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COURT,DISTRICT COUNTY, COLORADOGARFIELD (GLENWOOD SPRINGS)Court Address:109 8th Street, Ste. 104, Glenwood Springs, CO, 81601

In the Interest of: INYANGA RANCH LLC

COURT USE ONLYCase Number: 2012CW191Division: E Courtroom:

Decree: Order

The motion/proposed order attached hereto: GRANTED.

Any request for a future finding of reasonable diligence shall be filed in September 2021.

Issue Date: 9/13/2015

JAMES BERKLEY BOYD District Court Judge

DATE FILED: September 13, 2015 3:12 PM CASE NUMBER: 2012CW191

DISTRICT COURT, WATER DIVISION NO. 5 STATE OF COLORADO Court Address: 109 8th Street, Suite 104 Glenwood Springs, CO 81601 (970) 928-3065

▲ COURT USE ONLY ▲

CONCERNING THE APPLICATION FOR WATER RIGHTS OF: INYANGA RANCH, LLC in Garfield County, Colorado.

Case Number:

12 CW 191

FINDINGS OF FACT, CONCLUSIONS OF LAW, RULING OF REFEREE, AND JUDGMENT AND DECREE OF THE WATER COURT

Inyanga Ranch, LLC (“Applicant”) filed the Application for Water Rights, Changes of

Water Rights and Approval of a Plan for Augmentation, Including Exchange in this matter on December 31, 2012 (the “Application”). The Water Judge referred the Application to the undersigned as Water Referee of Water Division No. 5, State of Colorado, in accordance with Article 92 of Chapter 37, Colorado Revised Statutes, known as the Water Right Determination and Administration Act of 1969.

The undersigned Referee having made such investigations as are necessary to determine whether or not the statements in the Application are true and having become fully advised with respect to the subject matter of the Application does hereby make the following determination and Ruling of the Referee in this matter.

FINDINGS OF FACT

1. The statements in the Application are true.

2. Name, Address, and Telephone Number of Applicant:

Inyanga Ranch, LLC c/o Stuart M. Ross P.O. Box 8020

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District Court, Water Division 5 Case No. 12CW191

Findings of Fact, Conclusions of Law, Ruling, Judgment and Decree Page 2 of 27

Garden City, NY 11530 (843) 513-7833 [email protected] c/o Mark E. Hamilton, Esq. HOLLAND & HART LLP 600 E. Main St., Suite 104 Aspen, CO 81611-1991 (970) 925-3476 [email protected]

3. Statements of Opposition. Timely statements of opposition were filed in this matter by: Colorado River Water Conservation District, acting by and through its Colorado River Water Projects Enterprise (the “River District”), Lands West Ventures, Inc. (d/b/a Bear Wallow Ranch), NCIG Financial Inc., and Williams Canal Company (collectively the “Objectors”). No other statements of opposition were filed and the time for filing statements of opposition has expired.

4. Stipulations. Applicant has entered stipulations with the following parties for entry of a ruling and decree in this matter, which stipulations have been approved by the Court: the River District, Lands West Ventures, Inc. (d/b/a Bear Wallow Ranch), NCIG Financial Inc., and Williams Canal Company.

5. Division Engineer’s Summary of Consultation. The Division Engineer filed a Consultation Report dated March 13, 2013. Applicant filed a response to the Consultation Report on September 20, 2013. The Court has considered the Consultation Report and Applicant’s Response.

6. Overview: Applicant owns approximately 529 acres of land along Canyon Creek in Garfield County, Colorado, which property was historically known as the Rock-N-Pines Ranch but has recently been renamed as Inyanga Ranch. See Figure 2. Applicant’s integrated water supply plan includes: (a) a conditional surface water right to generate hydropower; (b) conditional water storage water rights associated with existing ponds; (c) changes of surface water rights to conform points of diversion to actual points of diversion based upon recent GIS data, to consolidate points of diversion, and to facilitate development of a new irrigation system; (d) approval of a plan for augmentation to allow ranch ponds to remain full during times of water rights administration downstream on the Colorado River but when there is no local call on Canyon Creek; and (e) an appropriative right of exchange on Canyon Creek to operate in conjunction with the pond plan for augmentation.

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012CW191

mailto:[email protected]



FIRST CLAIM FOR RELIEF Surface Water Right

7. Inyanga Hydropower Pipeline.

A. Location: This headgate is located in the SW1/4 NW1/4, Sec. 12, T. 5 S., Range 90 West, 6th P.M., at a point 2,355 feet from the N. sec. line and 1,300 feet from the W. sec. line of said Sec. 12, Garfield County, CO. See Figure 2.

B. Source: Canyon Creek

C. Appropriation:

(1) Appropriation date: December 31, 2012

(2) How appropriation was initiated: by formation of requisite intent to appropriate coupled with actions manifesting such an intent sufficient to put third parties on notice, including but not limited to the filing of this water rights application.

D. Amount claimed: 4.0 c.f.s., conditional, during the irrigation season each year, from April 1 through October 31; and 2.0 c.f.s., conditional, during the non-irrigation season each year, from November 1 through March 31.

E. Uses: hydroelectric power generation

F. Remarks: this water right is sought for the purpose of allowing the Applicant to generate power with water diverted at the west point of diversion on Inyanga Ranch. The Inyanga Hydropower Pipeline and the point of return to Canyon Creek are depicted on Figure 2. The Inyanga Hydropower Pipeline shall be piped and the system maintained to be non-consumptive. The point of return to Canyon Creek will be above the headgate of the Williams Canal.

G. Name and Address of Owners of Land Where Structure Will be Located: Applicant.

SECOND CLAIM FOR RELIEF Water Storage Rights

8. Rock-N-Pines Pond No. 1.

A. Location: The centerline of the dam is located in the SW1/4 NW1/4, Sec. 13, T. 5 S., R. 90 W., 6th P.M., at a point 3,540 feet from the S. sec. line and 685 feet from the W. sec. line of said Sec. 13, Garfield County, CO. See Figure 1.

