DIVISION 5 WATER COURT- DECEMBER 2018 RESUME … · Fee: $158.00) KATHY POWERS, Water Clerk, Water...

DIVISION 5 WATER COURT- DECEMBER 2018 RESUME

SUBSTITUTE WATER SUPPLY PLAN NOTIFICATION LIST

Section 37-92-308(6), C.R.S. directs the State Engineer to establish a notification list for each water division for the purpose of notifying

interested parties of requests for the State Engineer’s approval of substitute water supply plans (“SWSP”) filed in that water division

pursuant to section 37-92-308, C.R.S. The SWSP notification list is also used to provide notice of proposed water right loans to the

Colorado Water Conservation Board for use as instream flows under section 37-83-105(2)(b)(II), C.R.S., notice of applications for the

State Engineer’s approval of interruptible water supply agreements under section 37-92-309(3)(a), C.R.S., and notice of applications for

fallowing-leasing pilot projects under section 37-60-115(8)(e)(II).

This notice is an invitation to be included on the SWSP notification list. To receive this information by e-mail, provide your name, e-

mail address, daytime telephone number, and the water divisions of interest. If you prefer to be noticed by first-class mail, specify that

preference and provide your mailing address. Submit the information to: Substitute Water Supply Plan Notification List (c/o Laura

Kalafus, Program Assistant), Colorado Division of Water Resources, 1313 Sherman Street, Room 818, Denver, Colorado 80203, Phone:

(303) 866-3581, or e-mail to: [email protected]. Additional information regarding Substitute Water Supply Plans is available

on the Division of Water Resources' website at http://water.state.co.us.

PRODUCED NONTRIBUTARY GROUND WATER NOTIFICATION LIST

Pursuant to Rule 17.5.B.2 of the Produced Nontributary Ground Water Rules, 2 CCR 402-17 (“Rules”), the State Engineer is publishing

this invitation to persons to be included on the Produced Nontributary Ground Water Notification List. According to Rule 17.5.B.2 of

the Rules, the State Engineer must establish a Produced Nontributary Ground Water Notification List for each water division within the

State of Colorado for the purposes of ensuring that water users within each water division receive adequate notice of proceedings held

pursuant to the Rules. In order to establish such notification list, the State Engineer is directed, in January of each year, to cause to have

published in the water court resume for each water division an invitation to be included on such notification list for the applicable water

division.

To receive this information by e-mail, provide your name, e-mail address, daytime telephone number, and the water divisions of interest.

If you prefer to be noticed by first-class mail, specify that preference and provide your mailing address. Submit the information to:

Produced Nontributary Ground Water Notification List (c/o Laura Kalafus, Program Assistant), Colorado Division of Water Resources,

1313 Sherman Street, Room 818, Denver, Colorado 80203, Phone: (303) 866-3581, or e-mail to: [email protected].

Any additional information regarding the Produced Nontributary Ground Water Rules can be found on the Division of Water Resources

website at: www.water.state.co.us.

1. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES

COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER

CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2018. The water right claimed by this application

may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear

to object and protest within the time provided by statute or be forever barred.

18CW19 (12CW90) EAGLE COUNTY-SOUTH DERBY CREEK TRIBUTARY TO THE COLORADO RIVER. Albertson

Cattle Co. c/o Jelanie Wahlert; Box 23; Burns, CO 80426 (970)653-4327 and Eight Bar Ranch Co. c/o Keith Scott; Box 33; Burns, CO

80426 (970)653-4395. Mackinaw Lake Reservoir #2 (No. 371)- Application for Finding of Reasonable Diligence. Location: at a point

whence the SE corner of Sec. 1, T.2S, R.87W. of the 6th P.M. bears S82˚52’E 20,037 ft. in an unsurveyed area at approx. 4,100 ft. from

the East sec. line and 2,400 ft. from the South sec. line of the projected sec. lines of Sec. 4, T.2S, R.87W. of the 6th P.M. and in the

NW¼ of the SW¼ of that section. Appropriation: Nov. 18, 1935. Amount: 59.001 acre-feet, conditional. Uses: irrigation, stock water,

etc. An outline of work performed during the diligence period is included in the application. Name of Landowner on which structure is

located: USFS-Eagle Holy Cross District; P.O. Box 720; Eagle, CO 81631.

YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of FEBRUARY 2019 to file with the Water Clerk a

verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted

in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s

attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing

Fee: $158.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.




mailto:[email protected]

http://water.state.co.us/


DECEMBER 2018 RESUME

WATER DIVISION 5 PAGE 2



18CW3198 Colorado Water Conservation Board (“CWCB”), 1313 Sherman Street, Suite 718, Denver, CO 80203. Telephone (303)

866-3441. Please direct communications regarding this case to Jennifer Mele, First Assistant Attorney General and Andrew Nicewicz,

Assistant Attorney General, Natural Resources & Environment Section, Office of the Colorado Attorney General, 1300 Broadway, 7th

Floor, Denver, CO 80203. Telephone: (720) 508-6282 (Mele); (720) 508-6259 (Nicewicz). Email: [email protected];

[email protected]. APPLICATION FOR WATER RIGHTS TO PRESERVE THE NATURAL ENVIRONMENT TO A

REASONABLE DEGREE IN EAGLE COUNTY, COLORADO. 2. Name of water right: Abrams Creek Instream Flow Water Right.

3. Legal Description: The Abrams Creek Instream Flow Water Right is located in the natural stream channel of Abrams Creek from its

headwaters to the Mrs. Paye Ditch headgate, a distance of approximately 3.95 miles. A map depicting the approximate location of the

Abrams Creek Instream Flow Water Right reach is attached as Exhibit 1. A. Upstream Terminus: Abrams Creek headwaters in the

vicinity of: 1. UTM: Northing: 4383025.55; Easting: 339836.18 (NAD 1983 Zone 13 North) 2. Lat/Long: latitude 39° 34' 55.18"N and

longitude 106° 51' 53.84"W B. Downstream Terminus: Mrs. Paye Ditch headgate at: 1. UTM: Northing: 4387351.32; Easting:

343811.41 (NAD 1983 Zone 13 North) 2. Lat/Long: latitude 39° 37' 18.07"N and longitude 106° 49' 10.95"W C. The Universal

Transverse Mercator (UTM) of the upstream and downstream termini will be used as the legal description for the decree in this matter.

The Lat/Long coordinates are provided as cross-reference locations only. The UTM and Lat/Long locations for the upstream and

downstream termini were derived from CWCB GIS using the National Hydrography Dataset (NHD). 4. Source: Abrams Creek,

tributary to Brush Creek, tributary to the Eagle River, tributary to the Colorado River. 5. A. Date of initiation of appropriation:

January 22, 2018. B. How appropriation was initiated: Appropriation and beneficial use occurred on January 22, 2018, by the action

of the CWCB pursuant to sections 37-92-102(3) and (4) and 37-92-103(3), (4), and (10), C.R.S. (2018). C. Date applied to beneficial

use: January 22, 2018. 6. Amount of water claimed: Instream flow of 0.75 cfs (05/01 - 09/30), absolute. 7. Proposed Uses: Instream

flow to preserve the natural environment to a reasonable degree. 8. The CWCB has an existing instream flow water right on Abrams

Creek from its headwaters to a diversion located in SE1/4 SW1/4 of section 9, T. 5 S., R. 85 W. 6 th PM, in the amount of 0.50 cfs (1/1

– 12/31), decreed in Case No. 80CW0118 with an appropriation date of 3/17/1980. The flow rates sought herein are in addition to the

amount of the existing instream flow water right. 9. Terms and Conditions to be included in the decree: A. The instream flow water

right sought herein benefits from and helps preserve improved Abrams Creek flows achieved through implementation of a project called

the Abrams Creek project. The Abrams Creek project is an irrigation delivery efficiency project by which portions of the J.P.O. Ditch

(which includes the consolidated J.P.O. No. 1 Ditch and J.P.O. No. 2 Ditch) are piped to reduce losses, and the owner of the J.P.O.

Ditch, Buckhorn Valley Metropolitan District (“Buckhorn”), agrees to reduce diversions and leave certain flows in Abrams Creek, as

further described in and subject to the conditions of an agreement between the District and Trout Unlimited (“TU”) dated June 28, 2016

(“TU Agreement”). The CWCB contributed significant funding to the Abrams Creek project. B. To help ensure the instream flow water

right sought herein benefits from the Abrams Creek project, and does not impair that project, the CWCB agrees to the following

conditions: i. The CWCB recognizes that the water rights decreed to the J.P.O. No. 2 Ditch in Civil Action 548 (1.0 cfs for irrigation

under a June 3, 1908 appropriation), Civil Action 841 (2.0 cfs for irrigation and domestic under an April 1, 1916 appropriation) and

Case No. 2016 CW3173 (up to 3.0 cfs to fill and refill Buckhorn Pond No. 1), are senior to the subject instream flow appropriation

sought herein. ii. Modifications to infrastructure may be needed in the future to accommodate operation of the Abrams Creek project,

including the fish screen on the diversion structure. CWCB hereby recognizes the benefits of the Abrams Creek project and agrees it

shall not use its Abrams Creek instream flow water right sought herein to prevent infrastructure modifications or operations which

Buckhorn and TU agree are necessary to effectuate the TU Agreement. iii. If, due to naturally occurring circumstances outside the

control of Buckhorn, changes to the natural channel of Abrams Creek occur or repairs to the J.P.O. No. 2 Ditch and headgate are needed

and it becomes physically necessary to move the J.P.O. No. 2 Ditch diversion point, whether upstream or downstream, the instream flow

water right sought herein shall not be relied upon in any way to prohibit or condition any such move of the diversion point or to require

a change of water right associated with any move of the diversion point, so long as: (1) the diversions at the relocated J.P.O. No. 2 Ditch

diversion point continue to be subject to the TU Agreement; (2) the relocation is consistent with said Agreement; and (3) Buckhorn will

not divert the water rights decreed to the J.P.O. No. 2 Ditch when there is 1.25 cfs or less in Abrams Creek at the relocated point of

diversion for the J.P.O. No. 2 Ditch headgate. 10. Names and addresses of owners or reputed owners of the land upon which any

new or existing diversion structure will be located: The notice required by section 37-92-302(2)(b), C.R.S. (2018), to the owners or

reputed owners of the land upon which any new or existing diversion or storage structure is or will be constructed is not applicable in

this case. This Application is for instream flow water rights, exclusive to the CWCB under the provisions of section 37-92-102(3),

C.R.S. (2018). As an instream flow water right, the CWCB’s appropriation does not require diversion structures or storage. See Colo.

River Water Conservation Dist. v. Colo. Water Conservation Bd., 594 P.2d 570, 574 (Colo. 1979); § 37-92-103(4)(c), C.R.S. (2018).

As a surface water right, the CWCB’s appropriation of instream flow water rights does not involve construction of a well. 11. Remarks:

This appropriation by the CWCB, on behalf of the people of the State of Colorado, is made pursuant to sections 37-92-102(3) & (4) and

37-92-103(3), (4), & (10), C.R.S. (2018). The purpose of the CWCB’s appropriation is to preserve the natural environment to a

reasonable degree. At its regular meeting on September 20, 2018, the CWCB determined, pursuant to section 37-92-102(3)(c), C.R.S.

(2018), that the natural environment of Abrams Creek will be preserved to a reasonable degree by the water available for the





appropriations to be made; that there is a natural environment that can be preserved to a reasonable degree with the CWCB’s water

rights herein, if granted; and that such environment can exist without material injury to water rights.











18CW3199 GARFIELD COUNTY; Application for Approval of Plan for Augmentation. Name of Applicant: William Powell,

please direct all correspondence to Applicant’s attorney: Mary Elizabeth Geiger, Garfield & Hecht, P.C., 901 Grand Ave., Suite 201,

Glenwood Springs, CO 81601, (970) 947-1936, [email protected]. Name of structure to be augmented: Rochford Spring

No. 1. Prior Decrees: Case No. W-1926, originally entered by this Court on November 30, 1973, District Court in and for Water Division

No. 5. Location: The spring is located in Tract 47, Section 5, Township 5 South, Range 84 West of the 6th P.M. at a point whence Angle

Point No. 4 of said Tract 47 bears South 10°38’10” West 971.16 feet. The location is alternatively described as located at a point in the

SE ¼ of the NW ¼ Section 5, Township 5 South, Range 84 West of the 6th P.M., 1,456 feet from the North Section Line and 1,744 feet

from the West Section Line (Based on BLM PLSS). UTM X = 342360.98, UTM Y = 4390417.77, NAD 83 Zone 13N. See Exhibit A

attached to the Application. Source: Eagle River. Appropriation Date: December 31, 1968. Amount: 0.022 c.f.s., absolute. Use:

Irrigation, piscatorial, fire, domestic, and stockwater. Name of structure to be augmented: Rochford Spring No. 2. Prior Decrees: Case

No. W-1926, originally entered by this Court on November 30, 1973, District Court in and for Water Division No. 5. Location: The

spring is located in Tract 47, Section 5, Township 5 South, Range 84 West of the 6 th P.M. at a point whence Angle Point No. 4 of said

Tract 47 bears South 22°04’00” West 1225.89 feet. The location is alternatively describes as located at a point in the NE ¼ of the NW

¼ Section 5, Township 5 South, Range 84 West of the 6th P.M., 1,294 feet from the North Section Line and 1,939 feet from the West

Section Line (Based on BLM PLSS). UTM X = 342421.45, UTM Y = 4390466.03, NAD 83 Zone 13N. See Exhibit A attached to the

Application. Source: Eagle River. Appropriation Date: December 31, 1968. Amount: 0.38 c.f.s., absolute. Use: Irrigation, piscatorial,

fire, domestic, and stockwater. Name of structure to be augmented: Rochford Spring No. 3. Prior Decrees: Case No. W-1926, originally

entered by this Court on November 30, 1973, District Court in and for Water Division No. 5. Location: The spring is located in Tract

47, Section 5, Township 5 South, Range 84 West of the 6th P.M. at a point whence Angle Point No. 4 of said Tract 47 bears South

24°23’20” West 1401.82 feet. The location is alternatively describes as located at a point in the NE ¼ of the NW ¼ Section 5, Township

5 South, Range 84 West of the 6th P.M., 1,161 feet from the North Section Line and 2,113 feet from the West Section Line (Based on

BLM PLSS). UTM X = 342475.23, UTM Y = 4390505.59, NAD 83 Zone 13N. See Exhibit A attached to the Application. Source:

Eagle River. Appropriation Date: December 31, 1968. Amount: 0.44 c.f.s., absolute. Use: Irrigation, piscatorial, fire, domestic, and

stockwater. Water Rights to be used for augmentation: Colorado River Water Conservation District Supplies. Applicant has obtained

Water Supply Contract No. CW17001 from the Colorado River Water Conservation District (the “River District”) for 2.5 acre-feet of

annual contract water to augment Applicant’s uses of water with regard to the Colorado River. Pursuant to the Contract, the River

District will provide releases of augmentation water from the sources of supply described below. References below to the “Water Court”

mean the District Court in and for Colorado’s Water Division Nos. 5 and 6 as said Divisions are defined in C.R.S. § 37-92-201(1)(e).

Wolford Mountain Reservoir. The River District owns and operates Wolford Mountain Reservoir (f/k/a Gunsight Pass Reservoir) which

has the following water rights. Case No. 87CW283: Decree Date: November 20, 1989. Name of Structure: Gunsight Pass Reservoir.

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. Source: Muddy Creek and its tributaries, all tributary to the Colorado River. 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. Case No. 95CW281: Decree Date: August 26, 1997. Name of Structure: Wolford Mountain Reservoir

Enlargement. 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

Colorado River Water Conservation District, 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, all

tributary to the Colorado River. 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 Colorado River Water Conservation District, 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. Case No. 98CW237: Decree Date: July 6, 2000. Name of Structure:

Wolford Mountain Reservoir. Legal Description of place of storage: Same as for 95CW281. Source: Muddy Creek and its tributaries,

all tributary to the Colorado River. 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

Colorado River Water Conservation District, 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. PLSS:

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 Colorado River Water Conservation District, Wolford

Mountain Project, Ritschard Dam construction drawing "Dimensional Dam Layout" sheet 8 of 94, occurs at a point 1,940 feet South of

North section line and 2,760 feet East of the West section line of said Section 25. Statement of plan for augmentation: Nature and

Purpose of Plan. Applicant owns a parcel of land in Eagle County, Colorado, located adjacent to the Eagle River as shown on Exhibit

A (the “Property”). The purpose of the plan for augmentation is to protect the irrigation water supply for the Property by augmenting

out-of-priority depletions from the Rochford Springs Nos. 1, 2 and 3. Out-of-priority depletions from the Rochford Springs Nos. 1, 2

and 3 will be augmented using augmentation storage water purchased from the Colorado River Water Conservation District as Contract

No. CW17001, a copy of which is attached to the Application. Estimated Water Demands and Depletions. Uses of water to be

augmented under this plan include irrigation use on approximately 1.5 acres of land. Applicant’s schedule of monthly diversions and

depletions associated with those uses is set forth on Table 1, attached hereto and incorporated herein by reference. The total water

demand for Applicant’s irrigation use is approximately 3.85 acre-feet per year, with an associated annual consumptive use estimated to

be 3.08 acre-feet. Applicant’s estimated irrigation demand for 1.5 acres is 3.85 acre-feet per year, diverted during the months of April

through October. Applicant’s engineers calculated the irrigation consumptive use rate using the Modified Blaney-Criddle methodology

(SCS technical Release 21) with the Pochop Borelli & Burnam temperature and growth stage coefficients and elevation adjustment

factor, resulting in an estimated consumptive use rate of 2.03 acre-feet per acre. At 2.03 acre-feet per acre, Applicant’s total annual

consumptive use for 1.5 acres of irrigation is calculated to be 3.08 acre-feet, according to the schedule set forth in Table 1. Augmentation

Requirements. Table 1 shows the anticipated schedule of monthly depletions and augmentation requirements for Applicant’s water

uses. Total annual depletions are expected to be 3.08 acre-feet, including 2.50 acre-feet of potential out-of-priority depletions that may

occur under a dry-year river call from downstream senior water rights on the Colorado River. In a dry year during the irrigation season,

a river call may occur from mid-June through October. Applicant will augment its out-of-priority depletions with releases of water from

the storage water sources identified in Paragraph 5 above, according to the schedule of augmentation requirements set forth in Table 1,

including ten percent (10%) for transit losses associated with the delivery of reservoir storage water, Applicant’s total contract water

purchase obligation under the plan for augmentation is 2.50 acre-feet per year. To satisfy its augmentation requirements, Applicant has

obtained Colorado River Water Conservation District Water Supply Contract No. CW17001 for 2.5 acre-feet per year of the River

District’s Colorado River Supplies. The contracted amount includes 10% of Applicant’s augmentation requirements to cover transit

losses associated with the delivery of water from the River District’s storage water sources. (8 pages).













18CW3200 DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO, 109 8th Street, Suite 104, Glenwood

Springs, CO 81601. CONCERNING THE APPLICATION FOR WATER RIGHTS OF THE CLINTON DITCH &

RESERVOIR COMPANY IN THE BLUE RIVER AND ITS TRIBUTARIES, IN SUMMIT COUNTY, COLORADO.

APPLICATION FOR CHANGE OF WATER STORAGE RIGHTS. 1. Name and address of Applicant: Clinton Ditch & Reservoir

Company, c/o Chairman, P.O. Box 68, Breckenridge, CO 80424. Direct all pleadings to: Glenn E. Porzak, Kristin H. Moseley, Porzak

Browning & Bushong LLP, 2120 13th Street, Boulder, CO 80302. 2. Name of Reservoir: Clinton Gulch Reservoir 1st Enlargement

and Refill Right. 3. Legal Description of the Reservoir: The dam is located in Summit County in the SW ¼, NW ¼, Section 25, T. 7

S., R. 79 W., 6th P.M. at a point 2,358.6 feet from the North line and 1,057.2 feet from the West line of said Section 25. A map of

Clinton Gulch Reservoir is attached as Exhibit 1. 4. Source: Clinton Creek, tributary to Ten Mile Creek, tributary to the Blue River.

5.Date of Appropriation: March 1, 1990 and May 20, 2005. 6. Amount: 4,460 acre feet absolute, together with the right to refill this

amount when water is available in priority. 7.Uses: Domestic, municipal, irrigation, industrial, snowmaking, recreation, fish and wildlife

propagation, and augmentation purposes, both on the eastern and western slopes of Colorado for use in Denver Water’s municipal water

system and for direct or indirect use in Summit and Grand Counties by the present and future shareholders of the Applicant. 8. Existing

Surface Area at Normal High Water Line: 91.4 acres, (a) Maximum Height of Dam: 170 feet, (b) Length of Dam: 1,550 feet.9. Total

Existing Capacity of the Reservoir: 4,460 acre-feet, (a) Active Capacity: 3,659 acre-feet, (b) Dead Storage: 801 acre-feet. 10. Owner

of Land Where Reservoir is Located: Applicant. 11.Remarks: (a) On October 14, 1979, the District Court in and for Water Division

No. 5 (“Water Court”) entered a decree in Case No. 79CW49 granting the absolute right to 4,250 acre-feet to be stored Clinton Gulch

Reservoir for industrial, domestic, irrigation, recreation, and fish and wildlife propagation purposes. On May 25, 1993, the Water Court

entered a decree in Case No. 92CW65 granting a Use Enlargement and Second Filling for Clinton Gulch Reservoir in the amount of

4,250 acre feet for domestic, municipal, irrigation, industrial, snowmaking, recreation, fish and wildlife propagation, and augmentation

purposes, both on the eastern and western slopes of Colorado. On September 17, 1998, the Water Court entered a decree in Case No.

98CW57 approving the Clinton Gulch Reservoir Use Enlargement and Second Filling for 4,250 acre-feet, absolute, for the uses decreed

in Case No. 92CW65. On November 4, 2013, the Water Court entered a decree in Case No. 06CW252 granting an absolute right to an

additional 210 acre feet stored in Clinton Gulch Reservoir, together with the right to refill this amount when water is available in priority,

for the uses claimed herein., (b) Clinton Gulch Reservoir is subject to and operated pursuant to the terms of the Clinton Reservoir –

Fraser River Water Agreement dated July 21, 1992, between Denver Water and the Applicant’s original shareholders and other parties

in Grand County, as supplemented and amended by the Colorado River Cooperative Agreement dated September 26, 2013. 12. Change

of Water Rights. Paragraph 6(a) of the Decree of the Water Court entered in Case No. 06CW252 provides as follows: “The additional

reservoir capacity claimed herein is subject to the Clinton Reservoir – Fraser River Water Agreement dated July 21, 1992 with the

Denver Water Board, as supplemented by the [Colorado River Cooperative] Agreement dated September 26, 2013, with the Denver

Water Board which requires that the Applicant must install and operate a pumping system sufficient to deliver up to 801 acre feet to

Clinton Creek, a tributary of Ten Mile Creek to be able to utilize the dead storage of Clinton Gulch Reservoir, and that the Applicant

may only utilize water from the dead storage pool when the pumping system is operating to deliver water from the dead storage pool to

Clinton Creek below the reservoir. This use of the dead storage pool of Clinton Gulch Reservoir is subject to this term and condition.”

The Colorado River Cooperative Agreement has been amended to eliminate this term and condition and such amendment provides for

a substitute Agreement Regarding Use of Clinton Reservoir Dead Storage dated September 30, 2018. That substitute Agreement

provides in part as follows: “4. If the pumping system is not yet operational at the time the Reservoir Company’s shareholders desire to

use water from the dead storage pool, the following terms will apply to the Reservoir Company’s use of the dead pool storage: a. The

Reservoir Company shareholders may use water stored in the dead pool attributable to their Class B dead pool shares prior to the

pumping system becoming fully operational until such time when the cumulative amount of storage in Clinton Gulch Reservoir that has

been credited to Denver by the Reservoir Company’s shareholders, including both Class A and Class B shares, totals 1,000 acre feet on

or before August 1st of any Clinton Reservoir accounting year. b. At such time that the volume of water credited to Denver in any one

accounting year totals 1,000 acre feet, the Reservoir Company will construct infrastructure necessary for deploying and removing a

submersible pump (“Removable Pump Infrastructure”), which includes, but is not limited to: the submersible pump sled (without pump)

and pump discharge pipeline. Construction of these components will be deemed complete when the submersible pump sled (without

pump), and submersible pipeline, connected to the outlet pipeline are in position at the bottom of the reservoir. The Reservoir Company

will be solely responsible for the design and construction of the Removable Pump Infrastructure. c. At time when the cumulative amount

of storage in Clinton Gulch Reservoir credited to Denver’s account, including both Class A shares and Class B shares, totals at least

2,400 acre feet on or before August 1st of any Clinton Gulch Reservoir accounting year, the Reservoir Company shall limit its use of



Clinton Gulch Reservoir during the ensuing accounting years. Such use shall be limited to the volume of water in Clinton Reservoir,

excluding the dead pool less the total volume of water credited to Denver’s account.5. Alternatively, the shareholders may increase their

use of Clinton Reservoir water in the ensuing accounting years, over and above the amount described in paragraph 4 above, through

utilization of unused portions of the dead pool if the Reservoir Company has installed a pump on the submersible pump sled, connected

the pump to the pump discharge pipeline, deployed the dead pool pumping system to the location in the reservoir from which it can

pump the full 801 acre feet of dead pool volume, and demonstrated the dead pool pumping system is capable of delivering the full dead

pool volume of water through the outlet pipeline to Ten Mile Creek over a period of not more than 70 days by the start of the accounting

year (August 1st). For determining the capability of the dead pool pump station to deliver 801acre feet in 70 days, the pumping system

should be tested for a period of not less than six hours at a capacity of not less than 5.8 cubic feet per second (“cfs”) before the system

is deemed to satisfy the conditions set forth in this paragraph. The Reservoir Company will be solely responsible for completing the

tasks identified above.” (A copy of the entire substitute Agreement Regarding Use of Clinton Reservoir Dead Storage is attached to the

application as Exhibit 2.) By the requested change of water rights, Applicant seeks to eliminate paragraph 6(a) of the Decree of the

Water Court in Case No. 06CW252 as a term and condition relating to the use of the dead storage pool of Clinton Gulch Reservoir and

substitute the Agreement Regarding Use of Clinton Reservoir Dead Pool Storage attached hereto as Exhibit 2, as such agreement might

be amended from time to time. WHEREFORE Applicant respectfully requests this Court to grant a decree which approves the change

of water rights for the Clinton Gulch Reservoir 1st Enlargement and Refill Right as described herein, and such other relief as the Court

deems appropriate and necessary. (4 pages + Exhibits).











18CW3201 (96CW063) (05CW185) (12CW99). Name, Address, and Phone Number of Applicant. The Piney Valley Ranches Trust

(“PVRT”), c/o Daniel J. Leary, Trustee, P.O. Box 9429, Avon, Colorado 81620, Phone: (970) 949-6776. Attorneys for Applicant:

Richard A. Johnson (#16047), David F. Bower (#39405), Michael S. Davidson (#42319), JOHNSON & REPUCCI LLP, 850 W. South

Boulder Road, Suite 100, Louisville, Colorado 80027, Phone: (303) 442-1900, Fax: (303) 442-0191, E-mail: [email protected];

[email protected]; [email protected]. Application for Finding of Reasonable Diligence, in EAGLE COUNTY, Colorado.

Description of Conditional Underground Water Rights. Original and Subsequent Decrees. Well CW-7, Well CW-3, and Well CW-6

were conditionally decreed on September 7, 1999 in Case No. 96CW063, Water Division 5. Subsequent decrees awarding findings of

diligence for the water rights were entered on May 1, 2006 in Case No. 05CW185, Water Division 5, and on December 16, 2012 in Case

No. 12CW99, Water Division 5. Name and Legal Description of Structures. Well CW-7: Located in the NE1/4 of the SE1/4 of Section

18, Township 3 South, Range 83 West of the 6th P.M. at a point 250 feet from the east section line and 1,600 feet from the south section

line of said Section 18. Well CW-3: Located in the NE1/4 of the NE1/4 of Section 7, Township 3 South, Range 83 West of the 6th

P.M. at a point 600 feet from the east section line and 600 feet from the north section line of said Section 7. Well CW-6: Located in

the SE1/4 of the SE1/4 of Section 18, Township 3 South, Range 83 West of the 6th P.M. at a point 400 feet from the east section line

and 1,150 feet from the south section line of said Section 18. A map showing the general location of the subject water rights is attached

as Exhibit A. Decreed Source. Sands of the Pierre Shale tributary to Alkali Creek, tributary to the Eagle River, tributary to the

Colorado River. Amounts. Well CW-7: 3 gpm, or approximately 4.8 acre-feet per year, conditional. Well CW-3: 1 gpm, or

approximately 1.6 acre-feet per year, conditional. Well CW-6: 20 gpm, or approximately 32 acre-feet per year, conditional.

Appropriation Date. April 17, 1995 for all three wells. Uses. The water supplied by the three wells will be used for domestic, irrigation,

fire protection and stockwatering purposes on up to 105 home sites within the Horse Mountain development and for filling Horse

Mountain Reservoir No. 1 and Alkali Reservoir HM-1. Irrigation on each home site is limited to no more than 2,000 square feet per lot.

Description of Conditional Water Storage Rights. Original and Subsequent Decrees. Horse Mountain Reservoir No. 1 and Alkali

Reservoir HM-1 were conditionally decreed on September 7, 1999 in Case No. 96CW063, Water Division 5. Subsequent decrees

awarding findings of diligence were entered on May 1, 2006 in Case No. 05CW185, Water Division 5, and on December 16, 2012 in Case

No. 12CW99, Water Division 5. Additionally, a change of the decreed sources for filling Horse Mountain Reservoir No. 1 was decreed

on April 27, 2012 in Case No. 10CW157, Water Division 5. Names and Legal Descriptions of Structures. Horse Mountain Reservoir

No. 1: Located in the SE1/4 of the NW1/4 of Section 8, Township 3 South, Range 83 West of the 6th P.M., the left abutment of which

will be 2,600 feet from the west section line and 1,350 feet from the north section line of said Section 8. Alkali Reservoir HM-1:

Located in the NW1/4 of the NW1/4 of Section 20, Township 3 South, Range 83 West of the 6th P.M., the left abutment of which will



be 1,200 feet from the west section line and 1,250 feet from the north section line of said Section 8. A map showing the general location

of the subject water rights is attached as Exhibit A. Decreed Sources. Horse Mountain Reservoir No. 1: Willow Creek, tributary to

Alkali Creek, tributary to the Eagle River, tributary to the Colorado River, and Springs SP7-1, SP8-1, SP8-2, and SP7-3, all of which

are tributary to the Eagle River, tributary to the Colorado River, as decreed Case No. 94CW224 (consolidated with Case No. 95CW182),

Water Division 5. Alkali Reservoir HM-1: An unnamed tributary to Alkali Creek, tributary to the Eagle River, tributary to the Colorado

River, and Springs SP17-1, SP17-2, SP17-3, and SP8-3, all of which are tributary to the Eagle River, tributary to the Colorado River, as

decreed Case No. 94CW224 (consolidated with Case No. 95CW182), Water Division 5. Amounts. Horse Mountain Reservoir No. 1:

18 acre-feet, conditional, with refill rights and a filling rate of 1.0 cfs. Alkali Reservoir HM-1: 18 acre-feet, conditional, with refill

rights and a filling rate of 1.0 cfs. Appropriation Date. February 5, 1996 for both reservoirs. Uses. The water stored in both structures

is decreed to be used for irrigation, domestic, augmentation, storage for augmentation and replacement of evaporation losses, recreation

and stock watering. Claim for Finding of Reasonable Diligence. PVRT seeks to continue as conditional the water rights originally

decreed in Case No. 96CW063 as described above. During the subject diligence period, the following activities were performed proving

PVRT’s intention to put the subject water rights to beneficial use and the actions taken by PVRT to do so: PVRT filed a civil action

against the Horse Mountain Ranch Metropolitan District seeking a declaration that three liens filed by the district against a portion of

PVRT’s property within Horse Mountain Ranch were invalid. The liens related to a dispute about whether PVRT was required to pay

a special transportation utilities fee assessed by the district for undeveloped parcels. PVRT and the district reached an agreement and

release dated August 12, 2015, which was made an order of the Eagle County District Court on August 28, 2015 in Case No. 10CV295.

After the conditions of the settlement were satisfied, the Court dismissed the action on December 7, 2015. These actions show PVRT’s

continued interest in developing and managing Horse Mountain Ranch and its related water rights. PVRT participated in multiple Water

Court cases over the last six years in order to protect the subject water rights from injury, including in Case Nos. 13CW3079, 13CW3086,

and 15CW14, Water Division 5. In Case No. 15CW14, the applicants claimed a plan for augmentation and junior water rights for a

storage pond and fire protection system for one of the lots located within the Horse Mountain Ranch development. The stipulation in

that case explicitly acknowledged that the conditional rights that are the subject of this application are senior to the rights decreed in

Case No. 15CW14. PVRT also successfully prosecuted a diligence case and obtained a decree in Case No. 17CW3213 for the spring

rights decreed in Case No. 94CW224 (consolidated with Case No. 95CW182), Water Division 5, which springs are decreed to be utilized

as filling sources for Horse Mountain Reservoir No. 1 and Alkali Reservoir HM-1. Well CW-7, Well CW-3, Well CW-6, Horse

Mountain Reservoir No. 1, and Alkali Reservoir HM-1 are all components of an integrated water supply system, along with the structures

decreed in Case No. 94CW224 (consolidated with Case No. 95CW182), Water Division 5, as recognized by the Water Court at paragraph

6.C of the decree entered in Case No. 05CW185. PVRT has also incurred legal fees associated with maintaining and developing the

subject conditional water rights, as well as monitoring other applications in Water Division 5 that could potentially injure its interests.

Name of Landowner upon which any New or Modified Diversion Structure is Located. Pursuant to the real property records of Eagle

County, the subject water rights are located on land owned by the following individuals or entities:

Structure Owner and Mailing Address

Well CW-7

Michael & Carol Leach

3713 Mill Creek Rd.

Hockessin, Delaware 19707-9725

Well CW-3

Rishi Singh Grewal

18250 Highway 133

Somerset, Colorado 81434-9736

Well CW-6

Jason Leach

P.O. Box 2754

Avon, Colorado 81620-2754

Horse Mountain Reservoir No. 1

BOXWR LLC

P.O. Box 9429

Avon, Colorado 81620-9401

Alkali Reservoir HM-1

Laure F. & Charles O. Gongaware

P.O. Box 197

Wolcott, Colorado 81655-0197

7 pages.













18CW3202 GRAND COUNTY, Application for Findings of Reasonable Diligence. Applicant: Susan Drumm; please direct all

correspondence to Applicants’ attorneys: Mary Elizabeth Geiger, Garfield & Hecht, P.C., 901 Grand Avenue, Suite 201, Glenwood

Springs, CO 81601, (970)947-1936. Applicant requests findings of reasonable diligence with regard to the following water rights:

Emerald Spring. Original Decree: Case No. 04CW47, District Court in and for Water Division No. 5, originally entered by this Court

on May 16, 2006. Subsequent findings of reasonable diligence: Case No. 12CW82. Location: The point of diversion is located on Lot

15 of the Pole Creek Preserve Subdivision in Grand County, Colorado, in the SE ¼ NW ¼ of Section 16, Township 1 South, Range 76

West of the 6th P.M. at a point whence the NW corner of said Section 16 bears North 50°27’2” West a distance of 2644.1 feet, also

described as being 1980 feet east of the west section line of said Section 16, and 1575 feet south of the north section line of said Section

16. See Exhibit A attached to the Application. Source: spring tributary to Skunk Creek, tributary to Pole Creek, tributary to Crooked

Creek, tributary to the Fraser River, tributary to the Colorado River. Appropriation date: March 31, 2004. Amount: 1.0 c.f.s., conditional

for all uses except irrigation and 0.25 c.f.s., conditional, for irrigation purposes. Decreed Uses: to fill the Emerald Pond No. 1, described

below, for fire protection, wildlife, irrigation, aesthetic, piscatorial and recreational uses. Irrigation of 10 acres, by direct use, on

Applicant’s property described as Lot 15 of the Pole Creek Preserve subdivision as described above. A map of the area to be irrigated

is attached to the Application as Exhibit A. Name and address of owner of land upon which well is located: Applicant. Remarks:

Emerald Spring is a near surface structure as defined by C.R.S. §§ 37-90-103(21)(b) and 37-92-103(14)(b). Applicant requests findings

of reasonable diligence with regard to the following water rights. Emerald Ditch. Original Decree: Case No. 04CW47, District Court

in and for Water Division No. 5, originally entered by this Court on May 16, 2006. Subsequent findings of reasonable diligence: Case

No. 12CW82. Location: The point of diversion is located on Skunk Creek located on Lot 15 of the Pole Creek Preserve Subdivision in

Grand County, Colorado, SE ¼ NW ¼ of Section 16, Township 1 South, Range 76 West of the 6th P.M. at a point whence the NW

corner of said Section 16 bears North 34°24’33” West a distance of 2132.8 feet, also described as being 1140 feet east of the west section

line of said Section 16, and 1701 feet south of the north section line of said Section 16. See Exhibit A attached to the Application.

Source: unnamed tributary of Skunk Creek, tributary to Pole Creek, tributary to Crooked Creek, tributary to the Fraser River, tributary

to the Colorado River. Appropriation date: March 31, 2004. Amount: 1.0 c.f.s., conditional for all uses except irrigation and 0.25 c.f.s.,

conditional, for irrigation purposes. Decreed Uses: to fill the Emerald Pond No. 1, described below, for fire protection, wildlife,

irrigation, aesthetic, piscatorial and recreational uses. Irrigation of 10 acres, by direct use, on Applicant’s property described as Lot 15

of the Pole Creek Preserve subdivision as described above. A map of the area to be irrigated is attached to the Application as Exhibit A.

Name and address of owner of land upon which well is located: Applicant. Applicant requests findings of reasonable diligence with

regard to the following water rights. Emerald Pond No. 1. Original Decree: Case No. 04CW47, District Court in and for Water

Division No. 5, originally entered by this Court on May 16, 2006. Subsequent findings of reasonable diligence: Case No. 12CW82.

Location: The pond will be located on Lot 15 of the Pole Creek Preserve Subdivision in Grand County, Colorado, SE ¼ NW ¼ of

Section 16, Township 1 South, Range 76 West of the 6th P.M. at a point whence the NW corner of said Section 16 bears North 55°25’14”

West a distance of 2536.2 feet, also described as being 2040 feet east of the west section line of said Section 16, and 1327 feet south of

the north section line of said Section 16. See Exhibit A attached to the Application. Source: the pond will be filled with the Emerald

Spring and the Emerald Ditch as described above. The pond may be built over the Emerald Spring. Appropriation date: March 31, 2004.

Amount: 15 acre-feet, conditional. Decreed Uses: recreation, piscatorial, wildlife, irrigation, fire protection and aesthetic. Irrigation of

10 acres, by direct use, on Applicant’s property described as Lot 15 of the Pole Creek Preserve subdivision as described above. A map

of the area to be irrigated is attached to the Application as Exhibit A. Pond/Dam Information: Surface area at high water line: 2 acres.

Maximum height of dam: 10 feet. Length of dam: 400 feet. Total capacity of pond: 15 acre-feet. Active Capacity: 15 acre-feet. Dead

Storage: 0 acre-feet. Name and address of owner of land upon which well is located: Applicant. Remarks: The pond will be constructed

on or near the Emerald Spring. When the Emerald Spring is out of priority, the Applicant shall allow all inflow to the pond to be bypassed

by or released from the pond into the Skunk Creek drainage. The Application includes a detailed description of the work performed

during the diligence period. (5 pages).













18CW3203 GARFIELD COUNTY. PARACHUTE CREEK AND COLORADO RIVER. Application to Make Cond. Water Right

Absolute and in the Alternative for Finding of Reasonable Diligence. Applicant: Sidney R. Lindauer, c/o Balcomb & Green, P.C., P.O.

Drawer 790, Glenwood Springs, CO 81602; 970-945-6546. Summary: Confirmation that the Applicant’s cond. water right in the Van

Horn Ditch be made absolute or, alternatively, a finding of reasonable diligence. Structure: Van Horn Ditch (transferred to Diamond

Ditch). Orig. Decree: Case W-99 (6/18/1971. Subsequent Diligence and Changes: Cases 96CW80 and 97CW121 (consolidated);

05CW105 (diligence); 05CW184 (change in Pt. of diversion) and 12CW74 (diligence). All District Court, Water Division 5. Pt. of

Diversion: Diamond Ditch, located in the NW ¼, NW ¼, Sec. 12, T. 7 S., R. 96 W. at a distance of 1,177 ft. from the W. Sec. line and

1,131 ft. from the N. Sec. line of said Sec. 12. GPS Coordinates: Projection is UTM Zone 12, Datum: NAD 83, Easting: 752554,

Northing 4371578 as decreed in Case No. 05CW184. Depicted on Exhibit A. Source: Parachute Creek and Colorado River. Date of

approp.: 3/1/1935. Amount: 0.5 c.f.s. Use: Irrigation. Place of Use: NW ¼, NW ¼, Sec. 12, T. 7 S., R. 96 W. as depicted on Exhibit A.

Claim to Make Absolute. Date of Use: May 2015. Applicant’s property was irrigated before that date, but Applicant’s expanded irr.

system was completed 5/4/2105. Amount: 0.5 c.f.s. The forebay for Applicant’s system pumps up to 300 g.p.m. into the system. Location

of Use: 16.5 acres within the approx. 20 acres identified for use in prior cases. Alternative Claim for Diligence. A complete list of

diligence activities and expenditures is stated in the App. Applicant owns the land upon which water is used. 6 pgs.











18CW3204 (14CW3168). DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO, Garfield County

Courthouse, 109 8th Street, Ste. 104, Glenwood Springs, CO 81601. CONCERNING THE APPLICATION FOR WATER

RIGHTS OF ELK WALLOW RANCH, LLC, IN PITKIN COUNTY, COLORADO. APPLICATION TO MAKE

CONDITIONAL WATER RIGHTS ABSOLUTE OR, IN THE ALTERNATIVE, FOR A FINDING OF REASONABLE DILIGENCE.

1. Name and Address of Applicants: Elk Wallow Ranch, LLC (“Elk Wallow”), P.O. Box 7877, Aspen, Colorado 81612. Direct all

pleadings to: Kristin H. Moseley, Gunnar J. Paulsen, Porzak Browning & Bushong LLP, 2120 13 th Street, Boulder, CO 80302. 2.

Names of Structures: A. Marolt Reservoir, B. Marolt Reservoir, First Enlargement, C. Marolt Pond, D. Marolt Pond, First Enlargement.

3. Description of Conditional Water Rights: Elk Wallow has the conditional right to augment by exchange as decreed by the District

Court in and for Water Division No. 5 (“Water Court”) in Case No. 14CW3168 the out-of-priority evaporative depletions from Marolt

Reservoir, Marolt Reservoir First Enlargement, Marolt Pond, Marolt Pond First Enlargement via a cumulative maximum exchange rate

of 0.22 c.f.s. up to 30 acre-feet annually. The structures associated with these conditional augmentation and exchange rights are described

as follows: A. Marolt Reservoir: i. Location: The dam axis is located at a point on the crest of the dam whence the North Quarter Corner

of Section 9, T.10 S., R. 85 W. of the 6th P.M. bears N. 3 degrees E. 1480 feet; thence S. 39 degrees E. 150 feet along the crest of the

dam, which is alternately described as the NE 1/4 NW 1/4 of Section 9, Township 10 South, Range 85 West of the 6th P.M. at a point

1,480 feet from the North section line and 2,610 feet from the West section line. See Exhibit A. ii. Source: Unnamed tributary of Owl

Creek, tributary to the Roaring Fork River, a tributary of the Colorado River, and Hines Owl Creek Ditch, decreed in Case No.

86CW277., iii. Amount: 14.0 acre-feet., iv. Appropriation Date: December 31, 1925 for irrigation, livestock, piscatorial and fish

propagation use; July 8, 1986 for domestic use., v. Original and Subsequent Decrees: In Case No. 86CW278 on June 3, 1987, the

Water Court in and for Water Division No. 5 ("Water Court") awarded conditional water rights for Marolt Reservoir and Marolt Pond.

Subsequent findings of diligence for these rights occurred in Case Nos. 12CW153, 06CW09, 99CW187, and 93CW102. In Case No.

14CW3168 the Water Court awarded conditional water rights for the plan for augmentation and appropriative rights of exchange for the

above referenced structure., vi. Uses: Irrigation, livestock, fish propagation, piscatorial, domestic. B. Marolt Reservoir, First

Enlargement: i. Location: The dam axis is located at a point on the crest of the dam whence the North Quarter Corner of Section 9, T.10

S., R. 85 W. of the 6th P.M. bears N. 3 degrees E. 1480 feet; thence S. 39 degrees E. 150 feet along the crest of the dam, which is

alternately described as the NE 1/4 NW 1/4 of Section 9, Township 10 South, Range 85 West of the 6 th P.M. at a point 1,480 feet from

the North section line and 2,610 feet from the West section line. See Exhibit A. ii. Source: Unnamed tributary of Owl Creek, tributary

to the Roaring Fork River, a tributary of the Colorado River, and Hines Owl Creek Ditch, decreed in Case No. 86CW277., iii. Amount:

10.0 acre-feet., iv. Appropriation Date: May 28, 1992., v. Original and Subsequent Decrees: In Case No. 93CW79 on October 17, 1995,

the Water Court awarded conditional water rights for Marolt Reservoir First Enlargement and Marolt Pond First Enlargement.



Subsequent findings of diligence for these rights occurred in Case Nos. 12CW153, 09CW08 and 01CW261. In Case No. 14CW3168

the Water Court awarded conditional water rights for the plan for augmentation and appropriative rights of exchange for the above

referenced structure., v. Uses: Irrigation, livestock, fish propagation, piscatorial, domestic, augmentation, and exchange. C. Marolt

Pond: i. Location: The dam axis is located at a point on the crest of the dam whence the North Quarter Corner of Section 9, T. 10 S., R.

