division 5 water court- august 2017 resume 1. … · 2. pursuant to c.r.s., §37-92-302, as...

DIVISION 5 WATER COURT- AUGUST 2017 RESUME

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 AUGUST 2017. 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.

17CW3157 MESA COUNTY; Application to Make Water Rights Partially Absolute and/or ofor Findings of Reasonable

Diligence. Name, address and telephone number of Applicant: Town of Palisade, please direct all correspondence to Applicant’s

attorneys: Mary Elizabeth Geiger, Garfield & Hecht, P.C., 901 Grand Ave., Suite 201, Glenwood Springs, CO 81601, (970) 947-1936,

[email protected]. Applicant requests that a portion of the conditional water rights decreed to the Town of Palisade Wastewater

Treatment Plant Outfall be made absolute and findings of reasonable diligence as to the remaining amounts/uses: Legal description: A

point of diversion located in Sec 3, T 1 S, R 2 E of the Ute Meridian, Mesa County, Colorado, more particularly described as follows:

Beginning at the North ¼ corner of Sec 3, whence the West 1/16 corner of the North boundary line of Section 3 bears North 90˚00’00”

West; thence South 18º23’01” East 2,888.22 feet to a point located on the centerline of the outfall line of the Palisade sewer plant, also

described as being 2190 feet from the west section line and 2712 feet from the north section line of Sec 3, T 1 S, R 2 E of the Ute

Meridian. Source: Municipal, wastewater, and return flow collected through the Town of Palisade wastewater treatment system, tributary

to the Colorado River. Appropriation date: June 14, 1988. Date applied to beneficial use: May 15, 2014. Amount: 1.9 c.f.s., conditional;

2.5 g.p.m. of which was applied to beneficial use for irrigation of the tree farm. Use: All municipal purposes, including without limitation

industrial, domestic, residential, commercial, recreation, fire protection, watering of animals, and irrigation of lawns, shrubs and gardens,

both by direct use and by augmentation, replacement, and exchange, and to thereby totally consume the full amount of such water for such

purposes. Number of acres proposed to be irrigated: Acreage within the existing and future service area of the Town of Palisade, by direct

use, augmentation, replacement and exchange. Owner of land upon which point of diversion is located: Applicant. Applicant requests

that a portion of the conditional water rights decreed to the Town of Palisade Seepage Diversion be made absolute and findings of

reasonable diligence as to the remaining amounts/uses: Legal Description: A point of diversion located in Sec 4, T 1 S, R 2 E of the Ute

Meridian, Mesa County, Colorado, more particularly described as follows: Beginning at the North ¼ corner of Sec 3, T 1 S, R 2 E of

the Ute Meridian, Mesa County, Colorado, whence the West 1/16 corner of the North boundary line of Sec 3 bears North 90˚00’00”

West; thence south 62˚19’53” West 4,614.17 feet to a point located on the centerline of a wastewater drainage ditch, which is the

collection point, also described as being 2806 feet from the east section line and 2297 feet from the north section line of Sec 4, T 1 S,

R 2 E of the Ute Meridian. Source: Collected groundwater seepage from the Grand Valley Canal, tributary to the Colorado River.

Appropriation date: June 14, 1988. Date applied to beneficial use: April 2012. Amount: 1.9 c.f.s., conditional; 2.5 g.p.m. applied to

irrigation within Riverbend Park. Use: All municipal purposes, including without limitation industrial, domestic, residential, commercial,

recreation, fire protection, watering of animals, and irrigation of lawns, shrubs and gardens, both by direct use and by augmentation,

replacement, and exchange, and to thereby totally consume the full amount of such water for such purposes. Number of acres proposed to

be irrigated: Acreage within the existing and future service area of the Town of Palisade both by direct use, augmentation, and exchange.

The place of use is within the present and future service area of the Town of Palisade. Owner of land upon which point of diversion is

located: Applicant. The Application includes a detailed outline of the work performed during the diligence period to apply to beneficial

use a portion of the subject water rights and toward the application to beneficial use of the remaining conditional amounts/uses.

YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of OCTOBER 2017 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.






17CW3158 (2009CW101), GARFIELD COUNTY, ROAN CREEK, TRIBUTARY TO THE COLORADO RIVER THE OIL

SHALE CORPORATION, c/o ConocoPhillips Company, Attn.: Keri Hutchens, 3401 East 30th

Street, Farmington, New Mexico

87402. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. Name of Structures: Trail Gulch Reservoir and Trail

Gulch Reservoir, First Enlargement. Description of Conditional Water Rights for which a Finding of Reasonable Diligence is sought:

The initial point of survey of the high water line of the Trail Gulch Reservoir is located on the left abutment of the dam at a point

whence the northeast corner of Section 28, T. 6 S., R. 100 W. of the 6th

P.M., bears North 35° 33’ East 1,550 feet. UTM coordinates

Northing 4,379,219.198, Easting 194,566.0855 (NAD 83, UTM Zone 13N) in Garfield County. Source of water - Roan Creek and its

tributaries, tributary to the Colorado River, upstream from the dam forming the Reservoir. On November 16, 1970, in Civil Action

No. 6404, the Garfield County District Court awarded to the Trail Gulch Reservoir, Structure No. 135, Priority No. 205, a conditional

water right for 5,669.21 acre feet of water to be used for industrial, mining, domestic, municipal, recreational, irrigation and other

beneficial purposes, with an appropriation date of September 23, 1967. On December 7, 1982, in Case No. 79CW353, the Court

granted Applicant’s Application for an alternate point of storage for the Trail Gulch Reservoir on Carr Creek, a tributary of Roan

mailto:[email protected]

AUGUST 2017 RESUME

WATER DIVISION 5 PAGE 2

Creek and the Colorado River via the Tosco Pipeline at the following location: The point of intersection of the dam axis with the

centerline of Section 24, T. 5 S., R. 100 W., 6th

P.M., bears North 27° 00’ East a distance of 3,700 feet. UTM coordinates Northing

4,389,106.5187, Easting 194,268.2183 (NAD 83, UTM Zone 13N). In addition, the Court granted an additional storage capacity of

the Reservoir at the alternate point of storage in the amount of 950.79 acre feet with an appropriation date of December 27, 1979. The

Court previously has found the Applicant diligent in the development of the subject water right in Case Nos. 80CW138, 84CW123,

88CW127, 95CW276 and 02CW122. On August 29, 2011, in Case No. 09CW101, said water rights were continued in full force and

effect. The original decreed site of the reservoir is located in property owned by the following: United States Department of the

Interior, Bureau of Land Management, 2300 River Frontage Road, Silt, Colorado 81652, #14 Enterprises, LLC, Post Office Box 77,

DeBeque, Colorado 81630, John Lamicq III, 2214 Canyon Rim Drive, Grand Junction, Colorado 81507 and Rodd B. Brackett, Tracey

K. Brackett, 19490 County Road 204, DeBeque, Colorado 81630. The alternate place of storage is located on property owned by the

following: Applicant, Altenbern & Sons, 13098 County Road 204, DeBeque, Colorado 81630-9718, Nona Powell, Post Office Box

23, Rangley, Colorado 81648, United States Department of Interior, Bureau of Land Management, 2300 River Frontage Road, Silt,

Colorado 81652. The Application contains a detailed outline of the work performed during the diligence period.






CO 81601.






17CW3159 PITKIN COUNTY; Application to Make Certain Water Rights Absolute and for Findings of Reasonable

Diligence; Names of Applicants: Ruedi Southshore Homeowners Assoc., Inc. (Well No. 15), Southshore Development Company

(Well Nos. 2, 8 and 14), Kevin and Mary Gorremans (Well No. 3), Gabriela and Rasheed Maazouz (Well No. 4) , Chad Overway

(Well No. 5), Monroe and Jean Dodd (Well No. 6), Barton Dwight (Well No. 7), Glenn Sliva (Well No. 11), Gary Young (Well No.

12), Randy Schumacher (Well No. 13); please direct all correspondence to Applicants’ attorney: Mary Elizabeth Geiger, Esq.

GARFIELD & HECHT, P.C., 901 Grand Ave., Suite 201, Glenwood Springs, CO 81601, (970) 947-1936,

[email protected]. Applicants request that the following water rights be made absolute: Name of Structure: Ruedi

Southshore Well No. 6; Information from original decree: Case No. 82CW357, entered on July 26, 1983 by District Court in and for

Water Division No. 5; Subsequent findings of reasonable diligence: Case Nos. 93CW143, 99CW229, 10CW123, District Court in and

for Water Division No. 5. Location: Situated in the NW ¼ SE ¼ of Section 15, Township 8 South, Range 84 West of the Sixth

Principal Meridian, Pitkin County, Colorado; said well location is more fully described as follows: Commencing at the witness

Corner to the West Quarter Corner of Section 14, said Township and Range, a Forest Service aluminum cap in place (whence the True

West Quarter Corner of said Section 14 bears S. 01°14’00” E. 14.52 feet); thence S 84°09’56” W. 1851.83 feet to the true loca tion of

the well, being also described as 1845 feet from the East Section line and 2395 feet from the South Section line of said Section 15.

Appropriation Date: October 14, 1982. Date applied to beneficial use: January 31, 2014, by the installation of a pump and

connection to the home of a well completed on Lot 6 of the Ruedi Southshore Subdivision pursuant to Well Permit No. 77382-F.

Amount: 15 g.p.m., all applied to beneficial use. Uses: domestic and irrigation. Depth of well: 303 feet. Owner of land upon which

well is located: Monroe and Jean Dodd, 6726 Cottonwood Drive, Shawnee, KS 66216. Name of Structure: Ruedi Southshore Well

No. 13. Information from original decree: Case No. 82CW357, entered on July 26, 1983 by District Court in and for Water Division

No. 5. Subsequent findings of reasonable diligence: Case Nos. 93CW142, 99CW229, 10CW123, District Court in and for Water

Division No. 5. Location: In the NE ¼ SW ¼ of Section 14, Township 8 South, Range 84 West of the Sixth Principal Meridian,

Pitkin County, Colorado; said well location is more fully described as follows: Commencing at the witness Corner to the West Quarter

Corner of Section 14, said Township and Range, a Forest Service aluminum cap in place (whence the True West Quarter Corner of

said Section 14 bears S. 01°14’00” E. 14.52 feet); thence S 69°14’54” E. 2267.44 feet to the true location of the proposed we ll, being

also described as 2117 feet from the West Section line and 1901 feet from the South Section line of said Section 14. Appropriation

Date: October 14, 1982. Date applied to beneficial use: December 2, 2014, by the installation of a pump and connection to the home

of a well completed on Lot 13 of the Ruedi Southshore Subdivision pursuant to Well Permit No. 79097-F. Amount: 15 g.p.m., all

applied to beneficial use for domestic and irrigation. Uses: domestic, irrigation and livestock watering. Depth of well: 625 feet.