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B. Source: Rock-N-Pines No. 2 Ditch Enlargement (03CW130), local spring flow, runoff and irrigation tailwater tributary to Canyon Creek, tributary to the Colorado River.

C. Name and Capacity of Ditches Used to Fill the Pond:

(1) Rock-N-Pines No. 2 Ditch Capacity: 2.0 c.f.s. First Enlargement

D. Appropriation:

(1) Appropriation Date: March 12, 2003.

(2) How appropriation was initiated: by formation of requisite intent to appropriate coupled with actions manifesting such an intent sufficient to put third parties on notice, including but not limited to field survey of pond location and formation of intent to construct pond;

E. Amount claimed: 9.56 acre-feet, conditional, with the right to fill and refill in priority for the purposes claimed herein. The total cumulative refills in Rock-N-Pines Pond Nos. 1-8 shall not exceed 23.5 acre-feet per year.

F. Uses: piscatorial, recreational, aesthetic, fire protection and dust control.

G. Surface area of high water line: 1.54 acres

(1) Height: less than 10 feet

(2) Length: 580 feet

H. Total Capacity: 9.56 acre-feet, all active storage.

I. Name and Address of Owners of Land Where Structure Will be Located: Applicant.


A. Location: The centerline of the dam is located in the SW1/4 NW1/4, Sec. 13, T. 5 S., R. 90 West, 6th P.M., at a point 3,440 feet from the S. sec. line and 670 feet from the W. sec. line of said Sec. 13, Garfield County, CO. See Figure 1.


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D. Appropriation:

(1) Appropriation Date: March 12, 2003

(2) How appropriation was initiated: by formation of requisite intent to appropriate coupled with actions manifesting such an intent sufficient to put third parties on notice, including but not limited to field survey of pond location and formation of intent to construct pond.









A. Location: The centerline of the dam is located in the SW1/4 NW1/4, Sec. 13, T. 5 S., R. 90 W., 6th P.M., at a point 3,120 feet from the S. sec. line and 460 feet from the W. sec. line of said Sec. 13, Garfield County, CO. See Figure 1.




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D. Appropriation:



(3) Date water applied to beneficial use: N/A









A. Location: The centerline of the dam is located in the SW1/4 NW1/4, Sec. 13, T. 5 S., Range 90 W., 6th P.M., at a point 2,675 feet from the S. sec. line and 80 feet from the W. sec. line of said Sec. 13, Garfield County, CO. See Figure 1.




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D. Appropriation:











A. Location: The centerline of the dam is located in the NW1/4 SW1/4, Sec. 13, T. 5 S., R. 90 W., 6th P.M., at a point 2,390 feet from the S. sec. line and 165 feet from the W. sec. line of said Sec. 13, Garfield County, CO. See Figure 1.

B. Source: Rock-N-Pines Ditch No. 2 Enlargement (03CW130), local spring flow, tributary runoff and irrigation tailwater tributary to Canyon Creek, tributary to the Colorado River.



D. Appropriation:


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A. Location: The centerline of the dam is located in the NW1/4 SW1/4, Sec. 13, T. 5 S., R. 90 W., 6th P.M., at a point 2,400 feet from the S. sec. line and 20 feet from the W. sec. line of said Sec. 13, Garfield County, Colorado. See Figure 1.




D. Appropriation:


(2) How appropriation was initiated: by formation of requisite intent to appropriate coupled with actions manifesting such an intent sufficient to put third parties on notice, including but not limited to: field investigation engineering studies, and the filing of this application.

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D. Appropriation:




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B. Source: Rock-N-Pines No. 2 Ditch Enlargement (03CW130), local spring flow, tributary runoff and irrigation tailwater tributary to Canyon Creek, tributary to the Colorado River.



D. Appropriation:






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THIRD CLAIM FOR RELIEF Changes of Water Rights for

Baxter No. 2 Ditch and Baxter No. 2 Ditch First Enlargement Baxter No. 5 Ditch and Baxter No. 5 Ditch First Enlargement

16. Decreed water rights for which changes are sought:

A. Baxter No. 2 Ditch and Baxter No. 2 Ditch First Enlargement:

(1) Case Nos.: C.A. 1168 (orig.); C.A. 4914 (first enlargement)

(2) Decreed Location as changed in W-238: located on the E. bank of Canyon Creek at a point whence the SW corner of Sec. 13, T. 5 S., R. 90 W. of the 6th P.M. bears S. 09°09’34” W. 8505.96 feet.

(3) Appropriation dates: 04/30/1883 (orig.); 06/01/1910 (first enlargement)

(4) Adjudication dates: 06/07/1906 (orig.); 11/10/1966 (first enlargement)

(5) Source: Canyon Creek

(6) Decreed use: irrigation

(7) Decreed amount: 1.6 c.f.s. original, however, 0.7 c.f.s. was abandoned in Case No. 06CW110, therefore only 0.9 c.f.s. remains from the original water right; 1.39 c.f.s. (first enlargement)

(8) Name and address of owner of land where structure is located: Applicant

(9) Historical use: irrigation. A map of historically irrigated acreage is attached as Figure 3.

B. Baxter No. 5 Ditch and Baxter No. 5 Ditch First Enlargement:

(1) Case Nos.: C.A. 1168 (orig.); C.A. 4914 (first enlargement)

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(2) Decreed Location as changed in W-240: a point located on the E. bank of Canyon Creek at a point whence the SW corner of Sec. 13, T. 5 S., R. 90 W. of the 6th P.M. bears S. 09°09’34” W. 8505.96 feet.

(3) Appropriation dates: 05/01/1903 (orig.); 06/01/1910 (first enlargement)

(4) Adjudication dates: 06/07/1906 (orig.); 11/10/1966 (first enlargement)



(7) Decreed amounts: 2.0 c.f.s. (orig.); 3.0 c.f.s. (first enlargement)


(9) Historical use: irrigation. A map of historically irrigated acreage is attached as Figure 3.