85 W. of the 6th P.M. bears N. 11 degrees 30’ E. 3070 feet; thence S. 46 degrees W. 100 feet along the crest of the dam, which is

alternately described as the NE 1/4 SW 1/4 of Section 9, Township 10 South, Range 85 West of the 6 th P.M. at a point 2,450 feet from

the South section line and 2,105 feet from the West section line. See Exhibit A., ii. Source: Unnamed tributary of Owl Creek, tributary

to the Roaring Fork River, a tributary of the Colorado River, and Hines Owl Creek Ditch, decreed in Case No. 86CW277, iii. Amount:

4.0 acre-feet., iv. Appropriation Date: December 31, 1963 for livestock, fish propagation and piscatorial use; July 8, 1986 for domestic

use., v. Original and Subsequent Decrees: In Case No. 86CW278 on June 3, 1987, the Water Court in and for Water Division No. 5

("Water Court") awarded conditional water rights for Marolt Reservoir and Marolt Pond. Subsequent findings of diligence for these

rights occurred in Case Nos. 12CW153, 06CW09, 99CW187, and 93CW102. In Case No. 14CW3168 the Water Court awarded

conditional water rights for the plan for augmentation and appropriative rights of exchange for the above referenced structure., vi. Uses:

Irrigation, livestock, fish propagation, piscatorial, domestic. D. Marolt Pond, First Enlargement: i. Location: The dam axis is located at

a point on the crest of the dam whence the North Quarter Corner of Section 9, T. 10 S., R. 85 W. of the 6th P.M. bears N. 11 degrees 30’

E. 3070 feet; thence S. 46 degrees W. 100 feet along the crest of the dam, which is alternately described as the NE 1/4 SW 1/4 of Section

9, Township 10 South, Range 85 West of the 6th P.M. at a point 2,450 feet from the South section line and 2,105 feet from the West

section line. See Exhibit A. ii. Source: Unnamed tributary of Owl Creek, tributary to the Roaring Fork River, a tributary of the Colorado

River, and Hines Owl Creek Ditch, decreed in Case No. 86CW277, iii. Amount: 8.0 acre-feet., iv. Appropriation Date: May 28, 1992.,

v.Original and Subsequent Decrees: In Case No. 93CW79 on October 17, 1995, the Water Court awarded conditional water rights for

Marolt Reservoir First Enlargement and Marolt Pond First Enlargement. Subsequent findings of diligence for these rights occurred in

Case Nos. 12CW153, 09CW08 and 01CW261. In Case No. 14CW3168 the Water Court awarded conditional water rights for the plan

for augmentation and appropriative rights of exchange for the above referenced structure., vi. Uses: Irrigation, livestock, fish

propagation, piscatorial, domestic, augmentation, and exchange. 4. Water Right Used as a Source of Augmentation and Exchange

Water: Elk Wallow has a contract right (Contract No. 139D6C0104) for the delivery of up to 30 acre-feet of Ruedi Reservoir water from

the U.S. Bureau of Reclamation, which was utilized in making these conditional exchange rights absolute in Water Year 2017 and Water

Year 2018. A. Ruedi Reservoir: i. Location: Ruedi Reservoir is located in Sections 7, 8, 9, 11, and 14 through 18, Township 8 South,

Range 84 West, of the 6th P.M., in Eagle and Pitkin Counties., ii. Source: Fryingpan River, tributary to the Roaring Fork River, tributary

to the Colorado River., iii. Amount: 102,369 acre-feet., iv. Appropriation Date: July 29, 1957., v. Original and Subsequent Decrees:

Ruedi Reservoir was originally decreed in C.A. No. 4613, District Court, Garfield County, on June 20, 1958, with an appropriation date

of July 29, 1957. In Case No. W-789-76, District Court, Water Division No. 5., v. Uses: Domestic, municipal, irrigation, industrial,

generation of electrical energy, stock watering, and piscatorial uses. 5. Description of the Plan for Augmentation and Appropriative

Rights of Exchange: By this application, Elk Wallow seeks a finding that the conditional exchange for out-of-priority evaporative

depletions from Marolt Reservoir, Marolt Reservoir First Enlargement, Marolt Pond, and Marolt Pond First Enlargement described in

Paragraph 3 above has been made absolute. A. Augmentation Plan: To compensate for the decreed out-of-priority evaporative

depletions, Elk Wallow released water otherwise committed to the Roaring Fork and Colorado Rivers from the Ruedi Reservoir contract

water described in Paragraph 4 above. The replacement water was provided upstream of the location of the calling water right. The

precise timing and amount of releases from Ruedi Reservoir is subject to administration by the Division Engineer and/or the Water

Commissioner., B. Depletion Assumption: It is assumed that all evaporative depletions from Marolt Reservoir, Marolt Reservoir First

Enlargement, Marolt Pond and Marolt Pond First Enlargement are 100% consumptive. As denoted on the tables attached hereto as

Exhibit B and C, total annual losses, assuming no ice cover days, from Marolt Reservoir and Marolt Reservoir First Enlargement have

been estimated to be 13.98 acre-feet (4.30 surface acres) and total annual evaporative losses, assuming no ice cover days, from Marolt

Pond and Marolt Pond First Enlargement have been estimated to be 11.7 acre-feet (3.60 surface acres). Actual evaporative depletions

will be pro-rated based on the existence of ice cover. As an example, the total out-of-priority dry-year evaporative losses with ice cover

are anticipated to total 15.79 acre-feet over the total 7.90 surface acres as shown on Table 1. C. Exchange Plan Reach and Rate: Elk

Wallow seeks a finding that its decreed plan to augment by exchange out-of-priority evaporative depletions from Marolt Reservoir and

Marolt Pond pursuant to its contractual right to the delivery of Ruedi Reservoir water described in Paragraph 4 above has been made

absolute. A map denoting the exchange reach is attached hereto as Exhibit D., i. Downstream Terminus: The downstream terminus of

both exchanges is the confluence of the Fryingpan and Roaring Fork Rivers located in the SW 1/4 SE 1/4 of Section 7, Township 8

South, Range 86 West, in the 6th P.M. at a point 1440 feet from the east Section Line, and 750 feet from the south Section Line of said

Section 7., ii. Upstream Termini: The upstream termini vary depending on the source of supply., a. When the source of supply to the

reservoirs is runoff and surface springs, the upstream terminus of a portion of the exchange is the location of the inlet to the Marolt

Reservoir/Marolt Reservoir First Enlargement and the inlet to the Marolt Pond/Marolt Pond First Enlargement. The inlet to the Marolt

Reservoir/Marolt Reservoir First Enlargement is located at the NE1/4 NW1/4 of Section 9, Township 10 South, Range 85 West, of the

6th P.M. at a point 1,324 feet from the North section line and 1,856 feet from the West section line. The inlet to Marolt Pond/Marolt

Pond First Enlargement is located at the NE 1/4 SW 1/4 of Section 9, Township 10 South, Range 85 West, of the 6 th P.M. at a point



2,034 feet from the South section line and 2,564 feet from the West section line., b. When the source of supply to the reservoirs is the

Hines Owl Creek Ditch/Hines Owl Creek Ditch First Enlargement, the upstream terminus of the portion of the exchange is the ditch

headgate located in the SE1/4 SW1/4 of Section 9, Township 10 South, Range 85 West of the 6th P.M. at a point 1,178 feet from the

South section line and 2,654 feet from the West section line. D. Rate of Exchange: The cumulative maximum rate of exchange is 0.22

c.f.s. up to 30 acre feet per year. E. Administration: In the event of a call that cannot be augmented by the above described plan for

augmentation, Sunny Ranch shall allow the water level of Marolt Reservoir/Marolt Reservoir First Enlargement and Marolt Pond/Marolt

Pond First Enlargement to fall commensurate with evaporation. The exchange or any portion thereof described herein shall only operate

in priority and only at such times as there is a live flow of water in the exchange reaches on the Roaring Fork River and Owl Creek. F.

Priority Date: December 30, 2014. 6. Claims to Make Water Rights Absolute and for Findings of Reasonable Diligence: By this

Application, Applicant seeks to make the full 0.22 c.f.s. rate of its conditional exchange decreed in Case No. 14CW3168 absolute for

all decreed purposes. Pursuant to Paragraph 6(D) in the Final Decree of the Water Court in Case No. 14CW3168, Elk Wallow notified

the Division of Water Resources of its intent to operate the exchange. The exchange operated in Water Year 2017 and Water Year 2018

and Elk Wallow submitted accounting records to the Division of Water Resources reflecting the operation of the exchange for these

years. The exchange operated from August 31 – September 27, 2017 and July 16 – October 9, 2018. Therefore, Elk Wallow seeks a

finding that the above described plan for augmentation and appropriative rights of exchange has been made absolute for all decreed

purposes, including but not limited to irrigation, livestock, fish propagation, piscatorial, domestic, augmentation, and exchange. In

addition to the foregoing claims to make absolute based on the release of water from Ruedi Reservoir and associated filling of Marolt

Reservoir/Marolt Reservoir First Enlargement and Marolt Pond/Marolt Pond First Enlargement, Elk Wallow alternatively seeks a

finding of reasonable diligence regarding any portion of augmentation and exchange rights conditionally decreed in Case No. 14CW3168

not made absolute based on the operation of the exchange. 7. Measurement Devices: To ensure the lawful operation of the augmentation

and exchange plan, Elk Wallow installed and will maintain water measuring devices and accounting procedures as may be required to

verify that the amount of augmentation and exchange water equals or exceeds the amount of out-of-priority depletions resulting from

the use of water under the decreed plan for augmentation and exchange. 8. Names and addresses of owners of land upon which structures

are or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Applicant.

WHEREFORE, Applicant respectfully requests that this Court enter a decree which finds that (a) the full amount of the Marolt

Reservoir/Marolt Reservoir First Enlargement and Marolt Pond/Marolt Pond First Enlargement augmentation plan and appropriative

rights of exchange has been made absolute for all decreed purposes including but not limited to irrigation, livestock, fish propagation,

piscatorial, domestic, augmentation, and exchange; and/or (b) in the alternative, a finding that Elk Wallow has exercised reasonable

diligence with respect to any portion of the subject water rights not made absolute; and (c) provides such other relief as may be

appropriate and consistent with this pleading. (9 pages + Exhibits)











18CW3205 EAGLE COUNTY. WEST LAKE CREEK TRIB. TO LAKE CREEK, TRIB. TO THE EAGLE RIVER, TRIB. TO

THE COLORADO RIVER. Application for Finding of Reasonable Diligence and to Confirm Cond. Water Right Absolute. Lake

Creek Metropolitan District, c/o Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602; 970-945-6546. Water right:

Lake Creek Meadows Reservoir (“Subject Water Right”); Orig. decree: Case Number W-3590, Water Division 5, 5/9/1979. Subsequent

diligence decrees, entered in Dist. Ct., Water Division No. 5: Case No. 83CW28, 5/12/1983; Case No. 87CW006, 2/8/1988; Case No.

93CW008, 5/17/1993; Case No. 99CW091, 11/19/2005; Case No. 05CW221, 8/24/2006; Case No. 12CW129, 7/31/2013. Orig. decreed

location, Case W-3590 (“Lot 6 Reservoir”): Dam at a pt. whence the S.W. corner of Sec. 18, T. 5 S., R. 82 W., 6th P.M. bears S. 27 deg.

00' W., a distance of 4,940 ft. Also described in Case No. 12CW129, as the NE1/4 NW1/4, Sec. 18, T. 5 S., R. 82 W., 6 th P.M., at a pt.

756 ft. S. of the N. Sec. line and 2,345 ft. E. of the W. Sec. line of said Sec. 18. Also described as NAD83 Zone 13 N UTM X 361015.0

UTM Y 4387035.9. Decreed alt. storage location in the Lake Creek Meadows Lot 4 Reservoir ( “Lot 4 Reservoir”), Case No.

15CW3104: The dam is located at a pt. in Sec. 18, T. 5 S., R. 82 W., 6th P.M. that is 1800 ft. S. of the N. Sec. line and 1961 ft. E. of the

W. Sec. line of said Sec. 18; also described as NAD83 Zone 13 N UTM X 360900.9 UTM Y 4386722.7. Surface area of high water

line: 0.627 acres. Height of dam: 9.9’; Length of dam: 370’; Total capacity of reservoir in AF: up to 5.0 AF, but expected to be approx.

3.63 AF; Active capacity: up to 5.0 AF; Dead storage: 0.37 AF; Decreed alt. storage location in the Lake Creek Meadows Lot 5

Reservoir, Case No. 15CW3104: The dam is located at a pt. in Sec. 18, T. 5 S., R. 82 W., 6thP.M. that is 1554 ft. S. of the N. Sec. line



and 2198 ft. E. of the W. Sec. line of said Sec. 18; also described as NAD83 Zone 13 N UTM X 360971.4 UTM Y 4386794.4. Surface

area of high water line: 0.184 acres. Ht. of dam: 9.9’; Length of dam: 190’; Total capacity of reservoir in AF: up to 5.0 AF but expected

to be approx. 0.61 AF; Active capacity: up to 5.0 AF; Dead storage: 0 AF. Map: A map of the decreed places of storage is on file with

the Court Source: West Lake Creek through the Lake Creek Meadows Ditch (pt. of diversion changed by decree in Case No. 15CW3105)

at up to 2.0 cfs,. Date of approp.: 6/10/1969. Uses: Mun., dom., irr., rec., pisc. and fire prot.. Amt.: 7.0 AF. Remarks: In Case No. W-

3590, the entire 7.0 AF was decreed absolute for pisc. use. In Case No. 12CW129, the Court found that 5.0 AF of this Amt. was

erroneously confirmed absolute and determined that 5.0 AF of the pisc. use of the Lake Creek Meadows Reservoir remained cond. In

Case No. 99CW091, 2.0 AF was decreed absolute for mun., dom., irr., rec., and fire prot.; 5.0 AF remains cond. for these uses, together

with pisc. use as mentioned above. In Case No. 12CW129, the Applicant confirmed its intent to, and the Court did by decree, abandon

the mechanical, manufacturing, and sewage treatment uses decreed to this water right in Case No. W-3590. The Lake Creek Meadows

Reservoir is decreed as part of an integrated water supply system (including several ditches, wells, storage tanks, transmission lines and

other water supply plans) for Applicant’s service area. See, e.g., Cases No. 99CW091 and 05CW221; C.R.S. § 37-92-301(4)(b). Finding

of Diligence: a complete list of diligence activities and expenditures is on file with the Court. Claim to Make Absolute: Applicant

requests that the Lake Creek Meadows Reservoir water right be confirmed absolute through storage of the cond. portion of the Subject

Water Right in the Lot 4 Reservoir and Lot 6 Reservoir. Date of beneficial use: 6/27/2018; the Applicant completed a fill of the Lot 4

Reservoir and Lot 6 Reservoir in priority on or before this date. Records maintained by the Colorado Division of Water Resources reflect

that no administrative calls were in effect on Lake Creek, the Eagle River, or the Colorado River below its confluence with the Eagle

River that could curtail in-priority diversions to storage between 4/22/2018 and 6/27/2018. Applicant reserves the right to provide

evidence that it placed the water right to beneficial use in priority on other dates as well. Capacity survey: A topographic survey and

stage capacity graph for the Lot 4 Reservoir and Lot 6 Reservoir is on file with the Court. A cond. storage right “shall be made absolute

for all decreed purposes to the extent of the volume of the approp. that has been captured, possessed, and controlled at the decreed

storage structure.” C.R.S. §. 37-92-301(4)(e). Cond. Amt. made absolute: 5.0 AF. Uses: Mun., dom., irr., rec., pisc., and fire prot.

Structures and Amts.: Lake Creek Meadows Lot 4 Reservoir, 3.57 AF; and Lake Creek Meadows Reservoir, 1.43 AF (in addition to the

2.0 AF already decreed absolute at this location). Applicant requests entry of a decree continuing as conditional any portion of said 5.0

AF not confirmed absolute herein.











18CW3206 EAGLE COUNTY. EAGLE RIVER THROUGH THE WARREN DITCH. Application for Finding of Reasonable

Diligence. Applicant: Red Mountain Ranch Partnership, Ltd., c/o Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO

81602; 970-945-6546. Structure: Red Mountain Ranch Pond No. 2. Orig. decree: Case No. 89CW316, Ruling 2 of 2, entered

5/23/1990, District Court, Water Division 5. Subsequent decrees awarding diligence: 12/29/2005, Case No. 05CW038, and 12/19/2012,

Case No. 11CW171, District Court, Water Division No. 5. Decreed location: The dam is located in the SW1/4, NE1/4, Sec. 26, T. 4.

S., R. 84 W., 6th P.M. at a pt. 1,880 ft. from the N. line and 2,640 ft. from the E. line of said Sec. 26. Source: Eagle River through the

Warren Ditch and up to 0.6 AF of consumptive use water awarded to the Warren Ditch in the Plan for Augmentation as more fully

described in Cases No. 89CW316 and 84CW310, will be stored in Red Mountain Ranch Pond No. 2. Approp. Date: 6/15/1984. Amt:

0.6 AF, cond. Proposed Use: Dom., irr. of 15 acres, comm., ind., firefighting, stockwatering, street cleaning, rec., fish and wildlife

propagation and aesthetic purposes. A complete list of diligence activities and expenditures is on file with this court. Name of owner of

the land upon which the structures are located and where water has been applied to beneficial use: Applicant. 5 pgs.













18CW3207(09CW191) DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO, 109 Eighth Street, Suite 104,

Glenwood Springs, CO 81601. CONCERNING THE APPLICATION FOR WATER RIGHTS OF THE EAGLE RIVER

WATER & SANITATION DISTRICT, IN EAGLE, GRAND, AND ROUTT COUNTIES, COLORADO. APPLICATION FOR

FINDING OF REASONABLE DILIGENCE. 1. Name and Address of Applicant: Eagle River Water and Sanitation District (“District”),

c/o Manager, 846 Forest Road, Vail, Colorado 81657. Direct all pleadings to: Glenn E. Porzak, Kristin H. Moseley, Cassidy L. Woodard,

Porzak Browning & Bushong LLP, 2120 13th Street, Boulder, CO 80302. 2. Description of Conditional Water Rights: A. Wolford

Mountain Reservoir Exchanges., i. Original Decree: Decreed by the District Court in and for Water Division No. 5 (“Water Court”) in

Case No. 09CW191 on December 23, 2012., ii.Decreed Locations: a. Downstream Terminus: the confluence of the Colorado River and

the Eagle River, located at a point in the SW1/4 NW1/4 of Section 5, T. 5 S., R. 86 W. of the 6th P.M., 2,020 feet west of the east section

line and 2,625 feet south of the north section line of said Section 5., b.Upstream Termini: The following points of diversion were decreed

in Water Court Case No. 08CW77 and are depicted on the map attached as Exhibit A: I. Wolcott Treatment Plant Intake, located on the

westerly bank of the Eagle River in the SE1/4 NE1/4 of Section 16, T. 4 S., R. 83 W. of the 6th P.M. within 200 feet of a point 635 feet

from the east section line and 1,680 feet from the north section line of said Section 16., II. Vail-Jouflas Eagle River Diversion, located

in the NW1/4 SE1/4 of Section 15, T. 4 S., R. 83 W. of the 6th P.M. at a point 1,540 feet from the south section line and 1,710 feet from

the east section line., III. Vines at Vail Pump and Pipeline No. 1, located in the NW1/4 SE1/4 of Section 15, T. 4 S., R. 83 W. of the 6th

P.M. at a point 2,987 feet from the west section line and 1,883 feet from the south section line of said Section 15., IV. Vines at Vail

Pump and Pipeline No. 2, located in the NE1/4 SW1/4 of Section 15, T. 4 S., R. 83 W. of the 6th P.M. at a point 2,395 feet from the

west section line and 1,909 feet from the south section line; and V. Vines at Vail Pipeline No. 3, located in the NW1/4 SW1/4 of Section

14, T. 4 S., R. 83 W. of the 6th P.M. at a point 640 feet from the west section line and 1,609 feet from the south section line., iii. Source:

Wolford Mountain Reservoir (a/k/a Gunsight Pass Reservoir), the dam of which is located in the SW1/4 NE1/4 of Section 25, T. 2 N.,

R. 81 W. of the 6th P.M. The source of said reservoir is Muddy Creek and its tributaries, which are tributary to the Colorado River. The

District’s right to use Wolford Mountain Reservoir is pursuant to Colorado River Water Conservation District (“River District”) Contract

No. CW08010, dated February 9, 2009. Wolford Mountain Reservoir is decreed by the Water Court as follows, and as said reservoir

may be enlarged in the future: a. Case No. 87CW283, decreed on November 20, 1989. 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. Wolford

Mountain Reservoir was decreed for 59,993 acre-feet conditional, of which 32,986 acre-feet were made absolute for piscatorial and

recreational uses by decree entered in Water Court Case No. 95CW287 and the entire 59,993 acre-feet was made absolute for all decreed

purposes in Water Court Case No. 02CW107. The appropriation date is December 14, 1987, and the decreed uses are all beneficial uses,

including, but not limited to, domestic, municipal, agricultural, and recreational uses., b. Case No. 95CW281, decreed on August 26,

1997. 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 River

District, 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. The Wolford Mountain Reservoir Enlargement (“WMR Enlargement”) was decreed for

an additional 6,000 acre-feet, conditional, with an appropriation date of January 16, 1995, which was made absolute in Water Court

Case No. 03CW192, decreed on May 24, 2004. The decreed uses are all beneficial uses by and for the benefit of the inhabitants of the

River District, 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., c. Case No. 98CW237, decreed on July 6, 2000.

The legal description of the Wolford Mountain Reservoir was decreed the same as the as-built legal description from Case No. 95CW281

in Paragraph 2.A.iii.b. above. Wolford Mountain Reservoir was decreed for 30,000 acre-feet conditional with 15,895 acre-feet being

absolute for recreational, piscatorial, and flood control. In Water Court Case No. 13CW3008, decreed on January 24, 2014, 12,856 acre-

feet was made absolute for all uses, leaving 14,105 acre-feet conditional for recreation, piscatorial, and flood control purposes and

17,144 for all other decreed purposes other than recreation, piscatorial, and flood control. The appropriation date is November 17, 1998.

The uses are those uses decreed by the Water Court previously in Case Nos. 87CW283 and 95CW281, described in Paragraphs 2.A.iii.a

to 2.A.iii.b. above., d. Case No. 03CW302, decreed on October 19, 2014. The legal description of the Wolford Mountain Reservoir was

decreed the same as the as-built legal description from Case No. 95CW281 in Paragraph 2.A.iii.b. above. The Wolford Mountain

Reservoir Second Enlargement (“WMR Second Enlargement”) was decreed for 9,775 acre-feet conditional for the initial fill with the

right to refill when in priority subject to a maximum refill amount of 9,775 acre-feet conditional. The appropriation date is November

17, 2003. The WMR Second Enlargement may be used for the purposes previously decreed to the Wolford Mountain Reservoir,

including uses consistent with the Windy Gap Settlement made with the Municipal Subdistrict of the Northern Colorado Water

Conservancy District, meeting the water requirements of the inhabitants of the River District for all uses, and uses consistent with the

terms of a lease agreement executed March 3, 1987, between the River District and the City and County of Denver, as amended. The

WMR Second Enlargement storage right may also be used for all beneficial uses, including, but not limited to, municipal, commercial,

industrial, domestic, irrigation, agricultural, livestock, hydro-power production, evaporation, piscatorial, and recreational (including in-



reservoir and in-river fish habitat and river flow maintenance and enhancement uses and uses in furtherance of the Upper Colorado

River Basin Fishes Recovery Program) with the right to reuse and successively use the water to extinction; 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, replacement, or exchange in Water Division Nos. 1, 2, and/or 5., iv.

Appropriation Date: May 25, 2006, with a 2009 filing year for the subject exchanges., v. Amount: up to 500 consumptive acre-feet of

water per year (less transport losses from the replacement source)., vi. Uses: municipal uses (to include all municipal uses, including

without limitation domestic, irrigation, commercial, industrial, and recreational uses)., vii. Remarks: A map depicting the Wolford

Mountain Reservoir Exchanges is attached as Exhibit B., B. Ruedi Reservoir Exchanges., i. Original Decree: Water Court Case No.

09CW191 on December 23, 2012., ii. Decreed Locations: a. Downstream Terminus: the confluence of the Roaring Fork River and the

Colorado River, located at a point in the SE1/4 NW1/4 of Section 9, T. 6 S., R. 89 W. of the 6th P.M., 2,300 feet east of the west section

line and 2,150 feet south of the north section line of said Section 9., b. Upstream Termini: those structures identified and described

above in Paragraph 2.A.ii.b. and depicted on the map attached as Exhibit A., iii. Source: Ruedi Reservoir. The District has a contract

with the River District (Contract No. CW08010), which supplies Ruedi Reservoir water for use in this case. The River District holds

Contract Nos. 009D6C0111, 009D6C0118, 039F6C0011, 079D6C0106, and 139D6C0101 from the United States Bureau of

Reclamation for 11,413.5 acre-feet of annual supply from Ruedi Reservoir., a. 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. of the 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., b. Source: Fryingpan River, tributary to the Roaring Fork River, tributary to the Colorado River., c. Previous

Storage Decrees: I. Garfield County District Court Civil Action No. 4613, decreed on June 20, 1958. Ruedi Reservoir was decreed for

140,697.3 acre-feet, which was 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. The appropriation date is July 29, 1957, for domestic, municipal, irrigation, industrial,

generation of electrical energy, stock watering, and piscatorial uses., II. Water Court Case No. 84CW34, decreed on April 8, 1985. Ruedi

Reservoir was decreed a refill right in the amount of 101,280 acre-feet, of this amount 44,509 acre-feet was made absolute in Case No.

95CW95 and 25,257 acre-feet was made absolute in Case No. 01CW269 for a total of 69,766 acre-feet absolute. The appropriation date

is January 22, 1981, for 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., iv. Appropriation Date: February 10, 2009., v. Amount: up to 500 consumptive acre-feet of water per year (less transport losses

from the replacement source)., vi. Uses: municipal uses (to include all municipal uses, including without limitation domestic, irrigation,

commercial, industrial, and recreational uses)., vi. Remarks: The Ruedi Reservoir Exchanges will be used in addition to and substitution

for the Wolford Mountain Reservoir Exchanges in appropriate circumstances where Ruedi Reservoir water is physically equivalent to

Wolford Mountain Reservoir water. A map depicting the Ruedi Reservoir Exchanges is attached as Exhibit B. 3. Claim for Findings of

Reasonable Diligence: The District is a quasi-municipal entity that provides water service to customers in the Vail and Wolcott areas

and sewer service to customers in Vail, Minturn, Eagle-Vail, Avon, Beaver Creek, Arrowhead, Berry Creek, Edwards, and Wolcott. The

District’s Wolcott service area is depicted on the map attached as Exhibit A. The District and the Upper Eagle Regional Water Authority,

which is managed by the staff of the District, comprise the second largest water and wastewater provider on the Western Slope. These

two entities are required to meet the water demands of more than 65,000 residents in Eagle County and over 2.2 million annual

recreational visitors to the Vail and Beaver Creek ski areas. The District is the successor to six separate quasi-municipal entities formed

to serve the water needs of the Gore Creek Valley. The subject exchanges are necessary to meet the District’s demands for domestic,

irrigation, recreation, and other municipal uses within the District’s service area as that area grows. The District’s need for the exchanges

is critical during the winter ski season when peak demands necessitate providing water for tourists, day skiers, second homeowners, and

workers who commute into Vail every day and use water provided by the District. Moreover, the District’s water rights are used to

provide snowmaking water on the Vail Ski Area, which requires over 600 acre-feet per year of snowmaking water. Snowmaking requires

large flow rates in late fall and early winter as soon as temperatures are cold enough to make snow. The subject exchanges are necessary

for the District’s planning for population increases and increased water demands caused by skiers and tourists. According to Eagle

County’s 2005 Comprehensive Plan, the County population will increase from approximately 54,772 residents in 2017 to 88,000 by

2030. As one of the main providers of water from Vail to Wolcott in Eagle County, the District requires the subject exchanges in order

to serve the projected population growth in Eagle County in general, and in the Gore Creek Valley in particular. The subject exchanges

are crucial for allowing the District to fully utilize its contract water in Wolford Mountain Reservoir and Ruedi Reservoir. Such

exchanges provide the District with the flexibility necessary to manage its water right portfolio in a manner that maximizes beneficial

use, which is crucial to meeting demand from continued development in the Vail and Eagle River Valleys. The District believes that it

can and will complete the appropriation of the exchanges within a reasonable time and intends to perfect the subject water right within

a reasonable time for use by the District’s customers. The District seeks a finding of reasonable diligence for the above-described

exchanges for their full conditional amounts and uses. In support of its claim for findings of reasonable diligence, the District has

engaged in numerous activities during the relevant period that demonstrate diligence toward the application of the exchanges to their

decreed beneficial uses. The District operates an integrated water system, i.e., a single, unified municipal water system in which work

done on any component of the system advances the whole. The District has incurred capital costs and expenditures of over $21,000,000



during the diligence period to operate, protect, maintain, upgrade, and expand its water facilities. All such expenditures are necessary

steps in the development of the District’s integrated water supply system and the subject exchanges. With respect to the specific water

rights included in this Application, the District has spent approximately $1 million in annual contract fees to the River District to maintain

the District’s Wolford Mountain Reservoir water contracts, which is a necessary prerequisite to putting the above-described exchanges

to beneficial use. 4. Ownership: A. The headgate of the Wolcott Treatment Plant Intake will be located on land owned by the District.,

B. The headgates of the Vail-Jouflas Eagle River Diversion and the Vines at Vail Pump and Pipeline Nos. 1 and 2 will be located on

land owned by P. John Jouflas, G. Greory Jouflas, M. James Jouflas, and Jan Marie Jouflas, 113 Mira Monte Road, Grand Junction,

Colo. 81507-1731. An easement for the Vail-Jouflas Eagle River Diversion is owned by Vail Resorts, c/o Bill Kennedy, P.O. Box 7,

Vail, Colo. 81658., C. The headgate of the Vines at Vail Pump and Pipeline No. 3 will be located on land owned by CJC Properties

Limited Partnership, 1111 Horizon Drive, #807, Grand Junction, Colo. 81506., D. Wolford Mountain Reservoir is owned by the River

District, 201 Centennial, Suite 200, Glenwood Springs, CO 81601, and the United States Bureau of Land Management, Kremmling

Field Office, P.O. Box 68, Kremmling, CO 80459. Ruedi Reservoir is owned by the United States of America, Eastern Colorado Area

Office, 11056 W. County Rd. 18E, Loveland, CO 80537-9711. The District has contractual rights to use water from both reservoirs.

WHEREFORE, the District seeks a finding that it has exercised reasonable diligence with respect to the water rights described in

Paragraph 2, above, and such other and further relief as this Court deems just and proper. (9 pages + Exhibits).











18CW3208 EAGLE COUNTY, WATER RIGHT TRIBUTARY TO THE COLORADO RIVER. Application for Findings of

Reasonable Diligence. R.A. Nelson, c/o Mark E. Hamilton, Esq., Meghan N. Winokur, Esq., Holland & Hart LLP, 600 E. Main St., Suite

104, Aspen CO 81611-1991, [email protected]; [email protected]. Name of structure: Appropriative right of

exchange as described in paragraph 12 of the Decree dated November 22, 2005 in Case No. 03CW332 (“Subject Exchange”). Previous

decrees: Original decree: Case No. 03CW332, Water Division 5, decree entered on November 22, 2005. Subsequent decree awarding

findings of diligence: 11CW165, Water Division 5, decree entered December 19, 2012. Description of Subject Exchange: The Subject

Exchange allows Applicant to exchange augmentation releases from Wolford Mountain Reservoir and/or Ruedi Reservoir from the

Eagle/Colorado River confluence or Roaring Fork/Colorado River confluence, as applicable, upstream to the following augmented water

rights within the Lake Creek drainage as described in the Decree in Case No. 03CW332: RMN Spring Nos. 1, 2 and 3; RMN Spring

Nos. 1, 2 and 3 Enlargements; Green Spring and Feeder Ditch Extension; Nelson No. 1 Pond; and Nelson No. 1 Ditch. The exchange

reaches for the Subject Exchange are shown on the map attached to the Application as Figure 1. Upper Termini for Subject Exchange:

The Upper Termini for the Subject Exchange are shown on the map attached to the Application as Figure 2, further described as follows:

RMN Spring No. 1 and Enlargement: in the SE1/4 SE1/4, Section 6, Township 5 South, Range 82 West, 6th P.M., at a point 750 feet

from the East line and 350 feet from the South line of said Section 6. RMN Spring No. 2 and Enlargement: in the SE1/4 SE1/4, Section

6, Township 5 South, Range 82 West, 6th P.M., at a point 720 feet from the East line and 450 feet from the South line of said Section

6. RMN Spring No. 3 and Enlargement: as changed in Case No. 00CW257, the spring is diverted at the Nelson No. 1 Ditch or the

alternate point of the Nelson No. 1 Ditch at the Bert Hyde Ditch, the locations of which are: Nelson No. 1 Ditch: in the SE1/4 SE1/4,

Section 6, Township 5 South, Range 82 West, 6th P.M., at a point 380 feet from the South line and 900 feet from the East line of said

Section 6. Nelson No. 1 Ditch at Bert Hyde Ditch: on the right bank of Lake Creek at a point whence the NE1/4 of Section 7, Township

5 South, Range 82 West of the 6th P.M. bears North 76°35’ East 859.39 feet; the location is described as a point in the NE1/4NE1/4,

Section 7, Township 5 South, Range 82 West, 6th P.M., 250 feet from the North line and 835 feet from the East line. Green Spring and

Feeder Ditch Extension: wastewater from the Green Spring and Ditch which originates at the Green Spring located a point whence the

East quarter Corner of the Section 7, Twp. 5 South, Range 82 W. of the 6th P.M., bears South 52°24’10” East 784.07 feet, which is

tributary to Lake Creek (also described as being at a point within the SE 1/4 NE 1/4 of said Sec. 7, at a point that is 630 ft. from the E.

sec. line and 2180 ft. from the N. section line). Nelson No. 1 Pond: Nelson No. 1 Pond is filled and refilled by the Nelson No. 1 Ditch.

The pond is located in the SE1/4SE1/4, Section 6, Township 5 South, Range 82 West, 6th P.M. at a point 610 feet from the South line

and 850 feet from the East line of said Section 6. Nelson No. 1 Ditch: See above. Lower Termini for Subject Exchange: With respect to

releases from Wolford Mountain Reservoir, the confluence of the Colorado River and the Eagle River. With respect to releases from

Ruedi Reservoir, the confluence of the Colorado River and the Roaring Fork River. Source of Exchange Deliveries: Exchange water

released from Wolford Mountain Reservoir or Ruedi Reservoir pursuant to Applicant’s water supply contract with the Colorado River





Water Conservation District. Appropriation date: December 31, 2003. Amount: 0.011 c.f.s., conditional (0.711 AF volumetric limit).

Use: augmentation (pursuant to the plan for augmentation approved in Case No. 03CW332). A detailed outline of what has been

performed towards completion of the appropriation during the diligence period is included in the Application. Names and addresses of

owners or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or

storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage

pool: N/A. (6 pages)











18CW3209 GARFIELD COUNTY, Application for Findings of Reasonable Diligence. Applicant: Rifle Creek Estates

Homeowners’ Association; please direct all correspondence to Applicants’ attorneys: Mary Elizabeth Geiger, Garfield & Hecht, P.C.,

901 Grand Avenue, Suite 201, Glenwood Springs, CO 81601, (970)947-1936. Applicant requests findings of reasonable diligence with

regard to the following water rights: Emmer Well No. 2. Prior Decrees: Case No. W-3877, originally entered by this Court on July 8,

1980, District Court in and for Water Division No. 5. Subsequent findings of reasonable diligence: Case No. 84CW54 (Consolidated

84CW53, 84CW54, 84CW55), 88CW89, 92CW97, 98CW187, 05CW84, and 12CW36 District Court in and for Water Division No. 5.

Location: The Emmer Well No. 2 is located in the NE1/4NW1/4, Section 30, Township 5 South, Range 92 West of the 6th P.M., at a

point whence the NW Corner of said Section 30 bears N. 52º00’ W., 1,900 feet, also described as being 1,460 feet East of the West

Section line and 1,225 feet South of the North Section line of Section 30. Source: Groundwater tributary to Rifle Creek, tributary to the

Colorado River. Appropriation date: April 20, 1978. Amount: 0.33 c.f.s., conditional. Decreed Uses: domestic, irrigation, fire protection

and sewage treatment purposes. Name and address of owner of land upon which well will be located: John P. Powers, 200 Alder Lane,

Boulder, Colorado 80304. Applicant requests findings of reasonable diligence with regard to the following water rights. Emmer

Reservoir No. 1. Prior Decrees: Case No. W-3878, originally entered by this Court on July 8, 1980, District Court in and for Water

Division No. 5. Subsequent findings of reasonable diligence: Case No. (Consolidated 84CW53, 84CW54, 84CW55) and 12CW36,

District Court in and for Water Division No. 5. Location: The right abutment of the dam embankment of the Emmer Reservoir No. 1 is

located in SE1/4NW1/4, Section 30, Township 5 South, Range 92 West of the 6th P.M., at a point whence the NW Corner of said Section

30 bears N. 42º30’ W., 2,440 feet, also described as being 1,645 feet East of the West Section line and 1,800 feet South of the North

Section line of Section 30. Source: Rifle Creek, through the Grand Tunnel ditch, tributary to the Colorado River. Appropriation date:

August 9, 1978. Amount: 11 a.f. (10 a.f., conditional, 1.0 a.f., absolute). Decreed Uses: Municipal, domestic, irrigation, recreation,

mechanical, manufacturing, fire protection, augmentation (see Case No. W-3879) and sewage treatment. Name and address of owner of

land upon which structure will be located: John P. Powers, 200 Alder Lane, Boulder, Colorado 80304. The Application includes a

detailed description of the work performed during the diligence period. (4 pages).











18CW3210 DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO, 109 8th Street, Suite 104, Glenwood

Springs, CO 81601. CONCERNING THE APPLICATION FOR WATER RIGHTS OF THE CLINTON DITCH &

RESERVOIR COMPANY IN THE BLUE RIVER AND ITS TRIBUTARIES, IN SUMMIT COUNTY, COLORADO.

APPLICATION FOR WATER STORAGE RIGHTS. 1. Name and address of Applicant: Clinton Ditch & Reservoir Company, c/o

Chairman, P.O. Box 68, Breckenridge, CO 80424. Direct all pleadings to: Glenn E. Porzak, Kristin H. Moseley, Porzak Browning &

Bushong LLP, 2120 13th Street, Boulder, CO 80302, (303) 443-6800. 2. Name of Reservoir: Clinton Gulch Reservoir 2nd Enlargement



and Refill Right. 3. Legal Description of the Reservoir: The dam is located in Summit County in the SW ¼, NW ¼, Section 25, T. 7 S.,

R. 79 W., 6th P.M. at a point 2,358.6 feet from the North line and 1,057.2 feet from the West line of said Section 25. A map of Clinton

Gulch Reservoir is attached as Exhibit 1. 4. Source: Clinton Creek, tributary to Ten Mile Creek, tributary to the Blue River. 5. Date of

Appropriation: September 26, 2013. 6. How Appropriation was Initiated: By entry into the Colorado River Cooperative Agreement,

effective September 26, 2013, with the City and County of Denver acting by and through its Board of Water Commissioners (“Denver

Water”). 7. Amount Claimed: 500 acre-feet, conditional, together with the right to refill this amount when water is available in priority.

8. Claimed Uses: Domestic, municipal, irrigation, industrial, snowmaking, recreation, fish and wildlife propagation, and augmentation

purposes, both on the eastern and western slopes of Colorado for use in Denver Water’s municipal water system and for direct or indirect

use in Summit and Grand Counties by the present and future shareholders of the Applicant. 9. Existing Surface Area at Normal High

Water Line: 91.4 acres (a) Maximum Height of Dam: 170 feet (b) Length of Dam: 1,550 feet 10. Total Existing Capacity of the

Reservoir: 4,460 acre-feet. (a) Active Capacity: 3,659 acre-feet (b) Dead Storage: 801 acre-feet 11. Owner of Land Where Reservoir

is Located: Applicant and Climax Molybdenum Company, Highway 91, Fremont Pass, Climax, CO 80429. 12. Remarks: (a) On

October 14, 1979, the District Court in and for Water Division No. 5 (“Water Court”) entered a decree in Case No. 79CW49 granting

the absolute right to 4,250 acre-feet to be stored Clinton Gulch Reservoir for industrial, domestic, irrigation, recreation, and fish and

wildlife propagation purposes. On May 25, 1993, the Water Court entered a decree in Case No. 92CW65 granting a Use Enlargement

and Second Filling for Clinton Gulch Reservoir in the amount of 4,250 acre feet for domestic, municipal, irrigation, industrial,

snowmaking, recreation, fish and wildlife propagation, and augmentation purposes, both on the eastern and western slopes of Colorado.

On September 17, 1998, the Water Court entered a decree in Case No. 98CW57 approving the Clinton Gulch Reservoir Use Enlargement

and Second Filling for 4,250 acre-feet, absolute, for the uses decreed in Case No. 92CW65. On November 4, 2013, the Water Court

entered a decree in Case No. 06CW252 granting an absolute right to an additional 210 acre feet stored in Clinton Gulch Reservoir,

together with the right to refill this amount when water is available in priority, for the uses claimed herein. (b) Clinton Gulch Reservoir

is subject to and operated pursuant to the terms of the Clinton Reservoir – Fraser River Water Agreement dated July 21, 1992, between

Denver Water and the Applicant’s original shareholders and other parties in Grand County, as amended by the Colorado River

Cooperative Agreement. Pursuant to Article III(c)(6) of the Colorado River Cooperative Agreement, Denver Water agreed to operate

its Blue River Diversion Project rights so as to allow the Applicant to store in Clinton Gulch Reservoir the 500 acre feet claimed herein.

Such additional storage in Clinton Gulch Reservoir will result from an enlargement of the reservoir spillway, and Clinton Gulch

Reservoir as enlarged will operate under Denver Water’s prior fill agreement with the Bureau of Reclamation and Denver Water will

be obligated to meet the paper filler requirements of Green Mountain Reservoir. WHEREFORE Applicant respectfully requests this

Court to grant a decree for the Clinton Gulch Reservoir 2nd Enlargement and Refill Right as described herein, and such other relief as

the Court deems appropriate and necessary. (5 Pages including exhibit)











18CW3211 District Court, Water Division No. 5, State of Colorado, 109 Eighth Street, Suite 104, Glenwood Springs, CO 81601.

CONCERNING THE APPLICATION FOR WATER RIGHTS OF SUNNY RANCH, LLC, IN PITKIN COUNTY,

COLORADO. APPLICATION FOR ENLARGEMENT OF EXISTING SURFACE DIVERSION RIGHT, ENLARGEMENT OF

EXISTING STORAGE RIGHT, ABSOLUTE STORAGE RIGHT, AND PLAN FOR AUGMENTATION AND CONDITIONAL

RIGHT OF EXCHANGE. 1. Name and address of Applicant: Sunny Ranch, LLC (“Sunny Ranch”), P.O. Box 7877, Aspen, Colorado

81612. Direct all pleadings to: Kristin H. Moseley, Gunnar J. Paulsen, Porzak Browning & Bushong LLP, 2120 13th Street, Boulder,

CO 80302, (303) 443-6800. 2. Summary of Application: With this application, Applicant makes four claims: (1) for a second

enlargement to the Interspace Pipeline diversion structure, absolute (2) for a first enlargement to Eastwick Reservoir, a/k/a Becca’s

Lake, absolute (3) for a finding of absolute water rights for the Snow Belle Pond, and (4) a plan for augmentation and conditional

exchange to augment out of priority evaporative depletions from Snow Belle Pond. First Claim Interspace Pipeline, Second Enlargement,

Absolute 3. Description of Water Right – Surface: A. Structure: Interspace Pipeline, Second Enlargement. B. Decrees: Interspace

Pipeline was originally decreed by the Water Court in and for Water Division No. 5 (“Water Court”) in Case No. 87CW164. A

subsequent decree by the Water Court awarded absolute and conditional rights to Interspace Pipeline, First Enlargement in Case No.

93CW226. The remaining conditional rights in Interspace Pipeline, First Enlargement were decreed absolute by the Water Court in Case

No. 00CW047. C. Location: The point of diversion is in the SW 1/4, NW 1/4, Section 9, T. 10 South, Range 85 West, of the 6th P.M. at



a point whence the NW corner of Section 9 bears N. 2 degrees W. 2,610 feet. For ease of reference, but without changing the decreed

location, this location can also be described as the SW 1/4, NW 1/4, Section 9, Township 10 South, Range 85 West, of the 6 th P.M. at a

point 2,608 feet from the North section line and 142 feet from the West section line. A map depicting the location of Interspace Pipeline,

Interspace Pipeline, First Enlargement and Interspace Pipeline, Second Enlargement is attached hereto as Exhibit A. D. Sources:

Unnamed tributary of Owl Creek, tributary to the Roaring Fork River, tributary to the Colorado River. E. Appropriation Date: December

1, 2018. F. Amount Claimed: 0.033 c.f.s., absolute. G. Uses: Filling source for Snow Belle Pond, which structure is described in

Applicant’s Third Claim, Paragraph 5 below. Second Claim First Enlargement of Eastwick Reservoir, a/k/a Becca’s Lake, Absolute 4.

Description of Water Right – Storage: A. Structure: Eastwick Reservoir, a/k/a Becca’s Lake, an on-channel reservoir on an unnamed

tributary of Owl Creek. B. Decrees: Eastwick Reservoir, a/k/a Becca’s Lake was decreed absolute by the Water Court in Case No.

87CW0165 on November 30, 1987. A subsequent decree for a plan for augmentation and appropriative rights of exchange was decreed

to Eastwick Reservoir, a/k/a Becca’s Lake by the Water Court in Case No. 16CW3165. C. Location: The dam is located in the NW 1/4,

NW 1/4, of Section 9, Township 10 South, Range 85 West of the 6th P.M. at a point whence the NW corner of said Section 9 bears N.

53 degrees W. 1,220 feet. For ease of reference, but without changing the decreed location, this location can also be described as the

NW 1/4, NW 1/4 of Section 9, Township 10 South, Range 85 West of the 6th P.M. at a point 692 feet from the North section line and

992 feet from the West section line. A map depicting the location of Eastwick Reservoir a/k/a Becca’s Lake is attached hereto as Exhibit

A. D. Sources: Unnamed tributary of Owl Creek, tributary to the Roaring Fork River, tributary to the Colorado River. E. Appropriation

Date: July 16, 2016. F. Amount Claimed: 1.184 acre-feet, absolute. G. Uses: Supplemental filling source and as augmentation and

exchange water to replace out of priority evaporative depletions in Snow Belle Pond, which structure is described in Applicant’s Third

Claim, Paragraph 5 below. Third Claim Absolute Water Right for Snow Belle Pond 5. Description of Water Right – Storage: A.

Structure: Snow Belle Pond. B. Location: The dam is located in the NW 1/4, NW 1/4, Section 9, Township 10 South, Range 85 West,

of the 6th P.M., at a location 895 feet from the North section line and 669 feet from the West section line. A map depicting the location

of Snow Belle Pond is attached hereto as Exhibit A. C. Sources: The sources for Snow Belle Pond are the following structures: i.

Interspace Pipeline, Second Enlargement: Described above in Paragraph 3. ii. Eastwick Reservoir, a/k/a Becca’s Lake, First

Enlargement: Described above in Paragraph 4. D. Appropriation Information: i. Date of Appropriation: December 4, 2018. ii. How

Appropriation was Initiated: Construction of Snow Belle Pond and by conducting an as-constructed survey. iii. Date Water Applied to

Beneficial Use: December 20, 2018. E. Amount: 0.242 acre-feet, absolute. F. Use: Livestock watering, piscatorial and wildlife

propagation, piscatorial, fire protection, and recreational. G. Surface Area: 0.11 surface acres, with a total of .16 surface areas to be

augmented to include an allowance for the inlet and outlet (spillway) channels. H. Dam Dimensions: i. Vertical Height: Less than 10

feet. ii. Length: 180 feet. Fourth Claim Plan for Augmentation and Appropriative Right of Exchange in Snow Belle Pond 6. Description

of Structure to be Augmented: Snow Belle Pond described above in Paragraph 5. 7. Water Right to be used as the Source of

Augmentation Water: A Basalt Water Conservancy District (“BWCD”) Allotment Contract for up to 0.4 acre-foot from the following

water rights for augmentation purposes. A. Green Mountain Reservoir: i. Source: Blue River, tributary of Colorado River. ii. Legal

Description: located approximately 16 miles Southeast of the Town of Kremmling in Summit County, Colorado, and more particularly

in all or parts of Sections 11, 12, 13, 14, 15, and 24 of Township 2 South, Range 80 West, and in Sections 17, 18, 19, 20, 21, 28, 29, and

34, Township 2 South, Range 79 West of the 6th P.M. iii. Adjudication Date: October 12, 1955. iv. Appropriation Date: August 1, 1935.

v. Case Nos.: 2782, 5016, and 5017, Court: United States District Court, District of Colorado and Case No. 88CW022, District Court,

Water Division No. 5. vi. Decreed Amount: 154,645 acre feet and a refill right in the amount of 3,856 acre feet absolute and 150,789

acre feet, conditional. vii. Decreed Uses: In accordance with Paragraph 5(a), (b), and (c) of the section entitled "Manner of Operation of

Project Facilities and Auxiliary Facilities" in Senate Document 80. B. Ruedi Reservoir: i. Source: Frying Pan River, tributary of Colorado

River. ii. Legal Description: An on-channel reservoir located in Sections 7, 8, 9, 11, and 14 through 18, Township 8 South, Range 84

West of the 6th P.M. The reservoir is in portions of Eagle and Pitkin Counties. iii. Adjudication Date: June 20, 1958. iv. Appropriation

Date: July 29, 1957. v. Case No.: C.A. 4613, Garfield County District Court. vi. Decreed Amount: 102,369 acre feet (Originally decreed

for 140,697.3 acre feet; reduced to 102,369 acre feet in Case No. W-789-76). vii. Decreed Uses: generation of electric energy, domestic,

municipal, industrial, irrigation, piscatorial, and stock watering. viii. Refill: By decree of the Water Court in Case No. 81CW34, Ruedi

Reservoir was decreed a refill right in the amount of 101,280 acre feet, conditional. In Water Court Case No. 95CW95, 44,509 acre feet

of the refill right was made absolute. In Water Court Case No. 01CW269, an additional 25,257 acre feet of the refill right was made

absolute, for a total of 69,766 acre feet absolute in the refill right. C. Information from previous decrees for Troy Ditch and Edith Ditch

rights:

STRUCT

URE

PRIORI

TY

COU

RT

CASE

NO.

ADJ

DATE

APP

DATE

DECREE

D

AMOUN

T

(CFS)

USE

(4)

AMOUNT SOLD, TRANSFERRED

OR RESERVED

AMOUNT

REMAINING (10)

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

Troy Ditch (1)

370 3082 08/25/19

36

05/01/19

06

5.10 I 0.000 0.000 0.09

5

0.06

4

0.035 4.906 N/A



Troy Ditch

1st Enlg

427 3082 08/25/19

36

05/01/19

28

10.80 I 0.000 0.000 0.20

0

0.13

4

0.073 10.39

3

N/A

Troy Ditch

2nd Enlg

669 4613 06/20/19

58

06/01/19

42

6.20 I 0.000 0.000 0.11

5

0.07

7

0.042 5.966 N/A

Edith

Ditch

353 3082 08/25/19

36

05/01/19

04

2.72 I 0.110 0.132

0

0.05

0

0.00

0

0.018 2.410 N/A

Edith

Ditch 1st

Enlg

673 4613 06/20/19

58

07/01/19

46

3.23 I 0.000 0.000 0.06

0

0.00

0

0.022 3.148 N/A

Troy Ditch

Water

System

aka Lower

Headgate

(2) W-

2281

15.50(3) I,D,

M

C,P

0.110 0.132

0

0.52

0

0.27

5

0.190 14.27

3

412.8

9

(1) Originally diverted from Miller Creek. All others originally diverted from Frying Pan River.