Owner of land upon which well is located: Randy Schumacher, 5680 Hackney Ct., Parker, CO 80134. Applicants seek findings of

reasonable diligence with regard to the following conditional water rights: Names of Structures: Ruedi South Shore Well Nos. 2, 3, 4,

5, 6, 7, 8, 11, 12, 13, 14 and 15. Date of original decree: July 26, 1983, Case No.: 82CW357, District Court, Water Division No. 5.


AUGUST 2017 RESUME


Subsequent decrees: Findings of reasonable diligence have issued as required for the subject conditional water rights, most recently in

Case Nos. 93CW142 (Well Nos. 2, 3, 4, 5, 8, 11, 12, 13, 14, and 15), 93CW143 (Well No. 6) and 93CW144 (Well No. 7) and Case

No. 99CW229 (Wells 2, 3, 4, 5, 6, 7, 8, 11, 12, 13, 14, and 15). Locations: Well No. 2: A proposed well location situated in the NE ¼

SW ¼ of Section 15, Township 8 South, Range 84 West of the Sixth Principal Meridian, Pitkin County, Colorado; said well location

is more fully described as follows: Commencing at the witness Corner to the West Quarter Corner of Section 14, said Township and

Range, a Forest Service aluminum cap in place (whence the True West Quarter Corner of said Section 14 bears S. 01°14’00” E. 14.52

feet); thence S 88°10’48” W. 3358.35 feet to the true location of the proposed well, also described as being 1779 feet from the West

Section line and 2386 feet from the South Section line of said Section 15. Well No. 3: A proposed well location situated in the NE ¼




feet); thence S 84°02’37” W. 2866.01 feet to the true location of the proposed well, being also described as 2290 feet from the West

Section line and 2217 feet from the South Section line of said Section 15. Well No. 4: A proposed well location situated in the NE ¼




feet); thence S 83°58’07” W. 2755.41 feet to the true location of the proposed well, being also described as 2400 feet from the West

Section line and 2230 feet from the South Section line of said Section 15. Well No. 5: A proposed well location situated in the NW ¼

SE ¼ of Section 15, Township 8 South, Range 84 West of the Sixth Principal Meridian, Pitkin County, Colorado; said well location is

more fully described as follows: Commencing at the witness Corner to the West Quarter Corner of Section 14, said Township and


feet); thence S 82°48’08” W. 2141.14 feet to the true location of the proposed well, being also described as 2123 feet from the East

Section line and 2277 feet from the South Section line of said Section 15. Well No. 6: A well situated in the NW ¼ SE ¼ of Section

15, Township 8 South, Range 84 West of the Sixth Principal Meridian, Pitkin County, Colorado; said well location is more fully

described as follows: Commencing at the witness Corner to the West Quarter Corner of Section 14, said Township and Range, a

Forest Service aluminum cap in place (whence the True West Quarter Corner of said Section 14 bears S. 01°14’00” E. 14.52 feet);

thence S 84°09’56” W. 1851.83 feet to the true location of the proposed well, being also described as 1841 feet from the East Section

line and 2369 feet from the South Section line of said Section 15. Well No. 7: A well situated in the NW ¼ SE ¼ of Section 15,

Township 8 South, Range 84 West of the Sixth Principal Meridian, Pitkin County, Colorado; said well location is more fully described

as follows: Commencing at the witness Corner to the West Quarter Corner of Section 14, said Township and Range, a Forest Service

aluminum cap in place (whence the True West Quarter Corner of said Section 14 bears S. 01°14’00” E. 14.52 feet); thence S

71°57’41” W. 1800.50 feet to the true location of the proposed well, being also described as 1714 feet from the East Section line and

2006 feet from the South Section line of said Section 15. Well No. 8: A proposed well location situated in the NW ¼ SE ¼ of Section

15, Township 8 South, Range 84 West of the Sixth Principal Meridian, Pitkin County, Colorado; said well location is more fully

described as follows: Commencing at the witness Corner to the West Quarter Corner of Section 14, said Township and Range, a


thence S 69°07’32” W. 1564.70 feet to the true location of the proposed well, being also described as 1460 feet from the East Section

line and 2017 feet from the South Section line of said Section 15. Well No. 11: A well situated in the NW ¼ SW ¼ of Section 14,




33°05’29” E. 285.74 feet to the true location of the proposed well, being also described as 155 feet from the West Section line and

2404 feet from the South Section line of said Section 14. Well No. 12: A proposed well location situated in the NW ¼ SW ¼ of

Section 14, Township 8 South, Range 84 West of the Sixth Principal Meridian, Pitkin County, Colorado; said well location is more

fully described as follows: Commencing at the witness Corner to the West Quarter Corner of Section 14, said Township and Range, a


thence S 35°26’46” E. 844.24 feet to the true location of the proposed well, being also described as 486 feet from the West Section

line and 1953 feet from the South Section line of said Section 14. Well No. 13: A well situated in the NE ¼ SW ¼ of Section 14,




69°14’54” E. 2267.44 feet to the true location of the proposed well, being also described as 2117 feet from the West Section line and

1901 feet from the South Section line of said Section 14. Well No. 14: A proposed well location situated in the NE ¼ SW ¼ of

Section 14, Township 8 South, Range 84 West of the Sixth Principal Meridian, Pitkin County, Colorado; said well location is more



AUGUST 2017 RESUME



line and 1521 feet from the South Section line of said Section 14. Well No. 15: A proposed well location situated in the SE ¼ SW ¼

of Section 14, Township 8 South, Range 84 West of the Sixth Principal Meridian, Pitkin County, Colorado; said well location is more




line and 1057 feet from the South Section line of said Section 14. Source: All wells are tributary to the Frying Pan River, tributary to

the Roaring Fork River, tributary to the Colorado River. Appropriation date: October 14, 1982 (all wells). Amounts: 15 g.p.m. for

Well Nos. 2, 3, 4, 5, 6, 7, 8, 11, 12, 13, and 14; 30 g.p.m. for Well No. 15. Uses: Well Nos. 2-8 and 11-14: domestic, irrigation and

livestock watering purposes. Well No. 7 was previously made absolute for domestic and irrigation purposes, but requests findings of

reasonable diligence for livestock watering. Well No. 11 was previously made absolute for domestic and irrigation purposes, but

requests findings of reasonable diligence for livestock watering. Well Nos. 6 and 13 are herein requesting to be made absolute for

domestic and irrigation purposes, and for findings of reasonable diligence for livestock watering. Well No. 15: domestic, irrigation,

commercial, recreational, and livestock watering. Depth: The depth of each well is anticipated to be approximately 200 feet. Owners

of land upon which structures are or will be located: See paragraph 1, above. The Application includes a detailed outline of work

performed during the diligence period toward the application of the subject water rights to beneficial use. (12 pages).






CO 81601.




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.

17CW3160 GRAND COUNTY 1. Name, address and phone number of applicant: United States of America, Department of

Interior, Bureau of Land Management, c/o Kristen C. Guerriero, #32663, Arthur R. Kleven, 36081, Special Assistant U.S. Attorneys,

Office of the Regional Solicitor, 755 Parfet Street, Suite 151, Lakewood, Colorado 80215. Phone: (303) 445-0641, (303) 445-0619.

[email protected], [email protected] 2.Name of structures: Hester’s Spring. 3. Legal description of point

of diversion: All UTM data are from Zone 13 and use the NAD 83 (CONUS) Datum. Located on public lands in the NW/4 NW/4,

Section 28, T1N R80W, Sixth P.M., approximately 938 feet from the north section line, and 821 feet from the west section line.

383103mE 4431523mE 4. Source: Unnamed tributary to Blue River/ Colorado River 5. A. Dates of appropriation: 9/20/2012 B.

How appropriation was initiated: Field trip to stake and design water development. C. Date water applied to beneficial use:

5/16/2013 6. Amount claimed: 0.0022 cfs, absolute 7. Use(s): Wildlife. Water from the spring is collected in a spring collection

box and piped to a trough in the NW ¼ NW ¼, Section 28, T1N R80W. The spring provides water for elk, deer, bear, coyotes,

mountain lions, small mammals, birds, amphibians and reptiles. Wildlife water demand has increased in this vicinity after installation

of a wildlife fencing project along Colorado Highway 9. 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, Kremmling

Field Office, P.O. Box 68, Kremmling, CO 80459. 9. Remarks: Under a right-of-way grant authorized by the BLM, a portion of the

spring’s flow is piped south to private lands owned by F&L Hester Holdings, LLC to provide water for domestic use. F&L Hester

Holdings, LLC plans to apply for a separate water right for the domestic use.






CO 81601.







AUGUST 2017 RESUME


17CW3161 MESA COUNTY, COLORADO. Colorado River. Applicant: Horse Mountain Ranch, LLC, by Bradley N. Switzer,

P.O. Box 816, Montrose, CO 81402. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. The Applicant seeks a

finding of reasonable diligence, for the following water rights: Name of Structures: A. Watson Creek Ditch; Location: A point in

Section 25, Township 11 South, Range 98 West, 6th

P.M., at a point 2,180 feet South of the North Section line and 621feet East of the

West Section line. Source: Watson Creek, tributary to the Colorado River. Quantity: 4.0 c.f.s. Type of Use: Irrigation and domestic.

Appropriation date: April 24, 1987. B. Watson Creek Ditch First Enlargement; Location: A point in Section 25, Township 11

South, Range 98 West, 6th

P.M., at a point 2,180 feet South of the North Section line and 621 feet East of the West Section line.