17. Description of Changes of Water Rights:

A. Alternate Points of Diversion for Baxter No. 2 Ditch and Baxter No. 2 Ditch First Enlargement and Baxter No. 5 Ditch and Baxter No. 5 Ditch First Enlargement: Up to 57 acres were historically irrigated on the east side of Inyanga Ranch with water diverted through the Baxter No. 2 and Baxter No. 5 Ditches as shown on Figure 3. This 57 acre area consisted of 22.8 acres that was irrigated from 1903 to 1970 and 34.2 acres of land that has been continuously irrigated from 1903 through 2012. Assuming an average consumptive use of 1.59 acre-feet per acre, this results in an average annual historic consumptive use (“HCU”) of 21.2 acre-feet for the 22.8 acres that was irrigated through 1970 (68 years ÷ 110 years X 22.8 acres X 1.59 AF/acre) and of 54.4 acre-feet per year for the 34.2 acres that has continuously been irrigated (34.2 acres x 1.59 acre-feet per acre), for a total of 75.6 acre-feet per year, as shown on Table 2. This equates to future use on an average of 48 acres (75.6 AF ÷ 1.59 AF/acre). Therefore, for purposes of creating a new irrigation system, Applicant seeks approval of use of the irrigation water rights described above in paragraphs 16.A and 16.B at the original point(s) of diversion, or one or any combination of the following alternate points of diversion on Canyon Creek, for purposes of irrigating the 48 acres shown on Figure 4.

(1) West Point of Diversion:

This headgate is located in the SW1/4 NW1/4, Sec. 12, T. 5 S., Range 90 West, 6th P.M., at a point 2,355 feet from the N. sec. line and 1,300 feet from the W. sec. line of said Sec. 12, Garfield County, CO. See Figure 2.

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(2) East Inyanga Headgate APOD:

This headgate is located in the NW1/4 SW1/4, Sec. 13, T. 5 S., R. 90 W., 6th P.M., at a point 1,700 feet from the S. sec. line and 230 feet from the W. sec. line of said Sec. 13, Garfield County, CO. See Figure 2.

FOURTH CLAIM FOR RELIEF Confirmation of Decreed Locations With As-built PLSS Locations

18. Confirmation of decreed locations with as-built PLSS locations of decreed water rights. To the extent that the actual/PLSS location of any of these structures differs from its decreed location, Applicant seeks to amend the decreed locations of each such structure to conform with its actual/PLSS location. The decreed locations and PLSS locations of these decreed water rights are depicted on Figure 5.

A. Rock-N-Pines No. 2 Ditch and Rock-N-Pines No. 2 Ditch Enlargement

(1) Case Nos.: C.A. 4914 (orig); 03CW130 (enlargement)

(2) Applicable Locations:

(a) Original decreed located in C.A. 4914: On easterly bank of an unnamed tributary of Canyon Creek, whence the SW corner of Sec. 13, T. 5 S., R., 90 W. of the 6th P.M., bears S. 6°42’ W. 2719 feet, Garfield County, CO.

(b) Located as decreed in Case No. 03CW130 (enlargement): The headgate is located on an unnamed tributary to Canyon Creek, trib. to the Colo. Riv., in the SW 1/4 NW 1/4 of Sec. 13, T. 5 S., R. 90 W., 6th P.M., at a point whence the SW corner of Sec. 13 bears S. 6°42’ W. 3,950 feet, Garfield County, CO.

(c) PLSS location: located on an unnamed tributary to Canyon Creek

in the SW 1/4 NW 1/4 of Sec. 13, T. 5 S., R. 90 W., 6th P.M.at a point approx. 3,825 feet from the S. sec. line and 600 feet from the W. sec. line of said Sec. 13.

(3) Appropriation dates: 06/01/1910 (orig.); 03/12/2003 (enlargement)

(4) Adjudication dates: 11/10/1966 (orig.); 12/31/2003 (enlargement)

(5) Source: unnamed trib. to Canyon Creek

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(6) Decreed uses: irrigation and piscatorial (orig.); replacement of evaporative depletions from Rock-N-Pines Pond Nos. 1-9, aesthetic, recreational, and storage in Rock-N-Pines Pond Nos. 1-9 for aesthetic, recreational, piscatorial and augmentation purposes.

(7) Decreed amounts: 2.0 c.f.s. (orig.); 2.0 c.f.s. (enlargement)


(9) Historical use: irrigation and pond filling for above-described purposes.

B. Baxter No. 2 Ditch and Baxter No. 2 Ditch First Enlargement (see paragraph 16.A. above):


(a) Decreed Location as changed by W-238: located on the E. bank of Canyon Creek at a point whence the SW corner of Sec. 13, T. 5 S., R. 90 W. of the 6th P.M. bears S. 09°09’34” W. 8505.96 feet.

(b) PLSS location: located on the E. bank of Canyon Creek in the NW 1/4 of Sec. 12, T. 5 S., R. 90 W. of the 6th P.M., at a point approximately 2,355 ft. from the N. sec. line and 1,320 ft from the W. sec. line of said Sec. 12.

C. Baxter No. 5 Ditch and Baxter No. 5 Ditch First Enlargement (see paragraph

16.B. above):


(a) Decreed Location as changed by W-240: located on the E. bank of Canyon Creek at a point whence the SW corner of Sec. 13, T. 5 S., R. 90 W. of the 6th P.M. bears S. 09°09’34” W. 8505.96 feet.

(b) PLSS location: located on the E. bank of Canyon Creek in the NW 1/4 of Sec. 12, T. 5 S., R. 90 W. of the 6th P.M., at a point approximately 2,355 ft. from the N. sec. line and 1,320 ft from the W. sec. line of said Sec. 12.

D. Baxter No. 1 Ditch and Baxter No. 1 Ditch First Enlargement:

(1) Case No.: C.A. 1168 (orig); C.A. 4914 (first enlargement)

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(a) Decreed Location as changed in W-237: located on the W. bank of Canyon Creek at a point whence the SW corner of Sec. 13, T. 5 S., R. 90 W. of the 6th P.M. bears S. 09°01’56” W. 8502.61 feet.

(b) PLSS location: located on the W. bank of Canyon Creek in the

SW 1/4 NW 1/4 of Sec. 12., T. 5 S., R. 90 W., 6th P.M. at a point 2,355 feet from the N. sec. line and 1,300 feet from the W. sec. line of said Sec. 12.