(2) Alternate point for all priorities of Troy and Edith Ditches.

(3) Combined amount limited to 15.5 cfs and 453 AF of consumptive use, 300 AF of which can be stored.

(4) I = Irrigation, D = Domestic, M = Municipal, C = Industrial and P = Piscatorial.

(5) Transferred to Edith Ditch Well in Case No. 80CW1 with 1.0 AF.

(6) Transferred to three springs on Cap K Ranch in Case No. 82CW189 (1.29 AF assumed to be included).

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

Shores augmentation plan.

(8) Deeded to Joan Wheeler in 1987 for diversion at the Troy Ditch 1st and 2nd Enlargement (16.9 AF assumed to be included).

(9) Reserved for augmentation of Cap K Ponds with 5.52 AF. Case No. 91CW220.

(10) A total of 40.11 AF of the original 453.00 AF has been sold or transferred.

i. In Case No. W-2281, Division 5, the Court decreed that 453 acre feet of annual consumptive-use credits were available to these

ditches, and that 300 acre feet could be stored in an unnamed reservoir. The Basalt Water Conservancy District owns 412.89 acre feet

of the 453 acre feet, and makes the water rights available to contract allottees for use pursuant to an approved substitute supply plan or

decree of Court. ii. The Troy and Edith augmentation water can be delivered to the Frying Pan, Roaring Fork or Colorado Rivers by by-

passing water at the headgate on the Frying Pan River. D. Information from previous decrees for Robinson Ditch rights:

STRUCTURE DECREED

AMOUNT/

cfs

AMOUNT

OWNED BY

BWCD (cfs)(1)

ADJ. DATE APP. DATE PRIORITY CAS

E

NO. (2)

ROBINSON

DITCH

5.00 1.21 05/1

1/1889

06/1

5/1882

38

132

ROBINSON

DITCH

2.50 0.60 05/1

1/1889

04/1

5/1886

140

132

ROBINSON

DITCH

2.00 0.48 05/1

1/1889

11/1

5/1886

167

132

ROBINSON

DITCH

10.70 2.59 12/2

9/1903

04/2

5/1899

212

C

1061

ROBINSON

DITCH

20.06 4.85 08/2

5/1936

04/2

5/1900

326

3082

(1) The BWCD owns 441 shares of Class 1 stock issued by the Robinson Ditch Company. The said 441 shares equal 24.16% of

the total shares and are associated with 9.73 cfs of the 40.26 cfs decreed to the Robinson Ditch.(2) District Court in and for Garfield

County i. Legal Description of Point of Diversion: The point of diversion as decreed is located on the North bank of the Roaring Fork

River one-half mile below the mouth of Sopris Creek in Section 11, T. 8 S., R. 87 West, 6th P.M. ii. Historic Use: Irrigation of

approximately 137.2 acres of hay and pasture under BWCD’s interest in the Robinson Ditch water rights. In Case No. 93CW319, the



Court decreed that 360 acre feet of annual consumptive-use credits are associated with said irrigation. In that case, the Court also

decreed a change of use of BWCD’s Robinson Ditch rights to include augmentation. BWCD makes the credits available to contract

allottees for use pursuant to an approved substitute supply plan or decree of Court. 8. Description of the Plan for Augmentation and

Appropriative Rights of Exchange: By this application, Sunny Ranch seeks to augment, either directly or by exchange, out-of-priority

evaporative depletions from Snow Belle Pond, described in Paragraph 5 above. A. Augmentation Plan. To permit the requested out-of-

priority evaporative depletions, Sunny Ranch proposes to cause the release of or otherwise commit to the Roaring Fork and Colorado

Rivers from the BWCD contract water described in Paragraph 7 above. The replacement water will be provided upstream of the location

of the calling water right. The precise timing and amount of releases from the BWCD contract water shall be subject to administration

by the Division Engineer and/or the Water Commissioner. B. Depletion Assumption. It is assumed that all evaporative depletions from

Snow Belle Pond are 100% consumptive. As denoted on the tables attached hereto as Table 1, total annual losses from Snow Belle

Pond have been estimated to be 0.52 acre feet (0.16 surface acres). The total out-of-priority dry-year evaporative losses are anticipated

to total 0.347 acre feet over the .16 surface acres as shown on Table 1. C. Exchange Plan Reach. When an exchange is necessary to

augment its out-of-priority depletions, Sunny Ranch seeks the right to operate the following appropriative right of exchange: Sunny

Ranch seeks approval of a plan to augment by exchange out-of-priority depletions from Snow Belle Pond pursuant to its contractual

right to the delivery of the BWCD contract water described in Paragraph 7 above. Downstream Termini: The points of replacement on

the Roaring Fork and/or Colorado Rivers of the BWCD’s water rights listed in Paragraph 7 above and described with particularity as

follows: For the exchange of Green Mountain Reservoir water: The confluence of the Roaring Fork and Colorado Rivers, located in the

SE ¼ of the NW ¼ of Section 9, Township 6 South, Range 89 West of the 6th P.M., at a point approximately 2,200 feet from the North

Section line and 2,350 feet from the West Section line; For the exchange of Ruedi Reservoir and/or Troy and Edith Ditch water: The

confluence of the Roaring Fork and Frying Pan Rivers located in the SW ¼ of the SE ¼ of Section 7, Township 8 South, Range 86 West

of the 6th P.M., at a point 750 feet from the South Section line and 1,500 feet from the East Section line; and For the exchange of

Robinson Ditch water: The headgate of the Robinson Ditch on the Roaring Fork River as described above. Upstream Terminus: The

inlet of Interspace Pipeline in the SW 1/4, NW 1/4, Section 9, Township 10 South, Range 85 West, of the 6 th P.M. at a point 2,608 feet

from the North section line and 142 feet from the West section line. A map of the BWCD’s augmentation supplies is attached as Exhibit

B. D. Rate of Exchange: The maximum rate of exchange is .005 c.f.s. up to 0.347 acre feet per year. E. Priority Date: A December 20,

2018 priority date is sought in connection with the subject plan for exchange, which is the date of filing of this application. F.

Administration. In the event of a call that cannot be augmented by the above described plan for augmentation, Sunny Ranch shall allow

the water level of Snow Belle Pond to fall commensurate with evaporation. The exchange or any portion thereof described herein shall

only operate in priority and only at such times as there is a live flow of water in the exchange reaches on the Roaring Fork River and

Owl Creek. 9. Measurement Devices: So as to ensure the operation of the augmentation and exchange plan, Sunny Ranch will install

and maintain such water measuring devices and implement such accounting procedures as may be required to verify that the amount of

augmentation and exchange water equals or exceeds the amount of out-of-priority depletions resulting from the use of water under the

claimed plan for augmentation and exchange. 10. Names and addresses of owners of land upon which structures are located, upon which

water is or will be stored, or upon which water is or will be placed to beneficial use: Applicant. WHEREFORE, Sunny Ranch requests

that this Court enter a decree that: 1. Finds that as a result of appropriation and beneficial use, Sunny Ranch has an absolute water right

for the Interspace Pipeline, Second Enlargement as described in Paragraph 3 above; and 2. Finds that as a result of appropriation and

beneficial use, Sunny Ranch has an absolute water right for Eastwick Reservoir, a/k/a Becca’s Lake, First Enlargement as described in

Paragraph 4 above; and 3. Finds that as a result of appropriation and beneficial use, Sunny Ranch has an absolute water right for Snow

Belle Pond as described in Paragraph 5 above; and 4. Approves the plan for augmentation and conditional right of exchange to replace

out of priority evaporative depletions in Snow Belle Pond as described in Paragraph 8 above; and 5. Finds that as a result of the finding

of absolute water rights and plan for augmentation and conditional exchange, there will be no injury to any owner of or persons entitled

to use water under a vested water right or decreed conditional right. (14 Pages including exhibits)











18CW3212 ROUTT COUNTY, COLORADO RIVER. Application for Findings of Reasonable Diligence. Betsy Hatt, c/o Jeff Houpt

& Ryan Jarvis of Beattie, Houpt & Jarvis, 932 Cooper Ave, Glenwood Springs, 970-945-8659. All structures: Original decree entered

05/16/06 in 04CW247; subsequent decree entered 12/16/12 in 12CW75. Appropriation date: 08/01/98. Irrigated Area: Up to 560 acres



within the Hatt Ranch comprised of the S½S½ of Sec 15, S½S½ of Sec 16, N½N½ of Sec 22, and N½NE¼ of Sec 21, all in T 1 N, R

84 W 6th PM. Lana Reservoir (a.k.a. Hatt Reservoir No. 2): Location: NE¼NW¼ of Sec 22, T 1 N, R 84 W 6 th PM at a point 2,233 ft E

of W Sec Line and 578 ft S of N Sec Line. Structures used to fill reservoir: Quaker Ditch and Royal Flush Ditch. Source: King Creek

and Egeria Creek, trib to Colo River. Amount: 200 af, conditional, with the right to fill and refill in priority. Uses: Irrigation,

stockwatering, recreation, piscatorial, wildlife habitat and watering. Surface area of high water line: 15 acres. Maximum height of dam:

Less than 10 ft. Length of dam: 1,980 ft. Total capacity of reservoir: 200 af. Active storage: 200 af. Dead storage: 0 af. Royal Flush

Ditch, First Enlargement: Location: SE¼SE¼ of Sec 17, T 1 N, R 84 W 6th PM at a point on the right bank of Egeria Creek whence the

SE Corner of said Sec 17 bears S 40°30’ E a distance of 1,510 ft. Source: Egeria Creek, trib to Colo River. Amount: 6.0 cfs, conditional.

Uses: Irrigation, stockwatering, and to fill Lana Reservoir and Vicki Reservoir. The Application on file with the court includes a list of

activities demonstrating diligence. Owner of land: Applicant. (5 pages)











18CW3213 Department of Transportation, State of Colorado (“CDOT”), c/o Chief Engineer, 4201 E. Arkansas Ave., Denver, CO

80222. Telephone: (303) 757-9206. Please send all regarding this case to Philip E. Lopez, Senior Assistant Attorney General, and Jeffrey

N. Candrian, Senior Assistant Attorney General, Water Conservation Unit, Natural Resources & Environment Section, Colorado

Attorney General’s Office, 1300 Broadway, 7th Floor, Denver, CO 80203. Telephone: (720) 508-6312 (Mr. Lopez); (720) 508-6288

(Mr. Candrian). FAX: (720) 508-6039. Email: [email protected]; [email protected]. APPLICATION FOR ABSOLUTE

AND CONDITIONAL GROUNDWATER RIGHTS AND APPROVAL OF PLAN FOR AUGMENTATION IN GARFIELD

COUNTY, COLORADO. FIRST CLAIM FOR RELIEF (ABSOLUTE GROUND WATER RIGHT) 2. Name of well and permit

number: A. Grizzly Creek Rest Area Well. B. Permit No. 158950 (a copy of the permit file is included as an attachment to the

Engineering Report prepared by Colorado River Engineering (“Engineering Report”) attached as Exhibit 1). A new permit, under section

37-90-137(2), C.R.S. (2018), will be required for the uses requested by this Application.3. Legal Description of Well: A. UTM Zone

13, Easting: 306588.6, Northing: 4381429.7 B. NW1/4 SW1/4, Sec. 5, T6S, R88W, 6th P.M., Garfield County, CO. C. A map showing

the location of the Grizzly Creek Rest Area Well is included in the Exhibit 1 Engineer Report as Figure 2. 4. Source: A. Source of

water: Groundwater tributary to Colorado River B. Depth of well: 60 feet. 5. Appropriation: A. Date of appropriation: April 9, 1991

B. How appropriation was initiated: By pumping of water and placement to beneficial use. C. Date water applied to beneficial use: April

9, 1991 5. Does the well withdraw tributary water? Yes A. Amount in gallons per minute: 5 gpm, absolute B. Amount claimed in acre

feet annually: Maximum of 0.1 acre feet. C. Evidence of use: Please see attached Exhibit 1 Engineering Report. 6. Does the well

withdraw nontributary water? No. 7. Does the well operate pursuant to a decreed plan for augmentation? Currently the Grizzly

Creek Well does not operate pursuant to a decreed plan for augmentation, but an application for a plan for augmentation is included

herein (see Third Claim for Relief below). 8. Uses: Commercial uses, including drinking and sanitary uses at CDOT’s Grizzly Creek

Rest Area. SECOND CLAIM FOR RELIEF (CONDITIONAL GROUND WATER RIGHT) 9. Name of well and permit number:

A. Grizzly Creek Rest Area Well B. Permit No. 158950 (a copy of the permit file is included as an attachment to the Engineering Report

prepared by Colorado River Engineering (“Engineering Report”) attached as Exhibit 1). A new permit, under section 37-90-137(2),

C.R.S. (2018), will be required for the uses requested by this Application. 10. Legal Description of Well: A. UTM Zone 13, Easting:

306588.6, Northing: 4381429.7 B. NW1/4 SW1/4, Sec. 5, T6S, R88W, 6th P.M., Garfield County, CO C. A map showing the location

of the Grizzly Creek Rest Area Well is included in the Exhibit 1 Engineer Report as Figure 2. 11. Source: A. Source of water:

Groundwater tributary to Colorado River B. Depth of well: 60 feet 12. Appropriation: A. Date of appropriation: Date of filing of

this application. B. How appropriation was initiated: By filing of this application. C. Date water applied to beneficial use: N/A. 13. Does

the well withdraw tributary water? Yes A. Amount in gallons per minute: 15 gpm, absolute B. Amount claimed in acre feet annually:

Maximum of 4.04 acre feet. C. Evidence of use: N/A 14. Does the well withdraw nontributary water? No 15. Does the well operate

pursuant to a decreed plan for augmentation? Currently the Grizzly Creek Well does not operate pursuant to a decreed plan for

augmentation, but an application for a plan for augmentation is included herein (see Third Claim for Relief below). 16. Uses:

Commercial uses, including drinking and sanitary uses at CDOT’s Grizzly Creek Rest Area. THIRD CLAIM FOR RELIEF (PLAN

FOR AUGMENTATION) 17. Name of structure to be augmented: Grizzly Creek Rest Area Well, further described above. 18.

Water rights to be used for augmentation: A. Green Mountain Reservoir, Consolidated Case Nos. 2782, 5016 and 5017, United States

District Court for the District of Colorado. i. Type of water right: storage ii. Source: Blue River, tributary to the Colorado River iii.





Legal description: In all or parts of sections 11, 12, 13, 14, 15 and 24, T2S, R80W, and sections 17, 18, 19, 20, 21, 28, 29, 33, 34, T2S,

R79W, 6th PM. iv. Appropriation date: August 1, 1935. v. Amount decreed: 154,645 acre feet, with a right to refill in the additional

amount of 6,316 acre-feet. vi. Decreed uses: Beneficial purposes other than irrigation B. Additional or alternative sources of replacement

water utilized pursuant to sections 37-92-305(8)(c) and/or 37-92-308, C.R.S. Procedures for adding additional or alternative sources of

replacement water shall be included in any decree entered in this case. 19. Does applicant intend to change a water right to provide

a source of augmentation? No 20. Complete statement of plan for augmentation: A. The Grizzly Creek Rest Area Well was

originally permitted as an exempt commercial well which allowed for drinking and sanitary uses at CDOT’s Grizzly Creek Rest Area

outside of Glenwood Springs. The well permit limited the well production to 0.1 acre-feet of annual diversions at a maximum pumping

rate of five gallons per minute, although the installed pump can pump up to 15 gallons per minute. Beginning in 2003, the original

composting toilets were replaced with flushing toilets and the original septic tank and leach field waste disposal system was replaced

with an on-site wastewater treatment facility (“WWTF”). The WWTF discharges treated effluent directly to the Colorado River. With

the change is treatment system, the annual water diversions increased beyond the well permit limitations. CDOT is seeking to divert at

a rate of 15 gallons per minute up to 4.04 acre-feet annually. Based on CDOT’s prior augmentation plan decreed in Case Nos. 00CW73

for other similar wells in the area, 15% of diversions from the Grizzly Creek Rest Area Well are assumed to be depletive, and 85% of

diversions are assumed to return to the Colorado River through the WWTF. Therefore, the maximum annual out-of-priority depletions

are 0.638 acre-feet. CDOT has a contract (No. 00XX6C0013) with the U.S. Bureau of Reclamation for 108 acre-feet annually from

Green Mountain Reservoir, which reservoir was decreed by the United States District Court for the District of Colorado in Consolidated

Case Nos. 2782, 5016 and 5017. CDOT’s Green Mountain Reservoir augmentation water is used in the augmentation plan decreed in

Case No. 00CW73, which currently includes average annual diversions of 15.43 acre feet and a maximum of 22.37 annual acre feet to

replace average depletions of 13.58 acre feet and maximum depletions of 19.84 acre-feet for structures subject to that augmentation

plan. CDOT therefore has sufficient remaining replacement water pursuant to its contract with the U.S. Bureau of Reclamation to replace

depletions associated with the Grizzly Creek Rest Area Well pursuant to the claimed plan of augmentation in this case. CDOT will

augment all out-of-priority depletions associated with the Grizzly Creek Rest Area Well, which accrue to the Colorado River, with water

from Green Mountain Reservoir or other sources allowed pursuant to sections 37-92-305(8)(c) and/or 37.-92-308, C.R.S. A. Does the

plan for augmentation include an exchange? No. 21. Names and addresses of owners or reputed owners of the land upon which

any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed

or upon which water is or will be stored: Not applicable.











18CW3214 PITKIN COUNTY – SNOWMASS CREEK, TRIBUTARY TO ROARING FORK RIVER. Steven Shane and Clare

Evert-Shane c/o Kevin L. Patrick, Esq. and John M. Sittler, Esq., Patrick, Miller & Noto, P.C., 229 Midland Ave., Basalt, CO 81621,

(970) 920-1030. APPLICATION TO MAKE WATER RIGHT ABSOLUTE. First Claim: Lutz Ditch, Shane Enlargement. Legal: The

point of diversion for the Lutz Ditch is located on the West bank of Snowmass Creek at a point whence the North Quarter Corner of

Section 27, Township 9 South, Range 86 West of the 6th P.M. bears North 3°30’ West, 2,600 feet. Source: Snowmass Creek, tributary

to Roaring Fork and Colorado Rivers. Appropriation date: July 10, 2018 by field inspection, location, monumentation and formulation

of intent to apply water to beneficial use. Amount: 0.1 c.f.s. conditional. Use: Irrigation of 2.0 acres and fire protection. Second Claim:

Appropriative Right of Exchange. Legal: Downstream exchange terminus: Green Mountain Reservoir: in all or parts of Sections 11, 12,

13, 14, 15, and 24 of Township 2 South, Range 80 West, and in Sections 17, 18, 19, 20, 21, 28, 29, and 34, Township 2 South, Range

79 West of the 6th P.M. Ruedi Reservoir: in Sections 7, 8, 9, 11, and 14 through 18, Township 8 South, Range 84 West of the 6th P.M.

The reservoir is located in portions of Eagle and Pitkin Counties. Robinson Ditch: The point of diversion as decreed is located on the

North bank of the Roaring Fork River one-half mile below the mouth of Sopris Creek in Section 11, T. 8 S., R. 87 West, 6th P.M.

Upstream exchange terminus: Lutz Ditch, Shane Enlargement, described in First Claim. Appropriation date: September 17, 2018, by

field inspection, formulation of intent to apply water to beneficial use, and application to BWCD for Inclusion and Allotment Contract.

Amount: 0.1 c.f.s. conditional with a volumetric limitation of 1.58 acre feet annually. Use: Exchange for irrigation and fire protection

purposes. A map of water right and irrigation area is on file with the court as Exhibit A. Map of Exchange Reach is on file with the court

as Exhibit B. The land where Lutz Ditch headgate is located is owned by Henry Ranch III LLC, c/o Stacey Wickersham, Wells Fargo,

101 N Phillips Avenue, Sioux Falls, SD 57104. Applicant owns the land where water is or will be put to use.













18CW3215 (09CW28). DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO, 109 - 8th Street, Suite 104,

Glenwood Springs, CO 81601. CONCERNING THE APPLICATION FOR WATER RIGHTS OF THE COLORADO RIVER

WATER CONSERVATION DISTRICT, EAGLE PARK RESERVOIR COMPANY, EAGLE RIVER WATER &

SANITATION DISTRICT, UPPER EAGLE REGIONAL WATER AUTHORITY and VAIL ASSOCIATES, INC., IN EAGLE,

GRAND, AND SUMMIT COUNTIES, COLORADO. APPLICATION TO MAKE WATER RIGHT ABSOLUTE AND FOR

FINDING OF REASONABLE DILIGENCE. 1. Name and address of applicants: Eagle Park Reservoir Company, Eagle River Water

& Sanitation District Upper Eagle Regional Water Authority, 846 Forest Road, Vail, CO 81657, Colorado River Water Conservation

District, acting by and through its Colorado River Water Projects Enterprise, P.O. Box 1120, Glenwood Springs, CO 81602, Vail

Associates, Inc., 390 Interlocken Crescent, Suite 1000, Broomfield, CO 80020. Copies of all pleadings to: Glenn E. Porzak, Kristin H.

Moseley, Porzak Browning & Bushong LLP, 2120 13th Street, Boulder, CO 80302, 303-443-6800. Peter C. Fleming, Jason V. Turner,

Colorado River Water Conservation District, 201 Centennial Street PO Box 1120, Glenwood Springs, CO 81602, 970-945-8522. P.

Fritz Holleman, Buchanan Sperling & Holleman PC, 1525 Spruce Street, Suite 200, Boulder, CO 80302, 303-431-9141. 2. Name of

structures: Homestake Reservoir, Green Mountain Reservoir, Wolford Mountain Reservoir and Ruedi Reservoir. 3. Description of

conditional water right: Including structure names, adjudication and appropriation dates, amount, sources, uses and previous cases: (a)

Applicants have the conditional right to augment by exchange, in combination with the exchanges decreed by the District Court in and

for Water Division No. 5 (the “Water Court”) in Case No. 98CW270, up to 4,000 acre-feet of water in Homestake Reservoir from July

1st of one year to June 30th of the following year for beneficial use by Applicants, and the Cities of Aurora and Colorado Springs pursuant

to various agreements with the Applicants. Homestake Reservoir is the storage component of the Homestake Project, which consists of

the following structures decreed by the Eagle County District Court in Civil Action No. 1193: (1) Homestake Conduit (a.k.a. Missouri

Tunnel).

Structure Absolute Amount

(i) French Creek Intake.

S. 82° 18.3' E. 20,988 ft. to NW corner Sect. 31, 60.1 cfs

T. 7 S., R. 80 W., 6th P.M., Eagle County, CO.

(ii) Fancy Creek Intake.

N. 85° 10.5' E. 25,280 ft. to NW corner Sect. 31, 38.6 cfs


(iii) Missouri Creek Intake.



(iv) Sopris Creek Intake.



(2) East Fork Conduit. The East Fork Conduit diverts water from the East Fork of Homestake Creek pursuant to its appropriation

of 70.8 cubic feet per second of time absolute and 189.2 cubic feet per second of time conditional therefrom and conveys these waters

to Homestake Reservoir for conveyance to Homestake Tunnel or storage in the reservoir. The East Fork Conduit has a capacity of 260

cubic feet per second of time and total length of approximately 3,093 feet. The point of diversion of said conduit is on East Fork

Homestake Creek at a point whence the Northwest corner of Section 31, T. 7 S., R. 80 W., 6 th P.M., bears N. 55° 40.5' E., 22,917 feet,

Eagle County, CO. (3) Homestake Tunnel. Homestake Tunnel under the Continental Divide for the conveyance of water into the

Arkansas River Basin with its intake located at a point under Homestake Reservoir whence the Northwest corner of Section 10, T. 9 S.,



R. 81 W., 6th P.M. bears S. 15°27'08" E. 26,173.03 feet appropriates a maximum amount of 10 cubic feet per second of time conditional

of water seeping and percolating into Homestake tunnel from former Water District No. 37 areas and 300 cubic feet per second of time

absolute from Middle Fork of Homestake Creek, at its said Northerly portal, its point of diversion. Said tunnel has a length of 27,400

feet and a capacity of 700 cubic feet per second of time. The tunnel will convey out of former Water District No. 37 up to 700 cubic

feet per second of time of waters appropriated by the tunnel from the Middle Fork of Homestake Creek, together with water appropriated

by the tunnel from the Homestake Creek and East Fork Conduits and Homestake Reservoir, to an outlet at a point from where the

Northwest corner of Section 10, T. 9 S., R. 81 W., 6th P.M. bears N. 6°40'52" E., a distance of 2,173.54 feet. (4) Homestake Reservoir.

Homestake Reservoir, also known as Elliott-Weers Reservoir, was decreed for 126,843.68 acre-feet conditional, of which 43,504.70

acre-feet has been made absolute. Homestake Reservoir is located on Homestake Creek with a dam whence the NW Corner of Section

31, Township 7 South, Range 80 West, 6th P.M. bears North 58° 30.6' E. 24,659 feet from the East dam abutment and North 62° 25.8'

E. 25,746 feet from the West dam abutment in Eagle County, CO. The sources of supply of said reservoir are (i) French Creek, Fancy

Creek, Missouri Creek, and Sopris Creek via the Homestake Conduit (aka Missouri Tunnel); (ii) East Fork of Homestake Creek via the

East Fork Conduit; and (iii) Middle Fork of Homestake Creek. Homestake Reservoir also conveys water from the Homestake Conduit

and the East Fork Conduit to Homestake Tunnel. (b) The following described water rights are the sources of water that can be used to

augment by exchange the out-of-priority, upstream diversions into storage at Homestake Reservoir: (1) Green Mountain Reservoir. Up

to 2,908 acre-feet per year from Green Mountain Reservoir, decreed by the United States District Court for the District of Colorado in

Consolidated Case Nos. 2782, 5016 and 5017, for 154,645 acre feet, with an appropriation date of August 1, 1935. Green Mountain

Reservoir is located on the Blue River in Sections 11, 12, 13, 14, 15 and 24, T. 2 S., R. 80 W., and Sections 18, 19, 20, 21, 28, 29 and

34, T. 2 S., R. 79 W., 6th P.M., Summit County, Colorado. The Eagle River Water & Sanitation District has a contract issued by the

U.S. Bureau of Reclamation (Contract No. 9-07-60-W0408) entitling it to the release of 934 acre feet annually from Green Mountain

Reservoir. The Upper Eagle Regional Water Authority has a contract issued by the U.S. Bureau of Reclamation (Contract No. 9-07-60-

W0413) entitling it to the release of 220 acre feet annually from Green Mountain Reservoir. Vail has three contracts issued by the U.S.

Bureau of Reclamation (Contract Nos. 9-07-60-W0420 (354 of 359 acre-feet), 5-07-60-W0404 (1,100 acre-feet), and 0-07-60-W0537

(300 acre-feet)) entitling it to the release of 1754 acre-feet annually from Green Mountain Reservoir. (2) Wolford Mountain Reservoir.

Up to 2,000 acre-feet of water per year from Wolford Mountain Reservoir (a/k/a Gunsight Pass Reservoir). Collectively, the Eagle

River Water & Sanitation District and the Upper Eagle Regional Water Authority have the contractual right to 1,000 acre-feet of water

from Wolford Mountain Reservoir pursuant to Contract Nos. CW08010 and CW08011. In addition, the Colorado River Water

Conservation District is the owner of additional Wolford Mountain Reservoir water and may use up to 1,000 acre feet of its additional

supply for the exchanges decreed in this case. The 1,000 acre-feet of water from Wolford Mountain Reservoir owned by the Colorado

River Water Conservation District will be utilized for exchange purposes subject to the Colorado River Water Conservation District’s

discretion, water availability, exchange capacity at both Homestake Reservoir and within the exchange reach, and the flow rates decreed

herein. Wolford Mountain Reservoir was decreed by the Water Court as follows: (i) Case No. 87CW283: Decree Date: November 20,

1989 Legal description of point of diversion or 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 W. 54°54'20" E. a distance

of 3,716.46 feet from the NW Corner of said Section 25. 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.

95CW281 Appropriation Date: December 14, 1987 Decreed Use: All beneficial uses, including but not limited to domestic, municipal,

agricultural and recreational uses. (ii) Case No. 95CW281: Decree Date: August 26, 1997 Legal description of point of diversion or

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 Colorado River Water Conservation

District, 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, 1995Decreed Use: All beneficial uses by and for the benefit of the inhabitants of the Colorado River

Water Conservation District, 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. (iii) Case No. 98CW237

Decree Date: July 6, 2000. Legal Description of place of storage: Same as for 95CW281. Source: Muddy Creek and its tributaries

Amount: 30,000 acre-feet conditional with 15,895 AF 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 Water Court

Case No. 87CW283 (November 20, 1989 Judgment and Decree), and Water Court Case No. 95CW281 (August 26, 1997 Judgment and

Decree). (iv) Case No. 03CW302: Decree Date: October 19, 2014 Legal Description of place of storage: Same as for 95CW281.

Source: Muddy Creek and its tributaries Amount: 9,775 acre-feet conditional for the initial fill with the right to refill when in priority

subject to a maximum refill amount of 9,775 acre-feet conditional. Appropriation Date: November 17, 2003 Use: the purposes

previously decreed to the Wolford Mountain Reservoir, including uses consistent with the Windy Gap Settlement made with the

Municipal Subdistrict of the Northern Colorado Water Conservancy District, meeting the water requirements of the inhabitants of the



River District for all uses, and uses consistent with the terms of a lease agreement executed March 3, 1987, between the River District

and the City and County of Denver, as amended. This storage right may also be used for all beneficial uses, including, but not limited

to, municipal, commercial, industrial, domestic, irrigation, agricultural, livestock, hydro-power production, evaporation, piscatorial, and

recreational (including in-reservoir and in-river fish habitat and river flow maintenance and enhancement uses and uses in furtherance

of the Upper Colorado River Basin Fishes Recovery Program) with the right to reuse and successively use the water to extinction; 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, replacement, or exchange in Water Division Nos.

1, 2, and/or 5. (3) Ruedi Reservoir. Alternately, the Wolford Mountain Reservoir water available to Applicants for the augmentation by

exchange contemplated herein may be delivered from Ruedi Reservoir when the call is below the confluence of the Roaring Fork and

Colorado Rivers. Ruedi Reservoir was decreed by the Garfield County District Court in Civil Action No. 4613 for domestic, municipal,

irrigation, industrial, generation of electrical energy, stock watering and piscatorial uses, with an appropriation date of July 29, 1957.

By subsequent order of the Water Court entered in Case No. W-789-76, the decreed amount of this reservoir has been fixed at 102,369

acre-feet. 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,

and derives its water supply from the Fryingpan River. When the decree was entered in Case No. 09CW28, the Colorado River Water

Conservation District, acting by and through its Colorado River Water Projects Enterprise (“Colorado River District”), had four contracts

issued by the U.S. Bureau of Reclamation (Contract Nos. 009D6C0111, 009D6C0118, 039F6C0011, and 079D6C0106) entitling it to

the release of 6,730 acre-feet annually from Ruedi Reservoir for municipal and industrial use. The decree is Case No. 09CW28 expressly

noted that the River District may seek such future contracts as may be required. Following entry of the decree in Case No. 09CW28,

the Colorado River District secured contract number 139D6C0101 (4,683.5 AF) from the United States Bureau of Reclamation for a

total of 11,413.5 acre feet of annual supply from Ruedi Reservoir. (c) Applicants have the conditional right to augment out-of-priority

upstream diversions into storage at Homestake Reservoir. To permit the requested out-of-priority diversions into storage, Applicants

cause the release of or otherwise commit to the Colorado River, in combination with releases or replacement under Case No. 98CW270,

up to 4,000 acre-feet of water from July 1st of one year to June 30th of the following year from any part or combination of the reservoirs

described in paragraph 3(b) above. Such reservoir releases may be in addition to releases made to offset the imposition of reasonable

transit losses. (1) Description of the Homestake Exchanges. The twelve appropriative rights of exchange decreed herein involve twelve

exchange reaches and three sources of substitute supply. The downstream terminus of the exchanges involving the use of Green

Mountain Reservoir and/or Wolford Mountain Reservoir as described in paragraphs 3(b)(1) and (2) above, is the confluence of the

Colorado River and the Eagle River, and the confluence of the Colorado and Roaring Fork Rivers in the case of the use of Ruedi

Reservoir described in paragraph 3(b)(3) above. The upstream termini of the subject exchanges include the French Creek Intake, Fancy

Creek Intake, Missouri Creek Intake, Sopris Creek Intake, East Fork Conduit, and the Homestake Reservoir as supplied by the Middle

Fork of Homestake Creek and its associated tributaries, which are more fully described in paragraphs 3(a) above. The twelve individual

exchanges that collectively comprise and are referred to herein as the “Homestake Exchanges,” are as follows:

HOMESTAKE EXCHANGES

No. Source of Supply Exchange From Exchange To Exchange Rate (cfs)

Cond. Abs. Total

1

Green Mountain

Reservoir,

¶3(b)(1)

and

Wolford

Mountain

Reservoir,

¶3(b)(2)

Confluence of

the Eagle and

Colorado

Rivers

French Creek Intake ¶3(a)(1)(i) 60.1 --

60.1

2 Fancy Creek Intake ¶3(a)(1)(ii) 38.6 -- 38.6

3 Missouri Creek Intake ¶3(a)(1)(iii) 39.8 -- 39.8

4 Sopris Creek Intake ¶3(a)(1)(iv) 41.3 -- 41.3

5 East Fork Conduit ¶3(a)(2) 70.8 -- 70.8

6 Homestake Reservoir* ¶3(a)(4) 100 -- 100

7

Ruedi Reservoir,

¶3(b)(3)

Confluence of

the Roaring

Fork and

Colorado

Rivers

French Creek Intake ¶3(a)(1)(i) 60.1 -- 60.1

8 Fancy Creek Intake ¶3(a)(1)(ii) 38.6 -- 38.6

9 Missouri Creek Intake ¶3(a)(1)(iii) 39.8 -- 39.8

10 Sopris Creek Intake ¶3(a)(1)(iv) 41.3 -- 41.3

11 East Fork Conduit ¶3(a)(2) 70.8 -- 70.8



12 Homestake Reservoir* ¶3(a)(4) 100 -- 100

*Homestake Reservoir as supplied by Middle Fork of Homestake Creek and its associated tributaries.

(2) Amount. i. Exchange Rate. The exchange rates are set forth in the table above subject to a maximum, cumulative rate of 100 cfs,

conditional. ii. Annual Volumetric Limit. The annual volumetric limit for the Homestake Exchanges is, in combination with the

exchanges decreed in Case No. 98CW270, up to 4,000 acre-feet from July 1st of one year to June 30th of the following year, which is

the maximum amount of Exchange Credit Balance the Applicants are entitled to under the 2010 Consolidated Water Exchange

Agreement with the Cities of Colorado Springs and Aurora. (3) Priority date. The date of appropriation for the Homestake Exchanges

is June 21, 2004, administered as having been filed in 2009. (4) Use. The Applicants may use the stored water for direct uses, and/or

the augmentation of out-of-priority depletions within the Eagle River basin and its tributaries under the decreed augmentation plans

identified in Exhibit A, and subject to the terms and conditions of those plans. In addition, Applicants may use the stored water for

direct use within the Eagle River basin and its tributaries for municipal, domestic, irrigation, commercial, industrial, and snowmaking

purposes. Any additional augmentation use of the water decreed herein shall be pursuant to new plans for augmentation within the

Eagle River basin and its tributaries approved by the Water Court or temporary substitute water supply plans approved by the State

Engineer pursuant to C.R.S. § 37-92-308. (5) Map. A map of the Homestake Exchanges is attached as Exhibit B. 4. Absolute diversion

of Homestake Exchanges: In 2004 through 2006, and again in 2013, the Homestake Exchanges occurred during the months of July and

early August from Wolford Mountain Reservoir and Green Mountain Reservoir. The maximum daily rate of the combined Homestake

Exchanges in 2004 was 47.5 cfs and the volume of the Homestake Exchanges was 778.52 acre feet for all decreed uses. Thus, Applicants

seek to make absolute 47.5 cfs of the 100 cfs Exchange Rate of the Homestake Exchanges from Wolford Mountain Reservoir and Green

Mountain Reservoir for all decreed beneficial uses. As the 4,000 acre feet Annual Volumetric Limit is a limit on the Exchange Rate

and not an independent conditional component of the Homestake Exchanges, the 778.52 acre feet of the 4,000 acre feet Annual

Volumetric Limit that has occurred does not need to be made absolute. 5. Detailed outline of work done to maintain diligence: The

Water Court decreed in Case No. 09CW28 that the twelve individual exchanges comprising the Homestake Exchanges, as described

above, are all components of an integrated project or system such that work on one feature of the project or system shall be considered

in finding whether reasonable diligence has been shown in the development of the exchange rights for all features of the entire project

or system pursuant to C.R.S. § 37-92-301(4)(b). All of the physical structures associated with the subject conditional exchanges have

been constructed. Therefore, no additional permitting or construction of water diversion or storage structures is necessary to make the

subject conditional exchanges absolute. Instead, the conditional exchange rights will be made absolute as river conditions, hydrology,

and the Applicants’ demands allow. During the subject diligence period, the Applicants expended significant sums toward the operation,

maintenance, and repair of the physical structures necessary to operate the subject exchanges, and made additional expenditures toward

protection of the absolute and conditional water rights associated with the subject exchanges. The following expenditures were incurred:

(a) Applicant Eagle River Water & Sanitation District incurred capital costs and expenditures totaling $1,016,250 for contract fees

associated with its Wolford Mountain contract water, $189,178 associated with its Green Mountain Reservoir contract water, and a

cumulative total of over $21,000,000 during the diligence period to operate, protect, maintain, upgrade, and expand its water facilities.

All such expenditures are necessary steps in the development of the its integrated water supply system and the Homestake Exchanges.

(b) Applicant Upper Eagle Regional Water Authority incurred capital costs and expenditures during the requisite diligence period

totaling $1,018,750 for contract fees associated with its Wolford Mountain contract water, $61,680 associated with its Green Mountain

Reservoir contract water and a cumulative total of over $67,000,000 during the diligence period to operate, protect, maintain, upgrade,

and expand its water facilities. All such expenditures are necessary steps in the development of the its integrated water supply system

and the Homestake Exchanges. (c) Applicant, the Colorado River District incurred capital costs and expenditures during the diligence

period totaling more than $3,300,000 on the operation, maintenance, and repair of Wolford Mountain Reservoir, which is a critical

structure and source of replacement supply for the exchanges that are the subject of this application. In addition thereto, the Colorado

River District incurred capital costs and expenditures during the diligence period totaling more than $8,500,000 on contract acquisitions

and payments necessary to secure the supply of Ruedi Reservoir water authorized as a source of replacement water for the exchanges

that are the subject of this application. The Colorado River District incurred substantial additional costs (including but not limited to

staff time) related to its ownership interest in the Eagle Park Reservoir Company, through which the subject exchanges are decreed and

coordinated, and to general activities and advocacy necessary for the development of its conditional water rights portfolio in the Colorado

River basin. (d) Applicant Vail Associates, Inc. (“Vail”) incurred expenses during the diligence period of over $615,000 for contract

fees associated with its Green Mountain Reservoir contract water, a source of replacement supply for the exchanges that are the subject

of this application. In addition, Vail incurred capital costs and expenditures of over $12,656,000 during the diligence period to plan,

operate, protect, maintain, upgrade, and expand its snowmaking water facilities at Vail Mountain and Beaver Creek ski areas. The

Homestake Exchanges are also a source of supply for the Red Sky Ranch development. Red Sky Ranch is a 780 acre residential and

golf course development, which includes homes, two golf courses, open space and other recreational amenities. Vail has incurred

significant additional expense during the diligence period on investigations and capital improvements related to the Red Sky Ranch

water supply facilities. Vail incurred substantial additional costs related to its ownership interest in the Eagle Park Reservoir Company,

through which the subject exchanges are decreed and coordinated. All of the foregoing activities and expenditures are necessary steps

in the development of Vail’s integrated water supply system, including the Homestake Exchanges. 6. Owners of land: Homestake



Reservoir is owned by the City of Aurora whose address is 15151 E. Alameda Parkway, Suite 3600, Aurora, CO 80012, and the City of

Colorado Springs, 30 S. Nevada Avenue, Colorado Springs, CO 80903; Green Mountain Reservoir and Ruedi Reservoir are owned by

the United States Bureau of Reclamation whose address is Eastern Colorado Area Office, 11056 W. County Rd. 18E., Loveland, CO

80537-9711; and Wolford Mountain Reservoir is located on land owned by applicant Colorado River Water Conservation District acting

by and through its Colorado River Water Projects Enterprise and the United States Bureau of Land Management, Kremmling Field

Office, P.O. Box 68, Kremmling, CO 80459. WHEREFORE, the Applicants request that this Court enter a decree which determines

that Applicants have made absolute 47.5 cfs of the Homestake Exchanges from Wolford Mountain Reservoir and Green Mountain

Reservoir for all decreed beneficial uses; that the Annual Volumetric Limit is not an independent conditional component of the

Homestake Exchanges; and that the Applicants have exercised reasonable diligence with respect to the remaining subject conditional

water rights not made absolute and continues those conditional water rights in full force and effect. (17 Pages including Exhibits)











18CW3216 (09CW192). DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO, 109 Eighth Street, Suite 104,

Glenwood Springs, CO 81601. CONCERNING THE APPLICATION FOR WATER RIGHTS OF THE UPPER EAGLE REGIONAL

WATER AUTHORITY, IN EAGLE, GRAND, AND ROUTT COUNTIES, COLORADO, APPLICATION FOR FINDING OF

REASONABLE DILIGENCE 1. Name and Address of Applicant: Upper Eagle Regional Water Authority (“Authority”), c/o

Manager, 846 Forest Road, Vail, Colorado 81657. Direct all pleadings to: Glenn E. Porzak, Kristin H. Moseley, Cassidy L. Woodard,

Porzak Browning & Bushong LLP, 2120 13th Street, Boulder, CO 80302, (303) 443-6800. 2. Description of Conditional Water Rights:

A. Wolford Mountain Reservoir Exchanges. i. Original Decree: Decreed by the District Court in and for Water Division No. 5 (“Water

Court”) in Case No. 09CW192 on December 23, 2012. ii. Decreed Locations: a. Downstream Terminus: the confluence of the Colorado

River and the Eagle River, located at a point in the SW1/4 NW1/4 of Section 5, T. 5 S., R. 86 W. of the 6th P.M., 2,020 feet west of the

east section line and 2,625 feet south of the north section line of said Section 5. b. Upstream Termini: the following described structures,

which are also depicted on the map attached as Exhibit A: I. The following structures located on the Eagle River and used by the

Authority pursuant to previous decrees of the Water Court, including, but not limited to Case Nos. 85CW608 through 85CW613 and

Case No. 00CW83: (1) Metcalf Headgate, located in the SE1/4 SW1/4 of Section 7, T. 5 S., R. 81 W. of the 6th P.M. at a point 870 feet

from the south section line and 1,485 feet from the west section line; and (2) Raw Water Booster Pump Headgate, located in the NW1/4

NW1/4 of Section 12, T. 5 S., R. 82 W. of the 6th P.M. at a point 1,165 feet from the north section line and 480 feet from the west

section line. II. UERWA Point A, located on Lake Creek in the SE1/4 NE1/4 of Section 6, T. 5 S., R. 82 W. of the 6th P.M. at a point

1,700 feet from the north section line and 410 feet from the east section line. This diversion was decreed in Water Court Case No.

93CW291 for 11.6 cfs. III. The following wells located in the Eagle River alluvium and decreed in Water Court Case Nos. W-3999,

82CW228, 84CW200, 84CW233, 88CW268, and 85CW613: (1) June Creek Ranch Well No. 2, located in the NW1/4 SW1/4 of Section

4, T. 5 S., R. 82 W. of the 6th P.M. at a point 2,240 feet from the south section line and 510 feet from the west section line, decreed for

1.11 cfs; and (2) June Creek Ranch Well No. 6, located in the NW1/4 SW1/4 of Section 4, T. 5 S., R. 82 W. of the 6th P.M. at a point

1,680 feet from the south section line and 760 feet from the west section line, decreed for 0.891 cfs. V. Edwards Water Facility, being

a point located in the NW1/4 SW1/4 of Section 4, T. 5 S., R. 82 W. of the 6th P.M. on the northerly bank of the Eagle River at a point

1,393 feet from the south section line and 654 feet from the west section line. This structure was decreed as an alternate point of diversion

for water rights owned by the Authority in Case No. 00CW83 and as a point of diversion for 0.4 cfs in Case No. 02CW403. VI.

The following wells located in the Gore Creek alluvium and decreed in Water Court Case Nos. 94CW22 and 93CW316: (1) Well R1,

located in the SE1/4 SE1/4 of Section 3, T. 5 S., R. 80 W. of the 6th P.M. at a point 1,095 feet from the south section line and 1,256 feet

from the east section line, decreed for 2 cfs; (2) Well R2, located in the SE1/4 SW1/4 of Section 3, T. 5 S., R. 80 W. of the 6th P.M. at

a point 900 feet from the south section line and 2,365 feet from the west section line, decreed for 2.5 cfs; (3) Well R 4, located in the

NE1/4 NW1/4 of Section 9, T. 5 S., R. 80 W. of the 6th P.M. at a point 575 feet from the north section line and 2,000 feet from the west

section line, decreed for 2.0 cfs; and (4) Well R7, located in the SE1/4 SE1/4 of Section 3, T. 5 S., R. 80 W. of the 6th P.M. at a point

815 feet from the south section line and 575 feet from the east section line, decreed for 5.35 cfs. iii. Source: Wolford Mountain Reservoir

(a/k/a Gunsight Pass Reservoir), the dam of which is located in the SW1/4 NE1/4 of Section 25, T. 2 N., R. 81 W. of the 6th P.M. The

source of said reservoir is Muddy Creek and its tributaries, which are tributary to the Colorado River. The Authority’s right to use

Wolford Mountain Reservoir is pursuant to Colorado River Water Conservation District (“River District”) Contract Nos. CW08011,



CW02020, and CW03005. Wolford Mountain Reservoir is decreed by the Water Court as follows, and as said reservoir may be enlarged

in the future: a. Case No. 87CW283, decreed on November 20, 1989. 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. Wolford Mountain Reservoir

was decreed for 59,993 acre-feet conditional, of which 32,986 acre-feet were made absolute for piscatorial and recreational uses by

decree entered in Water Court Case No. 95CW287 and the entire 59,993 acre-feet was made absolute for all decreed purposes in Water

Court Case No. 02CW107. The appropriation date is December 14, 1987, and the decreed uses are all beneficial uses, including, but not

limited to, domestic, municipal, agricultural, and recreational uses. b. Case No. 95CW281, decreed on August 26, 1997. 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 River District, 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. The Wolford Mountain Reservoir Enlargement (“WMR Enlargement”) was decreed for an additional

6,000 acre-feet, conditional, with an appropriation date of January 16, 1995, which was made absolute in Water Court Case No.

03CW192, decreed on May 24, 2004. The decreed uses are all beneficial uses by and for the benefit of the inhabitants of the River

District, 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. c. Case No. 98CW237, decreed on July 6, 2000. The legal

description of the Wolford Mountain Reservoir was decreed the same as the as-built legal description from Case No. 95CW281 in

Paragraph 2.A.iii.b. above. Wolford Mountain Reservoir was decreed for 30,000 acre-feet conditional with 15,895 acre-feet being

absolute for recreational, piscatorial, and flood control. In Water Court Case No. 13CW3008, decreed on January 24, 2014, 12,856 acre-

feet was made absolute for all uses, leaving 14,105 acre-feet conditional for recreation, piscatorial, and flood control purposes and

17,144 acre feet for all other decreed purposes other than recreation, piscatorial, and flood control. The appropriation date is November

17, 1998. The uses are those uses decreed by the Water Court previously in Case Nos. 87CW283 and 95CW281, described in Paragraphs

2.A.iii.a to 2.A.iii.b. above. d. Case No. 03CW302, decreed on October 19, 2014. The legal description of the Wolford Mountain

Reservoir was decreed the same as the as-built legal description from Case No. 95CW281 in Paragraph 2.A.iii.b. above. The Wolford

Mountain Reservoir Second Enlargement (“WMR Second Enlargement”) was decreed for 9,775 acre-feet conditional for the initial fill

with the right to refill when in priority subject to a maximum refill amount of 9,775 acre-feet conditional. The appropriate date is

November 17, 2003. The WMR Second Enlargement may be used for the purposes previously decreed to the Wolford Mountain

Reservoir, including uses consistent with the Windy Gap Settlement made with the Municipal Subdistrict of the Northern Colorado

Water Conservancy District, meeting the water requirements of the inhabitants of the River District for all uses, and uses consistent with

the terms of a lease agreement executed March 3, 1987, between the River District and the City and County of Denver, as amended.