Source: Watson Creek, tributary to the Colorado River. Quantity: 4.0 c.f.s. Type of Use: Irrigation and filling and re-filling

reservoirs. Appropriation Date: April 24, 1987. C. Reservoir Spring Ditch First Enlargement; Location: A point in Section 29,

Township 11 South, Range 97 West, 6th P.M., at a point 690 feet South of the North Section line and 1,170 feet East of the West

Section line. Source: Cottonwood Creek, tributary to Rapid Creek, tributary to the Colorado River. Quantity: 5.0 c.f.s. Type of Use :

Irrigation, domestic and to fill and refill reservoirs. Appropriation Date: April 24, 1987. D. Obergfell Diversion; Location: A

point in Section 2, Township 1 South, Range 2 East, Ute P.M., at a point which is 2,004 feet South of the North Section line and 5,011

feet West of the East Section line. Source: Colorado River; Quantity: 16.0 c.f.s. Type of Use: Industrial, irrigation, domestic and

municipal uses. Appropriation Date: February 28, 1978. Detailed outline of what has been done toward completion or for

completion of the appropriation and Application of water to beneficial use as conditionally decreed: A detailed description of

what has been done toward completion of the appropriation and Application of water to its decreed beneficial uses is atached to the

Application which is on file with the Water Clerk for Water Division No. 4. Names and addresses of owners of land upon which

structures are located and upon which water will be placed to beneficial use: A complete list of of owners is on file with the water

clerk for Water Division No. 5, along with a map showing the locations of the water rights described.






CO 81601.






17CW3162 (10CW266, 04CW10, 97CW197, 90CW202) GRAND COUNTY – PORPHYRY CREEK, FRASER RIVER,

COLORADO RIVER. Arrowhead Winter Park Investors, LLC, c/o Kevin L, Patrick, Esq., Patrick, Miller & Noto, P.C., 229 Midland

Ave., Basalt, CO 81621 (970) 920-1030. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. Porphyry Creek Ditch

No. 1. Date of original decree: August 13, 1991. Case No. 90CW202, Division 5 Water Court. Legal: SE ¼ NW ¼ of Section 34,

Township 1 South, Range 75 West of the 6th

P.M. at a point 1800 feet East of the West line and 1990 feet South of the North line of

said Section 34. Map is on file with the court as Exhibit A. Source: Porphyry Creek, tributary to the Fraser River, tributary to the

Colorado River. Appropriation date: June 30, 1990. Amount: 1.5 c.f.s., conditional. Use: Municipal, irrigation and commercial. The

municipal use of this water right may only be used if the property is annexed into a municipality or special district. A detailed

description of the work done to complete appropriation, including expenditures, is on file with the court as Exhibit B. Applicant owns

the land on which the above water rights are used.






CO 81601.






17CW3163 (10CW235, 00CW174) PITKIN COUNTY – CASTLE CREEK, ROARING FORK RIVER, COLORADO RIVER.

Grand Gulch, LLC, c/o Kevin L, Patrick, Esq., Patrick, Miller & Noto, P.C., 229 Midland Ave., Basalt, CO 81621 (970) 920-1030.

AUGUST 2017 RESUME


APPLICATION FOR FINDING OF REASONABLE DILIGENCE. Beb Spring. Date of original decree: September 4, 2004. Case

No. 00CW174, Division 5 Water Court. Legal: SE ¼, SE ¼ of Section 36, Township 10 South, Range 85 West of the Sixth Principal

Meridian at a point North 40° West a distance of 1,040 feet from the Southeast Corner of said Section 36. Map is on file with the court

as Exhibit A. Source: Surface water tributary to Castle Creek, tributary to the Roaring Fork River, tributary of the Colorado River.

Appropriation date: September 19, 2000. Amount: 0.1 c.f.s., conditional. Use: Mining and industrial uses, included within the total 0.1

c.f.s. is 0.033 c.f.s. for domestic in-house use within a single-family dwelling unit. A detailed description of the work done to

complete appropriation, including expenditures, is on file with the court as Exhibit B. Applicant owns the land on which the above

water rights are used.






CO 81601.






17CW3164 EAGLE COUNTY, UTE CREEK, EAGLE RIVER AND COLORADO RIVER. CJC Properties Limited Partnership,

Attn. Constance Jouflas, 1111 Horizon Dr., #807, Grand Junction, CO 81506, (970) 243-1477; c/o Kirsten M. Kurath, Williams,

Turner & Holmes, PC, 744 Horizon Ct., #115, Grand Junction, CO, 81506, (970) 242-6262, [email protected]. Application

for Finding of Reasonable Diligence. Structures: CJC Springs No. 1 through 6 & CJC Ponds Nos. 1 & 2; Description of CJC Spring

No. 1: Original Decree: July 7, 1997, 1996CW326, Water Div. 5; Subsequent Diligence Decrees: October 15, 2004, 2003CW155, and

August 29, 2011, 2010CW253, Water Div. 5; Location: Beginning at the SE corner of Sec. 1, T. 4S, R. 83W of the 6th P.M.; thence

N21º52'11"E 91.92 feet. This point is located in an area where section lines have not been established, so it is not possible to state the

distances from section lines or the quarter section in which it is located. See Exhibit A-1 to the Application; Source: Spring tributary

to Ute Creek, tributary to the Eagle River, tributary to the Colorado River; App. Date: June 1, 1926, for the absolute portions of the

water right, September 21, 1996, for the conditional portions; Amount: 0.033 c.f.s., absolute for stockwatering uses and conditional for

all other uses; Uses: Original decreed uses were domestic, watering of lawns and gardens, stockwatering, recreation, firefighting,

wildlife, aesthetics, augmentation, replacement, and other beneficial uses. Uses of “other beneficial uses” were cancelled in

2003CW155. Water will be used on the lands shown on Exhibit B to the Application. Description of CJC Spring No. 2; Original

Decree: July 7, 1997, 1996CW326, Water Div. 5; Subsequent Diligence Decrees: October 15, 2004, 2003CW155, and August 29,

2011, 2010CW253, Water Div. 5; Location: Beginning at the SE corner of Sec. 1, T. 4S, R. 83W of the 6th P.M.; thence S00º05'23"W

1193.35 feet. This point is also described as follows: a point approximately 1190 feet S of the N section line and 5 feet W of the E

section line of Sec. 12, T. 4S, R. 83W of the 6th P.M., in the NE1/4 NE1/4 of said Sec. 12. See Exhibit A-1 to the Application;

Source: Spring tributary to Ute Creek, tributary to the Eagle River, tributary to the Colorado River; App. Date: June 1, 1926, for the

absolute portions of the water right, September 21, 1996, for the conditional portions; Amount: 0.033 c.f.s., absolute for stockwatering

uses and conditional for all other uses; Uses: Original decreed uses were domestic, watering of lawns and gardens, stockwatering,

recreation, firefighting, wildlife, piscatorial, aesthetics, augmentation, replacement, and other beneficial uses. Uses of “other beneficial

uses” were cancelled in 2003CW155. Water from CJC Spring No. 2 may be used directly for any of the purposes described above,

and/or it may be stored in CJC Pond No. 2, described below, for subsequent release and use for any of such purposes. Water will be

used on the lands shown on Exhibit B to the Application; Description of CJC Spring No. 3; Original Decree: July 7, 1997,

1996CW326, Water Div. 5; Subsequent Diligence Decrees: October 15, 2004, 2003CW155, and August 29, 2011, 2010CW253,

Water Div. 5; Location: Beginning at Corner 8 of Tract 47 of Sec. 12, T. 4S, R. 83W of the 6th P.M.; thence N31º17'58"W 1167.33

feet. This point is also described as follows: a point approximately 1125 feet S of the N section line and 3100 feet W of the E section

line of said Sec. 12, in the NW1/4 NE1/4 of said Sec. 12. See Exhibit A-1 to the Application; Source: Spring tributary to Ute Creek,

tributary to the Eagle River, tributary to the Colorado River; App. Date: June 1, 1926, for the absolute portions of the water right,

September 21, 1996, for the conditional portions; Amount: The amount of the water right is 0.033 c.f.s. It was originally decreed

absolute for stockwatering and domestic uses and conditional for all other uses. The water right was made absolute for commercial

purposes in the entire decreed amount of 0.033 c.f.s., with an appropriation date of September 21, 1996, in 2003CW155. It remains

conditional for watering of lawns and gardens, recreation, firefighting, industrial, wildlife, aesthetics, augmentation, and replacement

uses; Uses: Original decreed uses were domestic, watering of lawns and gardens, stockwatering, recreation, firefighting, commercial,

industrial, wildlife, aesthetics, augmentation, replacement, and other beneficial uses. Uses of “other beneficial uses” were cancelled in

2003CW155. Water will be used on the lands shown on Exhibit B to the Application. Description of CJC Spring No. 4; Original

AUGUST 2017 RESUME


Decree: July 7, 1997, 1996CW326, Water Div. 5; Subsequent Diligence Decrees: October 15, 2004, 2003CW155, and August 29,

2011, 2010CW253, Water Div. 5; Location: Beginning at the SE corner of Sec. 12, T. 4S, R. 83W of the 6th P.M.; thence

N88º12'18"W 1260.43 feet. This point is also described as follows: a point approximately 50 feet N of the S section line and 1250 feet

W of the E section line of said Sec. 12, in the SE1/4 SE1/4 of said Sec. 12. Exhibit A-2 to the Application; Source: Spring tributary to

Ute Creek, tributary to the Eagle River, tributary to the Colorado River; App. Date: June 1, 1926, for the absolute portions of the water

right, September 21, 1996, for the conditional portions; Amount: 0.033 c.f.s., absolute for stockwatering uses and conditional for all

other uses; Uses: Original decreed uses were domestic, watering of lawns and gardens, stockwatering, recreation, firefighting, wildlife,

piscatorial, aesthetics, augmentation, replacement, and other beneficial uses. Uses of “other beneficial uses” were cancelled in

2003CW155. Water from CJC Spring No. 4 may be used directly for any of the purposes described above, and/or it may be stored in

CJC Pond No. 1, described below, for subsequent release and use for any of such purposes. Water will be used on the lands shown on

Exhibit B to the Application. Description of CJC Spring No. 5; Original Decree: July 7, 1997, 1996CW326, Water Div. 5; Subsequent

Diligence Decrees: October 15, 2004, 2003CW155, and August 29, 2011, 2010CW253, Water Div. 5; Location: Beginning at the SE

corner of Sec. 12, T. 4S, R. 83W of the 6th P.M.; thence S72º40' 39"W 1603.23 feet. This point is also described as follows: a point

approximately 500 feet S of the N section line and 1500 feet W of the E section line of Sec. 13, T. 4S, R. 83W of the 6th P.M., in the

NE1/4 NE1/4 of said Sec. 13. See Exhibit A-2 to the Application; Source: Spring tributary to Ute Creek, tributary to the Eagle River,

tributary to the Colorado River; App. Date: June 1, 1926, for absolute portions of the water right, September 21, 1996, for conditional

portions; Amount: 0.033 c.f.s., absolute for stockwatering uses and conditional for all other uses; Uses: Original decreed uses were

domestic, watering of lawns and gardens, stockwatering, recreation, firefighting, wildlife, piscatorial, aesthetics, augmentation,

replacement, and other beneficial uses. Uses of “other beneficial uses” were cancelled in 2003CW155. Water from CJC Spring No . 5

may be used directly for any of the purposes described above, and/or it may be stored in CJC Pond No. 1, described below, for

subsequent release and use for any of such purposes. Water will be used on the lands shown on Exhibit B to the Application.