(3) Appropriation dates: 05/01/1886 (orig); 06/01/1910 (first enlargement)

(4) Adjudication dates: 06/07/1906 (orig); 11/10/1966 (first enlargement)



(7) Decreed amounts: 2.0 c.f.s. (orig.); 6.4 c.f.s. (first enlargement)

E. Baxter No. 3 Ditch

(1) Case No.: C.A. 1168

(2) Applicable locations:

(a) Decreed location as changed in W-244: located on the W. bank of Canyon Creek at a point whence the SW corner of Sec. 13, T. 5 S., R. 90 W. of the 6th P.M. bears S. 09°01’56” W. 8502.61 feet.

(b) PLSS location: located on the W. bank of Canyon Creek in the SW 1/4 NW 1/4 of Sec. 12., T. 5 S., R. 90 W., 6th P.M. at a point 2,355 feet from the N. sec. line and 1,300 feet from the W. sec. line of said Sec. 12.

(3) Appropriation date: 06/30/1886

(4) Adjudication date: 06/07/1906



(7) Decreed amount: 1.60 c.f.s.

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F. Baxter No. 4 Ditch

(1) Case No.: C.A. 1168

(2) Applicable locations:








G. Rock-N-Pines No. 1 Ditch

(1) Case No.: C.A. 4914







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FIFTH CLAIM FOR RELIEF Approval of Plan for Augmentation

19. Names of structures to be augmented:

A. Rock-N-Pines Pond Nos. 1-8 described above in Second Claim.

B. Rock-N-Pines Pond No. 9

(1) Prior decree information:

Case No. 03CW130 Adjudication date: 08/24/2006 Appropriation date: March 12, 2003

(2) Decreed location:

In the NW 1/4 SW 1/4 of Sec. 13, T. 5 S., R. 90 W., 6th P.M., Garfield County, CO, at a point 1900 feet from the S. line and 250 feet from the W. line of said Sec. 13.

(3) Decreed amount: 2.4 acre-feet

(4) Decreed uses: aesthetic, recreational, piscatorial, and augmentation

20. Water Rights to be Used for Augmentation:

Applicant has entered into a water supply contract with the River District for 16.8 acre-feet of replacement water from any one or a combination of the following sources:

A. Wolford Mountain Reservoir. The River District owns and operates Wolford Mountain Reservoir (f/k/a Gunsight Pass Reservoir) which has the following water rights.

(1) Case No. 87CW283: Decree Date: November 20, 1989 Legal description of place of storage: The dam is located in the SW1/4 of the NE1/4 of Section 25, T. 2 N., R. 81 W., 6th P.M. The intersection of the dam axis with the right abutment will occur at a point which bears S. 54°54'20" E. a distance of 3,716.46 feet from the NW Corner of said Section 25.

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Source: Muddy Creek and its tributaries Amount: 59,993 acre-feet conditional; of this amount, 32,986 acre-feet were made absolute for piscatorial and recreational uses by decree entered in Water Court Case No. 95CW251, and the full amount was made absolute for all purposes by decree entered in Water Court Case No. 02CW107. Appropriation Date: December 14, 1987

Use: All beneficial uses, including but not limited to domestic, municipal, agricultural and recreational uses, which uses satisfy the requirements of the Windy Gap Settlement made with the Municipal Subdistrict of the Northern Colorado Water Conservancy District; use to meet the water requirements of the inhabitants of the River District for all uses, including uses in the Middle Park area; and use to meet the terms of a lease agreement executed March 3, 1987 between the River District and the City and County of Denver.

(2) Case No. 95CW281:

Decree Date: August 26, 1997 Legal description of place of storage: The dam is located in the SW1/4 of the NE1/4 of Section 25, T. 2 N., R. 81 W., 6th P.M. The as-built intersection of the dam axis (Sta. D19+35.61) with the West Access Road (Sta. WR50+55.05), as shown on the CRWCD, Wolford Mountain Project, Ritschard Dam construction drawing "Dimensional Dam Layout" sheet 8 of 94, occurs at a point which bears S. 53°24'56" E. a distance of 3,395.51 feet from the NW Corner of said Section 25; the bearing of said dam axis from Sta. 19+35.61 to Sta. 0+00 being S. 75° 28' 29" E. Source: Muddy Creek and its tributaries Amount: 6,000 acre-feet conditional Appropriation Date: January 16, 1995 Use: All beneficial uses by and for the benefit of the inhabitants of the CRWCD, including but not limited to domestic, municipal, industrial, irrigation, agricultural, piscatorial and recreational; such uses will include environmental mitigation, including environmental mitigation requirements associated with the Wolford Mountain Project; such uses will be made directly or by substitution, augmentation, or exchange. None of the water stored in the exercise of the right will be delivered directly or by exchange, substitution, or otherwise for use outside of Colorado Water Division No. 5.

(3) Case No. 98CW237:

Decree Date: July 6, 2000. Legal Description of place of storage: Same as for 95CW281.

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Source: Muddy Creek and its tributaries Amount: 30,000 acre-feet conditional with 15,895 acre-feet being absolute for recreational and piscatorial and flood control. Appropriation Date: November 17, 1998 Use: Certain of the beneficial uses previously adjudicated for Wolford Mountain Reservoir in Case No. 87CW283, District Court for Colorado Water Division No. 5 (November 20, 1989 Judgment and Decree), and Case No. 95CW281, District Court for Colorado Water Division No. 5 (August 26, 1997 Judgment and Decree).