The WMR Second Enlargement storage right may also be used for all beneficial uses, including, but not limited to, municipal,

commercial, industrial, domestic, irrigation, agricultural, livestock, hydro-power production, evaporation, piscatorial, and recreational

(including in-reservoir and in-river fish habitat and river flow maintenance and enhancement uses and uses in furtherance of the Upper

Colorado River Basin Fishes Recovery Program) with the right to reuse and successively use the water to extinction; 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, replacement, or exchange in Water Division Nos. 1, 2, and/or

5. iv. Appropriation Date: May 25, 2006, with a 2009 filing year for the subject exchanges. v. Amount: up to 500 consumptive acre-feet

of water per year (less transport losses from the replacement source). vi. Uses: municipal uses (to include all municipal uses, including

without limitation domestic, irrigation, commercial, industrial, and recreational uses). vii. Remarks: A map depicting the Wolford

Mountain Reservoir Exchanges is attached as Exhibit B. B. Ruedi Reservoir Exchanges. i. Original Decree: Decreed by the Water Court

in Case No. 09CW192 on December 23, 2012. ii. Decreed Locations: a. Downstream Terminus: the confluence of the Roaring Fork

River and the Colorado River, located at a point in the SE1/4 NW1/4 of Section 9, T. 6 S., R. 89 W. of the 6th P.M., 2,300 feet east of

the west section line and 2,150 feet south of the north section line of said Section 9. b. Upstream Termini: those structures identified

and described above in Paragraph 2.A.ii.b. and depicted on the map attached as Exhibit A. iii. Source: Ruedi Reservoir. The Authority

has three contracts with the River District (Contract Nos. CW08011, CW02020, and CW03005) that supply Ruedi Reservoir water for

use in this case. The River District holds Contract Nos. 009D6C0111, 009D6C0118, 039F6C0011, 079D6C0106 and 139D6C0101 from

the United States Bureau of Reclamation for 11,413.5 acre-feet of annual supply from Ruedi Reservoir. a. 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. of the 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. b. Source: Fryingpan River, tributary to the Roaring Fork River, tributary to the Colorado

River. c. Previous Storage Decrees: I. Garfield County District Court Civil Action No. 4613, decreed on June 20, 1958. Ruedi Reservoir

was decreed for 140,697.3 acre-feet, which was 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. The appropriation date is July 29, 1957, for domestic, municipal, irrigation,

industrial, generation of electrical energy, stock watering, and piscatorial uses. II. Water Court Case No. 84CW34, decreed on April 8,

1985. Ruedi Reservoir was decreed a refill right in the amount of 101,280 acre-feet, of this amount 44,509 acre-feet was made absolute

in Case No. 95CW95 and 25,257 acre-feet was made absolute in Case No. 01CW269 for a total of 69,766 acre-feet absolute. The



appropriation date is January 22, 1981, for 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. iv.Appropriation Date: February 10, 2009. v. Amount: up to 500 consumptive acre-feet of water per year

(less transport losses from the replacement source). vi. Uses: municipal uses (to include all municipal uses, including without limitation

domestic, irrigation, commercial, industrial, and recreational uses). vii. Remarks: The Ruedi Reservoir Exchanges will be used in

addition to and substitution for the Wolford Mountain Reservoir Exchanges in appropriate circumstances where Ruedi Reservoir water

is physically equivalent to Wolford Mountain Reservoir water. A map depicting the Ruedi Reservoir Exchanges is attached as Exhibit

B. 3. Claim for Findings of Reasonable Diligence: The Authority is a quasi-municipal entity that provides water service to customers in

Eagle-Vail, Avon, Beaver Creek, Bachelor Gulch, Arrowhead, Berry Creek, Edwards, and Cordillera. The Authority’s service area is

depicted on the map attached as Exhibit A. The Authority and the Eagle River Water & Sanitation District, which are managed by the

same staff, comprise the second largest water and wastewater provider on the Western Slope. These two entities are required to meet

the water demands of more than 65,000 residents in Eagle County and over 2.2 million annual recreational visitors to the Vail and

Beaver Creek ski areas. The subject exchanges are necessary to meet the Authority’s demands for domestic, irrigation, recreation, and

other municipal uses within the Authority’s service area as that area grows. The Authority’s need for the exchanges is critical during the

winter ski season when peak demands necessitate providing water for tourists, day skiers, second homeowners, and workers who

commute into the service area every day and use water provided by the Authority. The subject exchanges are necessary for the

Authority’s planning for population increases and increased water demands caused by skiers and tourists. According to Eagle County’s

2005 Comprehensive Plan, the County population will increase from approximately 54,772 residents in 2017 to 88,000 by 2030. As one

of the main providers of water in Eagle County, the Authority requires the subject exchanges in order to serve the projected population

growth in Eagle County in general. The subject exchanges are crucial for allowing the Authority to fully utilize its contract water in

Wolford Mountain Reservoir and Ruedi Reservoir. Such exchanges provide the Authority with the flexibility necessary to manage its

water right portfolio in a manner that maximizes beneficial use, which is crucial to meeting demand from continued development in the

Vail and Eagle River Valleys. The Authority seeks a finding of reasonable diligence for the above-described exchanges for their full

conditional amounts and uses. In support of its claim for findings of reasonable diligence, the Authority has engaged in numerous

activities during the relevant period that demonstrate diligence toward the application of the exchanges to their decreed beneficial uses.

The Authority operates an integrated water system, i.e., a single, unified municipal water system in which work done on any component

of the system advances the whole. The Authority has incurred capital costs and expenditures of over $67,000,000 during the diligence

period to operate, protect, maintain, upgrade, and expand its water facilities. All such expenditures are necessary steps in the

development of the Authority’s integrated water supply system and the subject exchanges. With respect to the specific water rights

included in this Application, the Authority has incurred in excess of $1 million during the diligence period, including the following

activities: A. Approximately $1 million paid in annual contract fees to the River District to maintain the Authority’s Wolford Mountain

Reservoir water contracts. B. Metcalf Headgate: improved Eagle River diversion and intake structures and installed access ports on

Metcalf Ditch Pipeline for inspection and maintenance. C. Raw Water Booster Pump Headgate: constructed intake improvements,

including hydroscreen to reduce uptake of sediment. All of the above activities are necessary prerequisites to applying the subject

exchanges to beneficial use. The Authority believes that it can and will complete the appropriation of the exchanges within a reasonable

time and intends to perfect the subject water rights within a reasonable time for use to meet the Authority’s water service demands. 4.

Ownership: A. The Metcalf Headgate, Raw Water Booster Pump Headgate, UERWA Point A, Edwards Water District Well No. 2, June

Creek Ranch Well No. 2, June Creek Ranch Well No. 6, and Edwards Water Facility are owned by the Authority. B. Well R1, Well

R2, Well R4, and Well R7 are owned by the Eagle River Water & Sanitation District. C. Wolford Mountain Reservoir is owned by the

River District, 201 Centennial, Suite 200, Glenwood Springs, CO 81601, and the United States Bureau of Land Management, Kremmling

Field Office, P.O. Box 68, Kremmling, CO 80459. Ruedi Reservoir is owned by the United States of America, Eastern Colorado Area

Office, 11056 W. County Rd. 18E, Loveland, CO 80537-9711. The Authority has contractual rights to use water from both reservoirs.

WHEREFORE, the Authority seeks a finding that it has exercised reasonable diligence with respect to the water rights described in

Paragraph 2, above, and such other and further relief as this Court deems just and proper. (12 Pages including Exhibits)













18CW3217 ROUTT COUNTY. 1. Name, address, telephone number of applicant: United States Department of the Interior, Bureau

of Land Management, Colorado River Valley Field Office, 2300 River Frontage Road, Silt, CO 81652. 2. Name of structures: Boulder

Spring, Downed Timber Spring, Flat Rock Spring, Ghost Forest Spring, Gurgling Rock Spring, Never Ending Spring, No Surprise

Spring, Not Snowmelt Spring, Oozing Spring, Soggy Grass Spring, Surprise Spring, King Mountain Spring 1,King Mountain Spring 3,

King Mountain Spring 4, King Mountain Spring 6. 3. Legal description of point of diversion: All UTM data are from Zone 13 and

use the NAD 83 (CONUS) Datum. Boulder Spring: Located on public lands in the SE/4 SW/4, Section 31, T1N R84W, Sixth P.M.,

approximately 651 feet from the south section line and 2,074 feet from the west section line. 341397mE 4429839mN Downed Timber

Spring: Located on public lands in the SW/4 SE/4, Section 6, T1S R84W, Sixth P.M., approximately 408 feet from the south section

line and 1,779 feet from the east section line. 342318mE 4428583mN Flat Rock Spring: Located on public lands in the NW/4 SE/4,

Section 6, T1S R84W, Sixth P.M., approximately 1,996 feet from the south section line and 2,369 feet from the east section line.

342150mE 4429063mN Ghost Forest Spring: Located on public lands in the NW/4 SE/4, Section 6, T1S R84W, Sixth P.M.,

approximately 1,502 feet from the south section line, and 1,579 feet from the east section line. 342386mE 4428916mN Gurgling Rock

Spring: Located on public lands in the SW/4 SE/4, Section 31, T1N R84W, Sixth P.M., approximately 1,137 feet from the south section

line, and 1,684 feet from the east section line. 341897mE 4429976mN Never Ending Spring: Located on public lands in the NW/4

NE/4, Section 8, T1S R84W, Sixth P.M., approximately 495 feet from the north section line, and 2,179 feet from the east section line.

343854mE 4428277mN No Surprise Spring: Located on public lands in the NW/4 SE/4, Section 33, T1N R84W, Sixth P.M.,

approximately 2,353 feet from the south section line, and 2,020 feet from the east section line. 345086mE 4430285mN Not Snowmelt

Spring: Located on public lands in the SE/4 SE/4, Section 31, T1N R84W, Sixth P.M., approximately 1,172 feet from the south section

line, and 590 feet from the east section line. 3442227mE 4429984mN Oozing Spring: Located on public lands in the SE/4 SE/4, Section

6, T1S R84W, Sixth P.M., approximately 798 feet from the south section line, and 547 feet from the east section line. 342695mE

4428694mN Soggy Grass Spring: Located on public lands in the NW/4 NE/4, Section 8, T1S R84W, Sixth P.M., approximately 122

feet from the north section line, and 2,283 feet from the east section line. 343822mE 4428393mN Surprise Spring: Located on public

lands in the SW/4 SE/4, Section 33, T1N R84W, Sixth P.M., approximately 646 feet from the south section line, and 1337 feet from the

east section line. 345284mE 4429743mN King Mountain Spring 1: Located on public lands in the NW/4 SE/4, Section 6, T1S R84W,

Sixth P.M., approximately 2,274 feet from the south section line, and 1,909 feet from the east section line. 342290mE 4429153mN

King Mountain Spring 3: Located on public lands in the NW/4 SE/4, Section 6, T1S R84W, Sixth P.M., approximately 2,594 feet from

the south section line, and 1,840 feet from the east section line. 342317mE 4429254mN King Mountain Spring 4: Located on public

lands in the NE/4 SE/4, Section 6, T1S R84W, Sixth P.M., approximately 2,265 feet from the south section line, and 365 feet from the

east section line. 342761mE 4429140mN King Mountain Spring 6: Located on public lands in the NW/4 SE/4, Section 32, T1N R84W,

Sixth P.M., approximately 1,519 feet from the south section line, and 1,779 feet from the east section line. 343518mE 4430050mN 4.

Source: Boulder Spring: Unnamed tributary to King Creek/Egeria Creek/Rock Creek/Colorado River Downed Timber Spring:

Unnamed tributary to Red Dirt Creek/Egeria Creek/Rock Creek/Colorado River Flat Rock Spring: Unnamed tributary to Sutton

Creek/King Creek/Egeria Creek/Rock Creek/Colorado River Ghost Forest Spring: Unnamed tributary to Sutton Creek/King

Creek/Egeria Creek/Rock Creek/Colorado River Gurgling Rock Spring: Unnamed tributary to King Creek/Egeria Creek/Rock

Creek/Colorado River Never Ending Spring: Unnamed tributary to Red Dirt Creek/Egeria Creek/Rock Creek/Colorado River No

Surprise Spring: Unnamed tributary to Red Dirt Creek/Egeria Creek/Rock Creek/Colorado River Not Snowmelt Spring: Unnamed

tributary to King Creek/Egeria Creek/Rock Creek/Colorado River Oozing Spring: Unnamed tributary to Red Dirt Creek/Egeria

Creek/Rock Creek/Colorado River Soggy Grass Spring: Unnamed tributary to Red Dirt Creek/Egeria Creek/Rock Creek/Colorado River

Surprise Spring: Unnamed tributary to Red Dirt Creek/Egeria Creek/Rock Creek/Colorado River King Mountain Spring 1: Unnamed

tributary to Red Dirt Creek/Egeria Creek/Rock Creek/Colorado River King Mountain Spring 3: Unnamed tributary to Red Dirt

Creek/Egeria Creek/Rock Creek/Colorado River King Mountain Spring 4: Unnamed tributary to Red Dirt Creek/Egeria Creek/Rock

Creek/Colorado River King Mountain Spring 6: Unnamed tributary to Sutton Creek/King Creek/Egeria Creek/Rock Creek/Colorado

River 5 A. Dates of appropriation: 12/31/2018 B. How appropriation was initiated: Bureau of Land Management (BLM) personnel

inventoried the quantity and quality of water available for livestock and wildlife use. BLM provided notice of the appropriation by

filing this application with the water court. C. Date water applied to beneficial use: 12/31/2018 6. Amount claimed: Boulder Spring:

0.0012 cfs, absolute Downed Timber Spring: 0.0018 cfs, absolute Flat Rock Spring: 0.0006 cfs, absolute Ghost Forest Spring: 0.0006

cfs, absolute Gurgling Rock Spring: 0.0165 cfs, absolute\ Never Ending Spring: 0.0038 cfs, absolute No Surprise Spring: 0.0012 cfs,

absolute Not Snowmelt Spring: 0.0006 cfs, absolute Oozing Spring: 0.0006 cfs, absolute Soggy Grass Spring: 0.0006 cfs, absolute

Surprise Spring: 0.0006 cfs, absolute King Mountain Spring 1: 0.0033 cfs, absolute King Mountain Spring 3: 0.0006 cfs, absolute King

Mountain Spring 4: 0.0022 cfs, absolute King Mountain Spring 6: 0.0006 cfs, absolute 7. Use(s): Livestock and wildlife. The springs

provide water for a herd of up to 350 cattle on the North King Mountain Allotment or for a herd of up to 330 cattle on the King Mountain

Allotment. The springs also provide water, forage, and cover for elk, deer, bear, coyotes, mountain lions, small mammals, birds,

amphibians and reptiles. 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, Colorado River Valley Field Office, 2300 River

Frontage Road, Silt, CO 81652.













18CW3218 GARFIELD COUNTY - COLORADO RIVER; R. Kenneth Hardee and Torie L. Hardee; c/o John R. Pierce, Dufford,

Waldeck, Milburn & Krohn, LLP, 744 Horizon Court, Suite 300, Grand Junction, CO 81506, (970) 248-5865; APPLICATION FOR

SURFACE, STORAGE, AND UNDERGROUND WATER RIGHTS; Name, address, and telephone number of applicants: Ken and

Torie Hardee; 305 Pimlico Drive; Hickory Creek, TX 75065; (770) 712-8049; Background: Applicants request water rights for three

ponds and eleven springs located on their property as described in the claims listed below. For the pond structures, Applicants expect to

intercept groundwater, so they are requesting approval of groundwater rights pursuant to C.R.S. § 37-90-103(21). Once the ponds have

been fully constructed, Applicants will file an application to make those conditional water rights absolute. If the ponds do not intercept

groundwater, Applicants will notify the court so those rights can correctly be categorized as storage rights. To address any notice issues

related to this approach, Applicants have included, in addition to the claims for groundwater rights for the three structures, three

alternative claims for storage rights.; Request for groundwater right: Name of well and permit number: Hardee Pit Well No. 1; Applicants

will obtain a well permit for the Hardee Pit Well No. 1 prior to interception of groundwater; Legal description: SE/4 of the SE/4 of

Section 35, Township 5 South, Range 102 West, 6th P.M. at a point 428 feet from the south section line and 1,152 feet from the east

section line; Source: Groundwater tributary to Trail Canyon, tributary to East Salt Creek, tributary to Colorado River; Depth of well: 15

feet (proposed); Regarding appropriation: Date of appropriation: September 13, 2018; How appropriation was initiated: By retaining a

hydrologist to inspect structure and obtain information needed for application; Date water applied to beneficial use: June 30, 2018;

Amount claimed: Amount claimed in a.f. annually: 0.78 a.f. conditional and 0.13 a.f. absolute; Applicants project maximum diversions

from the Hardee Pit Well No. 1 of 0.91 a.f. per year for all uses claimed below. Of the 0.91 a.f., 0.13 a.f. is claimed absolute for

evaporation, 0.66 a.f. is claimed conditional for evaporation, and 0.12 a.f. is claimed conditional for stock watering; Amount claimed in

c.f.s.: 0.002 c.f.s. conditional and 0.0003 c.f.s. absolute; Uses: Groundwater exposed in the Hardee Pit Well No. 1 will be used for

wildlife watering and habitat, stock watering directly from the well, piscatorial, recreation, and fire protection. Evaporation from the pit

well at its maximum surface area of 0.25 acres will be 0.79 a.f. per year, of which 0.13 a.f. per year is claimed absolute and 0.66 a.f. is

claimed conditional. Watering of the Applicants’ own stock has yet to occur. Applicants project up to 0.12 a.f. per year of exposed

groundwater in the pit well will be used for stock watering; Alternative request for storage right: Name of structure: Hardee Pond No.

1; Legal description: SE/4 of the SE/4 of Section 35, Township 5 South, Range 102 West, 6th P.M. at a point 428 feet from the south

section line and 1,152 feet from the east section line; Source: Trail Canyon, tributary to East Salt Creek, tributary to Colorado River;

Regarding appropriation: Date of appropriation: September 13, 2018; How appropriation was initiated: By retaining a hydrologist to

inspect structures to obtain information needed for application; Date water applied to beneficial use: June 30, 2018; Amount claimed:

2.157 a.f. conditional for wildlife watering, stock watering, piscatorial, fire protection, and recreation, and 0.003 a.f. absolute for wildlife

watering, stock watering, piscatorial, fire protection, and recreation; Additional information: The amount claimed absolute is based on

an estimated surface area of 0.04 acres, an estimated 2:1 ratio for the pond’s side slopes, and Applicants’ observed pond depth of

approximately 4.0 feet in June 2018. The estimated loss from the 0.04-acre pond is 0.13 a.f.; Off-channel pond filled from Hardee Spring

No. 1, as described in paragraph 9 below, at a rate of up to approximately 0.01 c.f.s. and by runoff; Uses: Wildlife watering, stock

watering, piscatorial, fire protection and recreation; Surface area of high-water line: 0.25 acres; Vertical height of dam: less than 10 feet;

Length of dam: 230 feet; Total capacity: 2.16 a.f.; Active capacity: 0.87 a.f.; Dead storage: 1.29 a.f.; Request for groundwater right:

Hardee Pit Well No. 2; Name of well and permit number: Hardee Pit Well No. 2. A well permit application will be submitted to the

Division of Water Resources following issuance of a water right decree; Legal description: SE/4 of the NW/4 of Section 35, Township

5 South, Range 102 West, 6th P.M. at a point 2,436 feet from the north section line and 2,365 feet from the west section line; Source:

Groundwater tributary to Trail Canyon, tributary to East Salt Creek, tributary to Colorado River; Depth of well: 15 feet (proposed);

Regarding appropriation: Date of appropriation: September 13, 2018; How appropriation was initiated: By retaining a hydrologist to

inspect structure and obtain information needed for application; Date water applied to beneficial use: August 6, 2011; Amount claimed:

Amount claimed in a.f. annually: 0.50 a.f. conditional and 0.25 a.f. absolute; Applicants project maximum diversions from the Hardee

Pit Well No. 2 of 0.75 a.f. per year for all uses claimed below. Of the 0.75 a.f. per year, 0.25 a.f. is claimed absolute for evaporation,

0.38 a.f. is claimed conditional for evaporation, and 0.12 a.f. is claimed conditional for stock watering; Amount claimed in c.f.s.: 0.002

c.f.s. conditional and 0.001 c.f.s. absolute; Uses: Groundwater exposed in the Hardee Pit Well No. 2 will be used for wildlife watering

and habitat, stock watering directly from the pit well, piscatorial, non-consumptive recreation uses on the Applicants’ property, and as



a source of water for fire protection. Evaporation from the pit well at its maximum surface area of 0.20 acres will be 0.63 a.f. per year,

of which 0.25 a.f. per year is claimed absolute and 0.38 a.f. per year is claimed conditional. Watering of the Applicants’ own stock has

yet to occur. Applicants project up to 0.12 a.f. per year of exposed groundwater in the pit well will be used for stock watering; Alternate

Request for storage right: Hardee Pond No. 2; Name of structure: Hardee Pond No. 2; Legal description: SE/4 of the NW/4 of Section

35, Township 5 South, Range 102 West, 6th P.M. at a point 2,436 feet from the north section line and 2,365 feet from the west section

line; Source: Trail Canyon, tributary to East Salt Creek, tributary to Colorado River; Regarding appropriation:; Date of appropriation:

September 13, 2018; How appropriation was initiated: By retaining a hydrologist to inspect structure and obtain information needed for

application; Date water applied to beneficial use: August 6, 2011; Amount claimed: 1.59 a.f. conditional for wildlife watering, stock

watering, fire protection, and recreation and 0.03 a.f. absolute for wildlife watering, stock watering, piscatorial, fire protection, and

recreation; Additional information: The amount claimed absolute is based on an estimated area of 0.08 acres, an estimated 2:1 ratio for

the Pond’s side slopes, and Applicants’ observed pond depth of approximately 5.0 feet in August 2018. The estimated evaporative losses

from the 0.08-acre pond is 0.25 a.f.; Off-channel pond filled by runoff and from Hardee Spring No. 2, as described in paragraph 9 below,

at a rate of up to 0.01 c.f.s. Evaporation from the pond at its maximum surface area of 0.20 acres will be 0.63 a.f. per year and stock

watering will be 0.12 a.f. per year; Uses: Wildlife watering, stock watering, piscatorial, fire protection, and recreation; Surface area of

high-water line: 0.20 acres; Vertical height of dam: less than 10 feet; Length of dam: 200 feet; Total capacity: 1.62 a.f.; Active capacity:

0.69 a.f.; Dead storage: 0.93 a.f.; Request for groundwater right: Hardee Pit Well No. 3; Name of well and permit number: Hardee Pit

Well No. 3. A well permit application will be submitted to the Division of Water Resources following issuance of a water right decree;

Legal description: NE/4 of the SE/4 of Section 26, Township 5 South, Range 102 West, 6th P.M. at a point 1,606 feet from the south

section line and 142 feet from the east section line; Source: Groundwater tributary to an unnamed tributary to Trail Canyon, tributary to

East Salt Creek, tributary to Colorado River; Depth of well: 15 feet (proposed); Regarding appropriation: Date of appropriation:

September 13, 2018; How appropriation was initiated: By retaining a hydrologist to inspect structure and obtain information needed for

application; Date water applied to beneficial use: June 30, 1993; Amount claimed: Amount claimed in a.f. annually: 1.03 a.f. conditional

and 0.19 a.f. absolute; Additional information: Applicants project maximum diversions from the Hardee Pit Well No. 3 of 1.22 a.f. per

year for all uses claimed below. Of the 1.22 a.f., 0.19 a.f. is claimed absolute for evaporation, 0.91 a.f. is claimed conditional for

evaporation, and 0.12 a.f. conditional for stock watering; Amount claimed in c.f.s.: 0.003 c.f.s. conditional and 0.001 c.f.s. absolute;

Uses: Groundwater exposed in the Hardee Pit Well No. 3 will be used for wildlife watering and habitat, stock watering directly from

the pit well, piscatorial, non-consumptive recreational uses on the Applicants’ property, and as a source of water for fire protection.

Evaporation from the pit well at its maximum surface area of 0.35 acres will be 1.10 a.f. per year, of which 0.19 a.f. per year is claimed

absolute and 0.91 a.f. per year is claimed conditional. Watering of the Applicants’ own stock has yet to occur. Applicants project up to

0.12 a.f. per year of exposed groundwater in the pit well will be used for stock watering; Alternate Request for storage right: Name of

structure: Hardee Pond No. 3; Legal description: NE/4 of the SE/4 of Section 26, Township 5 South, Range 102 West, 6th P.M. at a

point 1,606 feet from the south section line and 142 feet from the east section line; Source: Unnamed tributary to Trail Canyon, tributary

to East Salt Creek, tributary to Colorado River; Regarding appropriation: Date of appropriation: September 13, 2018; How appropriation

was initiated: By retaining a hydrologist to inspect structure and obtain information needed for application; Date water applied to

beneficial use: June 30, 1993; Amount claimed: 3.30 a.f. conditional and 0.01 a.f. absolute; Additional information: The amount claimed

absolute is based on an estimated area of 0.6 acres, an estimated 2:1 ratio for the pond’s side slopes, and Applicants’ observed pond

depth of approximately 5.0 feet in August 2018. The estimated evaporative losses from the 0.6-acre pond is 0.19 a.f.; Off-channel pond

filled by runoff and from Hardee Springs 9, 10, and 11, as described in the claims below, each at a rate of up to 0.02 c.f.s. Evaporation

from the pond at its maximum surface area of 0.35 acres will be 1.10 a.f. per year, and stock watering will be 0.12 a.f. per year; Uses:

Wildlife watering, stock watering, piscatorial, fire protection and recreation; Surface area of high-water line: 0.35 acres; Vertical height

of dam: less than 10 feet; Length of dam: 290 feet; Total capacity: 3.31 a.f.; Active capacity: 1.76 a.f.; Dead storage: 1.55 a.f.; Request

for surface rights: Names of structures: Hardee Springs Nos. 1-11; Legal description: Hardee Springs Nos. 1-5 are located in Section

35, Township 5 South, Range 102 West, 6th P.M. Hardee Springs Nos. 6-11 are located in Section 26, Township 5 South, Range 102

West, 6th P.M. The distance of each spring from the section lines of Section 35 and 26 is as follows:

Spring No. Section

Quarters

Distance from North or

South Section Line

Distance from East or

West Section Line

1 SE/4 of the SE/4 432 feet from the south

section line

1,188 feet from the east

section line

2 SE/4 of the NW/4 2,382 feet from the north

section line

2,258 feet from the west

section line


section line


section line


section line


section line

5 NE/4 of the NW/4 662 feet from the north

section line

570 feet from the east

section line




section line


section line


section line


section line

8 NE/4 of the SE/4 1,505 feet from the south

section line


section line


section line


section line


section line


section line


section line


section line

Source: The source for Hardee Springs Nos. 1-5 is Trail Canyon, tributary to East Salt Creek, tributary to Colorado River. The

source for Hardee Springs 6-11 is an unnamed tributary to Trail Canyon, tributary to East Salt Creek, tributary to Colorado

River; Regarding appropriation: For each spring, appropriation was initiated by retaining a hydrologist to inspect structure and

obtain information needed for application.

Spring No. Date of

Appropriation Date of Beneficial Use

1 September 13, 2018 June 30, 2018

2 September 13, 2018 August 6, 2011

3 September 13, 2018 Not applicable. The water right requested for the

Hardee Spring No. 3 is conditional.











9 September 13, 2018 June 30, 1993

10 September 13, 2018 June 30, 1993

11 September 13, 2018 June 30, 1993

Amounts claimed and uses:

Spring No. Amount Claimed Uses

1 0.01 c.f.s. absolute To fill and continuously refill Hardee Pond

No. 1, wildlife, and stock watering



3 0.01 c.f.s. conditional Wildlife and stock watering












(12 pages)













18CW3219 MESA COUNTY - COLORADO RIVER; A & G Partnership; c/o John R. Pierce, Dufford, Waldeck, Milburn & Krohn,

LLP, 744 Horizon Court, Suite 300, Grand Junction, CO 81506, (970) 248-5865; APPLICATION FOR FINDING OF REASONABLE

DILIGENCE; Request for finding of diligence: Name of structure: Orchard Grove Industrial Park (Well Permit No. 38095-F); Describe

conditional water right: Date of Original Decree: February 18, 1993; Case No.: 90CW257; Subsequent decrees awarding diligence: Case

No. 99CW30; Case No. 05CW204; Case No. 12CW78; Legal description: SE 1/4 SW 1/4 of Section 5 and NE 1/4 NW 1/4 of Section

8, Township 1 South, Range 1 West, Ute Principal Meridian. The center of the Orchard Grove Industrial Park Pit is located

approximately 600 feet west of the South 1/4 Corner of said Section 5; Source of water: Groundwater tributary to the Colorado River;

Appropriation Date: November 20, 1990; Amount: 82.85 a.f. per year; Amount remaining conditional: 22.99 a.f. per year. In Case No.

99CW30, 59.86 a.f. per year was made absolute; Use: De-watering of pit during mining, evaporation, dust suppression and losses

through aggregate removal and processing, all in connection with the mining of sand, gravel and related products, and with the

reclamation of the land during and after completion of such mining; Depth: (if well): 22 feet; Outline of work toward completion or for

completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures, during the

previous diligence period: Applicant’s lessee, Kilgore Companies, LLC, continued to remove overburden and to mine material from the

Orchard Grove Industrial Park Pit. Production from the Orchard Grove Industrial Park Pit was 109,618 tons in 2017. In addition, Elam

Construction renewed its leasehold interest for another term beginning in 2017 and extending beyond the next diligence cycle. (4 pages)











18CW3220 PITKIN AND EAGLE COUNTIES. ROARING FORK RIVER, TRIB. TO THE COLORADO RIVER. Application

for Finding of Reasonable Diligence. Applicant: The Basalt Water Conservancy District, c/o Balcomb & Green P.C., P.O. Drawer 790,

Glenwood Springs, CO 81602; 970-945-6546. Summary: The District requests a finding of reasonable diligence in the development of

a cond. approp. right of exchange for use within the District’s Area A-3 as decreed in Case No. 10CW47. Introduction: The District is

a Water Conservancy District formed under C.R.S. § 37-45-101 et seq. The District enters into contracts with individual water users

within the District’s boundaries to provide dependable legal water supplies for year-round needs. The contracts are organized into two

geographic categories, either Area A or Area B. Area A encompasses those regions that are located near the Fryingpan or Roaring Fork

Rivers, or on trib. creeks, where the District’s water rights can be used as a dependable legal supply for diversion at alternate pts. owned

by its contractees or through aug. of those alternate pts., either directly or by exchange. Area B encompasses those locations where

intervening senior water rights exist between the pt. of diversion of the District contractee and the pts. at which the District water is

made available for use by the contractee that prevent the District’s rights, standing alone, from providing a dependable legal supply for

use at alternate pts. of diversion or through aug. of those alternate pts. The District secured an umbrella plan for aug. (“Umbrella Plan”)

in Case No. 02CW77 to augment the out-of-priority diversions or depletions associated with District contractees’ structures in Area A.

For purposes of the Umbrella Plan, Area A is divided into four sub-areas: A-1, A-2, A-3, and A-4, each containing a portion of either

the Roaring Fork River or Fryingpan River, and designated trib., in which the District will provide service, including through operation

of approp. rights of exchange. The Umbrella Plan for Areas A-1, A-2 and A-4 was approved in Decree 1 of 2, and the Umbrella Plan

for Area A-3 was approved in Decree 2 of 2, entered in Case No. 02CW77. The District adjudicated the Subject Water Right, in Case

No. 10CW47, to supplement the aug.-by-exchange-operation in the Umbrella Plan within Area A-3 decreed in Case No. 02CW77 Decree

2 of 2. The Subject Water Right operates at times when other approp. rights of exchange decreed in Case No. 02CW77 Decree 2 of 2



are not in priority due to a call within Area A-3 and the reach of the Roaring Fork River between the Grace and Shehi Ditch headgate,

as described below, and the confluence with the Fryingpan River. A map showing the location and extent of the Subject Water Right is

attached to app. as Exhibit A. Previous Decree Info.: Case No. 10CW47, entered on 12/3/2012 in District Court, Water Division 5.

Approp. Date: 7/8/2008. Use: The Subject Water Right is utilized pursuant to the plan for aug., decreed in Case No. 10CW47 to augment

the out-of-priority diversion or depletion Amts. as appropriate associated with diversions by District contractees within Area A-3 in

order to allow the District to operate the plan for aug. and related approp. rights of exchange in Case No. 02CW77. Amt.: The Amt. of

the exchange represents the instantaneous rate of depletion expressed in cfs. The Amt. of the exchange is 1.02 cfs, cond., for the entire

Area A-3, not to exceed 0.5 cfs within any one trib. located within Area A-3, subject to the limitations on the District’s interests in the

Grace and Shehi Ditch priorities decreed in Case No. 10CW47. Exchange Supplies: The District’s water rights used for aug. by exchange

under the Subject Water Right are in the following two priorities of the Grace and Shehi Ditch water rights, as changed in Case No.

10CW47. Info. from Previous Decrees: The Grace and Shehi Ditch Priority 142 was decreed on 5/11/1889 in Garfield County District

Court in Civil Action 132 for 8.5 cfs with an approp. date of 4/23/1886 for irr. The Grace and Shehi Ditch Priority 302 was decreed on

8/25/1936 in Garfield County District Court in Civil Action 3082 for 12.24 cfs with an approp. date of 4/23/1890 for irr. Legal: The

headgate of the Grace and Shehi Ditch is located on the S. bank of the Roaring Fork River at a pt. whence the resurvey witness corner

to corner of Secs. 16, 17, 20, and 21, T8S, R86W, 6th P.M., bears N. 46 deg. 32 mins. E. 1,315.8’ distant (Angle Pt. 4 of Tract 64 and

Angle Pt. 5 of Tract 55, bears S. 81 deg. 38 mins., less 409.4’ distant; and a pt. of diversion through opening in retaining wall bears S.

21 deg. 40 mins. E. 260’ distant). The DWR’s “Aqua Map” info. describes the pt. in the same quarter Sec. but at a pt. 1,296’ from the

N. Sec. line and 923’ from the E. Sec. line. Those two pts. are located less than 200’ from each other. Source: Roaring Fork River, trib.

to the Colorado River. Amt.: 1.02 cfs, of which 0.42 cfs is apportioned to the District’s interest in the 8.50 cfs decreed under Priority

142, and 0.60 cfs is apportioned to the District’s interest in the 12.24 cfs decreed under Priority No. 302. Use: Irr. and, as changed in

Case No. 10CW47, to include aug. by exchange of depletions attributable to the District’s contractees’ uses of water within Area A

under the categories of uses to be served under the Umbrella Plan: dom., irr., livestock, comm., ind., and pond surface evap. that

facilitates and is incidental to such uses upstream from the confluence of the Roaring Fork and Fryingpan Rivers (Area A-3). Method

of Use: direct use for irr. and, as changed in Case No. 10CW47, for diversion and return to the Roaring Fork River or, alternatively, by

foregoing diversions at the headgate in order to replace the District’s contractees’ out-of-priority diversions or depletions, directly or by

exchange pursuant to the plan for aug. and approp. exchange decreed in Case No. 10CW47 to be used in coordination with the plan for

aug. decreed in Case No. 02CW77 Decree 2 of 2. Exchange Reach Location: within Area A-3 and depicted on Exhibit A. Downstream

Termini: from the pt. where Grace and Shehi Ditch water accrues to the Roaring Fork River at a Return Pt. that is located at or above

an existing post-measurement return ditch located approx. 700’ down-river from the Grace and Shehi Ditch headgate (pursuant to

paragraph 9.B.1 of the Decree in Case No. 10CW47) or, alternatively, at the Grace and Shehi Headgate (as described herein and pursuant

to paragraph 9.B.2 of the Decree in Case No. 10CW47). Upstream Terminus: up the Roaring Fork River and its trib. sources to the

upstream boundaries of Area A-3, as described below. General Descrip. of Area A-3: Area A-3 includes structures that will divert water

from within that portion of Area A encompassing all areas trib. to the Roaring Fork River and its trib. in a stream reach extending from

a downstream terminus at the confluence of the Roaring Fork River with the Fryingpan River to an upstream terminus located at the

confluence of the Roaring Fork River and Maroon Creek, a distance of approx. 20 miles. The downstream terminus at the confluence

of the Roaring Fork and Fryingpan rivers is located in Eagle County within the Town of Basalt in the SE1/4, Sec. 7, T8S, R86W, 6th

P.M. The upstream terminus at the confluence of the Roaring Fork River and Maroon Creek is located in Pitkin County near Aspen in

the NW1/4, Sec. 2, T10S, R85W, 6th P.M. The boundaries of Area A-3 are depicted on Exhibit A. Legal Descrip. of Lands Included

within Area A-3: T8S, R86W, 6th P.M.; Sec. 11: SE1/4; Sec. 13; Sec. 14; Sec. 15: S1/2; SW1/4 NW1/4; Sec. 16; Sec. 17; Sec. 18: E1/2;

Sec. 19: N1/2; NE1/4 SE1/4; Sec. 21 through 26; Sec. 27: N1/2; Sec. 28: N1/2; Sec. 29: NE1/4 NE1/4; Sec. 35: NE1/4; Sec. 36: N1/2;

SE1/4. T9S, R86W, 6th P.M.; Sec. 1: Sec. 12: NE1/4. T8S, R85W, 6th P.M.; Sec. 31; Sec. 32: SW1/4 SW1/4. T9S, R85W, 6th P.M.;

Sec. 3: W1/2; Sec. 4: SE1/4; Sec. 5: W1/2; Sec. 6; Sec. 7: N1/2; SE1/4; Sec. 8; Sec. 9; Sec. 10: NW1/4 NW1/4; Sec. 16; Sec. 17; Sec.

18: NE1/4; SE1/4 SE1/4; Sec. 19: E1/2; Sec. 20; Sec. 21: NW1/4 NW1/4; NE1/4 NE1/4; Sec. 22: W1/2 W1/2; Sec. 26: S1/2 S1/2; Sec.

27; Sec. 28: E1/2 E1/2; Sec. 33: NE1/4 NE1/4; SW1/4 SW1/4; Sec. 34; Sec. 35; Sec. 36: NW1/4. T10S, R85W, 6th P.M.; Sec. 2: NW1/4;

Sec. 3; Sec. 4: E1/2; Sec. 9: NE1/4 NE1/4; Sec. 10: N1/2; SW1/4. Major Trib. to the Roaring Fork River Included within Area A-3: Dry

Woody Creek: DWR Stream Id. No. 66, from its confluence with the Roaring Fork River in the NW1/4, Sec. 8, T9S, R85W, 6th P.M.

upstream to the headgate of the Simons Ditch located in the NW1/4 NW1/4 NE1/4, Sec. 8, T9S, R85W, 6th P.M., including all areas

trib. to Dry Woody Creek and the Roaring Fork River within this reach. That portion of Dry Woody Creek and its trib. above the

headgate of the Simons Ditch is in Area B and not included within the Umbrella Plan for Area A-3. Arbaney Gulch (also known as Deer

Creek): from its confluence with the Roaring Fork River in the NE1/4, Sec. 36, T8S, R86W, 6th P.M. upstream to the headgate of the

Deer Creek No. 1 Ditch located in the SE1/4 SE1/4 SE1/4, Sec. 25, T8S, R86W, 6th P.M., including all areas trib. to Arbaney Gulch

and the Roaring Fork River within this reach. That portion of Arbaney Gulch and its trib. above the headgate of the Deer Creek No. 1

Ditch is in Area B and not included within the Umbrella Plan for Area A-3. Wheatley Gulch: from its confluence with the Roaring Fork

River in the NE1/4, Sec. 27, T8S, R86W, 6th P.M. upstream to its headwaters, including all areas trib. to Wheatley Gulch and the

Roaring Fork River. Bionaz Gulch: from its confluence with the Roaring Fork River in the SE1/4, Sec. 21, T8S, R86W, 6th P.M.

upstream to its headwaters, including all areas trib. to Bionaz Gulch and the Roaring Fork River. Galvin Gulch: from its confluence



with the Roaring Fork River in the SE1/4, Sec. 34, T9S, R85W, 6th P.M. upstream to its headwaters, including all areas trib. to Galvin

Gulch and the Roaring Fork River. Trentaz Creek: from its confluence with the Roaring Fork River in the NE1/4 SW1/4, Sec. 21, T9S,

R85W, 6th P.M. upstream to the headgate of the KNCB Moor Ditch No. 2 located in the NW1/4 SW1/4 SW1/4, Sec. 26, T9S, R85W,

6th P.M., including all areas trib. to Trentaz Creek and the Roaring Fork River within this reach. That portion of Trentaz Creek and its

trib. above the headgate of the KNCB Moor Ditch No. 2 is in Area B and not included within the Umbrella Plan for Area A-3. Owl

Creek: DWR Stream Id. No. 14, from its confluence with the Roaring Fork River located in the SW1/4, Sec. 27, T9S, R85W, 6th P.M.

upstream to the headgate of the Stapleton Ditch located in NW1/4 NE1/4 SW1/4, Sec. 34, T9S, R85W, 6th P.M., including all areas

trib. to Owl Creek and the Roaring Fork River within this reach. That portion of Owl Creek and its trib. above the headgate of the

Stapleton Ditch is in Area B and not included within the Umbrella Plan for Area A-3. Brush Creek: DWR Stream Id. No. 12, from its

confluence with the Roaring Fork River located in the NE1/4, Sec. 21, T9S, R85W, 6th P.M. upstream to the headgate of the Brush

Creek Ditch located in NE1/4 NE1/4 NW1/4, Sec. 21, T9S, R85W, 6th P.M., including all areas trib. to Brush Creek and the Roaring

Fork River within this reach. That portion of Brush Creek and its trib. above the headgate of the Brush Creek Ditch is in Area B and not

included within the Umbrella Plan for Area A-3. Integrated System: The Subject Water Right is a component of the District’s integrated

water supply system to provide legal water supply to its constituents within A-3 in combination with other water rights it owns or

contractually controls. See C.R.S. § 37 92-301(4)(b). A complete list of diligence activities and expenditures is stated in the Application.

There was no call scenario during the diligence period that required the District to operate the Subject Water Right. (9 pgs; 1 ex.)











18CW3221 SUMMIT, GARFIELD, PITKIN AND EAGLE COUNTIES. Application for Finding of Reasonable Diligence and to

Confirm Absolute, in Part. Applicant: The Basalt Water Conservancy District (“District”); c/o Balcomb & Green, P.C., P.O. Drawer

790, Glenwood Springs, CO 81602, (970) 945-6546. Summary: The District requests a finding of reasonable diligence in its development

of the cond. approp. right of exchange for Area A-3 as decreed in Case No. 02CW77, Decree 2 of 2 (the “Subject Water Right”), and

confirmation that a portion of the Subject Water Right has been made absolute. A map showing the location and extent of the Subject

Water Right is attached as Exhibit A and incorporated herein by reference. Intro: The District is a Water Conservancy District formed

under C.R.S. § 37-45-101 et seq. The District enters into contracts with individual water users within the District’s boundaries to provide

dependable legal water supplies for year-round needs. The contracts are organized into two geographic categories, either Area A or Area

B. Area A encompasses those regions that are located near the Fryingpan or Roaring Fork rivers, or on trib. creeks, where the District’s

water rights can be used as a dependable legal supply for diversion at alt. pts. owned by its contractees or through aug. of those alt. pts.,

either directly or by exchange. Area B encompasses those locations where intervening senior water rights exist between the pt. of

diversion of the District contractee and the pts. at which the District water is made available for use by the contractee that prevent the

District’s rights, standing alone, from providing a dependable legal supply for use at alt. pts. of diversion or through aug. of those alt.

pts. In Case No. 02CW77, the Court adjudicated an umbrella aug. plan (“Umbrella Plan”) for the District’s Area A. The Umbrella Plan

allows contractees to utilize District water rights for operation of their qualifying diversions and for replacement of associated out-of-

priority depletions. The qualifying diversions operate as alt. pts. of diversion for the District’s water rights in and to the Basalt Conduit

as described in Case No. 02CW77. During periods when the Basalt Conduit water right is out of priority, the District uses its aug.

supplies under the Umbrella Plan, including through operation of the Subject Water Right, to allow its contractees to continue diversion

at their respective pts. of diversion. The Subject Water Right operates as part of the Umbrella Plan to the extent that any aug. replacement

is introduced to the river system at a pt. downstream of the pt. of diversion for a contractee that the District has included for aug. under

the Umbrella Plan, which pts. are identified in paragraph 5 below. There were two separate decrees in Case No. 02CW77, Decree 1 of

2 and Decree 2 of 2. Decree 1 of 2 addressed claims for three defined subsections of the District’s Area A, denominated as Areas A-1,

A-2, and A-4, while Decree 2 of 2 addressed claims for a fourth defined subsection of the District’s Area A, denominated as Area A-3.

This Application requests a finding of diligence for the Subject Water Right as decreed in Decree 2 of 2 for service of the District’s

Area A-3 and confirmation that a portion of the Subject Water Right has been made absolute through operation of the Umbrella Plan in

Area A-3. Any reference herein to Decree 1 of 2 or Areas A-1, A-2 or A-4 is made only to provide context for the claims within this

Application. First Claim for Finding of Reasonable Diligence: Decree Information: The Subject Water Right is operated as part of the

Umbrella Plan for service to District contractees within the boundaries of Area A-3 described below and depicted in Exhibit A. Previous

Decree Information: Case No. 02CW77, Decree 2 of 2, entered 12/3/2012 in District Court, Water Division 5. Approp. Date: 7/2/2001.



The Subject Water Right is administered as a water right applied for in 2002, per C.R.S. § 37-92-306. Use: The Subject Water Right

is utilized pursuant to the Umbrella Plan to replace out-of-priority depletions associated with diversions by District contractees within

Area A-3. Exchange Supplies: The District’s water rights used for aug. by exchange, as described in Case No. 02CW77, are in and to

Ruedi Reservoir, Green Mountain Reservoir, the Troy & Edith Ditch, the Robinson Ditch, and the Favre Dom. Pipeline Springs Nos. 1

& 2. These water rights are more fully described in Exhibit B to the Application and printed here) are interests in the Ruedi Reservoir,

Green Mountain Reservoir, Troy & Edith Ditch, Robinson Ditch, and Favre Dom. Pipeline Springs Nos. 1 & 2 described as follows:

Info. for Ruedi Reservoir: Source: Fryingpan River, trib. of Colorado River. Legal Description: An on-channel reservoir located in Sec.

7, 8, 9, 11, and 14 through 18, T. 8 S., R. 84 W., 6th P.M. The reservoir is located in portions of Eagle and Pitkin counties. Adj. Date:

6/20/1958. Approp. Date: 7/29/1957. Case No.: C.A. 4613. Court: Garfield County Dist. Court. Decreed Amt.: 102,369 AF (Orig.

decreed for 140,697.3 AF; reduced to 102,369 AF in Case No. W-789-76). The full Amt. was made absolute in Case No. 88CW85.

Decreed Uses: Generation of electric energy, dom., mun., pisc., ind., and irr. Refill: By decree of the Water Court in Case No. 81CW34,

Ruedi Reservoir was decreed a refill right in the amt. of 101,280 AF, cond. In Water Court Case No. 95CW95, 44,509 AF of the refill

right was made absolute. In Water Court Case 01CW269, an add’l 25,257 AF of the refill right was made absolute, for a total of 69,766

AF absolute in the refill right. District Interest: The District holds contract numbers 2-07-70-W0546, 009D6C0014, 039F6C0012, and

139D6C0099 with the United States Bureau of Reclamation. These four contracts collectively entitle the District to delivery of 1790 AF

of water annually from the regulatory capacity of Ruedi Reservoir. Info. for Green Mtn Res.: Source: Blue River, trib. of Colorado

River. Legal Description: Located approx. 16 miles S.E. of the Town of Kremmling in Summit County, Colorado, and more particularly

in all or parts of Sec. 11, 12, 13, 14, 15, and 24 of T. 2 S., R. 80 W., and in Sec. 17, 18, 19, 20, 21, 28, 29, and 34, T. 2 S., R. 79 W., 6th

P.M. Adj. Date: 10/12/1955. Approp. Date: 8/1/1935. Case Nos.: 2782, 5016, and 5017. Court: United States Dist. Court, Dist. of

Colorado. Decreed Amt.: 154,645 AF. Decreed Uses: In accordance with paragraph 5(a), (b), and (c) of the Sec. entitled “Manner of

Operation of Project Facilities and Auxiliary Facilities" in Senate Document 80. Dist. Interest: The Dist. holds Contract No. 8-07-60-

W0727 with the United States Bureau of Reclamation. This contract entitles the Dist. to delivery of 1000 AF of water annually from the

marketable yield of Green Mtn. Res. Info. for Troy Ditch and Edith Ditch rights:

STRUCTU

RE

PRIORIT

Y

CAS

E

NO.