Description of CJC Spring No. 6; Original Decree: July 7, 1997, 1996CW326, Water Div. 5; Subsequent Diligence Decree: October

15, 2004, 2003CW155, and August 29, 2011, 2010CW253, Water Div. 5; Location: Beginning at the SE corner of Sec. 12, T. 4S, R.

83W of the 6th P.M.; thence S72º28'07" W 1109.57 feet. This point is also described as follows: a point approximately 330 feet S of

the N section line and 1050 feet W of the E section line of Sec. 13, T. 4S, R. 83W of the 6th P.M., in the NE1/4 NE1/4 of said Sec. 13.

See Exhibit A-2 to the Application; Source: Spring tributary to Ute Creek, tributary to the Eagle River, tributary to the Colorado

River; App. Date: June 1, 1926, for the absolute portions of the water right, September 21, 1996, for the conditional portions; Amount:

0.033 c.f.s., absolute for stockwatering uses and conditional for all other uses; Uses: Original decreed uses were domestic, watering of

lawns and gardens, stockwatering, recreation, firefighting, wildlife, piscatorial, aesthetics, augmentation, replacement, and other

beneficial uses. Uses of “other beneficial uses” were cancelled in 2003CW155. Water from CJC Spring No. 6 may be used directly for

any of the purposes described above, and/or it may be stored in CJC Pond No. 1, described below, for subsequent release and use for

any of such purposes. Water will be used on the lands shown on Exhibit B to the Application. Description of CJC Pond No. 1;

Original Decree: July 7, 1997, 1996CW326, Water Div. 5; Subsequent Diligence Decrees: October 15, 2004, 2003CW155, and

August 29, 2011, 2010CW253, Water Div. 5; Location: Located approximately 1,600 feet W of the E Line and 400 feet S of the N

Line of Sec. 13, T. 4 S, R. 83W of the 6th P.M., in the NE1/4 NE1/4 of said Sec. 13. See Exhibit A-2 to the Application; Source: CJC

Pond No. 1 will be filled by CJC Springs Nos. 4, 5, and 6, described above. In addition, springs and natural runoff occurring above the

pond will flow into and be a source for the pond. The sources for CJC Pond No. 1 are tributary to Ute Creek, tributary to the Eagle

River, tributary to the Colorado River; App. Date: June 1, 1926, for the absolute portions of the water right, September 21, 1996, for

the conditional portions; Amount: 1.0 acre feet, together with the right to fill and refill the pond when water is available in priority.

Such amount is absolute for stockwatering uses and conditional for all other uses; Uses: Original decreed uses were domestic,

watering of lawns and gardens, stockwatering, recreation, piscatorial, firefighting, wildlife, aesthetics, augmentation, replacement, and

other beneficial uses. Uses of “other beneficial uses” were cancelled in 2003CW155. Water will be used on the lands shown on

Exhibit B to the Application. Description of CJC Pond No. 2; Original Decree: July 7, 1997, 1996CW326, Water Div. 5; Subsequent

Diligence Decrees: October 15, 2004, 2003CW155, and August 29, 2011, 2010CW253, Water Div. 5; Location: Located

approximately 100 feet W of the E Line and 1,000 feet S of the N Line of Sec. 12, T. 4 S, R. 83W of the 6th P.M., in the NE1/4 NE1/4

of said Sec. 12. Exhibit A-1 to the Application; Source: CJC Pond No. 2 will be filled by CJC Spring No. 2, described above. In

addition, springs and natural runoff occurring above the pond will flow into and be a source for the pond. The sources for CJC Pond

No. 2 are tributary to Ute Creek, tributary to the Eagle River, tributary to the Colorado River; App. Date: June 1, 1926, for the

absolute portions of the water right, September 21, 1996, for the conditional portions; Amount: 6.0 acre feet, together with the right to

fill and refill the pond when water is available in priority. Such amount is absolute for stockwatering uses and conditional for all other

uses; Uses: Original decreed uses were domestic, watering of lawns and gardens, stockwatering, recreation, piscatorial, firefighting,

commercial, industrial, wildlife, aesthetics, augmentation, replacement, and other beneficial uses. Uses of “other beneficial uses” were

cancelled in 2003CW155. Water will be used on the lands shown on Exhibit B to 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:

Applicant. The Application contains a detailed outline of what has been done during this diligence period toward the completion of

AUGUST 2017 RESUME


appropriation and application of the water to beneficial use. Applicant requests that the Court enter an order finding that the Applicant

has been reasonably diligent in the development of the conditional water rights described herein and continuing the conditional water

rights in full force and effect. (15 pages)






CO 81601.






17CW3165 (10CW149, 95CW122) APPLICATION FOR FINDINGS OF REASONABLE DILIGENCE AND TO MAKE

CONDITIONAL WATER RIGHT PARTIALLY ABSOLUTE. In SUMMIT and GRAND COUNTIES. Applicant: Board of

County Commissioners of Summit County (“Summit County”), c/o Scott Vargo, County Manager, Post Office Box 68, Breckenridge,

Colorado 80424. Copies of all pleadings to: Charles B. White, Thomas W. Korver, Petros & White, LLC, 1999 Broadway, Suite

3200, Denver, CO 80202, Phone: (303) 825-1980. Claim for Findings of Reasonable Diligence. Name of water right: Summit

County Augmentation Plan Exchanges. Description of conditional rights of exchange: The conditional rights of exchange

(“Exchanges”) were decreed as part of Summit County’s Augmentation Plan (the “Augmentation Plan”), by the Water Court in Case

No. 95CW122, Water Division No. 5. The Augmentation Plan allows, inter alia, out-of-priority depletions to be replaced with water

by exchange from downstream sources. A. Date of original decree: The original decree for the Augmentation Plan was issued on

May 10, 2004 in Case No. 95CW122, District Court, Water Division No. 5. B. Subsequent diligence decree: August 3, 2011 in Case

No. 10CW149, Water Division No. 5. C. Legal description: Upstream Termini: The facilities and sources to be augmented by

operation of the Exchanges are as follows: i. Upper Blue River Diversion and Storage, consisting of a series of surface diversions,

storage facilities, groundwater wells or infiltration galleries which divert water from the following segments of the Blue River and its

tributaries, and groundwater tributary thereto: a. Blue River from the confluence of Monte Cristo and Bemrose Creeks at Lat.

39º23'13" North, Long. 106º03'08" West downstream to the confluence with Dillon Reservoir in the SE1/4 of Section 31, T. 5 S., R.

77 W., 6th P.M. b. Spruce Creek from the headwaters at a natural lake at Lat. 39º53'53" North, Long. 106º24'53" West downstream

to the confluence with the Blue River at Lat. 39º26'32" North, Long. 106º02'13" West. c. Blue River from its headwaters in the

vicinity of Lat. 39º21'30" North, Long. 106º03'30" West downstream to its confluence with Monte Cristo Creek at Lat. 39º23'13"

North, Long. 106º03'08" West. d. Monte Cristo Creek from its headwaters in the vicinity of Lat. 39º23'00" North, Long. 106º08'00"

West downstream to its confluence with the Blue River at Lat. 39º23'13" North, Long. 106º03'08" West. ii. Swan River Diversion

and Storage, consisting of a series of surface diversions, storage facilities, groundwater wells or infiltration galleries which divert

water from the following segments of the Swan River and its tributaries, and groundwater tributary thereto: a. South Fork Swan

River from the headwaters in the vicinity of Lat. 39º27'35" North, Long. 105º54'51" West downstream to the confluence with the

Middle Fork Swan River at Lat. 39º29'48" North, Long. 105º56'42" West. b. Middle Fork Swan River from the headwaters in the

NW1/4NW1/4 of Section 23, T. 6 S., R. 76 W., 6th P.M., downstream to the confluence with the North Fork Swan River at Lat.

39º30'46" North, Long. 105º56'48" West. c. North Fork Swan River from the headwaters in the vicinity of Lat. 39º33'00" North,

Long. 105º53'32" West downstream to the confluence with the Middle Fork Swan River at Lat. 39º30'46" North, Long. 105º56'48"

West. d. Swan River from the confluence with Middle and North Forks Swan River at Lat. 39º30'46" North, Long 105º56'48" West

downstream to the confluence with the Blue River at Lat. 39º32'17" North, Long. 106º02'15" West. iii. Snake River Diversion and

Storage, consisting of a series of surface diversions, storage facilities, groundwater wells or infiltration galleries which divert water

from the following segments of the Snake River and its tributaries, and groundwater tributary thereto: a. Deer Creek from the

headwaters in the vicinity of Lat. 39º31'21" North, Long. 105º52'16" West downstream to the confluence with the Snake River at Lat.

39º33'49" North, Long. 105º51'37" West. b. Snake River from the confluence with Deer Creek at Lat. 39º32'49" North, Long.