87CW283: The reservoir will be used to satisfy the requirements of the Windy Gap Settlement made with the Municipal Subdistrict of the Northern Colorado Water Conservancy District. This will involve all uses, including but not limited to domestic, municipal, agricultural, and recreational uses. The reservoir will also be used to meet the water requirements of the inhabitants of the River District for all uses, including uses in the Middle Park area. 95CW281: All beneficial uses by and for the benefit of the inhabitants of the CRWCD, including but not limited to domestic, municipal, industrial, irrigation, agricultural, piscatorial and recreational; such uses will include environmental mitigation, including environmental mitigation requirements associated with the Wolford Mountain Reservoir Project; such uses will be made directly or by substitution, augmentation, or exchange. Remarks: The Refill Right described herein will be exercised to provide supply for the Western Slope uses of water from Wolford Mountain Reservoir described above, including flood control, other operational purposes, and environmental mitigation and enhancement for the benefit of uses within the District. The Refill Right will not be used in conjunction with the Reservoir capacity (24,000 a.f.) which is allocated for the supply of water to the Denver Board of Water Commissioners under Applicant's contractual relationship with Denver, or the Reservoir capacity (6,000 AF) which is allocated for Colorado River endangered fish releases.

B. Ruedi Reservoir. The River District holds Contracts No. 009D6C0111,

009D6C0118, and 039F6C0011 from the United States Bureau of Reclamation for 1,730 acre-feet of annual supply from Ruedi Reservoir and may obtain additional contracts in the future. This water will be used in addition to and substitution for Wolford Mountain Reservoir water in appropriate circumstances where Ruedi water is physically equivalent to Wolford water.

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(1) Legal description of place of storage: Ruedi Reservoir is located in Sections 7, 8, 9, 11 and 14 through 18, T. 8 S., R. 84 W., 6th P.M., in Eagle and Pitkin Counties. The dam axis intersects the right abutment at a point whence the SW corner of Section 7, T. 8 S., R. 84 W. of the 6th P.M. bears N. 82°10'W. a distance of 1,285 feet.

(2) Source: Fryingpan River.

(3) Previous storage decrees:

(a) Civil Action No. 4613: Decree Date: June 20, 1958. Court: Garfield County District Court. Amount: 140,697.3 acre-feet, reduced to 102,369 acre-feet pursuant to order of the Water Court in Case No. W-789-76. The full amount was made absolute in Case No. 88CW85. Appropriation Date: July 29, 1957. Use: Domestic, municipal, irrigation, industrial, generation of electrical energy, stock watering and piscatorial.

(b) Case No. 81CW34:

Decree Date: April 8, 1985. Court: District Court, Water Div. No. 5. Amount: 101,280 acre-feet (refill); of this amount, 44,509 acre-feet were made absolute in Case No. 95CW95 and 25,257 acre-feet were made absolute in Case No. 01CW269, for a total of 69,766 acre-feet absolute. Appropriation Date: Jan. 22, 1981. Use: Irrigation, domestic, municipal, generation of electrical energy, stock watering, industrial, piscatorial, recreation and maintenance of sufficient storage reserves to fulfill contractual obligations and provide stored water for recreation in times of drought.

21. Statement of Plan for Augmentation.

A. Summary of Plan. Applicant proposes to augment depletions due to pond evaporation and dust control upon Inyanga Ranch against downstream calls from Colorado River water rights with water released from Wolford Mountain Reservoir or Ruedi Reservoir pursuant to a contract with the River District. Use of the River District contract water in the plan for augmentation described herein is conditioned on the existence of a valid contract between the Applicant (or its successor) and the River District.

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B. Depletions. The total potential surface area of the Rock-N-Pines Pond Nos. 1-9, inclusive, is 6.6 acres, including the surface area of associated ditches, channels and ponded spring areas. The annual evaporation rate from these ponds is calculated at 3.18 acre-feet per acre. The total annual evaporation from 6.6 acres is therefore 20.99 acre-feet. Dust control is estimated to require 8000 gallons per day every other day from mid-April through October for a total of 2.44 acre-feet per year. For purposes of this plan for augmentation, evaporation and dust control are both assumed to be 100% depletive. The projected maximum annual evaporation from the combined surface area of these ponds, plus the amount of water from these structures that may be consumptively used for dust control purposes, is 23.43 acre-feet per year. As set forth on the attached Table 1, a substantial amount of this consumptive use occurs during the summer irrigation season when there is potential for a downstream water rights call on the Colorado River, which is sometimes referred to as the Cameo call.

C. Operation. The proposed plan for augmentation will allow Applicant to replace evaporation from Pond Nos. 1-9, and depletions related to dust suppression, whenever there is a downstream call on the Colorado River, but no call on Canyon Creek. During such periods, water will be released from either Wolford Reservoir or Ruedi Reservoir pursuant to the 16.8 acre-foot water supply contract described above as needed to replace out-of-priority depletions to the Colorado River system below Canyon Creek. However, during any periods when Canyon Creek is under administration due to a local call, Applicant will: (1) continue to either make releases to Canyon Creek from Pond No. 9 to replace evaporation from the surface of Pond Nos. 1-8 pursuant to the plan for augmentation approved in Case No. 03CW130, or discontinue any additional storage in all nine ponds and (2) cease use of water for dust control, as required to avoid injury to vested water rights downstream on Canyon Creek.

SIXTH CLAIM FOR RELIEF Appropriative Right of Exchange

22. Inyanga Canyon Creek Exchange No. 1.

A. Downstream terminus: confluence of Canyon Creek and the Colorado River, located in the NW ¼, NW ¼, Sec. 36, T. 5 S., R. 90 W. of the 6th P.M., Garfield County, CO, at a point approx. 2000 ft. from the S. sec. line and1050ft. from the W. sec. line. See Figure 6.

B. Upstream terminus: Rock-N-Pines Ditch No. 2, described above. See Figure 6.

C. Max. Rate of Exchange: 0.07 c.f.s., conditional (maximum of 16.8 acre-feet annually).

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D. Appropriation:

(1) Appropriation date: December 31, 2012

(2) How appropriation was initiated: by field surveys, engineering studies, formation of the necessary intent, and performance of overt acts necessary to put interested parties on notice, including without limitation the filing of this application.

E. Uses: Augmentation.

F. Remarks: this exchange will operate in conjunction with the plan for augmentation described above in Applicant’s Fifth Claim.

CONCLUSIONS OF LAW

23. The foregoing Findings of Fact are fully incorporated herein by this reference.

24. The Application is complete, covering all applicable matters required pursuant to the Water Right Determination and Administration Act of 1969. C.R.S. §§ 37-92-101–602.