ADJ.

DATE

APP.

DATE

DECREE

D

AMT.

(CFS.)

US

E

(4)

AMT. SOLD, TRANSFERRED

OR RESERVED

AMT.

REMAININ

G FOR

DIST. (10)

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

Troy

Ditch (1)

370 308

2

08/25/193

6

05/01/19

06

5.10 I 0.00

0

0.000 0.09

5

0.06

4

0.03

5

4.906 N/A

Troy

Ditch 1st

Enlg

427 308

2

08/25/193

6

05/01/19

28

10.80 I 0.00

0

0.000 0.20

0

0.13

4

0.07

3

10.39

3

N/A

Troy

Ditch 2nd

Enlg

669 461

3

06/20/195

8

06/01/19

42

6.20 I 0.00

0

0.000 0.11

5

0.07

7

0.04

2

5.966 N/A

Edith

Ditch

353 308

2

08/25/193

6

05/01/19

04

2.72 I 0.11

0

0.132

0

0.05

0

0.00

0

0.01

8

2.410 N/A

Edith

Ditch 1st

Enlg

673 461

3

06/20/195

8

07/01/19

46

3.23 I 0.00

0

0.000 0.06

0

0.00

0

0.02

2

3.148 N/A

Troy

Ditch

Water

System

a.k.a.

Lower

Headgate

(2) W-

228

1

15.50(3) I,

D,

M,

C,

P

0.11

0

0.132

0

0.52

0

0.27

5

0.19

0

14.27

3

412.

89

(1) Orig. diverted from Miller Creek. All others orig. diverted from Fryingpan River. (2) Alt. point for all priorities of Troy and Edith

Ditches. (3) Combined Amt. limited to 15.5 cfs. and 453 AF of consumptive use, 300 AF of which can be stored. (4) I = Irr., D = Dom.,

M = Mun., C = Ind. and P = Piscatorial. (5) Transferred to Edith Ditch Well in Case No. 80CW1 with 1.0 AF. (6) Transferred to three

springs on Cap K Ranch in Case No. 82CW189 (1.29 AF assumed to be included). (7) Deeded to George Yates with 15.4 AF in 1983.

0.2 cfs and 10.60 cfs was included in Case No. 82CW357 for Ruedi S. Shores plan for aug. (8) Deeded to Joan Wheeler in 1987 for

diversion at the Troy Ditch 1st and 2nd Enlargement (16.9 AF assumed to be included). (9) Reserved for aug. of Cap K Ponds with 5.52



AF. Case No. 91CW220. (10) A total of 40.11 AF of the orig. 453.00 AF has been sold or transferred. In Case No. W-2281, Division 5,

the Court decreed that 453 AF of annual consumptive-use credits were available to these ditches, and that 300 AF could be stored in an

unnamed reservoir. Applicant owns 412.89 AF of the 453 AF, and makes the water rights available to contract allottees for use pursuant

to an approved substitute supply plan or decree of Court. This Court changed the use of the 412.89 AF to include aug. and exchange in

Case Nos. 98CW26 and 98CW89 (Consolidated). The Troy and Edith aug. water can be delivered to the Fryingpan, Roaring Fork or

Colorado rivers by bypassing water at the headgate on the Fryingpan River. Info. for Robinson Ditch rights:

STRUCTUR

E

DECREE

D

AMT./

(CFS)

AMT.

OWNED BY

DIST. (CFS)(1)

ADJ. DATE APP.

DATE

PRIORIT

Y

CAS

E

NO. (2)

ROBINSON

DITCH

5.00 1.21 05/11/1889 06/15/188

2

38 132

ROBINSON

DITCH

2.50 0.60 05/11/1889 04/15/188

6

140 132

ROBINSON

DITCH

2.00 0.48 05/11/1889 11/15/188

6

167 132

ROBINSON

DITCH

10.70 2.59 12/29/1903 04/25/189

9

212C 1061

ROBINSON

DITCH

20.06 4.85 08/25/1936 04/25/190

0

326 3082

(1) The Dist. owns 441 shares of Class 1 stock issued by the Robinson Ditch Company. The said 441 shares equal 24.16% of the total

shares and are associated with 9.73 cfs of the 40.26 cfs decreed to the Robinson Ditch. (2) Dist. Court in and for Garfield County. Legal

Description: The pt. of diversion, as decreed, is located on the N. bank of the Roaring Fork River one-half mile below the mouth of

Sopris Creek in Sec. 11, T. 8 S., R. 87 W., 6th P.M. Historical Use: Irr. of approx.137.2 acres of hay and pasture under District’s interest

in the Robinson Ditch water rights. In Case No. 93CW319, the Court decreed that 360 AF of annual consumptive-use credits are

associated with said irr. In that case, the Court also decreed a change of use of District’s Robinson Ditch rights to include aug. The

District makes the credits available to contract allottees for use pursuant to an approved substitute supply plan or decree of Court. The

Dist. applies the credits principally to the aug. of Blue Creek and the Roaring Fork River. Info. for Favre Dom. Pipeline Springs:

STRUCTURE AMT.1

(CFS)

ADJ. DATE APP. DATE PRIORITY CASE NO.2

FAVRE DOM.

PL. SP. NO. 1

0.50 06/20/1958 08/11/1937 649 4613

FAVRE DOM.

PL.

SP. NO. 2

0.50 06/20/1958 04/15/1912 666 4613

(1) Amt.: Each spring is decreed for 0.50 cfs, but the use of both has a combined limit of 0.50 cfs. (2) Dist. Court in and for Garfield

County. Legal Description: Favre Dom. Pipeline - Spring No. 1: Located at a point whence the E1/4 corner, Sec. 34, T. 7 S., R. 87 W.,

6th P.M. bears S. 34 deg. 26' E., 890.9 ft. Favre Dom. Pipeline - Spring No. 2: Located at a point whence the E1/4 corner, Sec. 34, T. 7

S., R. 87 W., 6th P.M. bears S. 37 degrees 24' E. 721.4 ft. Source: Blue Creek, trib. to Roaring Fork River. Decreed Use: Dom. and aug.

Historical Use: The Dist. owns the Favre Dom. Pipeline rights. The springs historically provided a majority of the dom. water supply

for El Jebel, a community of 364 Equivalent Residential Units (“EQR”), consisting of 291 single-family residential units, irr. of 12.5

acres of lawn and landscape, and comm. development. In Case No. 93CW319, the Court decreed that 142.82 AF of historical

consumptive-use credits were available to Blue Creek as a result of such historical use; and that 67.2 AF of historical consumptive-use

credits were available to the Roaring Fork River as a result of such historical use. In 93CW319, the Court also decreed a change of use

of said credits to include aug. The District makes the credits available to contract allottees for use pursuant to an approved substitute

supply plan or decree of Court. Cumulative Amt.: The cumulative max. rate of depletions from all augmented structures within Area

A-3 that may be replaced through operation of the District’s Umbrella Plan utilizing the Subject Water Right is 2.25 c.f.s. as summarized

in the table below. The amt. of the exchange represents the cumulative instantaneous rates of depletion for structures augmented by

exchange under the Umbrella Plan within Area A-3. Exchange Reaches: Area A-3 has the following three exchange reaches. The

exchange reach for replacement water supplied under the Troy and Edith Ditch water rights or from Ruedi Reservoir is from the

confluence of the Fryingpan and Roaring Fork rivers up the Roaring Fork River and its trib. sources to the upstream boundaries of Area

A-3, as more fully described in the app. The exchange reach for replacement water supplied from Green Mountain Reservoir is from

the confluence of the Colorado and Roaring Fork rivers up the Roaring Fork River to its confluence with the Fryingpan River, and then

continuing up the Roaring Fork River and its trib. sources to the upstream boundaries of Area A-3, as more fully described below. The

exchange reach for replacement supplies available under the District’s Robinson Ditch and Favre Dom. Pipeline Spring Nos. 1 & 2 is



from the confluence of the Roaring Fork River and Blue Creek, which is approx. in the NW1/4 SE1/4 Sec. 27, T7S, R88W, 6th P.M. at

a pt. 1,520’ from the S. Sec. line and 1,420’ from the E. Sec. line up the Roaring Fork River to its confluence with the Fryingpan River,

and then continuing up the Roaring Fork River to the upstream boundaries of Area A-3, as more fully described below. Exchange Amt.:

The Amt. of the exchange is 2.25 c.f.s., cond., for use by District contractees located within Area A-3, and not to exceed 0.5 c.f.s. within

any one trib. located within Area A-3. The Amt. of the approp. exchange for use within Area A-3 is in addition to the Amt. of the approp.

exchange for use within Area A-4 as decreed in Decree 1 of 2 of this case; the 2.25 c.f.s. cond. exchange in Area A-3 is exchanged

through Area A-4. Remarks: The Subject Water Right is subject to the terms of the decree in Case No. 02CW77, Decree 2 of 2. When

utilized for replacement by exchange through this approp. right of exchange, the water rights utilized by exchange are administered

under the exchange priority. When utilized in any other decreed manner, the water rights utilized by exchange are administered under

their own decreed priorities unless otherwise specifically limited. The exchange operating in Area A-3 is summarized in the following

table.

Sub-Area Approp. Administration Exchange Trib. Date Date Rate (cfs) Rate (cfs)

A-3 7/2/2001 2002 max 2.25 cond. max 0.5 cond.

Cumulative exchanges through A-4

(combined rates for A-3 + A-4) 7/2/2001 2002 max 6.0 cond. N/A

Authorized Pts. of Diversion and Notice: Pursuant to para. 15.c.viii of Case No. 02CW77, Decree 2 of 2, the District hereby notifies all

potentially interested parties that the augmented structures and alt. pts. of diversion identified in Table 1, Exhibit C have been included

for operation under the Umbrella Plan. Table 1, Exhibit C identifies included augmented structures and alt. pts. of diversion with

particularity, incl. their location, so as to notify all potentially interested parties of the operation of the Umbrella Plan as it continues to

be implemented. Info. from Table 1, Exhibit C is included as text below in the following order: contract #; contract amt. in AF; diversion

amt. in cfs; structure name or well permit #; PLSS/legal description, with distances from Sec. lines where appropriate. All contracts are

trib. to the Roaring Fork River except as otherwise indicated for Contracts 487b, 557, 589b, and 644. Using the first contract listed

below, Contract 234, as an example, the augmented structure diverts from the Roaring Fork River, has a contract amt. of 11.4 AF with

diversion rate of 0.033 cfs, is identified by Well Permit # 176273-A, and is located in the NE1/4 NW1/4, Sec. 16, T9S, R85W of the 6th

P.M. a distance of 155’ from N. Sec. line and 1,960’ from W. Sec. line. NOTE that Contracts 234, 380a, 435c, 475b, 477a, 483a, 492a,

516, 524, 529a, 546, 557, 584a, 594a, 601, 611, 622, 634, 644, 651, 670, and 683 serve more than one augmented structure (which may

have different diversion rates and trib. sources). The included structures in Area A-3 are: 234; 11.4; 0.033; 176273-A; NE1/4 NW1/4,

Sec. 16, T9S, R85W, 6th P.M. 155’ from N. and 1,960’ from W. Sec. line; and Ho Pump and Pipeline; NE1/4 NW1/4, Sec. 16, T9S,

R85W, 6th P.M., 319’ from N. and 1,970’ from W. Sec. line; 380a; 3.40; 0.078; 54877-F; SE1/4 NE1/4, Sec. 20, T8S, R86W, 6th P.M.,

1,448’ from N. and 253’ from E. Sec. line; and Baum Pump and Pipeline; SE1/4 NE1/4, Sec. 20, T8S, R86W, 6th P.M., 1,476’ from N.

and 440’ from E. Sec. line; 388; 5.30; 0.120; Jaffee Park Well (63570-F); SE1/4 NE1/4, Sec. 21, T9S, R85W, 6th P.M. 2,600’ from N.

and 750’ from E. Sec. line; 435c; 14.10; 0.267; RFM Lot 1 Well (60903-F); NW1/4 NW1/4, Sec. 21, T8S, R86W, 6th P.M. approx.

650’ from N. and 150’ from W. Sec. line; and RFM Lot 2 Well (60905-F); NE1/4 NW1/4, Sec. 21, T8S, R86W, 6th P.M., approx.

1,015’ from N. and 1,420’ from W. Sec. line; and RFM Lot 3 Well (60906-F); SE1/4 NW1/4, Sec. 21, T8S, R86W, 6th P.M., approx.

1,350’ from N. and 1,715’ from W. Sec. line; and RFM Lot 4 Well (60907-F); SE1/4 NW1/4, Sec. 21, T8S, R86W, 6th P.M., approx.

1,930’ from N. and 2,460’ from W. Sec. line; and RFM Lot 5 Well (60908-F); SE1/4 NW1/4, Sec. 21, T8S, R86W, 6th P.M. approx.

2,110’ from N. and 1,655’ from W. Sec. line; and RFM Lot 6 Well (75550-F); NW1/4 NW1/4, Sec4, Sec. 21, T8S, R86W, 6th P.M.,

approx. 1,168’ from N. and 798’ from W. Sec. line; and RFM Lot 7 Well (60909-F-R); NW1/4 NW1/4, Sec4, Sec. 21, T8S, R86W, 6th

P.M., approx. 1,276’ from N. and 488’ from W. Sec. line; and Employee Housing Common Parcel 1 Well (75549-F); NW1/4 NW1/4,

Sec4, Sec. 21, T8S, R86W, 6th P.M., approx. 850’ from N. and 350’ from W. Sec. line; and Kester Ditch; NW1/4 NW1/4, Sec 4, Sec.

21, T8S, R86W, 6th P.M. whence the SE corner of Sec. 21 bears N 15 degs. 20 mins. W. 320’; and Alexsis Arbaney Ditch; 1/4 mile

above the confluence of Snowmass Creek with the Roaring Fork River; 439a; 0.10; 0.033; 61698-F; SE1/4 NE1/4, Sec. 8, T9S, R85W,

6th P.M., 2,050’ from N. and 1,100’ from E. Sec. line; 446a; 0.30; 0.033; Rock Hollow Way Well No. 1 (63740-F); NW1/4 SW1/4,

Sec. 9, T9S, R85W, 6th P.M., 2,050’ from S. and 1,047’ from W. Sec. line; 452a; 2.2; 0.033; 77963-F; NE1/4 NE1/4, Sec. 28, T8S,

R86W, 6th P.M., 215’ from N. and 44’ from E. Sec. line; 462a; 2.20; 0.033; 63615-FR; NW1/4 NW1/4, Sec. 27, T8S, R86W, 6th P.M.,

150’ from N. and 300’ from W. Sec. line; 467; 0.60; 0.033; 63186-F; NE1/4 SW1/4, Sec. 17, T8S, R86W, 6th P.M., 2,200’ from S. and

1,400’ from W. Sec. line; 470a; 2.20; 0; Multiple Ponds; SE1/4 SE1/4, Sec. 27, T9S, R85W, 6th P.M.; 473a; 2.50; 0.033; 64251-F;

SW1/4 NW1/4, Sec. 21, T8S, R86W, 6th P.M., 2,245’ from N. and 970’ from W. Sec. line; 475b; 5.40; 0.033; 76858-F; NW1/4 NE1/4,

Sec. 21, T9S, R85W, 6th P.M., 634’ from N. and 1,458’ from E. Sec. line.; and Grant Pump and Pipeline; NW1/4 NE1/4, Sec. 21, T9S,

R85W, 6th P.M., 750’ from N. and 1,570 from E. Sec. line; 477a; 1; 0.111; HRHPUD Well A (64091-F); NE1/4 NE1/4, Sec. 20, T8S,

R86W, 6th P.M., 528’ from N. and 5’ from E. Sec. line; and HRHPUD Well B (64092-F); NE1/4 NE1/4, Sec. 20, T8S, R86W, 6th

P.M., 255’ from N. and 98’ from E. Sec. line; 478; 1.80; 0.033; Water View Well (66736-F); NW1/4 NW1/4, Sec. 6, T9S, R85W, 6th

P.M., 11’ from N. and 708’ from W. Sec. line; 482; 0.30; 0.033; Rocky Hollow Way Well No. 2 (63739-F); NW1/4 SW1/4, Sec. 9, T9S,

R85W, 6th P.M. 2,062’ from S. and 1,031’ from W. Sec. line; 483a; 2.10; 0.100; Pitkin Iron Well No. 1 (55960-F); NE1/4 SE1/4, Sec.

8, T9S, R85W, 6th P.M., 2,450’ from S. and 1,000’ from E. Sec. line; and Pitkin Iron Well No. 2 (62429-F); SE1/4 NE1/4, Sec. 8, T9S,



R85W, 6th P.M., 2,200’ from N. and 950’ from E. Sec. line; 484; 4.30; 0.033; 66639-F; SE1/4 SW1/4, Sec. 8, T9S, R85W, 6th P.M.

650’ from S. and 1,990’ from W. Sec. line; 487b; Trentaz Gulch; 3.60; 0; Multiple Ponds fed by K.N.C.B. Moore Ditch Ext.; SW1/4

SW1/4, Sec 4, Sec. 26 and SE1/4 SE1/4, Sec. 27, T9S, R85W, 6th P.M.; 492a; 4.30; 0.067; 77127-F; NW1/4 SE1/4, Sec. 25, T8S,

R86W, 6th P.M., 1,836’ from S. and 2,167’ from E. Sec. line; and 77125-F; SW1/4 SE1/4, Sec. 25, T8S, R86W, 6th P.M., 1,229’ from

S. and 2,479’ from E. Sec. line; 499b; 1.40; 0.033; 171184; NE1/4 NW1/4, Sec. 16, T9S, R85W, 6th P.M., 900’ from N. and 2,200’

from W. Sec. line; 508a; 5; 0.033; Getty Well No. 1 (65461-F); NW1/4 NE1/4, Sec. 36, T8S, R86W, 6th P.M., 850’ from N. and 1,400’

from E. Sec. line, 6th P.M.; 516; 3.80; 0.089; 66640-F; NE1/4 NE1/4, Sec. 2, T10S, R85W, 6th P.M. 443’ from N. and 579’ from E.

Sec. line; and Proposed Well to be located in NE1/4 NE1/4, Sec. 2, T10S, R85W, 6th P.M.; 524 8.60; 0.100; Red Butte Ranch Well No.

6 (66781-F); SE1/4 SW1/4, Sec. 35, T9S, R85W, 6th P.M. 1,221’ from S. and 2,144’ from W. Sec. line; and Red Butte Ranch Well No.

7 (66782-F); SE1/4 SW1/4, Sec. 35, T9S, R85W, 6th P.M. 936’ from S. and 1,600’ from W. Sec. line; and Red Butte Ranch Well No.

8 (66783-F); SE1/4 SW1/4, Sec. 35, T9S, R85W, 6th P.M. 956’ from S. and 1,079’ from W. Sec. line; 529a; 2.40; 0.067; 7256-A; NE1/4

SW1/4, Sec. 16, T9S, R85W, 6th P.M., 1,900’ from N. and 2,430’ from E. Sec. line; and 68253; NE1/4 SW1/4, Sec. 16, T9S, R85W,

6th P.M., 2,015’ from N. and 2,380’ from E. Sec. line; 534; 2.10; 0.033; 67395-F; SE1/4 SW1/4, Sec. 9, R85W, 6th P.M., 768’ from S.

and 2,248’ from E. Sec. line; 545b; 0.30; 0.033; Eubank Well (80441-F); SW1/4 SW1/4, Sec. 9, T9S, R85W, 6th P.M., 710’ from S.

and 1,262’ from W. Sec. line; 546; 10.90; 0.067; Smith Well No. 1 (69849-F); NE1/4 NW 1/4, Sec. 27, T9S, R85W, 6th P.M., 300’

from N. and 2,600’ from W. Sec. line; and Smith Well No. 2 (69850-FR); NE1/4 NW1/4, Sec. 27, T9S, R85W, 6th P.M, 189’ from N.

and 1,897’ from W. Sec. line; 549a; 11.20; 0; Dart Ponds; NW1/4, Sec. 26, T8S, R86W, 6th P.M.; 551 2.0; 0.056; Clinton Pump,

Pipeline and Ditch; Located whence the N. quarter corner of Sec. 16, T9S, R85W, 6th P.M., bears N 36 deg. 36 min., E. 2,230’; 553a;

0.60; 0.033; 68312-F; NE1/4 NW1/4, Sec. 8, T9S, R85W, 6th P.M., 708’ from N. and 3,099’ from E. Sec. line; 557; Brush Creek; 3.50;

0.067; Cozy Pt. Well No. 1 (68020-F); SE1/4 NW1/4, Sec. 21, T9S, R85W, 6th P.M., 1,743’ from N. and 2,067’ from W. Sec. line; and

Cozy Pt. Well No. 2; SE1/4 NW1/4, Sec. 21, T9S, R85W, 6th P.M., 1,460’ from N. and 1,755’ E. of the W. Sec. line; 560a; 0.60; 0.033;

Cox Well (68349-F); NW1/4 NW1/4, Sec. 21, T8S, R86W, 6th P.M., 119’ from N. and 1,133’ from W. Sec. line; 567b; 0.20; 0.033;

Coates Well (67812-F); SW1/4 SW1/4, Sec. 9, T9S, R85W, 6th P.M., 588’ from S. and 1,188’ from W. Sec. line; 568; 0.40; 0.067;

60572; NE1/4 NE1/4, Sec. 20, T8S, R86W, 6th P.M., 86’ from N. and 20’ from E. Sec. line; 570; 2.20; 0.033; 68208-F; SW1/4 NE1/4,

Sec. 16, T9S, R85W, 6th P.M., 2,512’ from N. and 2,284’ from E. Sec. line; 573; 0.80; 0.033; Sparlin Well (68923); SE1/4 NW1/4,

Sec. 16, T9S, R85W, 6th P.M., 2,149’ from N. and 2,156’ from W. Sec. line; 578a; 8.20; 0.033; 74416-F; NE1/4 NW1/4, Sec. 8, T9S,

R85W, 6th P.M., 330’ from N. and 3,575’ from E. Sec. line; 579; 1.20; 0.033; Piampiano Well No. 1 (70305-F); NW1/4 SE1/4 Sec. 6,

T9S, R85W, 6th P.M., 2,189’ from S. and 1,345’ from E. Sec. line; 584a; 0.30; 0.067; LCW Well No. 1 (75614-F); NW1/4 SE1/4, Sec.

16, T9S, R85W, 1,755’ from S. and 2,052’ from E. Sec. line; and LCW Well No. 1 (75615-F); NW1/4 SE1/4, Sec. 16, T9S, R85W, 6th

P.M., 1,784’ from S. and 2,187’ from E. Sec. line; 589b; Trentaz Gulch; 0.70; 0; Multiple Ponds fed by K.N.C.B. Moore Ditch Ext.;

SW1/4 SW1/4, Sec. 26, T9S, R85W, 6th P.M.; 594a; 3; 0.033; 77199-F; NW1/4 NW1/4, Sec. 35, T9S, R85W, 6th P.M. 1,265’ from N.

and 482’ from W. Sec. line; and Willoughby Pond; Sec. 35, T9S, R85W, 6th P.M., 370’ E. of the W. and 1,155’ S. of the N. Sec. line;

596; 0.90; 0; Seis Ninos Pond; NE1/4 NE1/4, Sec. 36, T8S, R86W, 6th P.M. filled from Eli Cerise Ditch; 598a; 2.10; 0.033; 81572-F;

NE1/4 SW1/4, Sec. 16, T9S, R85W, 6th P.M. 2,531’ from S. and 2,604’ from W. Sec. line; 599; 1.70; 0; Sweet Aspen Sunny Side Pond;

Pond located in SE1/4, Sec. 27, T9S, R85W, 6th, P.M. filled from lateral off of Salvation Ditch or White Horse Springs Pipeline; 600;

0.80; 0.056; 76187-F; NE1/4 SW1/4, Sec. 9, T9S, R85W, 6th P.M. 2,250’ from S. and 1,950’ from W. Sec. line; 601; 7.20; 0.874; Lazy

Glen Well No. 1 (64537-F); NE1/4 SW1/4, Sec. 21, T8S, R86W, 6th P.M. 2,257’ from S. and 2,550’ from W. Sec. line; and Roaring

Fork Water Assoc Well Nos. 1 and 2 (11306-F / 11307-F); NW1/4 SE1/4, Sec. 21, T8S, R86W, 6th P.M. 1,983’ from S. and 1,977’

from E. Sec. line; and 76224-F (Well Pond); NE1/4 SW1/4, Sec. 21, T8S, R86W, 6th P.M. 2,511’ from S. and 2,122’ from W. Sec. line;

and Lazy Glen River Pump; NW1/4 SE1/4, Sec. 21, T8S, R86W, 6th P.M. 1,660’ from S. and 1,390’ from E. Sec. line; and Lazy Glen

Surface Diversion; NW1/4 SE1/4, Sec. 21, T8S, R86W, 6th P.M. 2,535’ from S. and 2,487’ from E. Sec. line; 608; 2.30; 0.033; 77227-

F-R; NE1/4 NW1/4, Sec. 16, T9S, R85W, 6th P.M. 341’ from N. and 1,485’ from W. Sec. line; 611; 12; 0.245; Bert Well No. 2 (81683-

F); SW1/4 SW1/4, Sec. 5, T9S, R85W, 6th P.M. 880’ from S. and 1,050’ from W. Sec. line; and Bert Well No. 3 (81684-F); SE1/4

SW1/4, Sec. 5, T9S, R85W, 6th P.M. 500’ from S. and 1650’ from W. Sec. line; and Bert Well No. 4 (78137-F); SW1/4 SW1/4, Sec.

5, T9S, R85W, 6th P.M. 760’ from S. and 410’ from W. Sec. line; and LRI Spring; NE1/4 NW1/4, Sec. 8, T9S, R85W, 6th P.M. 700’

from N. and 1,830’ from W. Sec. line; and O'Gara Ditch; Located whence the NW corner of Sec. 8, T9S, R85W, 6th P.M. bears N. 84

degs. W. a distance of 3,070’ (Case No. 84CW432); and Horse Barn Well; SW1/4 SW1/4, Sec. 5, T9S, R85W, 6th P.M. 1,078’ from S.

and 283’ from W. Sec. line; 622; 2.10; 0.089; 78370-F; SE1/4 NW1/4, Sec. 6, T9S, R85W, 6th P.M. 2,647’ from N. and 2,318’ from

W. Sec. line; and M&R Tailwater Ditch; NE1/4 SW1/4, Sec. 6, T9S, R85W, 6th P.M. 2,590’ from S. and 2,240’ from W. Sec. line; and

M&R River Pump; SE1/4 NW1/4, Sec. 6, T9S, R85W, 6th P.M. 2,640’ from S. and 2,450’ from W. Sec. line; 630; 3.20; 0.067; 78054-

F; NW1/4 NE1/4, Sec. 18, T8S, R86W, 6th P.M. 1,205’ from N. and 1,948’ from E. Sec. line; 634; 13.80; 0.134; AVR Dom. Well No .

1 (79035-F); SW1/4 SE1/4, Sec. 5, T9S, R85W, 6th P.M. 18’ from S. and 2,208’ from E. Sec. line; and AVR Dom. Well No. 2 (79036-

F); SW1/4 SE1/4, Sec. 5, T9S, R85W, 6th P.M. 359’ from S. and 2,579’ from E. Sec. line; 644; Cattle Creek; 1.10; 0.099; 81162 -F;

SE1/4 NW1/4, Sec. 17, T7S, R88W, 6th P.M., 1,850’ from N. and 2,225’ from W. of Sec. 17; and 78591-F; SW1/4 NE1/4, Sec. 17,

T7S, R88W, 6th P.M. 2,132’ from N. and 2,240’ from E. of Sec. 17; and 81128-F; SW1/4 NE1/4, Sec. 17, T7S, R88W, 6th P.M. 2,131’

from N. and 2,397’ from E. Sec. line; 646; 0.70; 0.033; RFC Well No. 7 (78836-F-R); SE1/4 SW1/4, Sec. 17, T8S, R86W, 6th P.M.,



1,110’ from S. and 2,600’ from W. Sec. line; 647a; 0.70; 0; 78773-F; SW1/4 NE1/4, Sec. 26, T8S, R86W, 6th P.M., 3,462’ from S. and

1,356’ from E. Sec. line; 651; 2.80; 0.056; HRHPUD Well C (79283-F); NE1/4 NE1/4, Sec. 20, T8S, R86W, 6th P.M., 140’ from N.

and 385’ from E. Sec. line; and Kester Ditch; NW1/4 NW1/4, Sec. 27, T8S, R86W, 6th P.M. whence the SE corner of Sec. 21 bears N.

15 degs. 20 mins.W, 320’, in Pitkin County; 660; 3; 0.089; IP Pump & Pipeline; NW1/4 SE1/4, Sec. 16, T9S, R85W, 6th P.M., 2,197’

from S. and 2,316’ from E. Sec. line; 670; 2.80; 0.067; Smith/Dolecki Well No. 1 (80066-F); NW1/4 NW1/4, Sec. 6, T9S, R85W, 6th

P.M., 1,187’ from N. and 1,135’ from W. Sec. line; and Smith/Dolecki Well No. 2 (80067-F); SE1/4 NW1/4, Sec. 6, T9S, R85W, 6th

P.M., 1,580’ from N. and 1,326’ from W. Sec. line; and Smith/Dolecki Smith Surface Diversion; NE1/4 NW1/4, Sec. 6, T9S, R85W,

6th P.M., 1,343’ from N. and 1,387’ W. Sec. line; 675; 3.20; 0; Gibbons Well No. 1 (80425-F); NE1/4 SE1/4, Sec. 26, T8S, R86W, 6th

P.M., 2,630’ from S. and 250’ from E. Sec. line; 676; 0.20; 0.033; 80133-F; SW1/4 SW1/4, Sec. 9, T9S, R85W, 6th P.M., 463’ from S.

and 1180’ from W. Sec. line; 683; 0.90; 0.033; RFC Well No. 4 (80821-F); NE1/4 NW1/4, Sec. 20, T8S, R86W, 6th P.M., 169’ from

N. and 2,706’ from E. Sec. line; and RFC Well No. 5 (80822-F); NW1/4 NE1/4, Sec. 20, T8S, R86W, 6th P.M., 779’ from N. and 1644’

from E. Sec. line; and Grace & Shehi Ditch; NE1/4 NE1/4, Sec. 20, T8S, R86W, 6th P.M., whence the NE corner of said Sec. 20 bears

46 degs. 32 mins. E. 1315.8’; 697 0.60; 03; 81564-F; NW1/4 SE1/4, Sec. 16, T9S, R85W, 6th P.M., 1,470’ from S. and 2,600’ from E.

Sec. line.District’s Service Area within Area A, Sub-Area A-3: For purposes of the Umbrella Plan approved in Decree 2 of 2, the Court

considered the District’s Area A-3, as depicted in Exhibit A, separately from Areas A-1, A-2 and A-4, which were considered within

Case No. 02CW77 Decree 1 of 2. Area A-3 contains a portion of the Roaring Fork River above its confluence with the Fryingpan River,

and designated trib., in which the District provides service under the Umbrella Plan, including through operation of the Subject Water

Right. General Description: Area A-3 includes structures that will divert water from within that portion of Area A encompassing all

areas trib. to the Roaring Fork River and its trib. in a stream reach extending from a downstream terminus at the confluence of the

Roaring Fork River with the Fryingpan River to an upstream terminus located at the confluence of the Roaring Fork River and Maroon

Creek, a distance of approximately 20 miles. The downstream terminus at the confluence of the Roaring Fork and Fryingpan rivers is

located in Pitkin County within the Town of Basalt in SE1/4, Sec. 7, T8S, R86 W. of the 6th P.M. The upstream terminus at the

confluence of the Roaring Fork River and Maroon Creek is located in Pitkin County near Aspen in NW1/4, Sec. 2, T10S, R85W, 6th

P.M. The boundaries of Area A-3 are depicted on the map attached as Exhibit A. PLSS Descript. of Lands Included within Area A-3:

T8S, R86W, 6th P.M.: Sec. 11: SE1/4; Sec. 13; Sec. 14; Sec. 15: S1/2; SW1/4 NW1/4; Sec. 16; Sec. 17; Sec. 18: E1/2; Sec. 19: N1/2;

NE1/4 SE1/4; Sec. 21 through 26; Sec. 27: N1/2; Sec. 28: N1/2; Sec. 29: NE1/4 NE1/4; Sec. 35: NE1/4; Sec. 36: N1/2; SE1/4. T9S,

R86W, 6th P.M.: Sec. 1; Sec. 12: NE1/4. T8S, R85W, 6th P.M.: Sec. 31; Sec. 32: SW1/4 SW1/4. T9S, R85W, 6th P.M.: Sec. 3: W1/2;

Sec. 4: SE1/4; Sec. 5: W1/2; Sec. 6; Sec. 7: N1/2; SE1/4; Sec. 8; Sec. 9; Sec. 10: NW1/4 NW1/4; Sec. 16; Sec. 17; Sec. 18: NE1/4;

SE1/4 SE1/4; Sec. 19: E1/2; Sec. 20; Sec. 21: NW1/4 NW1/4; NE1/4 NE1/4; Sec. 22: W1/2 W1/2; Sec. 26: S1/2 S1/2; Sec. 27; Sec. 28:

E1/2 E1/2; Sec. 33: NE1/4 NE1/4; SW1/4 SW1/4; Sec. 34; Sec. 35; Sec. 36: NW1/4. T10S, R85W, 6th P.M.: Sec. 2: NW1/4; Sec. 3;

Sec. 4: E1/2; Sec. 9: NE1/4 NE1/4; Sec. 10: N1/2; SW1/4. Major Trib. to the Roaring Fork River Included within Area A-3: Dry Woody

Creek: DWR Stream Id. No. 66, from its confluence with the Roaring Fork River in the NW1/4, Sec. 8, T9S, R85W, 6th P.M. upstream

to the headgate of the Simons Ditch located in the NW1/4 NW1/4 NE1/4, Sec. 8, T9S, R85W, 6th P.M., including all areas trib. to Dry

Woody Creek and the Roaring Fork River within this reach. That portion of Dry Woody Creek and its trib. above the headgate of the

Simons Ditch is in Area B and not included within the Umbrella Plan. Arbaney Gulch (also known as Deer Creek): from its confluence

with the Roaring Fork River in the NE1/4, Sec. 36, T8S, R86W, 6th P.M. upstream to the headgate of the Deer Creek No. 1 Ditch located

in the SE1/4 SE1/4 SE1/4, Sec. 25, T8S, R86W, 6th P.M., including all areas trib. to Arbaney Gulch and the Roaring Fork River within

this reach. That portion of Arbaney Gulch and its trib. above the headgate of the Deer Creek No. 1 Ditch is in Area B and not included

within the Umbrella Plan. Wheatley Gulch: from its confluence with the Roaring Fork River in the NE1/4, Sec. 27, T8S, R86W, 6th

P.M. upstream to its headwaters, including all areas trib. to Wheatley Gulch and the Roaring Fork River. Bionaz Gulch: from its

confluence with the Roaring Fork River in the SE1/4, Sec. 21, T8S, R86W, 6th P.M. upstream to its headwaters, including all areas trib.

to Bionaz Gulch and the Roaring Fork River. Galvin Gulch: from its confluence with the Roaring Fork River in the SE1/4, Sec. 34, T9S,

R85W, 6th P.M. upstream to its headwaters, including all areas trib. to Galvin Gulch and the Roaring Fork River. Trentaz Creek: from

its confluence with the Roaring Fork River in the NE1/4 SW1/4, Sec. 21, T9S, R85W, 6th P.M. upstream to the headgate of the KNCB

Moor Ditch No. 2 located in the NW1/4 SW1/4 SW1/4, Sec. 26, T9S, R85W, 6th P.M., including all areas trib. to Trentaz Creek and

the Roaring Fork River within this reach. That portion of Trentaz Creek and its trib. above the headgate of the KNCB Moor Ditch No.

2 is in Area B and not included within the Umbrella Plan. Owl Creek: DWR Stream Id. No. 14, from its confluence with the Roaring

Fork River located in the SW1/4, Sec. 27, T9S, R85W, 6th P.M. upstream to the headgate of the Stapleton Ditch located in NW1/4

NE1/4 SW1/4, Sec. 34, T9S, R85W, 6th P.M., including all areas trib. to Owl Creek and the Roaring Fork River within this reach. That

portion of Owl Creek and its trib. above the headgate of the Stapleton Ditch is in Area B and not included within the Umbrella Plan.

Brush Creek: DWR Stream Id. No. 12, from its confluence with the Roaring Fork River located in the NE1/4, Sec. 21, T9S, R85W, 6th

P.M. upstream to the headgate of the Brush Creek Ditch located in NE1/4 NE1/4 NW1/4, Sec. 21, T9S, R85W, 6th P.M., including all

areas trib. to Brush Creek and the Roaring Fork River within this reach. That portion of Brush Creek and its trib. above the headgate of

the Brush Creek Ditch is in Area B and not included within the Umbrella Plan. Integrated System: As decreed in Case No. 02CW77,

the Subject Water Right is a component of the District’s integrated water supply system to provide legal water supply to its constituents

in combination with other water rights it owns or contractually controls. See C.R.S. § 37 92-301(4)(b). A complete list of diligence



activities and expenditures is stated in the application. Claim to Confirm Absolute, in Part: The District augmented out-of-priority

depletions through use of the Subject Water Right for the benefit of those actively operated structures served under the District contracts

operating under the Umbrella Plan within Area A-3. Therefore, the District seeks confirmation that a portion of the Subject Water Right

has been made absolute as follows. Date Applied to Beneficial Use: July 16 through October 9, 2018. During this call period, the Subject

Water Right was utilized within the Umbrella Plan as aug. releases were introduced to the river system for the benefit of the calling

rights using supplies located at pts. located downstream of the pts. of diversion within Area A-3 augmented pursuant to the Umbrella

Plan. Use: Aug., by exchange, of out-of-priority depletions under active Area A-3 contracts identified in Table 2, Exhibit D. Amt.:

0.372 c.f.s., which is the cumulative max. instantaneous rate of depletion from actively operated structures augmented under the

Umbrella Plan using the Subject Water Right in Area A-3 between July 16 through October 9, 2018. (11 pages; 4 exh.)











18CW3222 COLORADO RIVER, APPLICATION FOR UNDERGROUND WATER RIGHT, Kilgore Companies, LLC dba

Elam Construction, Inc., Jon Mueller, 556 Struthers Ave, Grand Junction, CO 81501, 970-242-5370, [email protected]

and Ronald E. Tipping and Marie E. Tipping (Tippings), 1967 Broadway, Grand Junction, CO 81503, 970-243-2599, c/o Kirsten M.

Kurath, Williams, Turner & Holmes, P.C., 744 Horizon Court, Suite 115, Grand Junction, Colorado 81506, (970) 242-6262,

[email protected]. Structure: 23 Road Gravel Pit (the “Pit”). Colorado Division of Water Resources Well Permit No. 81853-F,

is attached to the Application as Exhibit A. After the final decree in this matter is entered, the Co-Applicants will file for an amended

well permit for the Pit to include the additional uses sought in this Application. Legal Description: The Pit is located within the

E1/2SE1/4 and SE1/4NE1/4 of Section 6 and the SW1/4SW1/4 of Section 5, Township 1 South, Range 1 West, Ute P.M., at the location

shown on the map attached to the Application as Figure 1. The center of the final Pit lake will be located at a point approximately 1,340

feet north of the south section line and 640 feet west of the east section line of said Section 6. Source and Depth: The Pit is a gravel pit

located in alluvial deposits adjacent to the Colorado River and will intercept and withdraw groundwater tributary to the Colorado River.

The estimated total maximum depth of the Pit will be twenty-eight (28) feet and the depth to groundwater is approximately six (6) feet.

Date of App: The appropriation was initiated on October 1, 1987, the date the Colorado Mined Reclamation Board approved the

succession of operators for the Pit from Corn Construction Company to Grand Junction Pipe & Supply Company, now owned by Elam,

together with planning of mining activities and physical inspection of property upon which mining activities are to occur, and the

formation of the intent to appropriate water as described herein. Date Applied to Beneficial Use: April 1, 1988. Amount and Uses

Claimed: 5.89 acre feet per year for product moisture losses (200,000 tons/year) 1.84 acre feet dust control (10,000 g.p.d. for 60 days of

operation/year), and 106.03 aggregate washing (576,000 g.p.d. for 60 days of operation/year), absolute; 202.5 acre feet per year for

evaporative loss from the 50 acres of exposed groundwater surface area left after mining is complete, conditional. This amount is the

annual net evaporation from the 50 surface acres left after mining. The calculation of the annual net evaporative losses claimed is shown

on Exhibit B to the Application. 1,200 g.p.m.(2.67 c.f.s) is the maximum pumping rate for dewatering the Pit. Elam maintains the Pit

in a dewatered state. Groundwater not used for the uses described above is discharged to an existing lake pit adjacent to the Colorado

River in the southwest portion of the property. 300 g.p.m.(0.67 c.f.s) for irrigation, conditional. Irrigation will be required during mine

reclamation and to support post-mine land use of the parcel on which the Pit is located. With a final Pit lake area of 50 acres, there is

the potential for irrigation of up to 40 acres of the 90 acre parcel. 1,200 g.p.m. (2.67 c.f.s.) for commercial purposes, conditional. Up to

6.14 acre feet of groundwater will be diverted at the Pit and transported for offsite commercial purposes. Groundwater exposed under

the water right for the Pit will also be used for wildlife and water fowl watering and habitat, piscatorial purposes, fire protection, and

non-consumptive recreational uses on the Tipping’s property. Remarks: Elam is currently mining sand and gravel at the Pit pursuant to

Colorado Division of Reclamation, Mining and Safety Permit No. M-1979-089, Elam has been mining sand, gravel and related products

from the Pit and the property on which it is located since 1988. After the termination of Elam’s sand and gravel extraction operations

under the Lease and any extensions or renewals thereof, the water right will be solely owned by the Tippings. Co-Applicants requests a

finding that the water which collects in the Pit is not in storage, as defined in §37-92-103(10.5), C.R.S., and that, in the administration

of the water rights granted pursuant to this Application, statutes and other law relating to the storage of water, including without

limitation §37-92-502(3), C.R.S., shall not be applicable. Name and Address of Owner of Land on Which Structures are Located: The

Pit is located on property owned by the Tippings. Elam has the right to conduct sand and gravel extraction operations in the area of the

Pit pursuant to a gravel lease agreement with the Tippings Co-Applicants request that the Court enter a decree approving this Application





for Underground Water Right, awarding the water right as claimed herein, and granting such other relief as may be proper and

appropriate. (8 pages)











18CW3223 IN GRAND COUNTY, COLORADO. Winter Park Recreational Association, c/o Bill Pruter, President, Nichols

Partnership, Inc., 1644 Platte Street, #130, Denver, Colorado 80202, Telephone (303) 291-2205, Email:

[email protected]. Please address all correspondence to: Peggy E. Montaño and Michael A. Kopp, Trout Raley, 1120

Lincoln Street, Suite 1600, Denver, CO 80203, Telephone: (303) 861-1963. APPLICATION FOR WATER RIGHT, ALTERNATE

POINT OF DIVERSION, PLAN OF AUGMENTATION, AND CONDITIONAL RIGHTS OF SUBSTITUTION AND

EXCHANGE 1. Names, mailing address, email address and telephone numbers of applicant(s): See above. 2. Description of

Application: By this Application, the Applicant seeks to implement terms of the Clinton Reservoir-Fraser River Water Agreement (July

21, 1992), as amended (“Clinton Agreement”), the Colorado River Cooperative Agreement (Sept. 26, 2013), as amended (“CRCA”),

and the 2012 Grand County Water Users’ Operating Plan (Oct. 9, 2013) (“2012 Operating Plan”). To that end, the Applicant makes the

following claims: first, Applicant seeks the right to divert up to 289.85 acre feet annually for snowmaking purposes delivered via the

Fraser River from the Fraser River and Williams Fork Collection System (“Moffat System”) of the City and County of Denver, acting

by and through its Board of Water Commissioners (“Denver Water”), pursuant to existing agreements with Denver Water at a back-up

or supplemental point of diversion known as the Fraser River Pump and Pipeline (“FRPPL”). Second, the Applicant seeks to add the

FRPPL as a back-up or supplemental point of diversion to the water rights decreed in Case No. 92CW332, Water Division 5. Third,

Applicant seeks to adjudicate a plan of augmentation by exchange to replace out-of-priority depletions associated with diversions of the

snowmaking water in the first claim, again pursuant to existing agreements with Denver Water. Fourth, the Applicant seeks adjudication

of a second exchange, which will allow Applicant to divert by exchange snowmaking return flows that drain to the Fraser River below

Applicant’s planned point of diversion for the FRPPL. The FRPPL will be constructed at the location described in Paragraph 3, below.

The FRPPL is already decreed to divert certain water, as described in Paragraph 7, below. First Claim: Water Right 3. Point of

Diversion: The FRPPL will be a diversion structure or infiltration gallery located in or immediately adjacent to the Fraser River at a

point in the NE1/4 of the SE1/4 of Section 10, T. 2 S, R. 76 W., of the 6th P.M., bearing S 9º15’W, a distance of 7,960 feet from the SE

corner of Section 34, T. 1 S., R. 75 W. of the 6th P.M., also described as UTM coordinates (NAD83 datum, Zone 13, meters): 434866.56

Easting, 4415481.49 Northing. A pipeline will run from the diversion structure to Denver Water’s Moffat System and to the Discovery

Park Pond. See map attached to the Application as Exhibit A. 4. Source: Applicant will divert water from Denver Water’s Moffat

System delivered to Applicant at the FRPPL via the Fraser River. Applicant and/or Denver Water will maintain dominion and control

over any water Denver Water releases or bypasses from the Moffat System from the point of release or bypass to the point of diversion

at the FRPPL. 5. Rate of Diversion: 14 cfs. 6. Supplies: Applicant will divert up to 289.85 acre-feet annually (the “Additional

Snowmaking Diversions”). The Additional Snowmaking Diversions are based upon Denver Water’s commitments in the Clinton

Agreement, Articles III.C.4 and III.C.6 of the CRCA, and Articles 9.C and 11.C.2 of the 2012 Operating Plan to augment depletions of

water Applicant diverts for snowmaking purposes at up to 5 times the amount of each of the following sources of water Applicant will

use to compensate Denver Water for the consumptive use portion of the Additional Snowmaking Diversions: A. Clinton Reservoir Dead

Pool Storage: An increase in the firm annual yield of Clinton Reservoir pursuant to Article III.C.4 of the CRCA, as decreed in Case No.

06CW252, Water Division No. 5, of which Applicant is entitled to 20.03 acre-feet annually, for a total snowmaking diversion of 100.15

acre-feet annually. B. Clinton Reservoir Converted Spillway Enlargement Yield: The yield from the spillway enlargement of Clinton

Reservoir pursuant to Article III.C.6 of the CRCA, which allows a spillway enlargement of up to 500 acre-feet. The Clinton Ditch &

Reservoir Company may allocate the supply from the spillway enlargement as either fourth year supply for Clinton Reservoir Yield or

to increase Clinton Reservoir Yield on the current three-year basis, of which Applicant will be entitled to up to 12.5 acre-feet annually,

for a total snowmaking diversion of 62.5 acre-feet annually. C. Additional 20% Water: This consists of 25.44 acre-feet of water made

available annually from Denver Water’s Moffat System, which contractual entitlement Applicant acquired from the City of Arvada by

Special Warranty Deed dated August 19, 1996. It is currently administered pursuant to temporary delivery agreements between

Applicant and Denver Water, the most recent of which is dated September 29, 2014. Pursuant to Article III.E.16 of the CRCA, Denver

Water will permanently allocate the Additional 20% Water to Applicant upon completion of the snowmaking return flow recapture

program described in Paragraph 9.D of the 2012 Operating Plan, namely construction of the FRPPL and related infrastructure.