105º51'37" West downstream to the confluence with Dillon Reservoir in the SE1/4NE1/4 of Section 21, T. 5 S., R. 77 W., 6th P.M. c.

North Fork Snake River from the confluence of an unnamed tributary of Lat. 39º38'25" North, Long. 105º52'52" West downstream to

the confluence with the Snake River at Lat. 39º36'18" West. d. Keystone Gulch from the headwaters in the vicinity of Lat. 39º32'51"

North, Long. 105º54'26" West downstream to the confluence with the Snake River in the SE1/4NW1/4, Section 23, T. 5 S., R. 77 W.,

6th P.M. e. Snake River from its headwaters in the vicinity of Lat. 39º32'00" North, Long. 105º50'30" West downstream to its

confluence with Deer Creek at Lat. 39º33'49" North, Long. 105º51'37" West. f. Peru Creek from its headwaters in the vicinity of Lat.

39º37'30" North, Long. 105º47'15" West downstream to its confluence with the Snake River at Lat. 39º35'30" North, Long.

105º52'30" West. iv. Ten Mile Creek Diversion and Storage, consisting of a series of surface diversions, storage facilities,

AUGUST 2017 RESUME


groundwater wells or infiltration galleries which divert water from the following segments of the Snake River [this is a clerical error;

it should read Ten Mile Creek] and its tributaries, and groundwater tributary thereto: a. North Ten Mile Creek from the headwaters in

the vicinity of Lat. 39º35'53" North, Long. 106º11'42" West downstream to the confluence with Ten Mile Creek at Lat. 39º34'28"

North, Long. 106º06'35" West. b. West Ten Mile Creek from the headwaters in the vicinity of Lat. 39º30'01" North, Long.

106º09'53" West downstream to the confluence with Ten Mile Creek at Lat. 39º30'34" North, Long. 106º08'32" West. c. Ten Mile

Creek from the headwaters in the vicinity of Lat. 39º30'34" North, Long. 106º08'32" West downstream to the confluence with Dillon

Reservoir in the NE1/4NW1/4 Section 35, T. 5 S., R. 77 W., 6th P.M. v. Lower Blue River Diversion and Storage, consisting of a

series of surface diversions, storage facilities, groundwater wells or infiltration galleries which divert water from the Lower Blue River

and its tributaries, and groundwater tributary thereto, from the outlet of Dillon Reservoir in the SE1/4NE1/4 of Section 13, T. 5 S., R.

78 W., 6th P.M., to the inlet of Green Mountain Reservoir in the SE1/4NW1/4 of Section 34, T. 2 S., R. 79 W., 6th P.M. vi. Miners

Creek diversion and storage, consisting of a series of surface diversions, storage facilities, ground water wells or infiltration galleries

which divert water from Miners Creek and its tributaries from its headwaters in the vicinity of Lat. 39º31'30" North, Long. 106º07'00"

West downstream to the confluence with Dillon Reservoir at Lat. 39º34'30" North, Long. 106º05'00" West. The following structures

are explicitly included without limitation within the segment: a. Blumenheim (a/k/a/ Blumenhein) Well No. 1. The well is decreed at

a location in the SE1/4SW1/4 of Section 35, T. 5 S., R. 78 W. of the 6th P.M. at a point 2,000 feet East of the West line and 1,000 feet

North of the South line of said Section 35. The well was decreed for 0.5 c.f.s. conditional to be used for domestic, mechanical,

municipal, industrial and irrigation purposes, with an appropriation date of June 26, 1972 (Case No. W-1204). In Case No. 07W211,

Water Division No. 5, wells located within the Bill’s Ranch subdivisions described in the plat(s) recorded in the real proper ty records

of Summit County, Colorado that are listed in Exhibit A, attached to the application and available for inspection at the office of the

Division 5 Water Court or via Colorado E-Filing (the “Bill’s Ranch Well Field”), were decreed as alternate points of diversion for the

Blumenhein Well No. 1. Accordingly, the Exchanges may be operated to the points of diversion of the wells located in the Bil l’s

Ranch Well Field. b. Blumenhein (a/k/a/ Blumenhein) Well No. 2. The well is decreed at a location in the NW1/4SE1/4 of Section

35, T. 5 S., R. 78 W. of the 6th P.M., at a point 3,000 feet East of the West line and 1,500 feet North of the South line of said Section

35. The well was decreed for 0.5 c.f.s. conditional to be used for domestic, mechanical, municipal, industrial and irrigation purposes,

with an appropriation date of June 26, 1972 (Case No. W-1204). In Case No. 07W211, Water Division No. 5, wells located in the

Bill’s Ranch Well Field were decreed as alternate points of diversion for the Blumenhein Well No 2. Accordingly, the Exchanges

may be operated to the points of diversion of the wells located in the Bill’s Ranch Well Field. c. County Well No. 1. The well is

located in the NE1/4SE1/4 of Section 35, T. 5 S., R. 78 W. of the 6th P.M., at a point 1,470 feet from the South line and 500 feet from

the East line of said Section 35. This well is claimed for 15 g.p.m. with an appropriation date of October 3, 1973, which is the date

this well was drilled. d. County Well No. 2. The well is located in the NE1/4SE1/4 of Section 35, T. 5 S., R. 78 W. of the 6th P.M.,

at a point 1,470 feet from the South line and 500 feet from the East line of said section 35. This well is claimed for 15 g.p.m. with an

appropriation date of October 3, 1973, which is the date this well was drilled. vii. Supplemental wells: In the event that any

supplemental or replacement wells are required or desired for any of the wells described in this paragraph, such supplemental or

replacement wells shall be automatically incorporated into this Augmentation Plan and shall be subject to all the terms and conditions

set forth herein. D. Sources of Replacement Water: Under the Augmentation Plan, Summit County replaces out-of-priority depletions

to the stream with water available to it from the water rights listed below. Summit County may also use for augmentation purposes

any other water rights that it later acquires in the listed structures, without further Water Court approval, provided such water can be

fully consumed, is decreed for augmentation and replacement use, and is deliverable at suitable replacement points as set forth herein.

Summit County may include additional augmentation sources in the Augmentation Plan only with further Water Court approval of an

amendment to the Augmentation Plan decree. i. Clinton Gulch Reservoir. Initially decreed by the District Court in and for Water

Division No. 5 in Case No. W-2559 for 4,250 acre feet for industrial, domestic, irrigation, recreation, and fish and wildlife

propagation uses, as made absolute by decree in Case No. 79CW49, Water Division No. 5, and subsequently decreed in Case No.

92CW65 for an enlarged use and second filling for domestic, municipal, irrigation, industrial, snowmaking, recreation, fish and

wildlife propagation, and augmentation purposes, both on the Western and Eastern slopes of Colorado, as made absolute by decree in

Case No. 98CW57, Water Division No. 5. In Case No. 06CW252, Water Division No. 5, an absolute water right was decreed for the

Clinton Gulch Reservoir 1st Enlargement and Refill Right in the amount of 210 acre-feet, absolute, together with the right to refill this

amount when water is available in priority, for domestic, municipal, irrigation, industrial, snowmaking, recreation, fish and wildlife

propagation, and augmentation purposes, both on the eastern and western slopes of Colorado. The Clinton Gulch Reservoir is operated

pursuant to and entitled to the benefits of the Clinton Reservoir-Fraser River Water Agreement dated July 21, 1992 (the “Clinton

Agreement”) between Summit County, the City and County of Denver, acting by and through its Board of Water Commissioners

(“Denver”), and other parties, as amended, and the Colorado River Cooperative Agreement dated September 26, 2013 among Summit

County, Denver, and other parties (the “CRCA”). The source of Clinton Gulch Reservoir is Clinton Creek, tributary to Ten Mile

Creek, a tributary of the Blue River, and the dam is located at a point in the SW1/4 NW1/4 of Section 25, T. 7 S., R. 79 W., 6th P.M.,

at a point whence the North quarter corner of said Section 25 bears N. 33º51'50" E. 2840.44 feet. As the owner of 1,550 shares of

Class A stock in the Clinton Ditch & Reservoir Company, Summit County is entitled to the annual release of 155 acre feet of water

from Clinton Gulch Reservoir. As the owner of 345 shares of Class B stock in the Clinton Ditch & Reservoir Company, Summit

AUGUST 2017 RESUME


County is entitled to the annual release of 34.5 acre feet of water from Clinton Gulch Reservoir. ii. Windy Gap Project. 51.705 acre

feet out of the 3000 acre feet of water per year produced from the Windy Gap Project and stored in Granby Reservoir pursuant to

Paragraph 17 of the April 30, 1980 agreement between the Municipal Subdistrict of the Northern Colorado Water Conservancy

District and, among other parties, the Middle Park Water Conservancy District (“Middle Park”), as assigned in part by water allotment

contract dated April 24, 1984 and quitclaim deed dated April 1, 1986, between Middle Park and Summit County. The Windy Gap

Project diverts at a point on the North bank of the Colorado River whence the NW corner of Section 25, T. 2 N., R. 77 W., 6th P.M.,

bears North 17º30' West a distance of 2380 feet. Granby Reservoir is located on the Colorado River upstream of its confluence with

the Fraser River, in all or parts of Sections 25, 26, 27, 34, 35 and 36, T. 3 N., R. 76 W.; Sections 29, 30 and 32, T. 3 N., R. 75 W.;

Sections 1, 2, 3, 10, 11, 12, 13 and 15, T. 2 N., R. 76 W.; and Sections 5, 6, 7, 8, 9, 14, 15, 16, 17, 18, 21, 22 and 23, T . 2 N., R. 75

W., 6th P.M., Grand County, Colorado. iii. Wolford Mountain Reservoir. Up to 330 acre feet out of the 3,000 acre feet of water per

year in Wolford Mountain Reservoir, a/k/a Gunsight Pass Reservoir, a/k/a Muddy Creek Reservoir, in which Middle Park has an

interest by virtue of an agreement dated December 17, 1992 between the Colorado River Conservation District, the Board of County

Commissioners of Grant County, and Middle Park. Wolford Mountain Reservoir was decreed in Case No. 87CW283, District Court

in and for Water Division No. 5, in the amount of 59,993 acre feet. The dam is located in the SW1/4 NE1/4 of Section 25, T.2N.,

R.81W. of the 6th

P.M., Grand County, Colorado. The source of Wolford Mountain Reservoir is Muddy Creek and its tributaries, all

tributary to the Colorado River. Middle Park has agreed that Summit County may use up to 30 acre feet of Wolford Mountain

Reservoir water under a Windy Gap standby contract to supplement the yield of the Windy Gap water allocated to Summit County.