25. Timely and adequate notice of the Application was given in the manner required by law.

26. The Application is one contemplated by law and this Court has jurisdiction over the Application and over all entities or persons who had standing to appear, whether or not they appeared, and the Referee may enter this Ruling.

27. The requested changes of water rights and plan for augmentation including exchange, subject to the terms and conditions set forth in this decree, will not injuriously affect the owner of or persons entitled to use water under a vested water right or decreed conditional water right. See C.R.S. §§ 37-92-305(3) and 305(8). The following additional terms and conditions are imposed upon the changes of water rights and plan for augmentation approved herein so as to further protect other vested water rights from injury:

A. During any downstream call when the senior water rights for the Baxter No. 2 Ditch and the Baxter No. 5 Ditch remain in priority, Applicant’s use of the Baxter No. 2 Ditch and the Baxter No. 5 ditch water rights shall be limited to irrigation of no more than 48 acres in the areas shown on Figure 4.

B. Applicant may clean out or deepen Rock-N-Pines Pond Nos. 1-8, but shall not

enlarge the surface areas of these structures unless the plans for augmentation described in this decree and in the final decree in Case No. 03CW130 are first amended by the Water Court to account for any increase in potential evaporative losses.

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012CW191



28. Applicant has established that the conditional water rights claimed in this decree can and

will be diverted, stored, or otherwise captured, possessed and controlled and will be beneficially used and that the project can and will be completed with diligence and within a reasonable time. See C.R.S. § 37-92-305(9)(b).

RULING OF THE REFEREE

29. The foregoing Findings of Fact and Conclusions of Law as set forth above are incorporated herein by reference.

30. Applicant’s first claim is granted; therefore, a conditional surface water right is hereby confirmed for the Inyanga Hydropower Pipeline for the purpose of hydro-electric power generation in the amounts of 4.0 c.f.s. during the irrigation season each year, from April 1 through October 31, and 2.0 c.f.s. outside of the irrigation season each year, from November 1 to March 31, as more thoroughly described in paragraph 7.

31. Applicant’s second claim is granted; therefore, conditional water storage rights are hereby confirmed for the Rock-N-Pines Pond Nos. 1-8, in the amounts and for the purposes described above in paragraphs 8 through 15.

32. Applicant’s third claim for the change of water rights described above in paragraphs 16 – 17 is hereby granted, subject to the terms and conditions of this decree. (Applicant has withdrawn its claim to change its existing senior irrigation water rights to add a hydroelectric power generation as a decreed use).

33. Applicant’s fourth claim for the change of water rights described above in paragraph 18 is hereby granted, subject to the terms and conditions of this decree.

A. The decreed location for the Rock-N-Pines No. 2 Ditch and Rock-N-Pines No. 2 Ditch Enlargement is as follows: located on an unnamed tributary to Canyon Creek in the SW 1/4 NW 1/4 of Sec. 13, T. 5 S., R. 90 W., 6th P.M.at a point approx. 3,825 feet from the S. sec. line and 600 feet from the W. sec. line of said Sec. 13.

B. The decreed location for the Baxter No. 2 Ditch and Baxter No. 2 Ditch First Enlargement and the Baxter No. 5 Ditch and Baxter No. 5 Ditch First Enlargement is as follows: located on the E. bank of Canyon Creek in the NW 1/4 of Sec. 12, T. 5 S., R. 90 W. of the 6th P.M., at a point approximately 2,355 ft. from the N. sec. line and 1,320 ft from the W. sec. line of said Sec. 12.

C. The decreed location for the Baxter No. 1 Ditch and Baxter No. 1 Ditch First Enlargement, Baxter No. 3 Ditch, Baxter No. 4 Ditch, and the Rock-N-Pines No. 1 Ditch is as follows: located on the W. bank of Canyon Creek in the SW

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1/4 NW 1/4 of Sec. 12., T. 5 S., R. 90 W., 6th P.M. at a point 2,355 feet from the N. sec. line and 1,300 feet from the W. sec. line of said Sec. 12.

34. Applicant’s fifth claim is approved, and the plan for augmentation described above in paragraphs 19-21 is hereby approved, subject to the terms and conditions of this decree.

35. Applicant’s sixth claim is granted, and a conditional appropriative right of exchange is hereby granted for the Inyanga Canyon Creek Exchange No. 1, in the amounts and for the uses described above in paragraph 22.

36. The water rights, changes of water rights, and plan for augmentation including exchange are administrable by the officials of the State of Colorado. Pursuant to C.R.S. § 37-92-305(8), the State Engineer shall curtail any out-of-priority diversions, the depletions from which are not so replaced as to prevent injury to vested water rights.

37. The Court shall retain jurisdiction over the changes of water rights and plan for augmentation decreed herein pursuant to C.R.S. § 37-92-304(6) for reconsideration of injury to the vested rights of others for a period starting at the date of the decree and continuing until five years after the Applicant provides written notice to the Division Engineer, the Objectors (via U.S. mail to the last address for each Objectors on file with the Court in this proceeding) and the Court that the plan for augmentation has been operated, and the Division Engineer has received an as-built and a stage capacity curve for Rock-N-Pines Pond No. 9.

38. Applicant shall provide notice to the Division Engineer prior to commencing operation of the exchange for the first time.

39. Applicant shall develop adequate accounting to prevent injury to the vested water rights of others and assist in the proper administration of the plan for augmentation, including exchange granted in this ruling. Applicant shall maintain proper accounting, and shall provide the same to the Division 5 Engineer on at least an annual basis or as necessary for the proper administration of the plan for augmentation, including exchange granted in this ruling to prevent injury to other water rights.

40. Applicant shall be responsible for any reporting and accounting under the plan for augmentation approved in this ruling. Applicant shall notify the Division 5 Engineer’s Office of any subsequent changes in the responsible entity under this plan. A sample accounting form is attached as Exhibit A.

41. Parts of this decree are the result of negotiations and settlement discussions between the parties. Its terms are based on the specific facts and circumstances of this case. By stipulating to the entry of this decree, no party in this case intends that it become a precedent to resolve issues in any other case.