Applicant’s 25.44 acre-feet allows for a total snowmaking diversion of up to 127.2 acre-feet annually. 7. Additional Supplies: The

FRPPL is already decreed to divert the following: A. Snowmaking Return Flows: Return flows of water used for snowmaking pursuant

to the following decrees: 1. Decree, Case No. 92CW332, District Court, Water Division No. 5 (Jan. 17, 1996): This decree approves

Applicant’s right to divert return flows of water applied to snowmaking pursuant to the July 21, 1992 Clinton Reservoir-Fraser River

Water Agreement (“Clinton Agreement”), pursuant to the methodology decreed therein, and deliver said snowmaking return flows to

Denver Water’s Moffat System. 2. Decree, Case No. 16CW3159, District Court, Water Division No. 5 (November 25, 2018): This

decree approves Applicant’s right to divert return flows of water applied to snowmaking pursuant to Applicant’s water right for the

Discovery Park Pond and store said snowmaking return flows in the Discovery Park Pond. B. Discovery Park Pond: Pursuant to the

decree in Case No. 16CW3159, Applicant will divert water at a rate of up to 6 cfs at the FRPPL to fill the Discovery Park Pond. The

Discovery Park Pond will be a lined reservoir with a capacity of 40.4 acre-feet located in the N1/2 SW1/4 of Section 10, Township 2

South, Range 75 West, of the 6th P.M.; also described as UTM coordinates (NAD83 datum, Zone 13, meters): 434021.37 Easting,

4415717.98 Northing. See the map attached to the Application as Exhibit A. The Discovery Park Pond will be an off-channel reservoir.

C. Additional Bypass Water: Article III.E.20 of the CRCA states: “Upon issuance and acceptance by Denver Water of permits necessary

for the Moffat Project, Denver Water agrees to make an additional 375 acre-feet of water available to Grand County Water Users.”

Pursuant to the CRCA and the Article III Implementation Agreement between Denver Water and Applicant dated Sept. 26, 2013,

Applicant’s share of the Additional Bypass Water is 100 acre-feet. Denver Water adjudicated the right to deliver the Additional Bypass

Water to Applicant at the FRPPL and other existing points of diversion in the decree in Case No. 11CW152 (Mar. 15, 2016), Water

Division No. 5. 8. Use: Snowmaking within the boundaries of Winter Park Ski Area and Resort, with the right to recapture all

snowmaking return flows attributable to diversions fully augmented at the time of diversion. 9. Date of Appropriation: A. 25.44 acre-

feet: November 6, 2000, the date 25.44 acre-feet of Additional 20% Water was first used for snowmaking purposes pursuant to a

substitute water supply plan approved by the State Engineer and annually renewed since that date. 1. How Appropriation Was Initiated:

Execution of agreements with Denver Water providing for the use of 25.44 acre-feet of water from Denver Water’s Moffat system for

snowmaking purposes, application for and approval of a substitute water supply plan, and application of water to beneficial use. B.

264.41 acre-feet: The date of the filing of this Application for all Additional Snowmaking Diversions beyond 25.44 acre-feet annually.

1. How Appropriation Was Initiated: Filing of this Application, engineering and planning work associated with preparing this

Application, together with the formation of intent to appropriate as evidenced by the filing of this Application. C. All diversions of the

Additional Snowmaking Diversions will consist entirely of water Denver Water has historically diverted via its Moffat System and

transported via the Moffat Tunnel for use on the East Slope. Pursuant to the agreements described in Paragraph 6, above, Denver Water

will instead deliver a portion of this water to the Applicant via the Fraser River. These deliveries represent water that was or would

have been diverted by Denver Water and would not be available for use by downstream water users regardless of the Applicant’s receipt

of such deliveries. 10. Conditions: A. Pursuant to Paragraph 9.D of the 2012 Operating Plan, the FRPPL is intended to be a supplemental

or secondary point of diversion for snowmaking water. Diversions of snowmaking water at the FRPPL shall occur only when adequate

snowmaking supplies from the points of diversion described in Paragraph 13, below, are not available. This limitation shall not be

applicable to the recapture of snowmaking return flows. B. The Additional Snowmaking Diversions shall also be subject to all other

provisions of the 2012 Operating Plan, including but not limited to, the shortage allocation provisions in Paragraph 3.B of the 2012

Operating Plan, as provided in Paragraph 9.D of the 2012 Operating Plan. Recapture of snowmaking return flows shall not be subject

to the shortage allocation provisions of the 2012 Operating Plan, as provided therein. C. Diversions of water at the FRPPL will also be

subject to the 2013 agreement between Applicant and Winter Park Water and Sanitation District (“WPWSD”). This limitation shall not

be applicable to the recapture of snowmaking return flows. Second Claim: Alternate Point of Diversion 11. Alternate Point of

Diversion: By this application, Applicant seeks to add the FRPPL as an alternate point of diversion for the water rights decreed in Case

No. 92CW332. 12. Original Decree: Case No. 92CW332, Water Division No. 5 (Jan. 17, 1996). 13. Original Points of Diversion: A.

Winter Park/Mary Jane Snowmaking Diversion: The originally decreed location of the point of diversion in Case No. 92CW332 was “a

point in Denver Water’s Moffat System located in the NE1/4 SW1/4 of Section 10, Township 2 South, Range 75 West of the 6th P.M.,

which bears S. 26º00’ W. a distance of 7,480 feet from the NE corner of Section 3, Township 2 South, Range 75 West of the 6th P.M.

The basis of bearing is the East section line of said Section 3 which bears more or less due south.” This description was based upon

available mapping at the time, which included complete surveyed sections only for Township 1 South, Range 75 West of the 6th PM.

Based on current mapping, the description of the point of diversion is a point in Denver Water’s Moffat System located in the NE 1/4

SW1/4 of Section 10, Township 2 South, Range 75 West of the 6th P.M., which bears S. 26º00’ W. a distance of 7,480 feet from the SE

corner of Section 34, Township 1 South, Range 75 West of the 6th P.M, or, at UTM Coordinates (NAD83 datum, Zone 13, meters):

Northing: 4415821, Easting: 434266. B. Vasquez Mountain Snowmaking Diversion: The originally decreed location of the point of

diversion in Case No. 92CW332 was “a point in Denver Water’s Moffat System located in the NW1/4 NW1/4 of Section 9, Township

2 South, Range 75 West of the 6th P.M., which bears S. 65º15’ W. a distance of 12,100 feet from the NE corner of Section 3, Township

2 South, Range 75 West of the 6th P.M. The basis of bearing is the East section line of said Section 3, which bears more or less due

south.” This description was based upon available mapping at the time, which included complete surveyed sections only for Township

1 South, Range 75 West of the 6th PM. Based on current mapping, the description of the point of diversion is a point in Denver Water’s

Moffat System located in the NW 1/4 NW1/4 of Section 9, Township 2 South, Range 75 West of the 6th P.M., which bears S. 65º15’



W. a distance of 12,100 feet from the SE corner of Section 34, Township 1 South, Range 75 West of the 6th P.M., or, at UTM Coordinates

(NAD83 datum, Zone 13, meters): Northing: 4416339, Easting: 431920. 14. Proposed Alternate Point of Diversion: The FRPPL, located

at the point described in Paragraph 3, above. 15. Priority Date: July 21, 1992, as decreed in Case No. 92CW332. 16. Amount: 14 cfs.

As provided in paragraph 7.C of the decree in Case No. 92CW332, diversions of snowmaking water under the augmentation plan

approved in that decree may not exceed 14 cfs, collectively, for all diversion points. 17. Conditions: Diversions of water at the FRPPL

pursuant to Case No. 92CW332 will be subject to all terms and conditions approved in that decree, as well as the following: A. A

provided in Paragraph 9.D of the 2012 Operating Plan, the FRPPL is intended to be a supplemental or secondary point of diversion for

snowmaking water, and diversions of snowmaking water shall occur only when adequate snowmaking supplies from the points of

diversion in Paragraph 13, above, are not available. This limitation shall not be applicable to the recapture of snowmaking return flows.

B. As also provided in 9.D of the 2012 Operating Plan, diversions of water at the FRPPL shall also be subject to the shortage allocation

provisions in Paragraph 3.B of the 2012 Operating Plan. This limitation shall not be applicable to the recapture of snowmaking return

flows. C. Diversions of water at the FRPPL will also be subject to the 2013 agreement between Applicant and Winter Park Water and

Sanitation District (“WPWSD”). This limitation shall not be applicable to the recapture of snowmaking return flows. Third Claim:

Augmentation Plan, Including Exchange 18. Overview: In Case No. 92CW332, Water Division 5, Applicant adjudicated a right of

substitution and exchange to augment snowmaking diversions of up to 450 acre-feet per year, which Applicant acquired the right to

divert via the Clinton Agreement, and which Denver Water also agreed in the Clinton Agreement to augment. The Applicant has since

acquired the right to divert the Additional Snowmaking Diversions in the amount of up to 289.85 acre-feet per year, as described in

Paragraph 6, above, and Denver Water has agreed to augment these diversions. The Applicant now seeks to adjudicate an additional

plan of augmentation, including exchange, to replace out-of-priority depletions associated with 289.85 acre-feet per year of Additional

Snowmaking Diversions described in Paragraph 6 consistent with and complementary to Applicant’s original augmentation plan and

exchange approved in Case No. 92CW332. Applicant’s diversions for snowmaking purposes pursuant to both the augmentation plan

approved in Case No. 92CW332, up to 450 acre-feet annually, and the augmentation plan sought herein, up to 289.85 acre-feet annually,

will total up to 739.85 acre-feet annually. As described in Paragraph 9.C, above, the Additional Snowmaking diversions are water

Denver Water has historically diverted as part of its Moffat System and transported through the Moffat Tunnel for use on the eastern

slope. Denver Water will now, under and subject to the terms of the Clinton Agreement, the CRCA, and the 2012 Operating Plan,

deliver to the Applicant or allow the Applicant to divert from the Moffat System such water for snowmaking purposes, will augment

the Additional Snowmaking Diversions one for one by releases from the reservoirs described in Paragraph 20 below, and will recapture

the snowmaking return flows as described in Paragraph 24 below. 19. Structures to Be Augmented by Exchange: A. Winter Park/Mary

Jane Snowmaking Diversion: As described in Paragraph 13.A, above. B. Vasquez Mountain Snowmaking Diversion: As described in

Paragraph 13.B, above. C. FRPPL: As described in Paragraph 3, above. 20. Water Rights to Be Used for Augmentation by Exchange:

A. Williams Fork Reservoir: 1. Date Entered: November 5, 1937; 2. Case: Case No. CA-657; 3. Court: District Court; 4. Type of Water

Right: Storage; 5. Legal description of point(s) of diversion or place of storage: The decreed location of the reservoir is in Sections 23,

25, 26, 27, 34, 35, and 36, T. 1 N., and Sections 1 and 2, T. 1 S., all in R. 79 W., 6th P.M.; 6. Source: Williams Fork River; 7. Amount:

93,637 acre-feet; and 8. Appropriation Date: November 10, 1935. B. Williams Fork Reservoir: 1. Date Entered: November 7, 1974,

nunc pro tunc May 30, 1972; 2. Case: Case No. CA-1430; 3. Court: District Court; 4. Type of Water Right: Storage; 5. Legal description

of point(s) of diversion or place of storage: Located in the channel of the Williams Fork River upstream from a dam located thereon,

said dam more particularly described, to-wit: The initial point of survey for said dam is located at the southeast end thereof whence the

Southeast Corner of Section 23, T. 1 N., R. 79 W., of the 6th P.M. bears South 24º53’ E. a distance of 2,175 feet; 6. Source: Williams

Fork River and the streams and tributary drainage entering said reservoir at and above and below its high water line; 7. Amount: 93,637

acre-feet; and 8. Appropriation Date: October 9, 1956 C. Wolford Mountain Reservoir: 1. Date Entered: November 20, 1989; 2. Case:

Case No. 87CW284; 3. Court: District Court; 4. Type of Water Right: Storage; 5. Legal description of point(s) of diversion or place of

storage: The dam is located in the SW1/4 of the NE1/4 of Section 25, T. 2 N., R. 81 W. of the 6th P.M. The intersection of the dam axis

with the right abutment will occur at a point which bears S. 54º54’20” E. a distance of 3,716.46 feet from the NW Corner of said Section

25; 6. Source: Muddy Creek and its tributaries, all tributary to the Colorado River; 7. Amount: 59,993 acre-feet; and 8. Appropriation

Date: December 14, 1987. 21. Maximum Rate of Exchange: 14 cfs A. The Additional Snowmaking Diversions will be limited to the

period from September 15 to April 1. B. The Additional Snowmaking Diversions will not exceed the rate of 7 cfs at each of the Diversion

Points described in Paragraphs 19.A and 19.B, above, 14 cfs at the Diversion Point described in Paragraph 19.C, and 14 cfs, collectively,

at all Diversion Points described in Paragraph 19. C. The Winter Park Second Snowmaking Exchange will be subject to an annual

volumetric limit of 289.85 acre-feet. 22. Appropriation Date: The date of the filing of this Application. A. How Appropriation Was

Initiated: Filing of this Application, engineering and planning work associated with preparing this Application, together with the

formation of intent to appropriate as evidenced by the filing of this Application. B. The Additional Snowmaking Diversions shall be

subject to the shortage allocation and other provisions of the 2012 Operating Plan. 23. Operation of Plan for Augmentation by Exchange:

A. During each period September 15 through April 1 (the “Snowmaking Season”), Applicant will record daily and report to the Clinton

Ditch and Reservoir Company (“CDRC”) the amount of Additional Snowmaking Diversions. The CDRC will report to the State

Engineer and Denver Water on the same day each week the amount of Additional Snowmaking Diversions during the prior seven days.

B. Denver Water will release or cause to be released water from Williams Fork Reservoir or, if legally available, Wolford Mountain



Reservoir in the amount of the Additional Snowmaking Diversions. For Additional Snowmaking Diversions made between September

15 and January 1, such releases will be made by the 15th day of the month following the month of Additional Snowmaking Diversions,

or as otherwise may be agreed to between Denver Water and the Division Engineer. For Additional Snowmaking Diversions made after

January 1, the releases will be made in the week following such Additional Snowmaking Diversions, or as otherwise may be agreed to

between Denver Water and the Division Engineer. C. Applicant will install and maintain such measuring devices as deemed necessary

by the State Engineer pursuant to C.R.S. § 37-92-502(5) to administer this exchange. Applicant will also implement such accounting

and reporting procedures as may be reasonably required by the State Engineer or Division Engineer to administer this exchange. 24.

Snowmaking Return Flows: 100% of the Additional Snowmaking Diversions will be replaced as provided above. Moreover, the

Additional Snowmaking Diversions are water Denver Water would otherwise have diverted through the Moffat System to the eastern

slope and thus were historically fully consumptive to the Fraser and Williams Fork River systems. Under the Clinton Agreement and

as decreed in Case No. 92CW332 and herein, Denver Water has the right to recapture, reuse, and dispose of or otherwise receive credit

for all return flows attributable to the Additional Snowmaking Diversions (the “Additional Snowmaking Return Flows”). Pursuant to

the decree in Case No. 92CW332, the Additional Snowmaking Return Flows will be accounted for as 80% of the amount of the

Additional Snowmaking Diversions, except as provided in Paragraph 24.H below. A. Additional Snowmaking Return Flows from areas

naturally tributary to Denver Water’s Moffat System will be captured directly by Denver Water. B. Additional Snowmaking Return

Flows from areas not naturally captured by Denver Water’s existing Moffat System will return to the Fraser River above the FRPPL,

except as provided in Paragraph 24.C, below. Additional Snowmaking Return Flows from these areas will be captured by the FRPPL

and pumped back to Denver Water’s Moffat System. C. Additional Snowmaking Return Flows from the Turnpike and Sorensen Park

runs also are not naturally captured by Denver Water’s existing Moffat System but return to the Fraser River downstream of the FRPPL.

Additional Snowmaking Return Flows from this area will be exchanged back to the FRPPL, pursuant to the right of substitution and

exchange described in Paragraphs 25-31, below, where they will be captured and pumped back to Denver Water’s Moffat System. D.

Applicant will separately measure and record the amount of Additional Snowmaking Diversions applied to tributary areas, nontributary

areas, and the Turnpike and Sorenson Park runs. During the ensuing spring runoff, Applicant will divert on behalf of Denver Water at

the FRPPL, described in Paragraph 3, above, an amount equal to 80% of the Additional Snowmaking Diversions applied to the

nontributary area and may divert by exchange 80% of the amount applied to the Turnpike and Sorensen Park runs, consistent with the

terms of that exchange. All nontributary return flows diverted at the FRPPL either directly or by exchange were fully replaced at the

time of diversion and will belong to Denver Water. They can be diverted at the FRPPL and used by Denver Water as part of its Moffat

System. E. Pursuant to the methodology for recapture of snowmaking return flows detailed in Paragraphs 9.D and 9.E of the decree in

Case No. 92CW332, diversion of snowmaking return flows will be timed to be directly proportional to the melting snowpack. For

example, if a total snow depth of 48 inches is recorded on April 1 and a depth of 40 inches is recorded on April 8, the snowpack depth

would have been reduced by 16.7% (8 inch loss/48 inch total) during the week. During this week, water could be diverted in the amount

of 16.7% of the total calculated Additional Snowmaking Return Flows. Thus, if 20 acre-feet had been used for snowmaking, there

would be 16 acre-feet of total snowmaking return flows (20 x 80%). Of this 16 acre-feet, 2.672 (16 x 16.7%) could be diverted during

April 1 to April 8. During a week when snowpack increased due to a late season storm, no snowmaking return flows would be available

for diversion. F. Snowpack depth measurements will be taken weekly beginning April 1 of each year and continuing until all snowpack

is gone. Snowpack depth measurements will be taken in the same place, and in the same manner, approved for snowpack depth

measurements pursuant to the decree in Case No. 92CW332. G. Applicant shall only divert nontributary return flows attributable to the

Turnpike and Sorensen Park runs, pursuant to the right of substitution and exchange claimed below. H. Until such time as the

snowmaking return flow studies (“Snowmaking Return Flow Studies”) contemplated by Article III.B.14.a of the CRCA and Paragraph

9.C of the 2012 Operating Plan have been completed, the Applicant may account for snowmaking return flows from the Additional 20%

Water using the 80% return flow factor approved in Case No. 92CW332. Once the Snowmaking Return Flow Studies for Winter Park

Ski Area and Resort have been completed, the Applicant shall, beginning the first full snowmaking season following the completion of

the studies, account for snowmaking return flows from the Additional 20% Water using a return flow ratio derived from the Winter Park

Snowmaking Return Flow Studies (the “Snowmaking Return Flow Studies Ratio”). The Snowmaking Return Flow Studies Ratio shall

be not more than 5 to 1 (or such other ratio based on the amount of credited snowmaking return flows established by subsequent decrees).

Denver Water and Applicant agree to cooperate in maximizing the amount of snowmaking return flows in any Water Court proceeding.

During the spring runoff, the Applicant may divert 80%, or the Snowmaking Return Flow Studies Ratio, as appropriate, of water applied

to snowmaking from the Additional 20% Water. Snowmaking return flows attributable to the Clinton Reservoir Dead Pool Storage and

the Clinton Reservoir Converted Spillway Enlargement Yield will continue to be accounted for using the 80% return flow factor pursuant

to paragraph 2(b) of the Clinton Agreement and will not be accounted for using the Snowmaking Return Flow Studies Ratio. Fourth

Claim: Substitution and Exchange 25. Name of Exchange: Snowmaking Return Flow Exchange 26. Overview: Return flows from

water applied to snowmaking on the Turnpike and Sorensen Park runs drain to the Fraser River below the FRPPL point of diversion.

Applicant will divert such return flows by exchange to the FRPPL as described herein. 27. Upstream Terminus: The upstream terminus

of the exchange reach is the FRPPL, whose location is specified in Paragraph 3, above. 28. Downstream Terminus: The downstream

terminus of the exchange reach is a point in the NW1/4 NE1/4 of Section 10, Township 2 South, Range 75 West, of the 6th P.M. in

Grand County, Colorado, at UTM coordinates (NAD83 datum, Zone 13, meters): 434545.00 Easting, 4416276.00 Northing. 29.



Maximum Rate of Exchange: 0.3 cfs A. The amount, availability, and timing of return flows from the Turnpike and Sorensen Park runs

will be determined using the methodology described in Paragraph 24, above; the decree in Case No. 92CW332; or the decree in Case

No. 16CW3159, as applicable to each source of return flows identified in Paragraph 30, below. 30. Sources of Water to Be Exchanged:

Snowmaking return flows applied to the Turnpike and Sorenson Park areas attributable to water applied to snowmaking pursuant to the

decrees in Case Nos. 92CW332, 11CW152, 16CW3159, the decree entered in this case, and any other source of water legally available

to the Applicant for snowmaking purposes, the return flows of which may be lawfully diverted pursuant to the decree(s) governing the

use of such water. 31. Appropriation: A. Appropriation Date: The date of the filing of this application. B. How Appropriation Was

Initiated: Filing of this Application, engineering and planning work associated with preparing this Application, together with the

formation of intent to appropriate as evidenced by the filing of this Application. 32. General Terms and Conditions: A. Applicant’s use

of water pursuant to the rights sought in this Application will be subject to all existing decrees and agreements governing the use of such

water, including but not limited to the CRCA, the 2012 Operating Plan, and the Clinton Agreement, as amended. 33. Name(s) and

address(es) of owner(s) or reputed owners of the land upon which any new or existing diversion or storage structure, or modification to

any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification

to the existing storage pool: A. Applicant. B. United States Forest Service Forest Supervisor’s Office 2150 Centre Avenue, Building E

Fort Collins, Colorado 80526. (15 pages)











18CW3224 (11CW60, 03CW248, 02CW408, 96CW374) GRAND COUNTY – GROUNDWATER TRIBUTARY TO RANCH

CREEK, TRIBUTARY TO THE FRASER RIVER, TRIBUTARY TO THE COLORADO RIVER. APPLICATION FOR

FINDING OF REASONABLE DILIGENCE. Applicant: Ranch Creek Ranch Owners Association, c/o Sara Dunn, Erika Gibson,

Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602, 970-945-6546. CLAIM FOR FINDING OF REASONABLE

DILIGENCE. Original Decrees: The Ranch Creek Ranch Residential Wells, Ranch Creek Ranch Pond and Ranch Creek Ranch

Appropriative Right of Exchange water rights were decreed in Case No. 96CW374. Case No. 02CW408 added the RCR Pond Well as

an additional source of water for filling the Ranch Creek Ranch Pond and amended the aug. plan and appropriative right of exchange

decreed in Case No. 96CW374. Subsequent Decrees: Case Nos. 03CW248, 04CW222, and 11CW60. Structures: Ranch Creek Ranch

Residential Wells No. 1, 2, 8, 11, 13, 14, 16, 17, 18, 21 and 22, groundwater rights. Legal: A well field for the development of up to 24

residential wells located in NE1/4 of Sec. 21, SE1/4 of Sec. 16, and SW1/4 of Sec. 15, T1S, R75W. 6th P.M., Grand County. Approp.

Date: August 21, 1996. Amount: 15 g.p.m. per well. Use: Dom., lawn irr., watering of dom. animals, and fire prot. Each lot will have

approx. 750 sq. ft. of lawn and garden irr. area. Structure: RCR Pond Well, a groundwater right. Legal: SW1/4 SW1/4, Sec. 15, T1S,

R75W, 6th P.M., within 200’of a pt. located 415’N. of S. Sec. line and 1,050’ of W. Sec. line of Sec. 15. Approp. Date: July 25, 2002.

Amount: 15 g.p.m., of which 7 g.p.m. is absolute. The well is 400’ deep. Use: Water from the RCR Pond Well is used only to top-off

and replace losses from the Ranch Creek Ranch Pond. The well is used to fill or refill the RCR Pond. Structure: Ranch Creek Ranch

Pond, a storage water right. Legal: Center of the pond is in the SW1/4 SW1/4, Sec. 15, T1S, R75W, 6th P.M., Grand County at a pt.

approx. 460’ N. and 1,120’ E. of the SW Corner of Sec. 15. Approp. Date: August 21, 1996. Amount: 20 a.f., conditional. Active

Capacity: 20 a.f., Dead Storage: none, Surface Area: 2.0 acres. Use: Rec., Pisc., fish and wildlife prop., fire prot., aug. and exchange.

Structure: Ranch Creek Ranch Appropriative Right of Exchange is an exchange that utilizes Middle Park Water Conservancy District

contract for Windy Gap water and Wolford Mountain Reservoir water. Lower Termini: begins at either the confluence of the Fraser and

the Colorado Rivers or, alternatively, at the confluence of Muddy Creek and the Colorado River. The confluence of Muddy Creek and

the Colorado River is in the NW1/4 NE1/4 of Sec. 19, T1N, R80W, 6th P.M., a pt. approx. 150’ from N. Sec. line and 1,975’ from E.

Sec. line. Upstream Terminus: the uppermost pt. of influence on Ranch Creek where depletions associated with the Ranch Creek Ranch

Residential Wells, Ranch Creek Ranch Pond, and the RCR Pond Well affect the creek, generally located in SE1/4 Sec. 16, T1S, R75W,

6th P.M. Approp. Date: August 21, 1996, except that the approp. date for the exchange to the RCR Pond Well is July 25, 2002 (Case

No. 02CW408). Amount: 0.02 cfs, of which 0.01 cfs is absolute. Remarks: In Case No. 11CW60, the Court cancelled the Ranch Creek

Ranch Spring, which was a decreed exchange-to-point for the Ranch Creek Ranch Appropriative Right of Exchange. A complete list of

diligence activities is included in the Application. CLAIMS TO CONFIRM ABSOLUTE, IN PART. Ranch Creek Ranch Pond: Date

Stored for Beneficial Use: April 12, 2016. Amount: 2.06 a.f. Use: All decreed uses. Ranch Creek Ranch Well No. 16 – Well Permit No.

77427-F. Amount: 13.2 g.p.m., at a depth of 298’. As-Built Location: Lot 16 in SW1/4 SW1/4, Sec. 15, T1S, R75W, 6th P.M., UTM



Coordinates in NAD 83: 433895 E., 4422770 N. Date Applied to Beneficial Use: April 12, 2016. Ranch Creek Ranch Well No. 21–

Well Permit No. 78867-F. Amount: 10 g.p.m, at a depth of 280’. As-Built Location: Lot 21 in the SE1/4 SE1/4, Sec. 16, T1S, R75W,

6th P.M. UTM Coordinates in NAD83: 433654 E., 4423132 N. Date Applied to Beneficial Use: April 12, 2016. Ranch Creek Ranch

Well No. 22–Well Permit No. 79112-F. Amount: 12 g.p.m., at a depth of 240’. As-Built Location: Lot 22 in NE1/4 SE1/4, Sec. 16, T1S,

R75W, 6th P.M. UTM Coordinates in NAD83: 433602 E., 4423128 N. Date Applied to Beneficial Use: April 12, 2016. (8 pages, 4

Exhs.)











18CW3225 (13CW3001, 06CW173, C.A. 1266) Colorado Division of Parks and Wildlife and the Parks and Wildlife Commission,

6060 Broadway, Denver, CO 80216, Email: [email protected], Telephone: 303-291-7466. APPLICATION TO MAKE A

PORTION OF CONDITIONAL WATER RIGHT ABSOLUTE AND FOR A FINDING OF REASONABLE DILIGENCE IN

FRIELER DITCH IN EAGLE COUNTY, District Court, Water Division 5, Colorado, Garfield County Courthouse, 109 8 th Street,

Suite 104, Glenwood Springs, Colorado 81601. Please send all pleadings and correspondence to: Heather A. Warren, Elizabeth M.

Joyce, Joseph G. Phillips Assistant Attorneys General, 1300 Broadway, 7th Floor, Denver, CO 80203, Email: [email protected],

[email protected], [email protected], Telephone: (720) 508-6266, (720) 508-6761, (720) 508-6265. 1. Name, mailing

addresses, and telephone number of applicant: Colorado Division of Parks and Wildlife and the Parks and Wildlife Commission (“CPW”

or “Applicant”), Attn: Ed, Perkins, Water Rights Administrator, 6060 Broadway, Denver, CO 80216, (303) 297-1192 |

[email protected]. 2. Name of water right: Christine Enlargement of the Frieler Ditch (also subsequently referred to as “Christine

Enlargement Conditional Water Right”). 3. History: CPW owns and maintains the Basalt State Wildlife Area (“Basalt SWA”) located

in Pitkin and Eagle Counties. The water right for the Christine Enlargement of the Frieler Ditch was originally decreed 0.6 c.f.s. absolute

and 3.4 c.f.s. conditional on November 14, 1908, in C.A. 1266. The lands where the Christine Enlargement of the Frieler Ditch water

right point of diversion and place of use are located were owned by Christine Luchsinger at the time the decree in C.A. 1266 was entered.

CPW acquired said lands and water rights for use at the Basalt SWA and refers to the portion of the Basalt SWA at issue in this

proceeding as the Christine Unit. The Christine Unit is located in Eagle County. The decree entered in Case No. 06CW173 confirmed

reasonable diligence for the 3.4 c.f.s. Christine Enlargement Conditional Water Right originally decreed in C.A. 1266 for irrigation of

170 acres on the Christine Unit. Decrees entered in Case Nos. 06CW173 and 13CW3001 respectively clarified the location of the point

of diversion and the place of use for the Christine Enlargement Conditional Water Right using current PLSS and UTM coordinate

information. By this application, CPW seeks to make an additional 0.55 c.f.s. of the Christine Enlargement Conditional Water Right

absolute, for a total absolute amount of 1.15 c.f.s., and seeks a finding of reasonable diligence for and continuation of the remaining

conditional amount of 2.85 c.f.s. 4. Description of conditional water rights to make absolute: A. Date of original decree: November 10,

1908, C.A.1266, Garfield County District Court. B. Subsequent decrees awarding findings of diligence: Case No. 06CW173, entered

on December 19, 2012, by the District Court in and for Water Division 5. The 06CW173 decree also clarifies the location of the point

of diversion for the Christine Enlargement Conditional Water Right. C. Decree granting change in place of use: Case No. 13CW3001,

entered on March 9, 2014, by the District Court in and for Water Division 5. The 13CW3001 decree confirms change of place of use of

the Christine Enlargement Conditional Water Right as required by a term and condition of the decree in Case No. 06CW173. D. Legal

description of point of diversion: As clarified in Case No. 06CW173, the location of the point of diversion for the Christine Enlargement

Conditional Water Right is at the following UTM coordinates: Northing: 4363186 m; Easting: 323908 m (NAD 83, Zone 13N). A map

depicting the location of the point of diversion is attached as Exhibit A. E. Source: Luchsinger Creek, a/k/a Frieler Creek, tributary to

the Roaring Fork River, tributary to the Colorado River. F. Appropriation date: September 4, 1905. G. Amount: 3.4 cfs conditional. H.

Use: Irrigation. I. Place of use: As confirmed by the decree in Case No. 13CW3001, the place of use of the Christine Enlargement

Conditional Water Right is: 170 acres of land located within the S1/2 of Lot 10, the S1/2 of Lot 11, Lots 13, 14, 15, 17, the SE1/4 of

Lot 18, Lots 19, 28, and 29, as well as the E1/2 of the NW1/4 of the SW1/4 and the NE1/4 of the SW1/4, and the E1/2 of the SW1/4 of

the SW1/4 of Section 1; and Lots 11 and the E1/2 of Lot 12 of Section 12; all in Township 8 South, Range 87 West, 6th P.M. A map

depicting the place of use is attached as Exhibit A. 5. Detailed outline of what has been done toward completion or for completion of

the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures, during the previous

diligence period: In 1964, CPW acquired the lands and water rights for the Basalt SWA, including the Christine Unit located in Eagle

County and the Christine Enlargement Conditional Water Right. The water rights on the Christine Unit have been managed as an




integrated and complete system since their acquisition. Other water rights which are part of this integrated water supply system include

the Kelly Springs Ditch, Jacob Ditch, Kelly Pond Ditch, Kelly Pond Reservoir and Frieler Ditch Pipeline and Diversion (previously

misnamed Luchsinger Spring Pipeline). CPW has been pursuing implementation of the Kelly Springs Pipeline Project at the Christine

Unit since funding was initially approved in 2000. The Christine Enlargement Conditional Water Right point of diversion is located

approximately 812 feet down-gradient from the Kelly Springs Pipeline Project point of diversion, but has been maintained and utilized

independently of the Kelly Springs Pipeline Project, which has yet to be completed. However, integrating water supplies and locating

the most efficient point of diversion for available water has been a priority for CPW property managers since the project was first

proposed, and the water made available by efficient conveyance through the pipeline will be used to irrigate lands decreed under the

Christine Enlargement Conditional Water Right. After funding was approved following entry of the decree in Case No. 13CW3001 on

March 9, 2014, CPW has performed the following activities and made the following expenditures in pursuit of full development of the

Christine Enlargement Conditional Water Right: From 2014 – 2017, CPW staff regularly maintained existing but degraded infrastructure

that improved delivery efficiency of water to the Christine Enlargement Conditional Water Right point of diversion, including use of

rubber hose clamps, welding services, and excavators to keep the existing infrastructure functional. Expenditures on welding services

were approximately $5000.00. From 2015-2017, CPW spent staff time on engineering design and preparation of bid package materials

to complete a 3-Phase pipeline project. In 2015, CPW personnel reset the culvert under the access road and reset the flume just below

the Christine Enlargement Conditional Water Right point of diversion to facilitate flow beneath the road and accurately measure

diversions. In 2016, CPW contracted for cultural resource inventories of the pipeline project alignment on State and Federal lands

crossed by the alignment. In 2017, based on delayed review of the cultural resource survey, lack of notice to proceed from the United

States Forest Service (“USFS”) related to the pipeline easement, and rising costs to contract for project implementation, CPW proceeded

to purchase pipe and install the pipeline project using CPW staff and equipment, and scheduled the construction for summer 2018. Total

costs including labor and equipment were estimated at approximately $167,000. In 2018, CPW spent $60,456.60 on pipe and accessory

materials and had these delivered to the Basalt SWA. On May 18, 2018, CPW received State Historic Preservation Office notification

that the project as proposed would have no effect on cultural resources protected under Section 106 of the Antiquities Act. At the end

of May 2018, the USFS authorized temporary construction along the pipeline right-of-way. In June 2018, CPW staff began construction

of the Kelly Springs Pipeline, including a turnout at the point of diversion for the Christine Enlargement Conditional Water Right to

allow water to enter the Frieler Ditch. By early July 2018, CPW had installed approximately 1200 feet of the Kelly Springs Pipeline

below grade within the existing access road. On July 3, 2018, the Lake Christine fire erupted on the Basalt SWA near Basalt. Over the

next few weeks, most of the Christine Unit of the Basalt SWA burned, as did approximately 6000 feet of the stockpiled pipe and

accessory materials. During this fire, CPW personnel were diverted toward fire relief efforts and mitigation of post-fire impacts, delaying

further work on the pipeline project. Photos supporting the claims made herein and depicting the post-fire damage are attached as Exhibit

B. In addition to the above diligence activities, CPW diverted up to 1.15 c.f.s. of the Christine Enlargement Conditional Water Right

during 2014-2016; this amount includes the 0.6 c.f.s previously confirmed absolute in Case No. C.A. 1266 and an additional amount of

0.55 c.f.s. of the Christine Enlargement Conditional Water Right CPW put to beneficial use in 2016 as described below. 6. Description

of claim to make 1.15 c.f.s absolute: A. Date water applied to beneficial use: April 14, 2016. B. Amount: 1.15 c.f.s. (of which 0.6 c.f.s.

was previously confirmed absolute in Case No. C.A. 1266). C. Use: Irrigation. D. Supporting evidence that applicant diverted water in-

priority and applied such water to the beneficial uses claimed in the amounts claimed: Diversion of water, recording of diversion rate

through the reset Parshall measuring flume, and application of water at the decreed place of use. Monthly and daily data supporting the

claimed diversions of water in-priority and application to claimed beneficial uses are attached as Exhibit C. E. Description of place of

use where water is applied to beneficial use: See ¶4.D above. 7. Names and addresses of owners or reputed owners of land upon which

any new or existing diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed

or upon which water is or will be stored, including any modification to the existing pool: CPW owns the land upon which the Christine

Enlargement Conditional Water Right point of diversion, structures and place of use are located. WHEREFORE, CPW respectfully

requests that this Court enter a decree: (1) finding and determining that a total of 1.15 c.f.s. of the Christine Enlargement Conditional

Water Right has been applied to beneficial use and made absolute for irrigation; (2) finding and determining that CPW has exercised

reasonable diligence in the development of the Christine Enlargement Conditional Water Right and continuing the remaining 2.85 c.f.s.

amount of the Christine Enlargement Conditional Water Right not made absolute in this proceeding in full force as decreed; and (3) for

such other and further relief as this Court deems just and proper. 5 pages.













18CW3226 PITKIN COUNTY – ROARING FORK RIVER, TRIBUTARY TO COLORADO RIVER. Lane’s End Holdings,

LLC c/o Scott C. Miller, Esq. and Danielle L. Van Arsdale, Esq., Patrick, Miller & Noto, P.C., 197 Prospector Drive, Ste. 2104A, Aspen,

CO 81611 (970) 920-1030. APPLICATION FOR SURFACE WATER RIGHT AND PLAN FOR AUGMENTATION INCLUDING

EXCHANGE. First Claim: Lane’s End Pump and Pipeline. Legal: The right bank of the Roaring Fork River in the SE 1/4 NW 1/4 of

Section 12, Township 10 S., Range 85 W. of the 6th P.M., at a point approximately 1,540 feet from the North section line and 140 feet

from the West section line. Source: Roaring Fork River, tributary to Colorado River. Appropriation date: March 30, 2018 by field

inspection, wetland delineation, survey, landscape design development, and formulation of intent to apply water to beneficial use.

Amount: 0.2 c.f.s. (90.0 g.p.m.) conditional. Use: Irrigation of 1.0 acres. Second Claim: Approval of Plan for Augmentation. Structure:

Lane’s End Pump and Pipeline. Water Rights Used: Basalt Water Conservancy District Contract. Source: Green Mountain Reservoir:

NE ¼ SE ¼ of Section 15, Township 2 S., Range 80 W. of the 6th P.M., at a point approximately 2312 feet from the South section line

and 992 feet from the East section line. Ruedi Reservoir: NW ¼ NW ¼ of Section 18, Township 8 S., Range 84 W., of the 6 th P.M., at

a point approximately 324 feet from the North section line and 984 feet from the West section line. Troy & Edith Ditch: NW ¼ NE ¼

of Section 4, Township 8 S., Range 84 W. of the 6th P.M., at a point approximately 285 feet from the South section line and 967 feet

from the East section line; and SW ¼ SW ¼ of Section 12, Township 8 S., Range 84 W. of the 6th P.M., at a point approximately 326

feet from the South section line and 981 feet from the West section line. Robinson Ditch: NW ¼ SE ¼ of Section 11, Township 8 S.,

Range 87 W. of the 6th P.M., at a point approximately 2307 feet from the South section line and 2309 feet from the East section line.

Summary: Applicant intends to utilize water diverted from Lane’s End Pump and Pipeline to sprinkler irrigate approximately 1 acre of

lawns and gardens. Details on irrigation depletions and calls are included in the Application. Third Claim: Lane’s End Exchange.

Upstream Terminus: Lane’s End Pump and Pipeline described in First Claim. Downstream Termini: For the exchange of Ruedi

Reservoir and/or Troy and Edith Ditch water: The confluence of the Roaring Fork and Frying Pan Rivers located in the SW ¼ SE ¼ of

Section 7, Township 8 S., Range 86 W. of the 6th P.M., at a point 730 feet from the South section line and 1,500 feet from the East

section line. For the exchange of Green Mountain Reservoir water: The confluence of the Roaring Fork and Colorado Rivers, located in

the SE ¼ NW ¼ of Section 9, Township 6 S., Range 89 W. of the 6th P.M., at a point approximately 2,200 feet from the North section

line and 2,350 feet from the West section line. For the exchange of Robinson Ditch water: The point of diversion for the Robinson Ditch

described in Second Claim. Source: BWCD’s water rights described in Second Claim. Date of appropriation: March 30, 2018 by field

inspection, wetland delineation, survey, landscape design development, and formulation of intent to apply water to beneficial use. Rate:

0.2 c.f.s. conditional. Volume: 1.5 acre-feet. Applicant also requests that the Lane’s End Exchange is a component part of an integrated

water supply plan for Applicant’s property. Applicant requests that the above water rights be decreed as component parts of an integrated

water supply plan on Applicant’s property. Applicant owns the land where water is or will be put to use. Map of water rights and

irrigation area is on file with the court as Figure 1. Map of Exchange Reach is on file with the court as Figure 2. A map of property is

on file with the court as Exhibit A Consumptive use calculations, demands, depletions, and augmentation requirements are on file with

the court as Tables 1 and 2.











18CW3227 (01CW40, 06CW32, 11CW85) GRAND COUNTY, SHEEP CREEK, A TRIBUTARY OF THE COLORADO

RIVER. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE CONDITIONAL WATER RIGHTS

ABSOLUTE IN PART 1. Name, mailing address, email address, and home telephone number of applicant(s): Grand River Ranch

Owners Association, Inc., for itself and as agent for all co-applicants, c/o Carol Culbreath, Manager, Grand River Ranch, P.O. Box

1568, Kremmling, CO 80459, [email protected], 970-724-8912; John and Anna Sie, c/o AJS Ventures, LLC, 3239 E. 2nd Avenue,

Denver, CO, 80206, [email protected], 303-468-6661; Knot Interested, LLC, c/o Warren Heilbronner, Sullivan &

Worcester, LLP, One Post Office Square, Boston, MA 02109, [email protected], 617-338-2946; Sunset Cliff, LLC, c/o Glen

Lange, One Best Drive, P.O. Box 158, Ferdinand, IN 47532, [email protected], 812-367-0166; Patricia L. McDonnell Revocable

Trust, c/o Jack and Pat McDonnell, 6876 Vista Loop, Castle Pine, CO 80108, [email protected], [email protected],

[email protected], 303-526-9083; Rocky Mountain Legacy, LLC, 15748 N. 1000 E., Santa Clause, IN 47579,

[email protected], 812-453-9711, c/o Karl D. Ohlsen, Katrina B. Fiscella, Carlson, Hammond & Paddock, LLC, 1900 Grant



Street, Suite 1200, Denver, CO 80203. 2. Name of structures: Beavers Pond, Collett Pond, Low Aspen Pond and feeder ditch, P.J.

Martin Ponds, Middle Fork Ponds, North Fork Pump Station, Lodge Well No. 1, and appropriative rights of substitution involving: 6.0

c.f.s. of the West End Ditch No. 1 decreed to an alternate point of diversion at the Jones Diversion Ditch, the Kremmling North Feeder

Ditch, and the Kremmling Sheep Creek Ditch. 3. Describe conditional water rights including the following information from the

Referee’s Ruling and Judgment and Decree: A. Beavers Pond. i. Date of Original Decree: May 9, 2005, Case No. 01CW40, District

Court, Water Division No. 5. ii. Legal description of Beavers Pond: as decreed in Case No. 01CW40 – An off-stream pond located in

the NW¼ NE¼ of Section 9, T1N, R81W of the 6th P.M. in Grand County, Colorado, at a point 2,274 feet from the East section line

and 313 feet from the North section line. State Plane Coordinates: NAD83 N-Zone: N 1,270,564; E 2,727,392. This is an off-stream

pond whose point of diversion is on the South bank of the Middle Fork of Sheep Creek, at a point whence the SW corner of Section 4,

T1N, R81W, 6th P.M. bears North 81º40'59" West a distance of 3,021 feet. The rate of diversion is 0.5 c.f.s. iii. Source of water: Middle

Fork of Sheep Creek. iv. Appropriation Date: September 7, 2000. v. Amount: 63.7 acre-feet conditional with the right to continuously

fill and refill in priority, and to maintain a freshening flow through the pond. By this Application, Applicants seek a finding of reasonable

diligence regarding this conditional water right. vi. Use: Stock water, piscatorial, wildlife, recreation, and fire fighting. B. Collett Pond.

i. Date of Original Decree: May 9, 2005, Case No. 01CW40, District Court, Water Division No. 5, changed by the decree entered on

March 18, 2009, in Case No. 06CW32, District Court, Water Division No. 5. ii. Legal description of Collett Pond: as decreed in Case

No. 06CW32 – in the Building Area on Grand River Ranch, Parcel 98 (f.k.a. Parcel 14), located in parts of the S½ of the SE¼ of Section

32, T2N, R81W, parts of Section 32, T1½N, R81W, and parts of the N½ of the N½ of Section 5, T1N, R81W, within the drainage of

the No. 2 Branch of the North Fork of Sheep Creek, in Grand County, Colorado. The Collett Pond is a succession of small, connected

ponds, with a total storage capacity not to exceed 14.6 acre-feet and a total water surface area not to exceed 1.9 acres. The approximate

centroid of the proposed ponds is located in the SE¼ of the SE¼ of Section 32, T2N, R81W of the 6th P.M. at a point 60 feet from the

South Line and 1,080 feet from the East Line of Section 32. (UTM NAD27 Zone 13 Coordinate N4,438,673: E373,258 Meters). iii.

Source of water: The DeBerard Spring No. 5, and the Middle Fork and North Fork of Sheep Creek delivered through the P.J. Martin

Ditch No. 2. iv. Points of Diversion: (1) DeBerard Spring No. 5, located at a point whence the NE corner of Section 32, T1½N, R81W

of the 6th P.M. bears South 86o35' East a distance of 1,415 feet. (2) P.J. Martin Ditch No. 2 Middle Fork Headgate, located on the

Middle Fork of Sheep Creek in the SW¼ NE¼ of Section 5, T1N, R81W of the 6th P.M. at a point 2,524 feet from the North section

line and 2,532 feet from the East section line. State Plane Coordinates: NAD83 N-Zone N 1,273,796; E 2,271,486. (3) The P.J. Martin

Ditch No. 2 from Headgate No. 1 at a point on the North bank of No. 1 Branch of Sheep Creek whence the SW corner of Section 33,

T2N, R81W of the 6th P.M. bears North 41o45' East a distance of 2,850 feet. (4) The P.J. Martin Ditch No. 2 from Headgate No. 2 at a

point on the North bank of No. 2 Branch of Sheep Creek whence the SW corner of Section 33, T2N, R81W of the 6th P.M. bears North

83o East a distance of 1,220 feet. v. Rate of Diversion: 20 g.p.m. from DeBerard Spring No. 5 and 1.0 c.f.s. from P.J. Martin Ditch No.

2. vi. Appropriation Date: January 23, 2001, as to the first 0.5 c.f.s. of inflow from the P.J. Martin Ditch No. 2, and March 23, 2006 as

to the second 0.5 c.f.s. of inflow from the P.J. Martin Ditch No. 2. vii. Amount: 14.6 acre-feet with the right to continuously fill and

refill in priority, and to maintain a freshening flow through the pond. Based on a maximum rate of diversion through the P.J. Martin

Ditch No. 2 of 0.35 c.f.s., 2.94 acre-feet of the water right was decreed absolute in Case No. 11CW85 for all decreed beneficial uses

except piscatorial, and 11.66 acre-feet remain a conditional water right. By this Application Applicant seeks to make the same 2.94 acre-

feet of storage absolute for piscatorial purposes under C.R.S. § 37-92-301(4)(e), and a finding of reasonable diligence for the remaining

conditional water rights. viii. Use: Stock water, piscatorial, wildlife, recreation, and fire fighting. C. Low Aspen Pond. i. Date of Original

Decree: May 9, 2005, Case No. 01CW40, District Court, Water Division No. 5. ii. Legal description of the Low Aspen Pond: Located

on an intermittent tributary of the South Fork of Sheep Creek in the SE¼ NW¼ of Section 10, T1N, R81W of the 6th P.M. at a point

1,619 feet from the West section line and 2,283 feet from the North section line of Section 10, Grand County, Colorado. State Plane

Coordinates: NAD83 N-Zone: N 1,268,717; E 2,731,303. iii. Source of Water: Unnamed tributary to the South Fork of Sheep Creek,

and 2.0 c.f.s. from the South Fork of Sheep Creek through the proposed Low Aspen Feeder Ditch, from a headgate to be located at a

point whence the SW corner of Section 4, T1N, R81W of the 6th P.M. bears North 69°34'39" West a distance of 5,737.5 feet. iv.