Middle Park has also agreed that Summit County may use an additional 300 acre feet of Wolford Mountain Reservoir water for

augmentation purposes under this plan and for replacement water to Denver. iv. Dillon Reservoir. Decreed by the District Court of

Summit County, Water District No. 36, in Civil Action Nos. 1805 and 1806, dated March 10, 1952, and confirmed by the United

States District Court for the District of Colorado in Consolidated Case Nos. 2782, 5016 and 5017, dated October 12, 1955, in the

amount of 252,678 acre feet for irrigation and municipal uses, including domestic use, mechanical use, manufacturing use, fire

protection, street sprinkling, watering of parks, lawns and grounds. The sources of Dillon Reservoir are the Blue River, the Snake

River, and Ten Mile Creek, all tributaries of the Colorado River. A refill right for the Dillon Reservoir was adjudicated in Case No.

87CW376, District Court in and for Water Division No. 5, dated February 13, 1997, in the amount of 175,000 acre feet for all

municipal uses, including domestic use, mechanical use, manufacturing use, fire protection, street sprinkling, watering of parks, lawns

and grounds, and flood control. Pursuant to Paragraph 6(b) of the agreement dated September 18, 1985 between Summit County and

Denver, as amended by letter agreement dated November 13, 1986 (the “Summit County Agreement”), recorded at Reception No.

357033 of the Summit County real property records, Denver has agreed to release to the Blue River from Dillon Reservoir

augmentation water to satisfy calls placed by downstream water users with priorities senior to Summit County or its designees.

Summit County has retained 35.31 acre feet of said Dillon Reservoir storage water. In addition, pursuant to the Clinton Agreement

and to the Future Dillon/6(B) Agreement dated December 3, 2003 between Summit County and Denver (the “Future Dillon

Agreement”), Summit County has converted 98.14 acre feet of the water available to it under the Summit County Agreement to

“Future Dillon Water” as a source of year-round augmentation water. Summit County’s Dillon Reservoir water may be used under

this Augmentation Plan to directly replace depletions in the Blue River basin below Dillon Reservoir, or by “bookover” from Summit

County’s storage account to Denver, in order to replace depletions to Denver’s Dillon Reservoir and Roberts Tunnel water rights when

such rights are unsatisfied. Pursuant to the CRCA, Denver has agreed to provide an additional 190 acre-feet of water in Dillon

Reservoir for use by Summit County for municipal, domestic, irrigation, industrial, recreation, piscatorial, snowmaking, wastewater

treatment, augmentation, and exchange uses, including reuse and successive use to extinction. v. Green Mountain Reservoir.

Decreed by the United States District Court for the District of Colorado in Consolidated Case Nos. 2782, 5016 and 5017, dated

October 12, 1955, in the amount of 154,645 acre feet, with an appropriation date of August 1, 1935, for the purposes specified in

Senate Document No. 80, 75th

Congress, 1st Session under the heading Manner of Operation of Project Facilities and Auxiliary

Features. The sources of Green Mountain Reservoir are the Blue River and all tributaries of the Blue River upstream from the dam,

and Elliott Creek by means of its diversion canal, which waters are tributary to the Colorado River. On August 14, 2013, Summit

County executed Contract Number 139E6C0121 for 330 acre-feet of water annually out of Green Mountain Dam and Reservoir. vi.

Old Dillon Reservoir First Enlargement. Decreed by the District Court in and for Water Division No. 5 in Case No. 93CW288, dated

February 10, 1996, in the amount of 150 acre feet conditional, with an appropriation date of August 24, 1992, for municipal, domestic,

irrigation, industrial, snowmaking, augmentation, recreation and all other beneficial uses. The source of the Old Dillon Reservoir is

Salt Lick Gulch, a/k/a Salt Lick Creek, a tributary of the Blue River, a tributary of the Colorado River. Summit County owns an

undivided 65.36% interest in the Old Dillon Reservoir First Enlargement pursuant to the October 26, 2010 First Amended Operating

Agreement among Summit County and the Towns of Dillon and Silverthorne, as the members of the Old Dillon Reservoir Water

Authority. Summit County also owns all or a portion of additional water rights and conditional water rights in Old Dillon Reservoir as

decreed in Case Nos. 07CW223, 07CW226, 08CW201, 08CW202, and 12CW171, Water Division No. 5, the use of which for

augmentation and exchange under the Augmentation Plan decree is subject to the terms and conditions of those decrees. E. County

Purposes: County purposes described herein include without limitation the following: i. Blumenhein Wells No. 1 and 2 (collectively

referred to as “Blumenhein Wells”), as described above. The priorities of the Blumenhein Wells, which may be diverted by wells in

AUGUST 2017 RESUME


the Bill’s Ranch Well Field, are located in the Miners Creek drainage, are senior to the instream flow rights of the Colorado Water

Conservation Board in Miners Creek, adjudicated in Case No. 85CW649, Water Division No. 5; and therefore, the Blumenhein Wells

can be augmented without replacement to Miners Creek, subject to the terms and conditions of the decree in Case No. 07CW211,

Water Division No. 5. If the Blumenhein Well water rights are used for domestic and irrigation uses, their depletions shall be

calculated in accordance with the water use assumptions set forth in Paragraph 8(c) of the Augmentation Plan decree. Calculation of

depletions from other uses shall be made in accordance with usage assumptions decreed by this Court under the retained jurisdiction

provision by the Augmentation Plan decree. ii. County Wells No. 1 and 2 (collectively referred to as “County Wells”), as described

above. Depletions from the County Wells are to Dillon Reservoir rather than to Miners Creek; and therefore, the County Wells can

be augmented by Summit County without replacement to Miners Creek. Summit County plans to use such wells for lawn and

landscape irrigation at the County Commons, and the depletions resulting from such usage shall be calculated in accordance with the

irrigation use assumptions set forth in the Augmentation Plan decree. iii. Blue River Park. Located in portions of the NE1/4 NE1/4 of

Section 13, T. 5 S., R. 78 W. of the 6th

P.M., the NW1/4 NW1/4 of Section 18, T. 5 S., R. 78 W. of the 6th

P.M., the SW1/4 SW1/4 of

Section 7, T. 5 S., R. 77 W. of the 6th

P.M., and the SE1/4 SE1/4 of Section 12, T. 5 S., R. 78 W. of the 6th

P.M.. Depletions resulting

from irrigation of the Blue River Park will be to the Blue River below Dillon Reservoir and shall be calculated in accordance with the

irrigation use assumptions set forth in Paragraph 8(c) of the Augmentation Plan decree. F. Appropriation Date: September 18, 1985.

G. Amount: The Exchanges are limited to a total of 208.4 consumptive acre-feet per year, at a rate of up to 6 c.f.s. (2700 g.p.m.). H.

Accounting Year. The accounting year for administration of the water rights decreed herein shall be April 1 through March 31 of the

following year, unless modified by agreement of Summit County and the Division Engineer. I. Use: Water may be used by Summit

County for county purposes, as defined above, or by individual owners of wells or other diversion structures located within Summit

County that have applied for and received approval from Summit County for inclusion within the Augmentation Plan, for domestic,

municipal, commercial, irrigation and all other beneficial purposes from the facilities and sources described, provided that depletions

are replaced by operation of the Augmentation Plan. Evidence of Reasonable Diligence: The Summit County Augmentation Plan is

part of an integrated system for supplying the water demands of Summit County. Other elements of the integrated system include the

water sources described above and associated water rights and contract rights. The application contains a summary of specific projects

and work undertaken during the diligence period (from September 1, 2011 to August 31, 2017) in furtherance of the foregoing

exchanges and is available for inspection at the office of the Division 5 Water Court or via Colorado E-Filing. The list is not intended

to be all inclusive and may be supplemented by additional evidence at any hearing in this matter. Can and will. The conditional

Exchanges can and will be diverted, stored, or otherwise captured, possessed, and controlled, and will be beneficially used, with

diligence in a reasonable time. C.R.S. § 37-92-305(9)(b). Claim to Make Conditional Rights of Exchange Partially Absolute.

Exercise and beneficial use of conditional rights of exchange: A. Date, amount, and use of water applied to beneficial use: During

the most recent accounting year of April 1, 2016 to March 31, 2017, Summit County exercised the rights of exchange adjudicated in

the Augmentation Plan decree, as described above, in the amount of 6.421 acre-feet and at a maximum average monthly rate of 0.010

c.f.s. in October, 2016. B. The application shall include supporting evidence that applicant diverted water in-priority and applied such

water to the beneficial uses claimed in the amounts claimed. (For example, diversion records, call records, capacity tables, etc.)

Exhibit B, attached to the application and available for inspection at the office of the Division 5 Water Court or via Colorado E-Filing,

contains accounting records reflecting the exercise of the conditional rights of exchange. C. Description of place of use where water

is applied to beneficial use. Beneficial use of water in diverted by exchange, including without limitation irrigation use, has occurred

within Summit County, Colorado. The locations of the properties served by the 193 existing approved augmentation contracts,

including those on which water was beneficially used by exchange under the Augmentation Plan decree during the most recent

accounting year, are shown on Exhibit C, attached to the application and available for inspection at the office of the Division 5 Water

Court or via Colorado E-Filing. 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: A. Summit County. B. It is not possible to ascertain the names

and addresses of the other owners of land located in Summit County on which future structures that may be augmented by exchange

under the Augmentation Plan Decree will be located. The participation of such owners in the Augmentation Plan will be voluntary

and pursuant to agreement between each owner and Summit County. WHEREFORE, Summit County respectfully requests that this

Court enter Findings of Fact, Conclusions of Law, and a Judgment and Decree: (1) finding that Summit County has been reasonably

diligent in the development of the conditional rights of exchange decreed in Case No. 95CW122, as described in the preceding

paragraphs; (2) continuing said conditional rights of exchange in full force and effect; (3) making absolute said rights of exchange in

the amount of 6.421 acre-feet and .010 c.f.s., for all decreed purposes; and (4) granting such other relief as may be appropriate.