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42. The conditional water rights confirmed herein for the Inyanga Hydropower Pipeline,

Rock-N-Pines Pond Nos. 1-8, and the Inyanga Canyon Creek Exchange No. 1 were filed in the Water Court in 2012, shall be administered as having been filed in that year, and shall be junior to all priorities filed in previous years. As between water rights filed in the same calendar year, priority shall be determined by the dates of appropriation for the water rights, and shall not be affected by the dates of entry of the decrees.

43. Should the Applicant desire to maintain the conditional water rights described in this decree, an Application for Finding of Reasonable Diligence shall be filed in the same month six years from the date of the water judge’s order set forth below, unless a determination has been made prior to that date that such conditional rights have been made absolute by reason of the completion of the appropriation or are otherwise disposed.

44. All of the water rights granted in this decree are part of an integrated water supply system providing water to Inyanga Ranch for the purposes of future reasonable diligence findings. Diligence with respect to any one component of the system shall be appropriately considered in finding that reasonable diligence has been shown in the development of water rights for all features of Applicant’s integrated water supply system.

45. Pursuant to Rule 9 of the Uniform Local Rules for All State Water Court Divisions, upon the sale or other transfer of the conditional water right decreed herein, the transferee shall file with the Division 5 Water Court a notice of transfer that shall state:

A. The title and case number of this Case No. 12CW191; B. The description of the conditional water right transferred; C. The name of the transferor; D. The name and mailing address of the transferee; and E. A copy of the recorded deed.

The owner of said conditional water right shall also notify the Clerk of the Division 5 Water Court of any change in mailing address. The Clerk shall place any notice of transfer or change of address in the case file of this Case No. 12CW191 and in the case file (if any) in which the Court first made a finding of reasonable diligence.

It is accordingly ORDERED that this Judgment and Decree shall be filed with the Water Clerk and shall become effective upon such filing, subject to judicial review pursuant to C.R.S. § 37-92-304, as amended.

It is FURTHER ORDERED that a copy of this Judgment and Decree shall be filed with the State Engineer and the Division Engineer for Water Division No. 5.

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012CW191



Done this 20th day of August, 2015.

BY THE REFEREE

Water Referee Water Division No. 5 State of Colorado

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012CW191



JUDGMENT AND DECREE OF THE WATER COURT No protest was filed in this matter, and accordingly, the foregoing Ruling is confirmed and approved, and is made the Judgment and Decree of this Court.

BY THE COURT:

Water Judge Water Division No. 5 State of Colorado

6324592_24

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012CW191

!( Rock-N-Pines Pond No. 1

Rock-N-Pines Pond No. 3








Rock-N-Pines No. 2 Ditch and Enlargement Actual Location

Canyon Creek

Approximate Property Boundary

Figure 1: Lower Ranch Ponds Water Rights Location Map Case No. 12CW191Inyanga Ranch, LLC

®0 1,000 2,000500

Feet

Date: 04/08/2015File: 1381-2.0Drawn: RKMApproved: MJE

Source: Storm King Mountain and Adams Lake Quadrangles

1 in = 1,000 ft

RESOURCE909 Colorado Avenue / Glenwood Springs, CO 81601Voice: (970) 945-6777 - Web: www.resource-eng.com

E N G I N E E R I N G, I N C.

T5S R90W

Attachment to

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012CW191

!(!(

Location of Inyanga Hydropower Pipeline Return Flow within this Reach

of Canyon Creek above the Williams Canal.

Current Decreed Points of Diversion on the EastBaxter No. 2 Ditch, Baxter No. 2 Ditch First EnlargementBaxter No. 5 Ditch, Baxter No. 5 Ditch First Enlargement

Approximate Property Boundary

East Inyanga Headgate -APOD forBaxter No. 2 Ditch, Baxter No. 2 Ditch First EnlargementBaxter No. 5 Ditch, Baxter No. 5 Ditch First Enlargement

Canyon Cree k

Current Decreed Points of Diversion on the WestBaxter No. 1 Ditch, Baxter No. 1 Ditch First EnlargementBaxter No. 2 Ditch, Baxter No. 2 Ditch First Enlargement

Baxter No. 3 DitchBaxter No. 4 Ditch

Baxter No. 5 Ditch, Baxter No. 5 Ditch First EnlargementRock-N-Pines No. 1 Ditch

Inyanga Hyrdopower Pipeline

Figure 2: Water Rights Location MapCase No. 12CW191Inyanga Ranch, LLC

®0 1,500 3,000750

Feet


Source: Storm King Mountainand Adams Lake Quadrangles

1 in = 1,500 ft



T5S R90W

Attachment to

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012CW191

Figure 3: Historic Irrigation for the Baxter No. 2 Ditch and Baxter No. 5 Ditch, Case No. 12CW191

Inyanga Ranch, LLC®

0 800 1,600400Feet


Source: Storm King Mountainand Adams Lake Quadrangle

1 in = 800 ftRESOURCE

909 Colorado Avenue / Glenwood Springs, CO 81601Voice: (970) 945-6777 - Web: www.resource-eng.com


T5S R90W

34.2 acres Irrigated 1883-Present22.8 acres Irrigated 1903-197057.0 Total acres Irrigated

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012CW191

Proposed Location of 48 acres of Irrigation

Figure 4: Proposed Location of 48 acres of Irrigation from Alternate Point(s) of Diversion for the Baxter No. 2 Ditch

and Baxter No. 5 Ditch, Case No. 12CW191Inyanga Ranch, LLC

®0 800 1,600400Feet


Source: Storm King Mountainand Adams Lake Quadrangle

1 in = 800 ft



T5S R90W

Attachment to

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012CW191

##

##

!(

!(############ !(

Baxter No. 1 Ditch, Baxter No. 1 Ditch First EnlargementBaxter No. 3 DitchBaxter No. 4 Ditch

Rock-N-Pines No. 1 Ditch171 feet between actual and decreed locations

Legal: PLSS based on BLM Section Lines

Baxter No. 2 Ditch, Baxter No. 2 Ditch First EnlargementBaxter No. 5 Ditch, Baxter No. 5 Ditch First Enlargement170 feet between actual and decreed locations

