetic, and wildlife. Surfacearea: 0.25 acres. Height: 10 feet. Length: 100 feet. Capacity: 1.5 acre-feet. Active: 1.5acre-feet. Dead: 0 acre-feet. All points of diversion, storage and use are located onApplicant’s property. (26 pages)


51. 97CW036 EAGLE COUNTY - ALKALI CREEK TRIBUTARY TO EAGLERIVER, 4 Eagle Ranch, c/o Scott Balcomb, Esq., Edward B. Olszewski, Esq., Balcomb& Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602, (970) 945-6546. SecondAmendment to Application for Water Rights . Amendment to Water RightsApplication. Applicant amends its application to correct the legal description in itsclaim for surface water right. The actual legal description of the spring is located in theSW1/4NW1/4 of Section 26, Township 3 South, Range 83 West, 6th P.M., Eagle County,Colorado at a point 1,700 feet South of the North Section line and 280 feet East of theWest Section line. All other information contained in the original and amendedApplications remains the same. (4 pages)


52. 98CW307 RIO BLANCO COUNTY - SPRINGS TRIBUTARY TO MARVINECREEK, TRIBUTARY TO WHITE RIVER; WEST MARVINE CREEK, HOUSECREEK, HAMMOND CREEK (a/k/a JOHNSON CREEK). Diamond M, LLC, c/oLori Satterfield, Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO81602. Second Amended Application for Surface Water Rights, Storage Water Rights,and Plan for Augmentation. Except as described herein, claims made in theApplication and Amended Application are as published previously. Robert E. BarbourPipeline 1998 Right. The principal intake is in a spring from whence the SE corner ofSec. 26, T. 1 N., R. 90 W. of the 6th P.M. bears S. 57°23' E. 2338.7 ft. Intake No. 2 is at apoint whence said sec. corner bears S. 58°24' E. 2434.3 ft. Intake No. 3 is at a pointwhence said sec. corner bears S. 62°24' E. 1937.9 ft. Date of appropriation: 2/25/98.How appropriation was initiated: by field investigation, purchase of property andformation of intent to appropriate. Date water applied to beneficial use: 7/1/99. Amt.claimed: 0.029 cfs (13 gpm), absolute (combined diversion from all intakes). Use:domestic and commercial. Remarks: Overflow from the springs accrues to the BarbourSouth Side Ditch and such overflow is referred to as the “Barbour Springs” herein.West Marvine Ditch Enlargement. Legal description: located in the NW¼ NW¼ of Sec.36, T. 1 N., R. 90 W. of the 6th P.M., at a point 1100 ft. from the N. line and 1300 ft. fromthe W. line of said Sec. 36. Date of appropriation: 2/25/98. How appropriation wasinitiated: by field investigation, purchase of property and formation of intent toappropriate. Date water applied to beneficial use: 10/1/99. Amt. claimed: 5.0 cfs,absolute. Use: piscatorial, recreation, sediment control and to fill and refillcontinuously West Marvine Pond Nos. 1 through 3 (see below). Barbour South SideDitch Enlargement (for diversion at Headgate No. 1, Headgate No. 2, and/or theBarbour Springs). Legal descriptions: Barbour South Side Ditch EnlargementHeadgate No. 1: located in the SW¼ SW¼ of Sec. 25, T. 1 N., R. 90 W. of the 6th P.M., ata distance of 1000 ft. from the S. line and 600 ft. from the W. line of said Sec. 25.Barbour South Side Ditch Enlargement Headgate No. 2: located in the NW¼ SE¼ ofSec. 27, T. 1 N., R. 90 W. of the 6th P.M., at a distance of 2400 ft. from the S. line and 1700ft. from the E. line of said Sec. 27. Overflow from springs which also are intercepted bythe Robert E. Barbour Pipeline, see above. Date of appropriation: (1) at Headgate Nos.1 and 2: 2/25/98; (2) at Barbour Springs: 9/20/47. How appropriation was initiated: atHeadgate Nos. 1 and 2: by field investigation, purchase of property, and formation ofintent to appropriate. Barbour Springs: by field investigation and original survey of theBarbour South Side Ditch, together with formation of intent to appropriate. Date waterapplied to beneficial use: (1) at Headgate Nos. 1 and 2: 10/1/99; (2) Barbour Springs:before 11/26/58. Amt. claimed: 15 cfs, absolute, combined diversions from anycombination of Headgate Nos. 1, 2 and the Barbour Springs. Use: (1) at Headgate No. 1and the Barbour Springs: piscatorial, recreation, sediment control and to fill and refillcontinuously the Barbour Pond (decreed in Case No. C.A. 999, Rio Blanco Dist. Ct.),Barbour Pond First Enlargement (decreed in Case No. 98CW076, Water Div. No. 5),Ball Lake Reservoir (decreed in Case No. C.A. 999), Ball Lake Reservoir FirstEnlargement (decreed in Case No. 98CW076), Ball Lake Reservoir Second Enlargement(see below), and Lodge Pond (see below); (2) at Headgate No. 2: piscatorial, recreation,