CO 81601.

AUGUST 2017 RESUME







17CW3166 (09CW42) EAGLE COUNTY, tributary to the Eagle River, tributary to the Colorado River. Application for Finding of

Reasonable Diligence and to Make Conditional Water Right Absolute. Applicants: Jonathon and Joanna Jacobson, 96 Beacon Street,

Boston, MA 02108, c/o Garfield & Hecht, P.C., 901 Grand Avenue, Suite 201, Glenwood Springs, CO 81601, (970)947-1936. Name

of structure: JJ Well No. 1. Information from Prior Decrees: Original decree: Entered on May 23, 2003 in Case No. 02CW216, District

Court, Water Division No. 5. Subsequent decree making the water right absolute in part and making a finding of reasonable diligence

was entered on August 29, 2011 in Case No. 09CW042. Location: NE1/4 NW1/4, Section 34, Township 4 South, Range 84 West, 6th

P.M., Eagle County, Colorado, 800 feet from the North Section Line and 1500 feet from the West Section line. Source: Groundwater

tributary to the Eagle River, tributary to the Colorado River. Appropriation date: August 16, 2001. Amount: 0.055 c.f.s. (25 g.p.m.);

0.8978 acre-foot per year. 21 g.p.m. and 0.718 acre-foot per year has been made absolute, and the remaining amount of this water

right is conditional. Decreed Uses: domestic, irrigation and stockwatering purposes. Absolute uses: domestic use for one house,

including a pool, domestic use inside a barn, irrigation, and stockwatering. Conditional use: domestic use for a guest house. Depth of

well: 50 feet. Remarks: JJ Well No. 1 operates pursuant to Well Permit No. 57534-F and the plan for augmentation decreed by this

Court in Case No. 02CW216. Appropriative Right of Exchange. Decree information: Original decree entered on May 23, 2003 in Case

No. 02CW216, District Court, Water Division No. 5. Decreed exchange reach: confluence of the Eagle River and Colorado River

(downstream terminus) to the point of diversion of the JJ Well No. 1, described above (upstream terminus). Appropriation date:

August 16, 2001. Amount: 0.440 acre-foot per year. Claim for finding of reasonable diligence: The application includes a detailed

description of what has been done for completion of the appropriations and application of water to beneficial use as conditionally

decreed, including expenditures. Claim to make absolute: Applicants requests the Court to determine and decree that the appropriative

right of exchange has been placed to beneficial use and should be made absolute as described below. To the extent that the Court does

not determine that the subject exchange has been made absolute, the Applicants request a decree finding reasonable diligence in the

development of the exchange and continuing it in full force and effect throughout the next diligence period. Date applied to beneficial

use: July 5, 2013. Releases were made from Wolford Mountain Reservoir to the Colorado River on the above date pursuant to the

Applicants’ contract with the Colorado River Water Conservation District. There was no active call on the Eagle River on that date

and, therefore, the exchange operated in priority. Amount: 21 g.p.m., 0.440 acre-foot per year. Uses: domestic use for one house,

including a pool, domestic use inside a barn, irrigation, and stockwatering. Name and address of owner or reputed owner 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: Applicants. Wherefore,

Applicants respectfully request the Court to determine, adjudge and decree as follows: Applicants have shown reasonable diligence in

the development of the remaining 0.196 acre-foot and 4 g.p.m. conditionally decreed to the JJ Well No. 1 for domestic use within a

guesthouse, and such conditional use and amounts of the JJ Well No. 1 shall be continued in full force and effect; The Appropriative

Right of Exchange has been placed to beneficial use and shall be made absolute in the amount of 21 g.p.m. and 0.440 acre-foot per

year for domestic use for one house, including a pool, domestic use inside a barn, irrigation, and stockwatering; The remainder of the

Appropriative Right of Exchange is continued as conditional in the additional amount of 4 g.p.m. for domestic use for a guest house;

and Such other and further relief as to which Applicants may be entitled.






CO 81601.






17CW3167(10CW233) (04CW22) (93CW291). 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 THE EAGLE RIVER AND ITS TRIBUTARIES, IN EAGLE COUNTY,

COLORADO. APPLICATION FOR A FINDING OF REASONABLE DILIGENCE. 1. Name and address of applicant: Upper

AUGUST 2017 RESUME


Eagle Regional Water Authority (“Authority”) c/o Manager, 846 Forest Road, Vail, CO 81657. Direct all pleadings to: Glenn E.

Porzak, Kristin H. Moseley, Porzak Browning & Bushong LLP, 2120 13th Street, Boulder, CO 80302. 2. Name of Structure: UERWA

Pipeline (aka UERWA Point A). 3. Description of Water Right: A. Original and subsequent decrees: The UERWA Pipeline (aka

UERWA Point A) was originally decreed by the District Court in and for Water Division No. 5 (the “Water Court”) in Case No.

93CW291, with an adjudication date of February 25, 1998. Subsequent findings of diligence, continuing the subject water right in full

force and effect, were made in Case Nos. 04CW22 and 10CW233. B. Location: 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 whence the NE corner of said Section 6 bears N. 14 30’ E. a distance of 1750 feet, which can

alternatively be described as being located a distance of 1710 feet from the north section line and 420 feet from the east section line of

said Section 6. A map indicating the location of the point of diversion for this water right is attached hereto as Exhibit A. C. Source:

Lake Creek, tributary to the Eagle River, tributary to the Colorado River. D. Amount: 11.6 cfs conditional. E. Appropriation date:

August 26, 1993. F. Uses: Municipal; domestic; fire protection; recreation; aesthetic; commercial; livestock watering; piscatorial;

mechanical; manufacturing; sewage treatment; street sprinkling; watering of parks, lawns, and grounds; generation of power; power

generally, and other beneficial uses. Use will be within the Authority’s service area, as such area may from time to time expand, such

expansion to be limited under this decree to an area within three miles of the boundaries of the Authority’s service area as it existed at

the time of the decree entered in Case No. 10CW233, as shown on the attached Exhibit A. 4. Detailed outline of work done to

complete appropriation and apply water right to beneficial use: The Authority seeks a finding of reasonable diligence with regard to

the subject water right. The Authority and its members operate an integrated water system in which work done on any component of

the system advances the whole. The Authority and its members have incurred expenditures of over $20,000,000 during the diligence

period to operate, protect, maintain, upgrade, and expand its water facilities. With respect to the Lake Creek water rights specifically,

the Authority has spent a total of $1,010,867 as follows: a. Groundwater and surface water modeling in support of preliminary well

field engineering, and to further characterize the aquifer, ground and surface water quality and to forecast operational conditions; b.

Initial site investigation, including construction and testing of seven monitoring wells; c. Construction and testing of a production

well; d. Aquifer testing of the production well during low and high flow Lake Creek conditions; e. Groundwater under the influence of

surface water (GWUDI) testing of the production well; f. Eagle County 1041 Permit planning; and g. In addition, the subject water

right, either directly or as an alternate point of diversion, has been the subject of numerous Water Court cases adjudicated by the

Authority during the diligence period, including Case Nos. 01CW15, 02CW403, 03CW78, 04CW236, 06CW248, 09CW192,

09CW160, 10CW182, 11CW142 and 12CW92. The Authority also has protected the subject water right by filing numerous

statements of opposition. The Authority has spent considerable time and money during the diligence period on legal and engineering

fees associated with all of the foregoing Water Court proceedings. All of the above activities are necessary prerequisites to applying

the subject conditional water right to the beneficial uses for which it was decreed. The Authority believes that it can and will complete

the appropriation of the subject water right within a reasonable time. 5. Name and address of the owner of the land on which the

subject water right is located: The land on which the subject structure is located is owned by Southfork Meadows Homeowners

Association, Inc., P.O. Box 978, Avon, CO 81620-0978. WHEREFORE, the Authority requests that the Court enter a finding that the

UERWA Pipeline (aka UERWA Point A) water right has been diligently maintained for municipal; domestic; fire protection;

recreation; aesthetic; commercial; livestock watering; piscatorial; mechanical; manufacturing; sewage treatment; street sprinkling;

watering of parks, lawns, and grounds; generation of power; power generally; and other beneficial uses, and that said water right be

continued in full force and effect. (5 pages + exhibit)






CO 81601.






17CW3168 (10CW202) (03CW249). DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO. Garfield County

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

EAGLE RIVER WATER & SANITATION DISTRICT, IN EAGLE COUNTY, COLORADO. APPLICATION FOR FINDING

OF REASONABLE DILIGENCE. 1. Name, address, and telephone number of Applicant: Eagle River Water & Sanitation District

(the “District”) c/o General Manager, 846 Forest Road, Vail, CO 81657. (970) 595-0138. Direct all pleadings to: Glenn E. Porzak,

Kristin H. Moseley, Porzak Browning & Bushong LLP, 2120 13th Street, Boulder, CO 80302. (303) 443-6800. 2. Overview: By this

Application, the District seeks a finding of reasonable diligence on the conditional Gore Creek Intake for the Booth Creek Treatment

AUGUST 2017 RESUME


Plant, First Enlargement water right. 3. Name of structure: Gore Creek Intake for the Booth Creek Treatment Plant, First

Enlargement. 4. Description of conditional water right: A. Date of Original Decree: Decree of the District Court in and for Water

Division No. 5 (the “Water Court”) in Case No. W-3730 dated October 30, 1978. Subsequent decrees confirming the exercise of

reasonable diligence were entered by the Court in Consolidated Case Nos. 82CW90, 82CW116, 82CW124 and 82CW324; Case No.

86CW274; Case No. 90CW218; Case No. 96CW265; Case No. 03CW249 and Case No. 10CW202. B. Decreed Location: i. Original

Decree: The originally decreed point of diversion is located on the right bank of Gore Creek in the SE1/4 SE1/4 of Sec. 3, T. 5 S., R.