Legal: PLSS based on BLM Section Lines

Rock-N-Pines No. 2 Ditch, Enlargement(Corrected Decreed Location 03CW130)

226 feet between actual and decreed locationsLegal: PLSS based on BLM Section Lines

Rock-N-Pines No. 2 Ditch(Original Decreed Location CA4914)

1178 feet between actual and decreed locationsLegal: PLSS based on BLM Section Lines

Baxter No. 1 Ditch, Baxter No. 1 Ditch First EnlargementBaxter No. 3 DitchBaxter No. 4 Ditch

Rock-N-Pines No. 1 Ditch171 feet between actual and decreed locations Legal: PLSS based on BLM Section Lines

Baxter No. 2 Ditch, Baxter No. 2 Ditch First EnlargementBaxter No. 5 Ditch, Baxter No. 5 Ditch First Enlargement

170 feet between actual and decreed locations Legal: PLSS based on BLM Section Lines

Rock-N-Pines No. 2 Ditch and Enlargement(Actual Point of Diversion)

Figure 5: Water Rights Location Map, 12CW191Actual and Decreed Locations Comparison

Inyanga Ranch, LLC

®0 900 1,800450

FeetDate: 04/08/2015File: 1381-2.0Drawn: RKMApproved: MJE

Background: Adams Lake and Storm King Mt. Quadrangles

1 in = 900 ft



T5S R90W

!( Actual Location## Decreed Location

Attachment to

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012CW191

!(

Canyon Creek

Upstream TerminusRock-N-Pines Ditch No. 2

Downstream TerminusConfluence of Canyon Creek and Colorado River

!(

Figure 6: Exchange Reach Location MapCase No. 12CW191Inyanga Ranch, LLC

®0 2,000 4,0001,000Feet


Source: Storm King MountainQuadrangle

1 in = 2,000 ft



T5S R90W

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012CW191

Evaporation Total Dust Total Colorado River Out-of-Priority Contract Storage

Rate Evaporation Control Depletions Call Depletions Releases

(feet) (acre-feet) (acre-feet) (acre-feet) (days) (acre-feet) (acre-feet)

(1) (2) (3) (4) (5) (6) (7)

Jan 0.00 0.00 0.00 0.00 0 0.00 0.00

Feb 0.03 0.17 0.00 0.17 0 0.00 0.00

Mar 0.19 1.27 0.00 1.27 0 0.00 0.00

Apr 0.32 2.08 0.18 2.26 7 0.53 0.58

May 0.42 2.77 0.38 3.15 7 0.71 0.78

Jun 0.51 3.35 0.37 3.72 14 1.73 1.91

Jul 0.53 3.47 0.38 3.85 31 3.85 4.23

Aug 0.47 3.12 0.38 3.50 31 3.50 3.85

Sep 0.35 2.31 0.37 2.68 30 2.68 2.95

Oct 0.25 1.62 0.38 2.00 31 2.00 2.20

Nov 0.13 0.83 0.00 0.83 7 0.19 0.21

Dec 0.00 0.00 0.00 0.00 0 0.00 0.00

Total 3.18 20.99 2.44 23.43 158 15.19 16.71

Notes:

(1) Evaporation based on 42 inches gross evaporation and ice cover from December through early February

(2) Column 1 multiplied by 6.6 acres of pond and channel surface area

(3) Estimated at 8,000 gallons of water every other day from mid April-October

(4) Column (2) plus Column (3)

(5) Cameo Call is expected to last 7 days in April, 7 days in May, 14 days in June and July 1st through November 7th

(6) Depletions from Column (4) when call is on in Column (5)

(7) Contract storage releases when Colorado River Call is on, Equals Column (6) plus 10% transit loss

Month

Table 1Augmentation Plan Depletions and Replacement, Case No. 12CW191

Inyanga Ranch, LLC

1381-2.0 5/1/2014

Prepared by RKM

Approved by MJE

Attachment to

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012CW191

Table 2Historic Consumptive Use, Case No. 12CW191

Inyanga Ranch, LLC

Irrigation Historic Historic Historic Total Average

Water Consumptive Consumptive Use Consumptive Use Historic Historic

Requirement Use Rate for 57.0 acres for 34.2 acres Consumptive Use Consumptive Use

1903-1970 1971-Present 1903-Present 1903-Present

(feet) (feet) (acre feet) (acre feet) (acre feet) (acre feet)

(1) (2) (3) (4) (5) (6)

Jan 0.00 0.00 0.0 0.0 0.0 0.0

Feb 0.00 0.00 0.0 0.0 0.0 0.0

Mar 0.00 0.00 0.0 0.0 0.0 0.0

Apr 0.07 0.01 56.8 21.1 77.9 0.7

May 0.19 0.15 589.2 218.3 807.5 7.3

Jun 0.37 0.34 1326.7 491.7 1818.4 16.5

Jul 0.50 0.47 1840.7 682.1 2522.8 22.9

Aug 0.41 0.37 1451.9 538.0 1989.9 18.1

Sep 0.19 0.17 660.9 244.9 905.8 8.2

Oct 0.06 0.04 137.9 51.1 189.0 1.7

Nov 0.00 0.00 0.0 0.0 0.0 0.0

Dec 0.00 0.00 0.0 0.0 0.0 0.0

Total 1.80 1.56 6064.1 2247.3 8311.4 75.6

Notes:

1) Irrigation Water Requirement calculated using StateCU

2) Historic Consumptive Use Rate calculated using StateCU

3) Historic Consumptive Use based on 57.0 acres of irrigation from 1903-1970, 68 years multiplied by 57.0 acres multiplied by Column (2)

4) Historic Consumptive Use based on 34.2 acres of irrigation from 1971-Present, 42 years multiplied by 34.2 acres multiplied by Column (2)

5) Column (3) plus Column (4)

6) Column (5) divided by entire irrigation period (110 years)

Month

1381-2.0

12CW191 6/4/2015

Prepared by RKM

Approved by MJE

Attachment to

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012CW191

Attachment to

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012CW191

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