sediment control and to fill and refill continuously Ball Lake Reservoir (decreed in CaseNo. C.A. 999), Ball Lake Reservoir First Enlargement (decreed in Case No. 98CW076),and Ball Lake Reservoir Second Enlargement (see below). CLAIM FOR WATERSTORAGE RIGHTS. Legal description of center line of dams:

STRUCTURE

LOCATION(1)

Quarter SectionSection Feet from

North/South lineFeet from East/West

line

40 acre 160 acre

Lodge Pond NE SW 26 2050 S 2450 W

West Marvine Pond #1 SW SW 25 450 S 600 W



Ball Lake Reservoir 2nd Enl. SW NE 27 1900 N 3000 W

(1) All locations are in T. 1 N., R. 90 W. of the 6th P.M.

Lodge Pond filled by Barbour South Side Ditch Enlargement (Headgate No. 1 and BarbourSprings). West Marvine Pond Nos. 1 through 3 filled by West Marvine Ditch EnlargementBall Lake Reservoir Second Enlargement filled by Barbour South Side Ditch Enlargement(Headgate Nos. 1 and 2, and Barbour Springs). Date of appropriation: 2/25/98.Howappropriation was initiated: by field investigation, purchase of property and formation ofintent to appropriate.

Structure Amt./Volume (AF)

Surface Area(acres)

Dam Characteristics ActiveCapacity

(AF)

DeadStorage

(AF)

Max. Height (ft.) Length(ft.)

Lodge Ponds 0.3 (absolute) 0.1 5 140 0 0.3

West Marvine Pond #1 2 (absolute) 0.25 5 200 0 2



Ball Lake Reservoir 2nd Enl. 10 (condition-al) 1 44 1600 10 0

Uses for all ponds: sediment control, piscatorial, recreation, wetlands, and augmentation. PLAN FOR AUGMENTATION (see prior resumes). (15 pages)