Appropriation Date: January 23, 2001. v. Amount: 50.8 acre-feet conditional with the right to continuously fill and refill in priority, and

to maintain a freshening flow through the pond. Applicants seek to make 32 acre-feet absolute for all decreed beneficial uses, based on

initiation of construction in 2015 and initial fill of Low Aspen Pond in June 2016, and a finding of reasonable diligence for the remaining

conditional water right. vi. Use: Stock water, piscatorial, wildlife, recreation, and fire fighting. D. P. J. Martin Ponds. i. Date of Original

Decree: May 9, 2005, Case No. 01CW40, District Court, Water Division No. 5. ii. Legal description of the P. J. Martin Ponds: Two

adjacent ponds located in the SE¼ NE¼ of Section 5, T1N, R81W of the 6th P.M., in Grand County, Colorado. The North Pond is

located 1,744 feet from the North section line, and 679 feet from the East section line of said Section 5. The South Pond is located 1,907

feet from the North section line, and 789 feet from the East section line in said Section 5. State Plane Coordinates: North Pond: NAD83

N-Zone: N 1,274,537; E 2,723,724; South Pond: NAD83 N-Zone: N 1,274,374; E 2,723,614. iii. Source of Water: Middle Fork Sheep

Creek through the P.J. Martin Ditch No. 2. iv. Appropriation Date: September 9, 2000. v. Amount: 3.4 acre-feet with the right to

continuously fill and refill in priority, and to maintain a freshening flow through the pond. The conditional water right was decreed

absolute in the amount of 2.1 acre-feet in Case No. 11CW85 for the decreed beneficial uses of stock watering, wildlife and fire fighting,

and remains conditional for recreation and piscatorial uses, and 1.3 acre-feet remain conditional for all decreed beneficial uses. By this



Application, Applicants seek to make the same 2.1 acre-feet absolute for all decreed beneficial uses pursuant to C.R.S. § 37-92-301(4)(e),

and a finding of reasonable diligence for the remaining conditional water rights. vi. Use: Stock water, piscatorial, wildlife, recreation,

and fire fighting. E. Middle Fork Ponds. i. Date of Original Decree: May 9, 2005, Case No. 01CW40, District Court, Water Division

No. 5. ii. Legal description of the Middle Fork Ponds: Three adjacent ponds located in the SW¼ NW¼ of Section 5, T1N, R81W of the

6th P.M., in Grand County, Colorado. The Upper Pond is located at a point from whence the SE corner of said Section 5 bears South

56°07'13" East a distance of 5,473.2 feet. State Plane Coordinates: NAD83 N-Zone: N 1,274,052, E 2,719,859; The Middle Pond is

located at a point from whence the SE corner of said Section 5 bears South 54°44'44" East a distance of 5,321.3 feet. State Plane

Coordinates: NAD83 N-Zone: N 1,274,072; E 2,720,058; The Lower Pond is located at a point from whence the SE corner of said

Section 5 bears South 52°47'44" East a distance of 5,083.3 feet. State Plane Coordinates: NAD83 N-Zone: N 1,274,074; E 2,720,354.

The following additional legal description is an approximation and is not intended to supersede the decreed legal description: Grand

County, SW¼ of the NW¼, Section 5, Township 1 North, Range 81 West, 6th P.M. Distance from section lines: Upper Pond - 685 feet

from the West section line and 2,285 feet from the North section line; Middle Pond - 885 feet from the West section line and 2,264 feet

from the North section line; Lower Pond - 1,180 feet from the West section line and 2,262 feet from the North section line. iii. Source

of Water: Middle Fork of Sheep Creek. iv. Appropriation Date: September 7, 2000. v. Amount: 2.9 acre-feet total conditional for all

three ponds, with the right to continuously fill and refill in priority, and to maintain a freshening flow through the ponds; Upper Pond:

0.4 acre-feet; Middle Pond: 0.9 acre-feet; and Lower Pond: 1.6 acre-feet. By this Application, Applicant seeks a finding of reasonable

diligence regarding this conditional water right. vi. Use: Stock water, piscatorial, wildlife, recreation, and fire fighting. F. North Fork

Pump Station. i. Date of Original Decree: May 9, 2005, Case No. 01CW40, District Court, Water Division No. 5. ii. Legal description

of the North Fork Pump Station: A pumped diversion from North Fork of Sheep Creek, located in the SE¼ NW¼ of Section 4, T1N,

R81W of the 6th P.M. at a point whence the SE¼ of Section 32, T2N, R81W bears North 26°26′59″ West a distance of 2,921.02 feet,

in Grand County, Colorado. State Plane Coordinates: NAD83 N-Zone: N 1,274,748; E 2,726,198. The following additional legal

description is an approximation and is not intended to supersede the decreed legal description: Grand County, SE¼ of the NW¼, Section

4, Township 1 North, Range 81 West, 6th P.M. Distance from section lines: 1,813 feet from the West section line and 1,546 feet from

the North section line. iii. Source of Water: Groundwater tributary to the North Fork of Sheep Creek. iv. Appropriation Date: April 23,

2001. v. Amount: 50 g.p.m. conditional. By this Application, Applicants seek a finding of reasonable diligence for this water right. vi.

Use: Stock water, fire protection, and irrigation of two acres in the NW¼ of Section 4, T1N, R81W. G. Lodge Well No. 1. i. Date of

Original Decree: May 9, 2005, Case No. 01CW40, District Court, Water Division No. 5. ii. Legal description of the Lodge Well: Located

in the SW¼ NW¼ of Section 4, T1N, R81W of the 6th P.M. at a point 912 feet from the West section line and 1,480 feet from the North

section line. State Plane Coordinates: NAD83 N-Zone: N 1,274,825; E 2,725,294. iii. Source of Water: Groundwater tributary to the

North Fork of Sheep Creek, Well Permit No. 234735. iv. Appropriation Date: February 26, 2001. v. Amount: 30 g.p.m. conditional, 10

acre-feet average annual appropriation. This water right was made absolute in the amount of 8 g.p.m. and 0.5 acre-feet in Case No.

11CW85 for domestic irrigation of 0.19 acres and fire protection, while the beneficial use of stock watering for that 8 g.p.m. remains

conditional, and 22 g.p.m. and 9.5 acre-feet remains conditional for all decreed beneficial uses. By this Application, Applicants seek a

finding of reasonable diligence for the remaining conditional water right. vi. Use: Domestic, stock watering, irrigation of two acres and

fire protection. H. Appropriative Rights of Substitution. i. Date of Original Decree: May 9, 2005, Case No. 01CW40, District Court,

Water Division No. 5. ii. Description of Appropriate Rights of Substitution. The structure used in the substitution is the Jones Diversion

Ditch, located on South Sheep Creek at a point on the North bank thereof whence the NE corner of Section15, T1N, R81W of the 6th

P.M. bears South 65°25' East a distance of 6,608 feet. (1) Water Right Used in Substitution: 6.0 c.f.s. in the West End Ditch No. 1

changed to the Jones Diversion Ditch in Case No. W-273, by decree entered on October 6, 1971, by the District Court, Water Division

No. 5. (2) Description of Substitution: Subject to the Agreement dated April 14, 1981, between the Grand River Ranch Corporation and

the Town of Kremmling, the Applicants will forego diversion of up to 6 c.f.s. of the water lawfully and physically available in priority

to the West End Ditch No. 1 at the Jones Diversion Ditch on the South Fork of Sheep Creek, thus making additional water available for

use by the Town from the South Fork of Sheep Creek. The amount of substitute water not diverted by Applicants and thus made available

to the Town will be equal to the quantity of water that otherwise would have been physically available in priority to the Town of

Kremmling’s water right in the Kremmling North Feeder Ditch and the Kremmling Sheep Creek Ditch, less transit losses to the South

Fork of Sheep Creek. (3) Substitution Reaches: The reaches of the streams in the Sheep Creek Basin that are subject to the appropriative

right of substitution are (1) on the South Fork of Sheep Creek from the point of diversion for the Jones Diversion Ditch to the point of

diversion for the Jones Feeder Ditch and the Jones Reservoir No. 2; and (2) on the Middle Fork and North Fork of Sheep Creek from

the points of diversion for the Kremmling North Feeder Ditch and the Kremmling Sheep Creek Ditch. (4) Rate of Substitution. The

maximum rate of flow is 6.0 c.f.s. This appropriative right of substitution was made absolute in the amount of 2.0 c.f.s. in Case No.

11CW85, and 4.0 c.f.s. remain a conditional water right. By this Application, Applicants seek a finding of reasonable diligence for the

remaining conditional water right. iii. Source of Water: Sheep Creek Basin. iv. Appropriation Date: December 12, 2000. v. Use: The

decreed uses for the West End Ditch No. 1, the Kremmling North Feeder Ditch, and the Kremmling Sheep Creek Ditch. 4. Diligence

Activities. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application

of water to a beneficial use as conditionally decreed, including expenditures. The decrees in Case No. 01CW40 and 11CW85 determined

that the conditional water rights that are the subject of this application are part of the integrated water supply project and system that



serves development on the Grand River Ranch, and that work conducted on one feature of the project or system shall be considered in

finding that reasonable diligence has been shown in the development of water rights for all features of the entire project and system. The

decree in Case No. 11CW85 was entered without prejudice to the Applicants right in the future to make water rights absolute based

upon actions completed subsequent to the Application but prior to the date of entry of the decree in that case. During the diligence period

and since the Application was filed in Case No. 11CW85, Applicants have done the following toward completion of the decreed

conditional water rights and the integrated water supply project and system: A. The Owners Association continued to exercise the

appropriative rights of substitution described in paragraph 3.H., above, and to work with the Town of Kremmling to determine when

and if appropriate to operate such appropriative rights of substitution and exchange to maximize the utility of available water supplies.

In 2018, Applicant Owners Association and the Town of Kremmling participated in discussions regarding use of the appropriative rights

of substitution and exchange during the then-pending shortage. In addition, Applicant Owners Association operated the plan for

augmentation decreed in Case No. 01CW41, as amended by Cases No. 06CW32 and 14CW3099, in order to allow the maximum

utilization of the integrated water supply project and system and infrastructure described and decreed in Cases No. 01CW40, 01CW41,

06CW32, 14CW3019, 14CW3099, and related cases. In support of the integrated water project and system, and in addition to

administration of the augmentation plan decreed in Case No. 01CW41, general water administration and accounting on behalf of its

members/ owners, and ordinary maintenance and repair of diversion and conveyance infrastructure, during the diligence period

Applicant Owners Association, together with various of its members/owners, completed the following: i. On June 28, 2011, Applicants

filed an application in Case No. 11CW98 in Water Division No. 5 seeking a finding of reasonable diligence and to make conditional

rights absolute in part, relating to appropriative rights of substitution and exchange from Red Dirt Creek to an unnamed tributary of

Muddy Creek, from Red Dirt Creek to Sheep Creek, and from points within the Sheep Creek basin, all utilizing structures and sources

that are the subject of the current Application. Although Applicants withdrew the claims to make portions of the exchanges in Case No.

11CW98 absolute, they successfully prosecuted the application for a finding of reasonable diligence, and a decree was entered on August

25, 2013. ii. On February 13, 2014, Applicant filed an application in Case No. 14CW3019 with the Water Court for Water Division No.

5, with an amended application filed on October 13, 2014, seeking to change the location for the Muddy Creek Pump Station decreed

in Case No. 01CW41 as an alternate point of diversion for the Red Dirt Valley Ditch. Both the Muddy Creek Pump Station and the Red

Dirt Valley Ditch and the respective water rights associated therewith are part of the integrated water supply project and system of the

Applicants in the current Application. The Applicant successfully prosecuted the application and a decree was entered March 22, 2015.

iii. On September 15, 2014, Applicant Owners Association filed an application in Case No. 14CW3099 with the water court in Water

Division No. 5, with an amended application on November 25, 2015, seeking a new conditional water right for the Martin Dairy Well

enlargement and an amendment to the plan for augmentation decreed in Case No. 01CW41 (as amended in Case No. 06CW32), all of

which are a part of the integrated water supply project and system for the Applicants in the current Application. Applicant successfully

prosecuted the application and a decree was entered on September 25, 2016. iv. On February 28, 2017, Applicant Owners Association

filed an application in Case No. 17CW3044 with the water court in Water Division No. 5 seeking a finding of reasonable diligence in

the development of the remaining portion of conditional water rights in Jones Reservoir No. 1 (second filling) and Jones Reservoir No.

2 (second filling). These water rights are part of the integrated water supply project and system for the Applicants in this Application.

Applicant successfully prosecuted the application and a decree was entered on September 17, 2017. v. Applicant Owners Association

has continued to engage ranch managers for the members/owners, contractors and Owners Association employees to monitor flows and

all flumes, gages and streams to ensure the continuous and accurate operation of the augmentation plan decreed in Case No. 01CW41

that benefit all the water rights and infrastructure that makes up the integrated water supply project and system for the Applicants in this

matter. Included in this work is the accurate measurement and recording of water available at flumes and measuring devices, including,

but not limited to, those in Lower Sheep Creek, the Cipoletti Weir-Shale Ditch, Sheep Creek Ditch, Middle Fork Sheep Creek, the Jones

Reservoir No. 2 Inlet Flume, the Jones Reservoir No. 1 Feeder Ditch, the Kremmling South Feeder Ditch, the Jones Reservoir No. 2

Outlet, the Jones Reservoir No. 2 level gage, the Jones Reservoir No. 1 level gage, the Jones Reservoir No. 1 outlet flume, the Siphon

Ditch flume, the Middle Fork above the P.J. Martin diversion flume, and the Middle Fork below the P.J. Martin diversion flume, the

P.J. Martin diversion above the Island Pond flume, the Strawberry Ditch diversion flume, the Jones diversion ditch to the North Fork

flume, the DeBerard overflow, the Muddy Creek Pump Station meter, the Town Pumping Plant exchange, Wolford Reservoir releases

for the benefit of the integrated water supply project and system, the Low Aspen Pond flow and gages, the Martin Dairy Well meter for

deliveries to the Tailwater Cabins, the Jones domestic water meter, the Jones irrigation water meter, and the Lodge domestic and

irrigation water meter for Lodge Well No. 1. These measurements are made and reported on a daily and monthly basis when water is

available. Member/Owner Applicants pay annual association fees to the Owners Association to ensure continued compliance with the

requirements of the augmentation plan and related water rights decrees. vi. The Owners Association has also entered grazing leases for

property adjacent to and surrounding the structures that are the subject of this Application. The three-year grazing leases were effective

from 2011 and extend through 2020 and allow use of some features of the integrated water supply project and system for stock watering.

vii. During the diligence period the Owners Association spent in excess of $32,500 on legal services related to the Grand River Ranch’s

integrated water supply project and system described above. These entities also spent not less than $33,652 on engineering and

administrative services in connection with the activities described above and other activities in furtherance of the development of the

integrated water supply project and system. viii. Water from the Gore Pond was used to fight the Gorewood fire in 2016. ix. Applicant



continued to operate pursuant to a Water Supply Contract with the Colorado River Water Conservation District for deliveries of water

from Wolford Mountain Reservoir. Pursuant to that contract, Applicant GRROA is entitled to 100 acre-feet of water annually for 40

years and contracted to annually pay a share of project operations and maintenance. The total amount of operation and maintenance fees

paid for the period 2012-2018 is approximately $16,305. B. The Patricia L. McDonnell Revocable Trust conveyed the Middle Fork

Ponds, consisting of the Upper Pond, the Middle Pond, and the Lower Pond, to Rocky Mountain Legacy, LLC, and Rocky Mountain

Legacy, LLC entered its appearance on May 8, 2017. Rocky Mountain Legacy, LLC, has continued to diligently pursue the water rights

of the Middle Fork Ponds. Applicants have continued to monitor flows in the Middle Fork of Sheep Creek to determine the quantity and

timing of flows when water rights are in priority or subject to the plan for augmentation decreed in Case No. 01CW41. Applicants have

made the water in the Middle Fork of Sheep Creek available for stock and wildlife, continue to maintain and keep roads accessible for

firefighting purposes and for the use of water available in the location of the Middle Fork Ponds for such purposes, and continue to

maintain and repair culvert pipes through which Sheep Creek flows in order to make water available for anticipated diversions into the

Middle Fork Ponds. C. James G. Postle conveyed his interest, subject to a life estate, in the Low Aspen Pond to Brian A. Postle, Tracy

A. Postle, and Jamie C. Feran, and provided notice to the court of the transfer on March 19, 2013. Brian A. Postle, Tracy A. Postle, and

Jamie C. Feran continued to actively pursue construction and use of the Low Aspen Pond. In June 2015, they conveyed their entire

interest to Sunset Cliff, LLC. Sunset Cliff, LLC, has continued to develop the conditional water right for the Low Aspen Pond, including

the following activity: plans for initial construction of the Low Aspen Pond were prepared in mid-2015; preliminary construction of the

Low Aspen Pond was commenced in the fall of 2015; the pond was constructed and initial fill commenced during the summer of 2016,

with diversions starting at a maximum rate of 2.0 c.f.s. on May 25, 2016 and continuing through July 11, 2016, with additional diversions

when in priority. Since construction, the pond has been stocked with fish, the perimeter reseeded with a native Colorado Brohm grass,

and a fishing pier built. The Low Aspen Pond as constructed includes a non-jurisdictional dam with a surface acreage of approximately

2.94 acres. It has an average depth of 10 feet and holds 32 acre-feet of water when full. The pond is fed by a single 12-inch pipe from

its source on the south fork of Sheep Creek. A single 15-inch steel culvert with a standard type screw headgate was set into the creek at

a 1° slope at the decreed diversion location, and outlet works consisting of 980 feet of 12-inch pipe attached to the Agri-Drain outlet

structure and running on a steep grade back to Sheep Creek was installed. In addition, the principals for the owner of the Low Aspen

Pond, who are the principals for the owner of the Kid’s Pond located in Grand River Ranch Parcel 5 (Aspen Hills Ranch, LLC), has

stocked fish annually, instituted a weed control program for both ponds and the surrounding area, and installed a wind powered aerator.

By this Application, Applicants seek to make 32 acre-feet of storage in the Low Aspen Pond absolute for all decreed purposes. D.

Applicants have performed the following diligence activities for the Lodge Well No. 1: repaired the well pump and the cistern; replaced

the well pump contactor coil; inspected the booster pump; performed water tests for the well and the cistern; emptied, bleached and

sanitized the lodge cistern; annually inspected the pumps; replaced the lodge pump pit filters in 2015. In 2017 Applicants replaced the

Lodge Well No. 1 pump pit light and replaced parts within the Lodge Well pump. In 2018 Applicants continued to replace parts within

the Lodge Well pump and to perform ordinary maintenance and repair. Applicant has stocked a reserve pump for emergency operations,

if necessary. In 2018, the Lodge Well No. 1 operated from April 10 through October 6, pumping 3.86 acre-feet. Throughout the diligence

period Applicants continued to perform ordinary maintenance and repair of the Lodge Well No. 1 to fully utilize its decreed

appropriation. This ordinary operation and maintenance included yearly weed control and thistle removal from the site. E. Applicants

have maintained the P.J. Martin Ponds to their full capacity and continue their intent to enlarge the capacity to store the additional 1.3

acre-feet in the future. Applicants now have used the 2.1 acre-feet previously decreed absolute for recreation and piscatorial uses through

boating and fish stocking and seek to make these uses absolute pursuant to C.R.S. § 37-92-301(4)(e). Applicants hired a contractor in

2018 to do additional maintenance work on the connection between the two ponds at a cost of approximately $300. Applicants also

obtained a finding of diligence on the Aspen Meadow Spring Nos. 1 and 2 in 2018 in Case No. 18CW3007. The springs are an additional

source of supply for the P.J. Martin Ponds and are decreed components of the integrated water supply project and system with the P.J.

Martin Ponds. Applicants spent approximately $830 on engineering services in relation to this finding of diligence. F. After obtaining a

decree finding that the Island Pond had been made absolute as part of Case No. 11CW85, Applicants made additional improvements to

the Island Pond and its appurtenances, which are part of the integrated water supply project and system. These improvements included

digging out and leveling and resetting the Parshall flume on the inlet for the Island Pond, inspecting the vault and cleaning the collection

system for spring and tributary water, tree clean-up and improved access to the upper section of the P.J. Martin No. 2 Ditch, manually

removing filamentous algae and weeds from the Island Pond by dragging and raking it, together with some chemical treatment where

required, making improvements to the collection system to promote water delivery efficiency, adding stock tanks to the Curry Springs

within the integrated water supply project and system, repairing fencing around the Curry Spring No. 4 to protect from damage from

cattle and wildlife, cleaning ditches and culverts to improve flood irrigation and to assist with delivery of water to meadow irrigation,

cleaning vaults and making minor repairs to pipelines on P.J. Martin No. 2 Ditch, enhancing the ditch to allow for additional collection

of spring and tributary water, placing riprap on the Island Pond and the highly used Stock Pond in the high erosion and pot hole areas,

improving access to the P.J. Martin No. 2 Ditch diversion vault, engaging a licensed commercial herbicide applicator to clean ditches,

repairing and stabilizing the ditch in response to prior years’ overflows, hiring an aquatic biologist for consultation and study to improve

overall health, beauty and function of Island Pond to ensure sustainability for livestock, fish and wildlife, and, in 2018, stocking 300

pounds of trout in the Island Pond. In addition, the Applicants continued ordinary maintenance and repair of the structures as part of the



integrated water supply project and system for the Applicants in this matter. G. Applicants have continued to maintain fresh flows to

the Gould Ponds through the Strawberry Ditch, continue to check flows at the Strawberry Ditch flume, monitor creek flows that would

supply the planned Beaver Ponds, engaged a ranch manager to record diversions into the Strawberry Ditch, continued to maintain

appropriate water levels in the ponds throughout the year, cleaned ditches in the Gould Meadow for continued irrigation, used water

from the Gould Ponds to irrigate, maintained and repaired overflow pipes on the Gould Ponds, periodically maintained algae and aquatic

weeds in the ponds, allowed access to the ponds for stock and wildlife, continued to keep roads accessible for fire fighting purposes as

needed, stocked the constructed ponds with fish periodically, and placed a canoe on ponds for owner use for fishing and recreational

purposes. H. The existing Collett pond system as constructed in 2009 is designed to divert water from the PJ Martin ditch into the ponds

and then return water to the PJ Martin ditch. The pond system is turned on every year in March or April, depending upon spring weather

conditions. The pond system is turned off every year in October or November, depending upon weather conditions. Maintenance of the

existing pond systems from January 1, 2013 to December 31, 2018 has averaged less than a $1,000.00 per year and the cost is primarily

for the purchase of algaecide to manage algae in the ponds. The ponds have been used for recreational purposes during the diligence

period, in which a shallow area with a sand bed was created for children to play and a small boat dock was built to accommodate a four-

person paddle boat. The ponds are available for firefighting, if the occasion arises. The ponds are frequented by deer and elk on an

ongoing basis, as well as other species such as bears, coyotes, fox and pine marten and a wide variety of birds. Attached to this application

as Exhibit A is a map showing the location of the conditional water rights and the lands that have been or in the future may be irrigated

by the conditional water rights. The Applicants request a finding that the conditional water rights have been made absolute, in part, and

that they have exercised reasonable diligence in the development of each of the conditional water rights listed above, and that these

water rights remain a part of the Grand River Ranch integrated water supply system for purposes of finding of reasonable diligence. The

Applicants further seek a decree continuing the remaining conditional water rights for an additional six years from the date of any decree

herein, to the extent not made absolute water rights. The Applicants request that any diligence activities undertaken after the date of

filing of this application and prior to entry of a decree herein be considered as diligence in the development of the conditional water

rights for purposes of the next diligence period, and that any decree entered herein not preclude the Applicants from relying upon such

activities to assist in demonstration of reasonable diligence in the next diligence period. 5. Application to Make Absolute, in Part. The

Applicants seek to make the following conditional water rights absolute to the extent stated here: A. Collett Pond: 2.94 acre-feet absolute

for all decreed beneficial uses pursuant to C.R.S. §37-92-301(4)(e), with 11.66 acre-feet remaining a conditional water right. B. P.J.

Martin Ponds: 2.1 acre-feet absolute for all decreed beneficial uses based on boating and fish stocking activity and pursuant to C.R.S.

§37-92-301(4)(e), with 1.3 acre-feet remaining a conditional water right. C. Low Aspen Pond: 32 acre-feet absolute for all decreed

beneficial uses based on construction and fill and pursuant to C.R.S. §37-92-301(4)(e), with 18.8 acre-feet remaining a conditional water

right. The Applicants also request that to the extent the conditional water rights that are the subject of this application are made absolute

water rights, in whole or in part, by the diversion of water and its application to beneficial use prior to entry of a decree herein, that the

court award the Applicants an absolute water right in the amounts demonstrated by the Applicants. 6. Names(s) and address(es) of

owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or

storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage

pool. Grand River Ranch Owners Association, address stated above, as to North Fork Pump Station and Lodge Well Pond No. 1. John

and Anna Sie, address stated above, as to Collett Pond. Knot Interested LLC, address stated above, as to P.J. Martin Ponds. Sunset Cliff,

LLC, address stated above, as to Low Aspen Pond. Patricia L. McDonnell Revocable Trust, address stated above, as to Beavers Pond.

Rocky Mountain Legacy, LLC, address stated above, as to Middle Fork Ponds. 7. Remarks or any other pertinent information: Since

the Applicants are the owners of the land on which the structures and storage pools are located, no notice is required to be served on

others by section 37-92-302(2) (b) (II), C.R.S. (2010).











18CW3228 (99CW316, 11CW110) GRAND COUNTY, SHEEP CREEK, A TRIBUTARY OF THE COLORADO RIVER.

APPLICATION FOR FINDING OF REASONABLE DILIGENCE OF THE GRAND RIVER RANCH OWNERS ASSOCIATION,

INC., THE PATRICIA L. MCDONNELL REVOCABLE TRUST, AND ASPEN HILLS RANCH, LLC, c/o Karl D. Ohlsen, Katrina

B. Fiscella, Carlson, Hammond & Paddock, LLC, 1900 Grant Street, Suite 1200, Denver, CO 80203. 1. Name, mailing address, email

address, and home telephone number of applicant(s): Grand River Ranch Owners Association, Inc., for itself and as agent for all co-



applicants, c/o Carol Culbreath, Manager, Grand River Ranch, P.O. Box 1568, Kremmling, CO 80459, [email protected], (970)

724-8912; Patricia L. McDonnell Revocable Trust, c/o Jack and Pat McDonnell, 6876 Vista Loop, Castle Pine, CO 80108

[email protected], [email protected], [email protected], (303) 526-9083; Aspen Hills Ranch, LLC, c/o Glen

Lange, One Best Drive, P.O. Box 158, Ferdinand, IN 47532, [email protected], (812) 367-0166. 2. Name of structures: Gould Pond

No. 1, Gould Pond No. 2, and Kid’s Pond. 3. Description of conditional water rights: A. Gould Pond No. 1: (1) Location: The SE¼

SE¼ of Section 5, Township 1 North, Range 81 West of the 6th P.M.; and geographically at Colorado State Plane North Zone NAD 83

Coordinate 1,271,885 N; 2,723,800 E. The following additional legal description is approximate and is not intended to supersede the

decreed legal description: Grand County, SE¼ of the SE¼, Section 5, Township 1 North, Range 81 West, 6th P.M. Distance from section

lines: 603 feet from the East section line and 884 feet from the South section line. (2) Source: The Middle Fork of Sheep Creek delivered

through the Strawberry Ditch. (3) Appropriation Date: December 28, 1999. (4) Amount: 53 acre-feet conditional with the right to

continually fill and refill in priority, and to maintain a freshening flow through the pond. In Case No. 11CW110, Gould Pond No. 1 was

made absolute for all decreed beneficial uses in the amount of 10.6 acre-feet, at a fill rate of 0.5 c.f.s., with 42.4 acre-feet remaining

conditional. (5) Point of Diversion: Headgate of Strawberry Ditch, which is located on the South bank of the Middle Fork of Sheep

Creek, at a point whence the SE corner of Section 5, Township 1 North, Range 81 West of the 6th P.M. bears South 30º35' East a

distance of 2,490 feet; and geographically at Colorado State Plane North Zone NAD83 Coordinate 1,273,196 N; 2,723,108 E. (6) Rate

of Diversion through Strawberry Ditch: 7.5 c.f.s. (7) Use: Stock water, piscatorial, wildlife, recreation, and fire fighting. (8) Total

Capacity of the Pond: 53 acre-feet; 0 acre-feet active capacity; 53 acre-feet dead storage. B. Gould Pond No. 2: (1) Location: The SW¼

SW¼ of Section 4, Township 1 North, Range 81 West of the 6th P.M.; and geographically at Colorado State Plane North Zone NAD83

Coordinate 1,271,861N; 2,724,649 E. The following additional legal description is approximate and is not intended to supersede the

decreed legal description: Grand County, SW¼ of the SW¼, Section 4, Township 1 North, Range 81 West, 6th P.M. Distance from

section lines: 246 feet from the West section line and 860 feet from the South section line. (2) Source: The Middle Fork of Sheep Creek

delivered through the Strawberry Ditch. (3) Appropriation Date: December 28, 1999. (4) Amount: 34.9 acre-feet conditional with the

right to continuously fill and refill in priority, and to maintain a freshening flow through the pond. In Case No. 11CW110, Gould Pond

No. 2 was made absolute for all decreed beneficial uses in the amount of 24.8 acre-feet, at a fill rate of 0.5 c.f.s., with 10.1 acre-feet

remaining conditional. (5) Point of Diversion: Headgate of the Strawberry Ditch, which is located on the South bank of the Middle Fork

of Sheep Creek, at a point whence the SE Corner of Section 5, Township 1 North, Range 81 West of the 6th P.M. bears South 30º35'

East a distance of 2,490 feet; and geographically at Colorado State Plane North Zone NAD83 Coordinate 1,273,196 N; 2,723,108 E. (6)

Rate of Diversion through Strawberry Ditch: 7.5 c.f.s. (7) Use: Stock water, piscatorial, wildlife, recreation, and fire fighting. (8) Total

Capacity of Pond: 34.9 acre-feet; 0 acre-feet active capacity; 34.9 acre-feet dead storage. C. Kid’s Pond: (1) Location: The NE¼ SW¼

of Section 14, Township 1 North, Range 81 West of the 6th P.M.; and geographically the dam centerline is at Colorado State Plane

North Zone NAD83 Coordinate 1,261,670 N; 2,737,051 E. The following additional legal description is approximate and is not intended

to supersede the decreed legal description: Grand County, NE ¼ of the SW ¼, Section 14, Township 1 North, Range 81 West, 6th P.M.

Distance from section lines: 2,246 feet from the West section line and 1,375 feet from the South section line. (2) Source: Seepage and

surface runoff tributary to the Colorado River. (3) Appropriation Date: December 31, 1954, as to the original appropriation, and

December 28, 1999, as to the enlargement. (4) Amount: 4.2 acre-feet absolute for the original appropriation and 11.5 acre-feet

conditional for the enlargement. In Case No. 11CW110, the court found Applicants had applied reasonable diligence in the furtherance

of the 11.5 acre-feet conditional water right for all decreed beneficial uses. (5) Use: Stock water, piscatorial, wildlife, recreation, and

fire fighting. (6) Total Capacity of the Pond: 4.2 acre-feet for the original appropriation; 15.7 acre-feet when enlarged; 0 acre-feet active

capacity; 4.2 acre-feet dead storage for the original appropriation; 15.7 acre-feet dead storage when enlarged. 4. Provide a detailed

outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial

use as conditionally decreed, including expenditures. The initial construction of the Gould Ponds Nos. 1 and 2 was completed prior

to entry of the decree in Case No. 99CW316. The decree entered on December 16, 2012, in Case No. 11CW110 found that the Gould

Pond Nos. 1 and 2 had been made absolute in the amounts of 10.6 acre-feet and 24.8 acre-feet respectively, at a fill rate of 0.5 c.f.s., and

had been applied to all decreed beneficial uses, including stockwatering, piscatorial, wildlife, recreational and fire fighting, on July 9,

2001. The decrees in Cases No. 99CW316 and 11CW110 determined that the conditional water rights that are the subject of this

application are part of the integrated water project and system that serves development on the Grand River Ranch (the “Ranch”).

Therefore, work conducted on one feature of the project or system must be considered in finding that reasonable diligence has been

shown in the development of water rights for all features of the entire project system. During the diligence period and since the

Application was filed in Case No. 11CW110, Applicants have done the following toward completion of the decreed conditional water

rights and the integrated water supply project and system: A. The Owners Association continued to exercise the appropriative rights

of substitution decreed in Case No. 01CW40 (11CW85) and to work with the Town of Kremmling to determine when and if appropriate

to operate such appropriative rights of substitution and exchange to maximize the utility of available water supplies. In 2018, Applicant

Owners Association and the Town of Kremmling participated in discussions regarding use of the appropriative rights of substitution

and exchange during the then-pending shortage. In addition, Applicant Owners Association operated the plan for augmentation decreed

in Case No. 01CW41, as amended by Cases No. 06CW32 and 14CW3099, in order to allow the maximum utilization of the integrated

water supply project and system and infrastructure described and decreed in Cases No.99CW316, 01CW40, 01CW41, 06CW32,



14CW3019, 14CW3099, and related cases. In support of the integrated water project and system, and in addition to administration of

the augmentation plan decreed in Case No. 01CW41, general water administration and accounting on behalf of its members/owners,

and ordinary maintenance and repair of diversion and conveyance infrastructure, during the diligence period Applicant Owners

Association, together with various of its members/owners, completed the following: i. On June 28, 2011, Applicants filed an application

in Case No. 11CW98 in Water Division No. 5 seeking a finding of reasonable diligence and to make conditional rights absolute in part,

relating to appropriative rights of substitution and exchange from Red Dirt Creek to an unnamed tributary of Muddy Creek, from Red

Dirt Creek to Sheep Creek, and from points within the Sheep Creek basin, all utilizing structures and sources that are the subject of the

current Application. Although Applicants withdrew the claims to make portions of the exchanges in Case No. 11CW98 absolute, they

successfully prosecuted the application for a finding of reasonable diligence, and a decree was entered on August 25, 2013. ii. On

February 13, 2014, Applicant filed an application in Case No. 14CW3019 with the Water Court for Water Division No. 5, with an

amended application filed on October 13, 2014, seeking to change the location for the Muddy Creek Pump Station decreed in Case No.

01CW41 as an alternate point of diversion for the Red Dirt Valley Ditch. Both the Muddy Creek Pump Station and the Red Dirt Valley

Ditch and the respective water rights associated therewith are part of the integrated water supply project and system of the Applicants

in the current Application. The Applicant successfully prosecuted the application and a decree was entered March 22, 2015. iii. On

September 15, 2014, Applicant Owners Association filed an application in Case No. 14CW3099 with the water court in Water Division

No. 5, with an amended application on November 25, 2015, seeking a new conditional water right for the Martin Dairy Well enlargement

and an amendment to the plan for augmentation decreed in Case No. 01CW41 (as amended in Case No. 06CW32), all of which are a

part of the integrated water supply project and system for the Applicants in the current Application. Applicant successfully prosecuted

the application and a decree was entered on September 25, 2016. iv. On February 28, 2017, Applicant Owners Association filed an

application in Case No. 17CW3044 with the water court in Water Division No. 5 seeking a finding of reasonable diligence in the

development of the remaining portion of conditional water rights in Jones Reservoir No. 1 (second filling) and Jones Reservoir No. 2

(second filling). These water rights are part of the integrated water supply project and system for the Applicants in this Application.

Applicant successfully prosecuted the application and a decree was entered on September 17, 2017. v. Applicant Owners Association

has continued to engage ranch managers for the members/owners, contractors and Owners Association employees to monitor flows and

all flumes, gages and streams to ensure the continuous and accurate operation of the augmentation plan decreed in Case No. 01CW41

that benefit all the water rights and infrastructure that makes up the integrated water supply project and system for the Applicants in this

matter. Included in this work is the accurate measurement and recording of water available at flumes and measuring devices, including,

but not limited to, those in Lower Sheep Creek, the Cipoletti Weir-Shale Ditch, Sheep Creek Ditch, Middle Fork Sheep Creek, the Jones

Reservoir No. 2 Inlet Flume, the Jones Reservoir No. 1 Feeder Ditch, the Kremmling South Feeder Ditch, the Jones Reservoir No. 2

Outlet, the Jones Reservoir No. 2 level gage, the Jones Reservoir No. 1 level gage, the Jones Reservoir No. 1 outlet flume, the Siphon

Ditch flume, the Middle Fork above the P.J. Martin diversion flume, and the Middle Fork below the P.J. Martin diversion flume, the

P.J. Martin diversion above the Island Pond flume, the Strawberry Ditch diversion flume, the Jones diversion ditch to the North Fork

flume, the DeBerard overflow, the Muddy Creek Pump Station meter, the Town Pumping Plant exchange, Wolford Reservoir releases

for the benefit of the integrated water supply project and system, the Low Aspen Pond flow and gages, the Martin Dairy Well meter for

deliveries to the Tailwater Cabins, the Jones domestic water meter, the Jones irrigation water meter, and the Lodge domestic and

irrigation water meter for Lodge Well No. 1. These measurements are made and reported periodically during months when water is

available. Member/Owner Applicants pay annual association fees to the Owners Association to ensure continued compliance with the

requirements of the augmentation plan and related water rights decrees. vi. The Owners Association has also entered grazing leases for

property adjacent to and surrounding the structures that are the subject of this Application. The three-year grazing leases were effective

from 2011 and extend through 2021, and allow use of some features of the integrated water supply project and system for stock watering.

vii. During the diligence period the Owners Association spent in excess of $32,500 on legal services related to the Grand River Ranch’s

integrated water supply project and system described above. These entities also spent not less than $33,652 on engineering and

administrative services in connection with the activities described above and other activities in furtherance of the development of the

integrated water supply project and system. viii. Applicant continued to operate pursuant to a Water Supply Contract with the Colorado

River Water Conservation District for deliveries of water from Wolford Mountain Reservoir. Pursuant to that contract, Applicant

GRROA is entitled to 100 acre-feet of water annually for 40 years and contracted to annually pay a share of project operations and

maintenance. The total amount of operation and maintenance fees paid for the period 2012-2018 is approximately $16,305. B. The

Patricia L. McDonnell Revocable Trust conveyed the Middle Fork Ponds, consisting of the Upper Pond, the Middle Pond, and the Lower

Pond, to Rocky Mountain Legacy, LLC, and Rocky Mountain Legacy, LLC entered its appearance on May 8, 2017. Rocky Mountain

Legacy, LLC, has continued to diligently pursue the water rights of the Middle Fork Ponds. Applicants have continued to monitor flows

in the Middle Fork of Sheep Creek to determine the quantity and timing of flows when water rights are in priority or subject to the plan

for augmentation decreed in Case No. 01CW41. Applicants have made the water in the Middle Fork of Sheep Creek available for stock

and wildlife, continue to maintain and keep roads accessible for firefighting purposes and for the use of water available in the location

of the Middle Fork Ponds for such purposes, and continue to maintain and repair culvert pipes through which Sheep Creek flows in

order to make water available for anticipated diversions into the Middle Fork Ponds. C. James G. Postle conveyed his interest, subject

to a life estate, in the Low Aspen Pond to Brian A. Postle, Tracy A. Postle, and Jamie C. Feran, and provided notice to the court of the



transfer on March 19, 2013. Brian A. Postle, Tracy A. Postle, and Jamie C. Feran continued to actively pursue construction and use of

the Low Aspen Pond. In June 2015, they conveyed their entire interest to Sunset Cliff, LLC. Sunset Cliff, LLC, has continued to develop

the conditional water right for the Low Aspen Pond, including the following activity: plans for initial construction of the Low Aspen

Pond were prepared in mid-2015; preliminary construction of the Low Aspen Pond was commenced in the fall of 2015; the pond was

constructed and initial fill commenced during the summer of 2016, with diversions starting at a maximum rate of 2.0 c.f.s. on May 25,

2016 and continuing through July 11, 2016, with additional diversions when in priority. Since construction, the pond has been stocked

with fish each year, the perimeter reseeded with a native Colorado Brohm grass, and a fishing pier built. The Low Aspen Pond as

constructed includes a non-jurisdictional dam with a surface acreage of approximately 2.94 acres. It has an average depth of 10 feet and

holds 32 acre-feet of water when full. The pond is fed by a single 12-inch pipe from its source on the south fork of Sheep Creek. A

sinlge 15-inch steel culvert with a standard type screw headgate was set into the creek at a 1° slope at the decreed diversion location,

and outlet works consisting of 980 feet of 12-inch pipe attached to the Agri-Drain outlet structure and running on a steep grade back to

Sheep Creek was installed. In an application filed contemporaneously with this Application, Applicants seek to make 32 acre-feet of

storage in the Low Aspen Pond absolute for all decreed purposes. D. The Kid’s Pond, located in Grand River Ranch Parcel 5 (Aspen

Hills Ranch, LLC), has been stocked fish annually since 2013, gates were installed in 2013, a heavy-duty culvert grate was installed in

2014, a weed control program has been instituted annually for the pond and the surrounding area, and a wind powered aerator has been

installed. Applicants intend to continue pursuit of the Kid’s Pond enlargement. E. Applicants have performed the following diligence

activities for the Lodge Well No. 1: repaired the well pump and the cistern; replaced the well pump contactor coil; inspected the booster

pump; performed water tests for the well and the cistern; emptied, bleached and sanitized the lodge cistern; annually inspected the

pumps; replaced the lodge pump pit filters in 2015. In 2017 Applicants replaced the Lodge Well No. 1 pump pit light and replaced parts

within the Lodge Well pump. In 2018 Applicants continued to replace parts within the Lodge Well pump and to perform ordinary

maintenance and repair. Applicant has stocked a reserve pump for emergency operations, if necessary. In 2018, the Lodge Well No. 1

operated from April 10 through October 6, pumping 3.86 acre-feet. Throughout the diligence period Applicants continued to perform

ordinary maintenance and repair of the Lodge Well No. 1 to fully utilize its decreed appropriation. This ordinary operation and

maintenance included yearly weed control and thistle removal from the site. F. Applicants have maintained the P.J. Martin Ponds to

their full capacity and continue their intent to enlarge the capacity to store the additional 1.3 acre-feet in the future. Applicants now have

used the 2.1 acre-feet previously decreed absolute for recreation and piscatorial uses through boating and fish stocking and seek to make

these uses absolute pursuant to C.R.S. § 37-92-301(4)(e) in a separate application filed contemporaneously with this Application.

Applicants hired a contractor in 2018 to do additional maintenance work on the connection between the two ponds at a cost of

approximately $300. Applicants also obtained a finding of diligence on the Aspen Meadow Spring Nos. 1 and 2 in 2018 in Case No.

18CW3007. The springs are an additional source of supply for the P.J. Martin Ponds and are decreed components of the integrated water

supply project and system with the P.J. Martin Ponds. Applicants spent approximately $830 on engineering services in relation to this

finding of diligence. G. After obtaining a decree finding the Island Pond had been made absolute as part of Case No. 11CW85, Applicants

made additional improvements to the Island Pond and its appurtenances, which are part of the integrated water supply project and

system. These improvements included digging out and leveling and resetting the Parshall flume on the inlet for the Island Pond,

inspecting the vault and cleaning the collection system for spring and tributary water, tree clean-up and improved access to the upper

section of the P.J. Martin No. 2 Ditch, manually removing filamentous algae and weeds from the Island Pond by dragging and raking it,

together with some chemical treatment where required, making improvements to the collection system to promote water delivery

efficiency, adding stock tanks to the Curry Springs within the integrated water supply project and system, repairing fencing around the

Curry Spring No. 4 to protect from damage from cattle and wildlife, cleaning ditches and culverts to improve flood irrigation and to

assist with delivery of water to meadow irrigation, cleaning vaults and making minor repairs to pipelines on P.J. Martin No. 2 Ditch,

enhancing the ditch to allow for additional collection of spring and tributary water, placing riprap on the Island Pond and the highly

used Stock Pond in the high erosion and pot hole areas, improving access to the P.J. Martin No. 2 Ditch diversion vault, engaging a

licensed commercial herbicide applicator to clean ditches, repairing and stabilizing the ditch in response to prior years’ overflows, hiring

an aquatic biologist for consultation and study to improve overall health, beauty and function of Island Pond to ensure sustainability for

livestock, fish and wildlife, and, in 2018, stocking 300 pounds of trout in the Island Pond. In addition, the Applicants continued ordinary

maintenance and repair of the structures as part of the integrated water supply project and system for the Applicants in this matter. H.

Applicants have continued to maintain fresh flows to the Gould Ponds through the Strawberry Ditch, continue to check flows at the

Strawberry Ditch flume, monitor creek flows that would supply the planned Beaver Ponds, engaged a ranch manager to record diversions

into the Strawberry Ditch, continued to maintain appropriate water levels in the ponds throughout the year, cleaned ditches in the Gould

Meadow for continued irrigation, used water from the Gould Ponds for decreed purposes, maintained and repaired overflow pipes on

the Gould Ponds, periodically maintained algae and aquatic weeds in the ponds, allowed access to the ponds for stock and wildlife,

continued to keep roads accessible for firefighting purposes as needed, stocked the constructed ponds with fish periodically, and placed

a canoe on ponds for owner use for fishing and recreational purposes. Applicants intend to continue active pursuit of the development

of the remaining conditional portion of these water rights. I. The existing Collett pond system as constructed in 2009 is designed to

divert water from the PJ Martin ditch into the ponds and then return water to the PJ Martin ditch. The pond system is turned on every

year in March or April, depending upon spring weather conditions. The pond system is turned off every year in October or November,



depending upon weather conditions. Maintenance of the existing pond systems from January 1, 2013 to December 31, 2018 has averaged

less than a $1,000.00 per year and the cost is primarily for the purchase of algaecide to manage algae in the ponds. The ponds have been

used for recreational purposes during the diligence period, in which a shallow area with a sand bed was created for children to play and

a small boat dock was built to accommodate a four-person paddle boat. The ponds are available for firefighting, if the occasion arises.

The ponds are frequented by deer and elk on an ongoing basis, as well as other species such as bears, coyotes, fox and pine marten and

a wide variety of birds. Attached to this application as Exhibit A is a map showing the location of the conditional water rights that are

the subject of this application. The Applicants request a finding that they have exercised reasonable diligence in the development of

each of the conditional water rights listed above, and that these water rights remain a part of the Grand River Ranch integrated water

supply system for purposes of finding of reasonable diligence. The Applicants further seek a decree continuing the remaining conditional

water rights for an additional six years from the date of any decree herein, to the extent not made absolute water rights. The Applicants

request that any diligence activities undertaken after the date of filing of this application and prior to entry of a decree herein be

considered as diligence in the development of the conditional water rights for purposes of the next diligence period, and that any decree

entered herein not preclude the Applicants from relying upon such activities to assist in demonstration of reasonable diligence in the

next diligence period. The Applicants also request that to the extent the conditional water rights that are the subject of this application

are made absolute water rights, in whole or in part, by the diversion of water and its application to beneficial use prior to entry of a

decree herein, that the court award the Applicants an absolute water right in the amounts demonstrated by the Applicants. 5. Names(s)

and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification

to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any

modification to the existing storage pool. Patricia L. McDonnell Revocable Trust, address stated above, as to Gould Ponds No. 1 and

2. Aspen Hills Ranch, LLC, address stated above, as to Kid’s Pond. 6. Remarks or any other pertinent information: Since the co-

applicants McDonnell and Aspen Hills Ranch, LLC, are the owners of the land on which all of the structures and storage pools are

located, no notice is required to be served pursuant to section 37-92-302(2) (b) (II), C.R.S. (2010).








CLERK FOR WATER DIVISION 5 DURING THE MONTH OF DECEMBER 2018. The water right claimed by this

application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected

rights must appear to object and protest within the time provided by statute or be forever barred.

18CW3229 EAGLE COUNTY - EAGLE RIVER; Oldcastle SW Group, Inc., and Schmidt Ranch Partnership, LLP; c/o John R.

Pierce, Dufford, Waldeck, Milburn & Krohn, LLP, 744 Horizon Court, Suite 300, Grand Junction, CO 81506, (970) 248-5865;

REQUEST TO MAKE CONDITIONAL RIGHT ABSOLUTE AND APPLICATION FOR FINDING OF REASONABLE

DILIGENCE; Name, mailing address, and telephone number of applicant: Oldcastle SW Group, Inc.; 2273 River Road, Grand Junction,

CO 81505; (970) 243-4900; Schmidt Ranch Partnership, LLP, c/o Scott Grosscup, Balcomb & Green, P.C., P.O. Box 790, Glenwood

Springs, CO 81602; Request to make conditional right absolute and request for finding of diligence: Name of structure: Gypsum Ranch

Sand and Gravel Pit (reservoir); Description of conditional right: Original decree: 97CW0099; Subsequent diligence decrees:

05CW0140 and 12CW0067; Legal description: The location of the Gypsum Ranch Sand and Gravel Pit (“Gypsum Pit Reservoir”) is in

the NW/4 of the NE/4 of Section 4, Township 5 South, Range 85 West, of the 6 th P.M., at a point approximately 1,310 feet from the

north section line and 1,770 feet from the east section line; Source: Eagle River and springs tributary to the Eagle River; Appropriation

date: January 1, 1997; Amount: 8.28 a.f. (2.8 a.f. absolute for industrial uses; 5.48 a.f. conditional for industrial uses, and 8.28 a.f.

conditional for augmentation purposes); Uses: Augmentation and industrial uses, including but not limited to sand and gravel washing,

dust control, concrete production, and truck and equipment washing; Outline of what has been done toward completion of appropriation

and application to beneficial use: Modifications including expansions and reductions in size as necessary to support operations by

Applicant Oldcastle. As Applicant Oldcastle’s operations continue, the Gypsum Pit Reservoir will continue to be modified, and it is

important to Applicant Oldcastle’s operations to preserve the ability to expand the Gypsum Pit Reservoir beyond the 2.8 a.f. that is

currently decreed absolute for industrial use; Request to make absolute: Currently, 8.28 a.f. is decreed conditionally to the Gypsum Pit

Reservoir for augmentation use. The Reservoir currently has an estimated capacity of 1.5 a.f., and Applicant Oldcastle has filled the

Reservoir to capacity. Pursuant to C.R.S. § 37-92-103(4)(a), Applicants request to make absolute 1.5 a.f. of the conditional amount

decreed for augmentation use; Request for finding of diligence: Applicants request a finding of diligence with regard to any remaining

conditional amounts decreed to the Gypsum Pit Reservoir. (4 pages)













18CW3230 GARFIELD/EAGLE COUNTIES, COLORADO RIVER. Application for Absolute Water Storage and Surface Rights.