53. 99CW058 ROUTT COUNTY, COLORADO RIVER. 1. Name and Address ofApplicant: George Hill, LLC, c/o Ms. Georgia Parker, 7465 Kendall Street, Arvada, CO80003; c/o Douglas L. Abbott, Holland & Hart LLP, 555 Seventeenth Street, Suite 3200, PostOffice Box 8749, Denver, CO 80201-8749; (303) 295-8000. APPLICATION FOR SURFACEWATER RIGHT. 2. Name of Structure: Elk Spring and Pipeline First Enlargement. A.Amount: 0.36 cfs absolute. B. Location: The spring is located in the Southwest ¼ of theNorthwest ¼ of Section 23, Township 1 South, Range 84 West of the 6th P.M., at a point1,866 feet South and 6 feet East of the Northwest Corner of said Section 23. C. Use:Irrigation. D. Appropriation date: August 12, 1978. E. How appropriation was initiated:By the use of water from Applicants’ one-half share of 0.36 cfs in Elk Spring and Pipelinefor irrigation. F. Date water applied to beneficial use: August 12, 1978. G. Source: Aspring tributary to an unnamed tributary of the Colorado River. H. Remarks: Elk Springand Pipeline was decreed for 0.36 cfs conditional in Case No. W-4015 in the District Courtin and for Water Division No. 5 on October 7, 1979 and was made absolute in Case No. 82CW 204 dated May 31, 1983. The Applicant owns one-half (1/2) of this water right anddesires to add up to 5 acres of irrigation as a new use to the previously decreed uses ofdomestic, livestock water, fire protection and piscatorial. APPLICATION FOR CHANGEOF WATER RIGHT. 3. Name of Structure: Elk Spring and Pipeline. A. Amount: 0.36 cfs.Elk Spring and Pipeline was decreed for 0.36 cfs conditional in Case No. W-4015 in theDistrict Court in and for Water Division No. 5 on October 7, 1979 and was made absolute inCase No. 82 CW 204 dated May 31, 1983. The Applicant owns one-half (1/2) of this waterright. B. Location: The spring is located in the Southwest ¼ of the Northwest ¼ of Section23, Township 1 South, Range 84 West of the 6th P.M., at a point 1,866 feet South and 6 feetEast of the Northwest Corner of said Section 23. C. Uses: Domestic, livestock water, fireprotection and piscatorial purposes. D. Appropriation date: August 12, 1978. E. Source:A spring tributary to an unnamed tributary of the Colorado River. 4. Proposed change:The Applicant proposes to add irrigation for up to 5 acres of lawns and gardens, to theallowable uses of the Applicant’s share of the Elk Spring and Pipeline, with anappropriation date of August 12, 1978. APPLICATION FOR APPROVAL OF PLAN FORAUGMENTATION. 5. Name of structures to be augmented: Esther Louise Spring, ElkSpring and Pipeline and Elk Spring and Pipeline First Enlargement. A. Esther LouiseSpring. 1. Date of original decree: Case No. 2858 in the District Court for Water DivisionNo. 5 dated April 26, 1976. 2. Location: The spring is located in the Northeast ¼ Southeast¼ of Section 23, Township 1 South, Range 84 West of the 6th P.M. at a point where the Eastcorner of Section 23 bears North 66° 10’ East 470 feet. 3. Use: Domestic. 4. Appropriationdate: July 27, 1975. 5. Amount: .004 cfs absolute. 6. Source: A spring tributary to anunnamed tributary of the Colorado River. B. Elk Spring and Pipeline: See the descriptionin Paragraph 3 above. C. Elk Spring and Pipeline First Enlargement: See the description inParagraph 2 above. 6. Water Right to be Used for Augmentation. A. Name: GreenMountain Reservoir. B. Decree: Decreed October 5, 1955 in Case Nos. 2782, 5016 and 5017in the Federal District Court for the District of Colorado. C. Location: Sections 11-15, 24,Township 2 South, Range 80 West and Sections 17-21, 28, 29, 33 and 34, Township 2 South,Range 79 West of the 6th P.M. D. Source: Decreed Amount: 154,645 acre feet. E.Appropriation Date: August 1, 1935. 7. Plan for Augmentation. A. The Applicant owns


40 acres of property in Section 23, Township 1 South, Range 84 West of the 6th P.M. in RouttCounty, Colorado. The Applicant proposes to supply water to one single-family homeincluding detatched guest quarters, to irrigate up to 5 acres of lawn and gardens, to fill andre-fill one pond and to water up to 4 horses. The sources of water supply for these uses arethe Esther Louise Spring and the Elk Spring and Pipeline. B. The Esther Louise Spring, theElk Spring and Pipeline and the Elk Spring and Pipeline First Enlargement are believed tobe in priority during May and June, but are potentially out of priority during July throughApril. C. The total annual consumptive use for the proposed uses is 8.101 acre feet asshown on the schedule below. Subtracting from this total the consumptive uses duringMay and June of 2.683 acre feet when the sources are in priority, results in consumptive userequiring augmentation of 5.418 acre feet annually. Applicant estimates transit losses at anadditional 5% annually. Therefore, the total amount of consumptive use requiringaugmentation is 5.685 acre feet. D. The applicant will enter into a long-term water servicecontract with the Bureau of Reclamation for the release of water from Green MountainReservoir in the amount of 6 acre feet annually. Such a contract will be entered into prior toApplicant using water as proposed in this application. The water will be released ondemand by the Division Engineer from Green Mountain Reservoir pursuant to the contractto replace all out-of-priority depletions from the Elk Spring and Pipeline, the Elk Springand Pipeline First Enlargement and Esther Louise Spring. The releases will occur accordingto the following schedule:

MONTH CONSUMPTIVE USEHousehold(1)

StockWatering(2)

PondEvap(3)

Irrigation(4)

Total Augmentation Required (5)

JAN 0.005 0.004 0.00 0 0.000 0.009 0.009FEB 0.005 0.004 0.014 0.000 0.023 0.024MARCH 0.005 0.004 0.043 0.000 0.052 0.054APRIL 0.005 0.004 0.074 0.000 0.083 0.087MAY 0.005 0.004 0.111 0.660 0.780 0.000JUNE 0.005 0.004 0.144 1.750 1.903 0.000JULY 0.005 0.004 0.142 1.992 2.143 2.250AUG 0.005 0.004 0.106 1.604 1.719 1.804SEPT 0.005 0.004 0.094 1.063 1.166 1.224OCT 0.005 0.004 0.060 0.113 0.182 0.191NOV 0.005 0.004 0.023 0.000 0.032 0.033DEC 0.005 0.004 0.000 0.000 0.009 0.009Annual 0.06 0.048 0.811 7.182 8.101 5.685

(1) - 3.5 residents x 150 gpd x 365 x 10%

(2) - 4 head at 11 gpd per head


(3) - Evaporation of one pond with 1/3 acre in surface area based on calculationsprovided by the Division Engineer assuming an elevation above 6,500 ft. andusing the Yampa precipitation gauge.

(4) - Irrigation of 5 acres at 1.68 acre feet/acre

(5) - Includes 5% transit loss

8. Applicant and its assigns understands that the lease supply is only for a period of 25years and if such lease should expire, fail to be renewed, is terminated, or an alternativesource of replacement water is not included in this decree by proper amendment prior tosuch expiration, curtailment of all out-of-priority diversions will occur. 9. Applicant shallinstall measuring devices, provide accounting, and supply calculations regarding thetiming of depletions as required by the Division Engineer for the operation of this plan.Applicant shall also file an annual report with the Division Engineer by November 15th ofeach year summarizing diversions and replacements for the preceding November - Octoberperiod. 10. Pursuant to C.R.S. 37-92-305(8), the state engineer shall curtail all out-of-priority diversions, the depletions from which are not so replaced as to prevent injury tovested water rights. 11. Upon information and belief, the proposed surface water right,change of water right and plan for augmentation can be implemented without injury to anyvested water right or decreed conditional water right. WHEREFORE, Applicant requestsapproval of the proposed surface water right, change of water right and plan foraugmentation. (6 Pages)

54. 99CW151 GARFIELD COUNTY - FOUR MILE CREEK, ROARING FORKRIVER. Kevin and Marian Leonard; 3397 CR 117; Glenwood Springs, CO 81601 970-945-6901. Leonard Pump and Pipeline - Amended Application for Water Rights (Surface).Amended to reflect corrected legal description - SE1/4SW1/4 Sec. 34, T. 6 S., R. 89 W., 6thP.M. on the right bank of Four Mile Creek at a point whence the SW corner of said Sec. 34bears South 78°24'0" West 2,273 feet. The remainder of the application remains aspreviously published. (3 pages)

YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY2000 to file with the Water Clerk in quadruplicate a verified statement of oppositionsetting forth facts as to why a certain application should not be granted or why it shouldbe granted only in part or on certain conditions. A copy of such statement of oppositionmust also be served upon the applicant or the applicant's attorney and an affidavit orcertificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5,CRCP. (Filing Fee: $45.00) PEGGY JORDAN, Water Clerk, Water Division 5; 109 8thStreet, Suite 104; Glenwood Springs, CO 81601.

pursuant to c.r.s., 37-92-302, as amended, you are ...€¦ · trout & raley, p.c. bennett w....

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