Deep Creek Ranch, LLLP, c/o Jeff Houpt & Ryan Jarvis of Beattie, Houpt & Jarvis, 932 Cooper Ave, Glenwood Springs, 970-945-

8659. For all structures: Appropriation/beneficial use date: 06/01/13; Locations: T 4 S, R 87 W 6th PM; UTMs: Zone 13, NAD 83; Uses:

Stockwatering, wildlife watering & habitat; Vertical height of dam: Less than 10 ft. Active capacity: None. Onion Ridge Pond: Location:

NE¼NE¼, Sec 14, at Northing 4397739/Easting 318264. Source: Big Ridge Spring & Spring Creek Ditch via Secret Pond, trib to

Irrawaddy Creek, trib to Colo River. Amount: 0.38 af, with right to fill & refill in priority (“fill & refill”). Rate of diversion (“Rate”):

130 gpm. Surface area (“Surface”): 3,300 sf. Length: 160 ft. Total capacity (“Total”): 0.38 af. Dead storage (“Dead”): 0.38 af. Lyons

Ridge Pond: Location: SW¼SW¼, Sec 12, at Northing 4398002/Easting 319973. Source: Lyons Ridge Spring. Amount: 0.4 af, fill &

refill. Rate: 50 gpm. Surface: 3,366 sf. Length: 30 ft. Total: 0.4 af. Dead: 0.4 af. Lyons Ridge Runoff Pond: Location: NE¼NE¼, Sec

11, at Northing 4399464/Easting 318428. Source: Big Ridge Spring & Spring Creek Ditch via Secret Pond, trib to Irrawaddy Creek, trib

to Colo River. Amount: 2.4 af, fill & refill. Rate: 130 gpm. Surface: 0.48 acre. Length: 30 ft. Total: 2.4 af. Dead: 2.4 af. Jack Creek

Springs Pond No. 1: Location: SE¼SW¼, Sec 11, at Northing 4398029/Easting 317820. Source: Jack Creek Springs, trib to Jack Creek,

trib to Deep Creek, trib to Colo River. Amount: 0.15 af, fill & refill. Rate: 35 gpm. Surface: 1,235 sf. Length: 75 ft. Total: 0.15 af. Dead:

0.15 af. Jack Creek Springs Pond No. 2: Location: SE¼SW¼, Sec 11, at Northing 4398006/Easting 317829. Source: Jack Creek Springs,

trib to Jack Creek, trib to Deep Creek, trib to Colo River. Amount: 0.07 aft, fill & refill. Rate: 35 gpm. Surface: 590 sf. Length: 30 ft.

Total: 0.07 af. Dead: 0.07 af. Hay Rake Pond: Location: NW¼NW¼, Sec 14, at Northing 4397725/Easting 316765. Source: Bathtub

Cabin Spring. Amount: 0.45 af, fill & refill. Rate: 100 gpm. Surface: 3,838 sf. Length: 155 ft. Total: 0.45 af. Dead: 0.45 af. Scenic Pond:

Location: NW¼NE¼, Sec 15, at Northing 4397751/Easting 315970. Source: Bathtub Cabin Spring. Amount: 0.6 af, fill and refill. Rate:

100 gpm. Surface: 5,191 sf. Length: 170 ft. Total: 0.6 af. Dead: 0.6 af. Picnic Pond: Location: SE¼NW¼, Sec 15, at Northing

4397467/Easting 315856. Source: Overflow from Twin Ponds. Amount: 0.4 af, fill & refill. Rate: 100 gpm. Surface: 6,280 sf. Length:

135 ft. Total: 0.4 af. Dead: 0.4 af. Twin Pond No. 1: Location: NW¼NW¼, Sec 15, at Northing 4397727/Easting 315176. Source: Twin

Ponds Springs, trib to Jack Creek, trib to Deep Creek, trib to Colo River. Amount: 0.4 af, fill & refill. Rate: 100 gpm. Surface: 2,893 sf.

Length: 170 ft. Total: 0.4 af. Dead: 0.4 af. Twin Pond No. 2: Location: NW¼NW¼, Sec 15, at Northing 4397467/Easting 315856.

Source: Twin Ponds Springs, trib to Jack Creek, trib to Deep Creek, trib to Colo River. Amount: 0.4 af, fill & refill. Rate: 100 gpm.

Surface: 3,720 sf. Length: 100 ft. Total: 0.4 af. Dead: 0.4 af. Bathtub Cabin Pond: Location: NE¼SE¼, Sec 9, at Northing

4398467/Easting 314722. Source: Bathtub Cabin Spring. Ditch used to fill reservoir: Bathtub Cabin Spring, which has a capacity of 100

gpm. Point of diversion: Bathtub Cabin Spring, NW¼SE¼, Sec 9, at Easting 314643.9/Northing 4398497. Amount: 0.66 af, fill & refill.

Rate: 100 gpm. Surface: 5,625 sf. Length: 220 ft. Total: 0.66 af. Dead: 0.66 af. Fat Man Dream Pond: Location: SW¼NW¼, Sec 2, at

Northing 4400750/Easting 317150. Source: Irrawaddy Creek, trib to Colo River. Ditch used to fill reservoir: Ridge Ditch, which has a

capacity of 1.0 cfs, and Spring Creek Ditch, which has a capacity of 0.2 cfs. Points of diversion: Ridge Ditch: NE¼SE¼, Sec 3, at

Northing 4400393/Easting 316649. Spring Creek Ditch: SW¼SW¼, Sec 2, at Easting 316840/Northing 4399703. Amount: 1.4 af, fill

& refill. Rate: 1.2 cfs. Surface: 11,792 sf. Length: 190 ft. Total: 1.4 af. Dead: 1.4 af. CSD Pond: Location: SE¼NW¼, Sec 2, at Northing

4400739/Easting 317490. Source: Irrawaddy Creek, trib to Colo River. Ditch used to fill reservoir: Overflow from Fat Man Dream

Pond, which is filled by Ridge Ditch & Spring Creek Ditch. Points of diversion: Ridge Ditch, same as above. Spring Creek Ditch, same

as above. Amount: 0.8 af, fill & refill. Rate: 1.2 cfs. Surface: 6.924 sf. Length: 95 ft. Total: 0.8 af. Dead: 0.8 af. Ladder Stand Spring

Pond: Location: NW¼NW¼, Sec 2, at Northing 4400817/Easting 316892. Source: Spring water trib to Irrawaddy Creek, trib to Colo

River. Amount: 0.4 af, fill & refill. Rate: 80 gpm. Surface: 3,500 sf. Length: 140 ft. Total: 0.4 af. Dead: 0.4 af. Irrawaddy Pond: Location:

NE¼SE¼, Sec 3, at Northing 4400403/Easting 316499. Source: Irrawaddy Creek, trib to Colo River. Amount: 0.17 af, fill & refill. Rate:

80 gpm. Surface: 1,500 sf. Length: 100 ft. Total: 0.17 af. Dead: 0.17 af. Secret Pond: Location: NW¼NW¼, Sec 11, at Easting

316948/Northing 4399523. Source: Big Ridge Spring & Spring Creek Ditch, trib to Irrawaddy Creek, trib to Colo River. Ditch used to

fill reservoir: Spring Creek Ditch, which has a capacity of 0.2 cfs. Point of diversion: SW¼SW¼, Sec 2, at Easting 316840/Northing

4399703. Amount: 0.62 af, fill & refill. Rate: 130 gpm. Surface: 5,394 sf. Length: 75 ft. Total: 0.62 af. Dead: 0.62 af. Porcupine Pond:

Location: NE¼SE¼, Sec 3, at Northing 4400067/Easting 316499. Source: Porcupine Spring. Amount: 0.73 af, fill & refill. Rate: 80

gpm. Surface: 6,319 sf. Length: 110 ft. Total: 0.73 af. Dead: 0.73 af. Lower Jack Creek Pond No. 1: Location: NW¼SW¼, Sec 11, at

Northing 4398433/Easting 317145. Source: Overflow from Secret Pond, which fills from Big Ridge Spring. Amount: 0.17 af, fill &

refill. Rate: 60 gpm. Surface: 1,500 sf. Length: 65 ft. Total: 0.17 af. Dead: 0.17 af. Lower Jack Creek Pond No. 2: Location: NW¼SW¼,

Sec 11, at Northing 4398403/Easting 317200. Source: Overflow from Lower Jack Creek Pond No. 1 & Secret Pond, which fill from Big



Ridge Spring, trib to Irrawaddy Creek, trib to Colo River. Amount: 0.17 af, fill & refill. Rate: 60 gpm. Surface: 1,500 sf. Length: 55 ft.

Total: 0.17 af. Dead: 0.17 af. Big Burn Pond No. 3: Location: NW¼SW¼, Sec 11, at Northing 4398855/Easting 316900. Source:

Overflow from Secret Pond, which is filled from Big Ridge Spring, trib to Irrawaddy Creek, trib to Colo River. Amount: 0.9 af, fill &

refill. Rate: 120 gpm. Surface: 7,848 sf. Length: 170 ft. Total: 0.9 af. Dead: 0.9 af. Big Burn Pond No. 2: Location: NW¼SW¼, Sec 11,

at Northing 4398674/Easting 317086. Source: Overflow from Big Burn Pond No. 3 & Secret Pond, which are filled from Big Ridge

Spring, trib to Irrawaddy Creek, trib to Colo River. Amount: 0.5 af, fill & refill. Rate: 120 gpm. Surface: 4,335 sf. Length: 150 ft. Total:

0.5 af. Dead: 0.5 af. Big Burn Pond No. 1: Location: NE¼SW¼, Sec, at Northing 4398539/Easting 317538. Source: Overflow from Big

Burn Pond Nos. 2 and 3 & Secret Pond, which are filled from Big Ridge Spring, trib to Irrawaddy Creek, trib to Colo River. Amount:

1.2 af, fill & refill. Rate: 120 gpm. Surface: 10,844 sf. Length: 250 ft. Total: 1.2 af. Dead: 1.2 af. Buck Pond: Location: NW¼NW¼,

Sec 11, at Northing 4399418/Easting 317145. Source: Overflow from Secret Pond, which is filled from Big Ridge Spring, trib to

Irrawaddy Creek, trib to Colo River. Amount: 0.46 af, fill & refill. Rate: 120 gpm. Surface: 4,000 sf. Length: 85 ft. Total: 0.46 af. Dead:

0.46 af. Fish Pond: Location: SW¼SW¼, Sec 2, at Northing 4399848/Easting 317036. Source: Fish Pond Springs, trib to Irrawaddy

Creek, trib to Colo River. Amount: 2.1 af, fill & refill. Rate: 0.5 cfs. Surface: 0.7 acre. Length: 305 ft. Total: 2.1 af. Dead: 2.1 af.

Government Corral Pond: Location: NE¼NE¼, Sec 4, at Northing 440019/Easting 315018. Source: Government Corral Springs, trib to

Irrawaddy Creek, trib to Colo River. Amount: 0.28 af, fill & refill. Rate: 80 gpm. Surface: 2,900 sf. Length: 90 ft. Total: 0.28 af. Dead:

0.28 af. Cow Camp Pond: Location: SE¼SW¼, Sec 2, at Northing 4399890/Easting 317555. Source: Spring Creek Ditch & Fish Pond

Springs, trib to Irrawaddy Creek, trib to Colo River. Amount: 1.2 af, fill & refill. Rate: 80 gpm. Surface: 10,500 sf. Length: 190 ft. Total:

1.2 af. Dead: 1.2 af. Jake Pond No. 1: Location: SW¼SE¼, Sec 2, at Northing 4399966/Easting 317674. Source: Spring Creek Ditch &

Fish Pond Springs, trib to Irrawaddy Creek, trib to Colo River. Ditch used to fill reservoir: Spring Creek Ditch, which has a decreed

capacity of 0.2 cfs. Point of diversion: SW¼SW¼, Sec 2, at Northing 4399703/Easting 316840. Amount: 0.5 af. Rate: 0.2 cfs. Surface:

4,750 sf. Length: 80 ft. Total: 0.5 af. Dead: 0.5 af. Jake Pond No. 2: Location: NW¼SE¼, Sec 2, at Northing 4400042/Easting 317756.

Source: Overflow from Jake Pond No. 1, which is filled by the Spring Creek Ditch & Fish Pond Springs, trib to Irrawaddy Creek, trib

to Colo River. Ditch used to fill reservoir: Spring Creek Ditch, which has a decreed capacity of 0.2 cfs. Point of diversion: SW¼SW¼,

Sec 2, at Northing 4399703/Easting 316840. Amount: 0.15 af. Rate: 0.2 cfs. Surface: 1,340 sf. Length: 90 ft. Total: 0.15 af. Dead: 0.15

af. Big Ridge Spring: Location: NW¼SE¼ Sec 3, at Easting 316173/Northing 4400017. Source: Spring trib to Irrawaddy Creek, trib to

Colo River. Amount: 130 gpm. Bathtub Cabin Spring: Location: NW¼SE¼, Sec 9, at Easting 314643.9/Northing 4398497. Source:

Springs trib to Jack Creek, trib to Deep Creek, trib to Colo River. Amount: 0.5 cfs. Irrawaddy Spring No. 1: Location: NE¼SE¼, Sec

3, at Easting 316678/Northing 4400065. Source: Spring water trib to Irrawaddy Creek, trib to Colo River. Amount: 100 gpm. Irrawaddy

Spring No. 2: Location: SW¼SW¼, Sec 2, at Easting 316782/Northing 4399671. Source: Spring water trib to Irrawaddy Creek, trib to

Colo River. Amount: 130 gpm. Porcupine Spring: Location: NE¼SE¼, Sec 3, at Northing 4400055/Easting 316459. Source: Spring

water trib to Jack Creek, trib to Deep Creek, trib to Colo River. Amount: 80 gpm. Government Corral Spring: Location: SW¼NE¼, Sec

4, at Northing 4400826/Easting 314680. Source: Spring water trib to Irrawaddy Creek, trib to Colo River. Amount: 80 gpm. Fish Pond

Springs: Location: A group of springs surrounding Fish Pond in the SW¼SW¼, Sec 2, at Northing 4399848/Easting 317036. Source:

Springs producing water trib to Irrawaddy Creek, trib to Colo River. Amount: 0.5 cfs, collectively. Lyons Ridge Spring: Location:

SW¼SW¼, Sec 12, at Northing 4398014.4/Easting 319955.8. Source: Springs producing water trib to Colo River. Amount: 50 gpm.

Owners of land: Applicant and United States Forest Service, PO Box 948, Glenwood Springs, CO 81602. (34 pages)











17CW16 (11CW46) EAGLE COUNTY- COLORADO RIVER. Melvin Sandoval & Maria Chagoya; P.O. Box 9514; Avon, CO

81620. (970)331-5901. Siloam Springs Pump & Pipeline No. 1 & Siloam Spring Well No. 1- Application to Make Absolute in Whole

or in Part. Locations: Siloam Springs Pump & Pipeline No. 1- NW¼NW¼ of Sec. 7, T.5S, R.86W. of the 6th P.M. 357 ft. from south

sec. line and 168 ft. from the west sec. line. Appropriation: September 30, 2003. Amount: 0.056 cfs, absolute. Use: irrigation. Siloam

Spring Well No. 1- NW¼NW¼ of Sec. 7, T.5S, R.86W. of the 6th P.M. 263 ft. from north sec. line and 10 ft. from the west sec. line.

Appropriation: September 30, 2003. Amount: 15.0 gpm, absolute. Use: irrigation. An outline of work performed during the diligence

period is included in the application.













17CW3156 EAGLE, PITKIN and GARFIELD COUNTIES, Trib. to the Roaring Fork River, trib. to the Colorado River.

Amendment to Application for Changes of Water Rights, Approval of Plan for Augmentation Including Appropriative Rights of

Exchange, and Alternate Points of Diversion and to Include Claim for Underground Water Rights. Applicant: Mid Valley Metropolitan

District, c/o Garfield & Hecht, P.C., 901 Grand Ave., Suite 201, Glenwood Springs, CO 81601, (970)947-1936. The purpose of this

Amendment is to adjudicate junior water right priorities to be augmented under the plan for augmentation, to reduce the amount of the

Robinson and Harris Ditch water right subject to change, and to include intermediate exchange termini for the appropriative rights of

exchange. Except as amended herein, the claims in the Application remain in effect. Application for Underground Water Rights. Claim

for First Enlargement Water Rights: Applicant’s existing water rights (wells) to be augmented under the plan for augmentation, described

in paragraph 6 of the Application, have a total combined volumetric limit of 1,740.696 acre-feet per year. The purpose of this new claim

is to adjudicate junior, “first enlargement” water rights to the wells for the increased volume of water that can be augmented under the

plan for augmentation, up to a combined total volumetric limit of 2,296.043 acre-feet per year. With the exception of new conditional

water rights claimed for the Juniper, Willow, and Chokecherry Wells, no change in the decreed pumping rates of the wells is requested.

See the revised Exhibit C location map. Name of structure: Mid Valley Metropolitan District Well No. 1 First Enlargement. Legal

Description: Located at a point in the SE1/4 of the SE1/4 of Section 33, Township 7 South, Range 87 West of the 6 th P.M., 1,000 feet

from the South section line and 700 feet from the East section line. Source: Groundwater tributary to the Roaring Fork River, tributary

to the Colorado River. Date of Appropriation: December 19, 2018. How appropriation was initiated: Formation of intent to appropriate

water for the proposed use, engineering evaluation, and approval of resolution authorizing filing of the application. Amount: 400 gpm,

absolute. The First Enlargement priority applies only to the increased volumetric capacity of the well, in combination with Applicant’s

other wells, up to a combined volumetric limit of 2,296.043 acre-feet per year. Use: All municipal uses. Depth of Well: 70 feet. Name

and address of owner or reputed owner of the land upon which MVMD Well No. 1 First Enlargement is or will be constructed: Blue

Lake Homeowners Association, 189 JW Drive, Carbondale, CO 81623. Name of Structure: Mid Valley Metropolitan District Well No.

2 First Enlargement. Legal Description: Located at a point in the SE1/4 of the SE1/4 of Section 33, Township 7 South, Range 87 West

of the 6th P.M., 1,000 feet from the South section line and 500 feet from the East section line. Source: Groundwater tributary to the

Roaring Fork River, tributary to the Colorado River. Date of Appropriation: December 19, 2018. How appropriation was initiated:

Formation of intent to appropriate water for the proposed use, engineering evaluation, and approval of resolution authorizing filing of

the application. Amount: 100 gpm, absolute. The First Enlargement priority applies only to the increased volumetric capacity of the

well, in combination with Applicant’s other wells, up to a combined volumetric limit of 2,296.043 acre-feet per year. Use: All municipal

uses. Depth of Well: 72 feet. Name and address of owner or reputed owner of the land upon which MVMD Well No. 2 First Enlargement

is or will be constructed: Blue Lake Homeowners Association, 189 JW Drive, Carbondale, CO 81623. Name of Structure: Mid Valley

Metropolitan District Well No. 3 First Enlargement. Legal Description: Located at a point in the SE1/4 of the NW1/4 of Section 11,

Township 8 South, Range 87 West of the 6th P.M., 2,880 feet from the South section line and 2,330 feet from the West section line.

Source: Groundwater tributary to the Roaring Fork River, tributary to the Colorado River. Date of Appropriation: December 19, 2018.

How appropriation was initiated: Formation of intent to appropriate water for the proposed use, engineering evaluation, and approval of

resolution authorizing filing of the application. Amount: 250 gpm, absolute. The First Enlargement priority applies only to the increased

volumetric capacity of the well, in combination with Applicant’s other wells, up to a combined volumetric limit of 2,296.043 acre-feet

per year. Use: All municipal uses. Depth of Well: 66 feet. Name and address of owner or reputed owner of the land upon which MVMD

Well No. 3 First Enlargement is or will be constructed: Oak Grove Townhouse Association, P.O. Box 653, Basalt, CO 81621. Name of

Structure: Mid Valley Metropolitan District Well No. 4 First Enlargement. Legal Description: A point located in the SE1/4 of the NW1/4

of Section 11, Township 8 South, Range 87 West of the 6th P.M., located approximately 2,830 feet from the South section line and 2,550

feet from the West section line. Source: Groundwater tributary to the Roaring Fork River, tributary to the Colorado River. Date of

Appropriation: December 19, 2018. How appropriation was initiated: Formation of intent to appropriate water for the proposed use,

engineering evaluation, and approval of resolution authorizing filing of the application. Amount: 500 gpm, conditional. The First

Enlargement priority applies only to the increased volumetric capacity of the well, in combination with Applicant’s other wells, up to a

combined volumetric limit of 2,296.043 acre-feet per year. Use: All municipal uses. Depth of Well: 83 feet. Name and address of owner

or reputed owner of the land upon which MVMD Well No. 4 First Enlargement is or will be constructed: Oak Grove Townhouse

Association, P.O. Box 653, Basalt, CO 81621. Name of Structure: Mid Valley Metropolitan District Well No. 8 First Enlargement.

Legal Description: Located in the SE1/4 of the SE1/4 of Section 33, Township 7 South, Range 87 West of the 6 th P.M., at a point 1271



feet from the South section line and 654 feet from the East section line of said Section 33. Source: Groundwater tributary to the Roaring

Fork River, tributary to the Colorado River. Date of Appropriation: December 19, 2018. How appropriation was initiated: Formation of

intent to appropriate water for the proposed use, engineering evaluation, and approval of resolution authorizing filing of the application.

Amount: 500 gpm, absolute. The First Enlargement priority applies only to the increased volumetric capacity of the well, in combination

with Applicant’s other wells, up to a combined volumetric limit of 2,296.043 acre-feet per year. Use: All municipal uses. Depth of Well:

102 feet. Name and address of owner or reputed owner of the land upon which MVMD Well No. 8 First Enlargement is or will be

constructed: Blue Lake Homeowners Association, 189 JW Drive, Carbondale, CO 81623. Name of Structure: Mid Valley Metropolitan

District Mount Sopris Well No. 6 First Enlargement. Legal Description: A point located in the NW1/4 of the NE1/4 of Section 3,

Township 8 South, Range 87 West of the 6th P.M., located approximately 787 feet from the North section line and 1,456 feet from the

East section line of said Section 3. Source: Groundwater tributary to the Roaring Fork River, tributary to the Colorado River. Date of


engineering evaluation, and approval of resolution authorizing filing of the application. Amount: 500 gpm, conditional. The First

Enlargement priority applies only to the increased volumetric capacity of the well, in combination with Applicant’s other wells, up to a

combined volumetric limit of 2,296.043 acre-feet per year. Use: All municipal uses. Depth of Well: 125 feet. Name and address of

owner or reputed owner of the land upon which MVMD Mount Sopris Well No. 6 First Enlargement is or will be constructed: Eagle

County, P.O. Box 850, Eagle, CO 81631. Names of Structures: Mid Valley Metropolitan District Well Nos. 5, 6, 7, 9, 10, and 12 First

Enlargement. Legal Descriptions: MVMD Well No. 5 First Enlargement: Located in the NW1/4 of the NW1/4 of Section 3, Township

8 South, Range 87 West of the 6th P.M., at a point 40 feet from the North section line and 480 feet from the West section line of said

Section 3. MVMD Well No. 6 First Enlargement: Located in the SW1/4 of the SW1/4 of Section 34, Township 7 South, Range 87 West

of the 6th P.M., at a point 800 feet from the South section line and 100 feet from the West section line of said Section 34. MVMD Well

No. 7 First Enlargement: Located in the SE1/4 of the SE1/4 of Section 33, Township 7 South, Range 87 West of the 6th P.M., at a point

1000 feet from the South section line and 600 feet from the East section line of said Section 33. MVMD Well No. 9 First Enlargement:

Located in the NW1/4 of the SE1/4 of Section 33, Township 7 South, Range 87 West of the 6th P.M., at a point 1750 feet from the South

section line and 1520 feet from the East section line of said Section 33. MVMD Well No. 10 First Enlargement: Located in the SE1/4

of the NW1/4 of Section 11, Township 8 South, Range 87 West of the 6th P.M., at a point 2300 feet from the North section line and

2160 feet from the West section line of said Section 11. MVMD Well No. 12 First Enlargement: Located in the SW1/4 of the NW1/4

of Section 11, Township 8 South, Range 87 West of the 6th P.M., at a point 2250 feet from the North section line and 1240 feet from the

West section line of said Section 11. Source: Groundwater tributary to the Roaring Fork River, tributary to the Colorado River. Date of


engineering evaluation, and approval of resolution authorizing filing of the application. Amount: 500 gpm, conditional, for each well.

The First Enlargement priority applies only to the increased volumetric capacity of each of the wells, in combination with Applicant’s

other wells, up to a combined volumetric limit of 2,296.043 acre-feet per year. Use: All municipal uses. Names and addresses of owners

or reputed owners of the land upon which the wells are or will be constructed: MVMD Well No. 5 First Enlargement: Summit Vista

Homeowners Association, P.O. Box 2682, Basalt, CO 81621. MVMD Well No. 6 First Enlargement: Fields Development Group, 1009

Cattle Creek Ridge Road, Carbondale, CO 81623. MVMD Well No. 7 First Enlargement: Rivada LLC, 21 St. Finnbar Farm Road,

Carbondale, CO 81623. MVMD Well No. 9 First Enlargement: Applicant. MVMD Well No. 10 First Enlargement: Oak Grove

Townhouse Association, P.O. Box 653, Basalt, CO 81621. MVMD Well No. 12 First Enlargement: Michael P. Knapp Family Trust,

3516 Goodwood Drive SE, Grand Rapids, MI 49546-7226. Names of Structure: Juniper Well First Enlargement, Willow Well First

Enlargement, and Chokecherry Well First Enlargement. Legal Descriptions: Juniper Well First Enlargement: Located in the SE1/4 of

the NW1/4 of Section 33, Township 7 South, Range 87 West of the 6th P.M., at a point 2134 feet from the North section line and 1876

feet from the West section line. Willow Well First Enlargement: Located in the SE1/4 of the NW1/4 of Section 33, Township 7 South,

Range 87 West of the 6th P.M., at a point 2327 feet from the North section line and 1821 feet from the West section line. Chokecherry

Well First Enlargement: Located at a point in the SE1/4 of the NW1/4 of Section 33, Township 7 South, Range 87 West of the 6th P.M.,

2260 feet from the North section line and 1570 feet from the West section line. Source: Groundwater tributary to the Roaring Fork River,

tributary to the Colorado River. Date of Appropriation: December 19, 2018. How appropriation was initiated: Formation of intent to

appropriate water for the proposed use, engineering evaluation, and approval of resolution authorizing filing of the application. Amount:

500 gpm, conditional, for each well; up to a total combined volumetric limit of 2,296.043 acre-feet per year in combination with

Applicant’s other wells. Use: All municipal uses. Depth of Wells: Juniper Well: 50 feet. Willow Well: 52 feet. Names and addresses of

owners or reputed owners of the land upon which the wells are or will be constructed: Juniper Well First Enlargement and Willow Well

First Enlargement: Brenda Broxton, P.O. Box 909, Basalt, CO 81621. Chokecherry Well First Enlargement: Peter Roblin, 79 Draper

Way, Wayland, MA 01778. Amendment to Claim for Change of Water Rights. Change of Water Rights for Robinson and Harris Ditch.

Section 4 of the Application is amended as follows: The amount of the Robinson and Harris Ditch water right that Applicant seeks to

change in the case is amended to 0.20 c.f.s. With that change, the calculated evapotranspiration rate is reduced to 1.39 acre-feet per acre,

and the resulting consumptive use credit for dry-up of the 15.0 acres of historically irrigated land is 20.90 acre-feet per year. All other

information regarding the subject change of water right remains the same. Amendments to Claim for Approval of Plan for Augmentation.

Name of structures to be augmented: Section 6 of the Application – description of water rights to be augmented under the plan for



augmentation – is amended to include the following additional water rights: MVMD Well No. 1 First Enlargement, described above.

MVMD Well No. 2 First Enlargement, described above. MVMD Well No. 3 First Enlargement, described above. MVMD Well No. 4

First Enlargement, described above. MVMD Well No. 8 First Enlargement, described above. MVMD Mount Sopris Well No. 6 First

Enlargement, described above. MVMD Well No. 5 First Enlargement, described above. MVMD Well No. 6 First Enlargement, described

above. MVMD Well No. 7 First Enlargement, described above. MVMD Well No. 9 First Enlargement, described above. MVMD Well

No. 10 First Enlargement, described above. MVMD Well No. 12 First Enlargement, described above. Juniper Well First Enlargement,

described above. Willow Well First Enlargement, described above. Chokecherry Well First Enlargement, described above.

Appropriative Rights of Exchange. Section 10 of the Application – appropriative rights of exchange associated with the plan for

augmentation – is amended to include additional, intermediate exchange termini associated with both appropriative rights of exchange.

Wastewater Return Flow Exchange: The location of Exchange 1 (wastewater return flow exchange) is amended to add intermediate

upper exchange termini, described as follows: Location: The affected stream reach of the exchange is the Roaring Fork River from the

Wastewater Treatment Plant outflow discharge (“Exchange 1 Lower Terminus”) to the upstream locations of well depletions associated

with Applicant’s well groupings, the locations of which are shown on Exhibit D to the Amendment to Application and described below.

There are three upper termini associated with Exchange 1 – Upper Terminus A (associated with Well Group A), Upper Terminus B

(associated with Well Group B), and Upper Terminus C (associated with Well Group C). Exchange 1 Lower Terminus: Located in the

SW1/4 of the SE1/4 of Section 33, Township 7 South, Range 87 West of the 6th P.M., at a point 470 feet from the South section line and

2680 feet from the East section line of said Section 33. Exchange 1 Upper Terminus A: Located in the NW1/4 of the SE1/4 of Section

11, Township 8 South, Range 87 West of the 6th P.M., at a point 2200 feet from the South section line and 2300 feet from the East

section line of said Section 11. Exchange 1 Upper Terminus B: Located in the SE1/4 of the NW1/4 of Section 3, Township 8 South,

Range 87 West of the 6th P.M., at a point 2500 feet from the North section line and 1930 feet from the West section line of said Section

3. Exchange 1 Upper Terminus C: Located in the NE1/4 of the NE1/4 of Section 4, Township 8 South, Range 87 West of the 6 th P.M.,

at a point 600 feet from the North section line and 930 feet from the East section line of said Section 4. Lagged Irrigation Return Flows

and Historical Consumptive Use Credits Exchange: The location of Exchange 2 (lagged irrigation return flow and HCU credit exchange)

is amended to add intermediate upper exchange termini, described as follows: Location: The affected stream reach of the exchange is

the Roaring Fork River from where CR 100 crosses the Roaring Fork River (“Exchange 2 Lower Terminus”) to the upstream locations

of well depletions associated with Applicant’s well groupings, the locations of which are shown on Exhibit D and described below.

There are four upper termini associated with Exchange 2 – Upper Terminus A (associated with Well Group A), Upper Terminus B

(associated with Well Group B), Upper Terminus C (associated with Well Group C), and Upper Terminus D (associated with Well

Group D). Exchange 2 Lower Terminus: Located in the NE1/4 of the SW1/4 of Section 31, Township 7 South, Range 87 West of the

6th P.M., at a point 1500 feet from the South section line and 2250 feet from the West section line of said Section 31. Exchange 2 Upper

Terminus A: Located in the NW1/4 of the SE1/4 of Section 11, Township 8 South, Range 87 West of the 6 th P.M., at a point 2200 feet

from the South section line and 2300 feet from the East section line of said Section 11. Exchange 2 Upper Terminus B: Located in the

SE1/4 of the NW1/4 of Section 3, Township 8 South, Range 87 West of the 6th P.M., at a point 2500 feet from the North section line

and 1930 feet from the West section line of said Section 3. Exchange 2 Upper Terminus C: Located in the NE1/4 of the NE1/4 of Section

4, Township 8 South, Range 87 West of the 6th P.M., at a point 600 feet from the North section line and 930 feet from the East section

line of said Section 4. Exchange 2 Upper Terminus D: Located in the NW1/4 of the SW1/4 of Section 33, Township 7 South, Range 87

West of the 6th P.M., at a point 1340 feet from the South section line and 520 feet from the West section line of said Section 33.

Wherefore, Applicant requests the Court to issue a decree granting the additional relief and amended relief requested in the Amendment

to Application.











17CW3256 SUMMIT, GARFIELD, PITKIN AND EAGLE COUNTIES. Amended Application for Finding of Reasonable

Diligence and to Confirm Cond. Water Rights Absolute in Part. The Basalt Water Conservancy District (“District”), c/o Balcomb &

Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602; (970) 945-6546. The District amended Table 2, which is Exhibit E to its

Application, (but not the info. in the body of the Application or other exhibits thereto) to correct well permit numbers, structure locations,

or tributary sources within descriptions of 28 structures listed therein. Pursuant to paragraph 15.c.viii of Case No. 02CW77 Ruling 1 of

2, the District hereby notifies all potentially interested parties that the augmented structures and alternate pts. of diversion identified in



Table 2, Exhibit E to the Application, have been included for operation under the Umbrella Plan. Table 2, Exhibit E identifies included

augmented structures and alternate pts. of diversion with particularity, incl. their location, so as to notify all potentially interested parties

of the operation of the Umbrella Plan as it continues to be implemented. Revised info. from Table 2, Exhibit E is included as text below

in the following order: District Sub-area #; Trib. Source; Contract #; Contract Amt. in AF; Diversion Amt. in cfs; Structure Name or

Well Permit #; PLSS/Legal Description. Using the first contract listed below, Contract 10, as an example, the augmented structure is

the Dallenbach Well Pond located in Area A-2, diverts from the Fryingpan River, has a contract amount of 1.5 AF with diversion rate

of 0.086 cfs, is identified by Well Permit 64075-F, and is located in SW1/4 NE1/4, Sec. 9, T8S, R86W, 6th P.M., a dist. of 1,580 ft.

from the N. Sec. line and 2,320 ft. from the E. Sec. line. NOTE that contracts no. 574, 650, 663, and 666 serve more than one augmented

structure (which may have different diversion rates and trib. sources). The included structures are: A-2; Fryingpan River; 10; 1.50;

0.086; Dallenbach Well Pond; 64075-F; SW1/4 NE1/4, Sec. 9, T 8S., R. 86 W., 6th P.M. at a pt. 1,580 ft. from the N. and 2,320 ft. from

the E. A-2; Fryingpan River; 695; 1.00; 0.033; 81563-F; SE1/4 SW1/4, Sec. 2, T8S, R86W, 6th P.M. at a pt. 1,300 ft. from the S. Sec.

line and 1,800 ft. from the W. Sec. line. A-4; Blue Creek; 108c; 2.00; 0.033; 66137-F; SW1/4 SE1/4, Sec. 28, T7S, R87W., 6th P.M., a

dist. of 3,980 ft. from the N. Sec. line and 2,622 ft. from the E. Sec. line. A-4; Blue Creek; 109e; 0.70; 0.033; 66137-F; SW1/4 SE1/4,

Sec. 28, T7S, R87W., 6th P.M., a dist. of 3,980 ft. from the N. Sec. line and 2,622 ft. from the E. Sec. line. A-4; Roaring Fork River;

217b; 2.20; 0.033; 42712-F; NE1/4 NE1/4, Sec. 25, T7S, R88W., 6th P.M. at a pt. 500 ft. from the N. Sec. line and 600 ft. from the E.

Sec. line. A-4; Crystal Spring Creek; 465; 0.20; 0.033; 41391; NE1/4 SW 1/4, Sec. 23, T7S, R88W, 6th P.M., 1,385 ft. from the W. Sec.

line and 2,754 ft. from the S. Sec. line. A-4; Crystal Spring Creek; 494; 0.40; 0.033; 64598-FR; SW1/4 NW 1/4, Sec. 25, T7S, R88W.,

6th P.M., 2,523 ft. from the N. Sec. line and 660 ft. W. Sec. line. A-4; Blue Creek; 504a; 2.40; 0.033; 66798-FR; NW1/4 NE1/4, Sec.

34, T7S, R87W, 6th P.M., at a dist. of 1,035 ft. from the N. Sec. line and 1,956 ft. from the E. Sec. line. A-4; Roaring Fork River; 506;

0.10; 0.033; 158846; SW1/4 NW1/4, Sec. 35, T7S, R88W, 6th P.M., at a dist. of 1,647 ft. from the N. Sec. line and 100 ft. from the W.

Sec. line. A-4; Roaring Fork River; 518a; 6.80; 0.067; 67194-F; NW1/4 SW1/4, Sec. 33, T7S, R87W, 6th P.M., at a dist. of 3,125 ft.

from the N. Sec. line and 726 ft. from the W. Sec. line. A-4; Roaring Fork River; 519a; 1.30; 0.033; 66011-F; SW1/4 NW1/4, Sec. 28,

T7S, R88W, 6th P.M., 2,645 ft. from the S. Sec. line and 4,420 ft. from the E. Sec. line, 6th P.M. A-4; Roaring Fork River; 536; 0.40;

0.033; 67140-F; SW1/4 NE1/4, Sec. 1, T7S, R89W, 6th P.M., 3,720 ft. from S. Sec. line, 1,580 ft. from the E. Sec. line, 6th P.M. A-4;

Roaring Fork River; 543a; 1.00; 0.033; 66915-F; NW1/4 SE1/4, Sec. 34, T7S, R88W, 6th P.M., 2,120 ft. from the S. Sec. line and 2,100

from the E. Sec. line. A-4; Roaring Fork River; 556; 1.80; 0.033; 67391-F; NW1/4 NW1/4, Sec. 13, T8S, R87W, 6th P.M., 400 ft. from

the N. Sec. line and 1,211 ft. from the W. Sec. line. A-4; Roaring Fork River; 574; 1.30; 0.067; 68877-F; SW1/4 SE1/4, Sec. 7, T8S,

R86W, 6th P.M., at a pt. 1,659 ft. from the E. line and 1,124 ft. from the S. line; and, 68878-F; SW1/4 SE1/4, Sec. 7, T8S, R86W, in

the 6th P.M. at a pt. 1,656 ft. from the E. line and 1,038 ft. from the S. line. A-4; Cattle Creek; 582a; 1.00; 0.033; 81002-A; SW1/4

NE1/4, Sec. 17, T7S, R88W, 6th P.M., 1,536 ft. from the N. Sec. line and 2,499 ft. from the W. Sec. line. A-4; Roaring Fork River; 604;

0.30; 0.033; 41018; SW1/4 SE1/4, Sec. 11, T8S, R87W, 6th P.M., at a pt. 164 ft. from the S. Sec. line and 1,217 ft. from the E. Sec.

line. A-4; Spring Valley; 606; 0.70; 0.033; 76874-F; NW1/4 NE1/4, Sec. 29, T6S, R88W., 6th P.M. at a pt. 50 ft. from the N. Sec. line

and 1,857 ft. from the E. Sec. line. A-4; Roaring Fork River; 626a; 0.50; 0.033; 77983-F; SW1/4 NW1/4, Sec. 26, T6S, R89W, 6th P.M.

at a pt. 2,013 ft. from the N. Sec. line and 713 ft. from the W. Sec. line. A-4; Roaring Fork River; 631; 0.90; 0.033; 79499-F; SE1/4

NE1/4 of Sec. 1, T7S, R89W., 6th P.M. at a pt. 1,660 ft. from the N. Sec. line and 166 ft. from the E. Sec. line. A-4; Cattle Creek; 650;

4.40; 0.067; 79938-F; SW1/4 SW1/4 of Sec. 8, T7S, R88W, 6th P.M. at a pt. 1,251 ft. from the S. Sec. line and 4,644 ft. from the E.

Sec. line; and, Proposed Well; SW1/4 SW1/4, Sec. 8, T7S, R88W, 6th P.M. at a pt. 1,251 ft. from the S. Sec. line and 238 ft. from the

W. Sec. line. A-4; Roaring Fork River; 652; 1.00; 0.033; 79071-F; NE1/4 SW1/4, Sec. 35, T6S, R89W, 6th P.M., at a location 1612 ft.

from the S. Sec. line and 1559 ft. from the W. Sec. line. A-4; Roaring Fork River; 653; 0.90; 0.033; 79070-F; NW1/4 SE1/4 Sec. 35,

T6S, R89W, 6th P.M. at a pt. 2,430 ft. from the S. Sec. line and 2,565 from the W. Sec. line. A-4; Roaring Fork River; 663; 16.70;

0.134; 79425-F; SE1/4 SE1/4, Sec. 4, T8S, R87W, 6th P.M. 800 ft. from the S. Sec. line and 700 ft. from the E. Sec. line; and, 79426-

F; SE1/4 NE1/4 Sec. 4, T8S, R87W, 6th P.M. 2,684 ft. from the S. Sec. line and 631 ft. from the E. Sec. line; and, Home Supply Ditch;

SE1/4 SW1/4 NW1/4 Sec. 17, T8S, R86W 6th P.M. at pt. where the SW1/4 of Sec. 17 bears S. 16 deg. 30 min. W. 2,700 ft. A-4;

Roaring Fork River; 666; 2.10; 0.033; 79818-F; SE1/4 SW1/4 Sec. 30, T7S, R87W, 6th P.M. at a pt. 952 ft. from the S. Sec. line and

1,985 ft. from the W. Sec. line; and, 80710-F; SE1/4 SW1/4, Sec. 30, T7S, R87W, 6th P.M., 952 ft. from S. Sec. line and 1985 ft. from

W. Sec. line. A-4; Red Canyon Creek; 671; 12.10; 0.116; 80675-F; NW1/4 SW1/4, Sec. 3, T7S, R88W, 6th P.M. at a pt. 2,563 ft. from

the S. Sec. line and 138 ft. from the W. Sec. line.













18CW14 (12CW40) GARFIELD COUNTY- CATTLE CREEK TRIBUTARY TO THE ROARING FORK RIVER

TRIBUTARY TO THE COLORADO RIVER. James W. Marshall, Jr.; P.O. Box 2538; Basalt, CO 81621 (970)928-8287. Application

to Make Absolute in Whole or In Part. Structure: Hunt Reservoir No. 3. Location of the dam: NW¼ SW¼ of Sec. 11, T.7S, R.88W. of

the 6th P.M. 2,000 ft. form the north sec. line and 1,050 ft. from the east sec. line. Source: Cattle Creek. Appropriation date: August 6,

1981. Amount: 2.01 acre-feet, total, which is absolute for livestock, fish and recreational purposes and conditional for irrigation. Uses:

livestock watering, fish culture and recreation, and irrigation; domestic use was abandoned in Case No. 12CW40. Claim for absolute:

Date of beneficial use: June 2013. Amount: 2.01 acre-feet. Use: irrigation. An outline of work performed during the diligence period

and evidence for the absolute claim is included in Exhibit 1 to the application. The Hunt Reservoir No. 3 is located on Property owned

by Applicant.











18CW3195 EAGLE COUNTY, FRYING PAN RIVER, APPLICATION TO MAKE CONDITIONAL WATER RIGHTS

ABSOLUTE, IN PART, AND FOR FINDING OF REASONABLE DILIGENCE Name and address of Applicant: Ruedi Shores

Metropolitan District, c/o Roberson & Marchetti, P.C., 28 Second St., Ste. 213, Eagle, CO 81632. Please direct all correspondence to

Karl Hanlon, Karp Neu Hanlon, P.C., 201 14th Street, Suite 200, P.O. Drawer 2030, Glenwood Springs, CO 81602. First Claim: Finding

of Reasonable Diligence. Ruedi Shores Well No. 2. Date of Original Decree: February 6, 1992, in Case No. 91CW096. Subsequent

Decrees: Case Nos. 98CW33, 04CW124, 12CW58. Location: NE/4SW/4 of Section 6, Township 8 South, Range 84 West of the 6th

P.M. at a point whence the SW corner of said Section 6 bears South 54 degrees 15 minutes West a distance of 2,340 feet, also described

as 1,900 feet from the West section line and 1,360 feet from the South section line of said Section 6. Source: Groundwater tributary to

the Frying Pan River, tributary to the Roaring Fork River, tributary to the Colorado River. Appropriation date: December 31, 1990.

Amount: 32 g.p.m., conditional, 18 g.p.m. absolute (50 g.p.m. total) Uses: irrigation of lawns, gardens, and open space within and

adjacent to the Ruedi Shores Subdivision, domestic and fire protection uses. Place of Use: Within Applicant’s anticipated and potential

municipal water service area. Remarks: In Case No. 04CW124, 18 g.p.m. of the Ruedi Shores Well #2 water right was confirmed

absolute for irrigation of lawns, gardens, and open space, domestic and fire protection uses. Name of owner of land on which structure

is located: Applicant. Claim for Finding of Reasonable Diligence: The Ruedi Shores Well No. 2 water right was found in previous cases

to be a component part of Applicant’s integrated water supply system, within the meaning of C.R.S. §37-92-301. As such, work

performed with respect to any component part of Applicant’s water supply system constitutes diligence toward development of the

Ruedi Shores Well No. 2’s water right. Diligence: The Application contains a detailed outline of what has been done towards perfecting

the appropriation of the subject conditional water rights. Second Claim: Finding Making Conditional Right Absolute, in Part, and For

Reasonable Diligence: Ruedi Shores Spring. Date of Original Decree: February 6, 1992, in Case No. 91CW096, Subsequent Decrees:

Case Nos. 98CW32; 04CW124; 12CW58. Location: NW/4SW/4 of Section 6, Township 8 South, Range 84 West of the 6th P.M.., at a

point whence the SW corner of said Section 6 bears South 21 degrees 22 minutes West a distance of 1,850 feet, also described as 670

feet from the West section line and 1,720 feet from the South section line of said Section 6. Source: Groundwater tributary to the Frying

Pan River, tributary to the Roaring Fork River, tributary to the Colorado River. Appropriation date: April 15, 1991. Amount: 35 g.p.m.,

conditional, 15 g.p.m. absolute (50 g.p.m. total). Uses: irrigation of lawns, gardens, and open space within and adjacent to the Ruedi

Shores Subdivision, domestic and fire protection uses. Place of Use: Within Applicant’s anticipated and potential municipal water

service area. Remarks: In Case No. 04CW124, 15 g.p.m. of the Ruedi Shores Spring water right was confirmed absolute for irrigation

of lawns, gardens, and open space, domestic and fire protection uses. Landowner: Lee Paul Maloney and Cheryl Marie Maloney, 2

Bishop Sheppard Court, Eldonian Village, Liverpool, L36JW United Kingdom. Claim to Make Absolute, In Part: Date additional water

first applied to beneficial use: No later than November 1, 2012. Amount of water applied to beneficial use: 25 g.p.m. (10 g.p.m. additional

above the 15 g.p.m. already made absolute in case number 04CW124) for irrigation of lawns, gardens, and open space within and

adjacent to the Ruedi Shores Subdivision, Eagle County, Colorado as well as domestic and fire protection uses. Description of place

where water has been applied to beneficial use: Within Applicant’s municipal water service area. Claim Reasonable Diligence: 25

g.p.m. conditional if the additional 10 g.p.m. is determined to be absolute. This would make the total amount of water allocated to the

Ruedi Shores Spring 50 g.p.m. (25 g.p.m absolute plus 25 g.p.m. conditional). 35 g.p.m conditional if the additional 10 g.p.m. is not



determined to be absolute. This would make the total amount of water allocated to the Ruedi Shores Spring 50 g.p.m. (15 g.p.m. absolute

plus 35 g.p.m. conditional). Application to beneficial use/exercise of reasonable diligence: The Ruedi Shores Spring water right was

found in previous cases to be a component part of Applicant’s integrated water supply system, within the meaning of C.R.S. §37-92-

301. As such, work performed with respect to any component part of Applicant’s water supply system constitutes diligence toward

development of the Ruedi Shores Spring water right. The Application contains a detailed outline of what has been done towards

perfecting the Ruedi Shores Spring including any balance thereof not confirmed absolute pursuant to the Application. (8 pp. including

exhibits).






DIVISION 5 WATER COURT- DECEMBER 2018 RESUME … · Fee: $158.00) KATHY POWERS, Water Clerk, Water...

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Transcript of DIVISION 5 WATER COURT- DECEMBER 2018 RESUME … · Fee: $158.00) KATHY POWERS, Water Clerk, Water...