80 W. of the 6th P.M. at a point whence the southeast corner of said Section 3 bears S. 21 he

Water Court, the Gore Creek Intake for Booth Creek Treatment Plant, First Enlargement may be alternately diverted at the original

decreed Gore Creek diversion point and at the following diversion points: Vail Valley Consolidated Water District Well No. R-7

(Case No. 86CW72); the Metcalf Headgate and Raw Water Booster Pump Headgate (Case No. 94CW14); Vail Mountain

Snowmaking Pipeline Nos. 1, 2 and 3 (Case No. 00CW48); and Donovan Park and Ford Park Diversions (Case No. 05CW104). iii.

Distance from Section Lines for original and alternate points of diversion (points depicted on the attached Exhibit A): Gore Creek

Intake for Booth Creek Treatment Plant: SE1/4SE1/4 of Section 3, T.5S., R.80W., 6th PM, 890 feet from south line and 350 feet from

east line. Well R7: SE1/4SE1/4 Section 3, T.5S., R.80W., 6th PM, 815 feet from south line and 575 feet from east line. Metcalf

Headgate: SE1/4SW1/4 Section 7, T.5S., R.81W. 6th PM, 800 feet from south line and 1700 feet from west line. Raw Water Booster

Pump Headgate: NW1/4NW1/4 Section 12, T.5S., R.82W., 6th PM, 1200 from north line 560 feet from west line. Vail Mountain

Snowmaking Pipeline No. 1: NW1/4NW1/4 Section 22, T.5S., R.81W., 6th PM, 890 feet from north line and 1245 feet from west line.

Vail Mountain Snowmaking Pipeline No. 2: NW1/4NW1/4 Section 22, T.5S., R.81W., 6th PM, 915 feet from north line and 1290 feet

from west line. Vail Mountain Snowmaking Pipeline No. 3: NW1/4NW1/4 Section 22, T.5S., R.81W., 6th PM, 860 feet from north

line and 1290 feet from west line. Donovan Park Diversion: NE1/4SW1/4 Section 12, T.5S., R.81W. of the 6th P.M., 2,150 feet from

south line and 1,300 feet from the west line. Ford Park Diversion: NE1/4 of Section 8, T.5S., R.80W. of the 6th P.M., 1,350 feet from

the north line and 1,200 feet from east line. C. Source: Gore Creek, tributary to the Eagle River. D. Appropriation Date: December

19, 1973. E. Amount: 1.51 cfs conditional. F. Uses: municipal purposes (including domestic, commercial, industrial, irrigation,

recreation, artificial snowmaking and fish and wildlife propagation). 5. Detailed outline of work done to complete the project and

apply water to beneficial use: During the diligence period, the District has engaged in numerous activities that demonstrate diligence

toward the application of the water right to the decreed beneficial uses. The subject water right is part of District’s integrated water

supply system, as found in Case No. 03CW249. A map depicting the District’s service area, which is the location of use of the subject

water rights, is attached as Exhibit B hereto. The District has incurred well over $1,900,000 in capital improvement expenditures to

upgrade and expand the District’s water supply facilities, and to develop water rights that will assist in providing a dependable legal

and physical supply of water for the District’s service area. All such expenditures are necessary steps in the development of the

District’s integrated water supply system and the subject water right. Some of the specific activities demonstrating the District’s

diligence include: a. Design, permitting and construction of Inline Booster Pump Station which allows for transmission of water

produced by Vail R7 (an alternate point of diversion for the subject water right) from the Booth Creek Storage Tank into the Core Vail

Zone; b. Replacement of variable frequency drive for the Inline Booster Pump Station which allows for transmission of water

produced by Vail R7 from the Booth Creek Storage Tank into the Core Vail Zone; c. Operations, maintenance and repair of the Raw

Water Booster Pump Station, Ford Park Raw Water System and Donovan Park Raw Water System; d. Investigation into rehabilitation

of Booth Creek Water Treatment Plant structure; e. Vail Wells groundwater testing to insure no surface water influence; f. Ongoing

monitoring and maintenance activities required for Black Lakes; g. Wetland mitigation permitting; and h. Groundwater rule

improvements for Vail Wells, which added disinfection to meet new regulations and fluoride general equipment. All of the above

activities are necessary prerequisites to applying the subject conditional water right to the beneficial uses for which it was decreed. 6.

Name and address of the owner of the land on which the subject water rights are located: The subject structure is located on land

owned by the Town of Vail, whose address as provided by Eagle County records is 75 S Frontage Road W., Vail, CO

81657.WHEREFORE, the District seeks a finding that it has exercised reasonable diligence with respect to the water rights identified

in paragraphs 3 and 4 above, and such other and further relief as this Court deems just and proper. (6 pages + exhibit)






CO 81601.






AUGUST 2017 RESUME


17CW3169 GARFIELD COUNTY, UNNAMED SPRINGS TRIBUTARY TO THE COLORADO RIVER. Application for

Surface Water Rights, Finding of Reasonable Diligence and to Make Absolute. Applicants: Richard G. Withrow and Abbi D.

Withrow, Sara M. Dunn, Esq., Erika S. Gibson, Esq., Balcomb & Green, P.C., Post Office Drawer 790, Glenwood Springs, CO 81602,

Telephone: 970-945-6546. First Claim for Surface Water Rights. Structure: Withrow Spring No. 5. Legal: NE1/4, SE1/4, Sec. 23,

T. 6 S., R. 94 W., 6th PM at a point 1900 ft. from the S. Sec. Line, and 1092 ft. from the E. Sec. Line. UTM: Zone 13; 254965.99

Easting, 4377134.93 Northing. Approp. Date: 7/16/15. Amnt.: 2 g.p.m., absolute. Use: Irrigation of 150 square feet immediately

adjacent to the spring, fire protection, wildlife and stock watering. Name of Structure: Withrow Spring Area No. 6. Legal: The

Withrow Spring Area No. 6 contains multiple springs located in the NE1/4, SE1/4, Sec. 23, T. 6 S., R. 94 W., 6th PM, at a point 2215

ft. from the S. Sec. Line, and 951 ft. from the E. Sec. Line. UTM: Zone 13; 255011.62 Easting, 4377229.98 Northing. Approp. Date:

7/16/15. Amnt.: 5 g.p.m., absolute. Use: Irrigation of 550 square feet immediately adjacent to the springs within the spring area, fire

protection, wildlife and stock watering. Structure: Withrow Spring No. 7. Legal: NE1/4, SE1/4, Sec. 23, T. 6 S., R. 94 W., 6th PM,

at a point 2100 ft. from the S. Sec. Line, and 1002 ft. from the E. Sec. Line. UTM: Zone 13; 254995.15 Easting, 4377195.12 Northing.

Approp. Date: 7/16/15. Amnt.: 3.5 g.p.m., absolute. Use: Irrigation of 250 square feet immediately adjacent to the spring, fire

protection, wildlife and stock watering. Second Claim: Request for Reasonable Diligence and to Make Absolute. Information from

Previous Decree: The conditional water rights described herein were originally decreed in Case No. 10CW302, District Court Water

Division 5, on 8/29/11. Structure: Withrow Spring No. 1. Legal: NE1/4, SE1/4, Sec. 23, T. 6 S., R. 94 W. 6th

P.M. located within

200 ft. of UTM: Zone13; 0254939 Easting,: 4377083 Northing. Source: Unnamed springs tributary to the Colorado River. Approp.

Date: 1/17/05. Amnt.: 1.0 c.f.s., conditional, cumulative with the Withrow Springs No. 2, 3, and 4, described below. Use: Irrigation of

lands contained within Applicants’ 41.740 acres situate in the E1/2, SE1/4 of Sec. 23, T. 6 S., R. 94 W. 6th

P.M. as depicted on Exhibit

A and described in Exhibit B attached to the application on file with the Court, domestic, fire protection, delivery of water into storage

at the Withrow Pond, wildlife and stock watering. Claim to make absolute: Date water applied to beneficial use: 6/1/16. Amnt.: 1

g.p.m. Use: Irrigation of 75 square feet immediately adjacent to the spring, fire protection, wildlife and stock watering purposes.

Remarks: Applicants request the Court cancel the conditional right of delivery of water into storage in the Withrow Pond and

subsequent irrigation from the Withrow Pond. Name of Structure: Withrow Spring No. 2. Legal: NE1/4, SE1/4, Sec. 23, T. 6 S., R.

94 W. 6th

P.M. also located within 200 ft. of UTM: Zone 13: 0254939 Easting, 4377083 Northing. Approp. Date: 1/17/05. Amnt.: 1.0

c.f.s., conditional, cumulative with the Withrow Springs No. 1, 3, and 4 described herein. Use: Irrigation on lands contained within

Applicants’ 41.740 acres situate E1/2, SE1/4 of Sec. 23, T. 6 S., R. 94 W. 6th

P.M. as depicted on Exhibit A and described in Exhibit B

attached to the application on file with the Court, domestic, fire protection, delivery of water into storage in the Withrow Pond,

wildlife and stock watering. Claim to make absolute: Date water applied to beneficial use: 6/1/16. Amnt.: 4 g.p.m. Use: Irrigation of

400 square feet immediately adjacent to the spring, fire protection, wildlife and stock watering purposes. Remarks: Applicants request

the Court cancel the conditional right of delivery of water into storage in the Withrow Pond and subsequent irrigation from the

Withrow Pond. Structure: Withrow Spring No. 3. Legal: NE1/4, SE1/4, Sec. 23, T. 6 S., R. 94 W. 6th

P.M. located within 200 ft. of

UTM: Zone 13; 4377082 Easting, 0254933 Northing. Approp. Date: 1/17/05. Amnt.: 1.0 c.f.s., conditional, cumulative with the

Withrow Springs No. 1, 2, and 4 described herein. Use: Irrigation of lands contained within Applicants’ 41.740 acres situate in the

E1/2, SE1/4 of Sec. 23, T. 6 S., R. 94 W. 6th

P.M. as depicted on Exhibit A and described in Exhibit B attached to the application on

file with the Court, domestic, fire protection, delivery of water into storage in the Withrow Pond, wildlife and stock watering. Claim to

make absolute: Date water applied to beneficial use: 6/1/16. Amount: 5 g.p.m. Use: Irrigation of 500 square feet immediately adjacent

to the spring, fire protection, wildlife and stock watering purposes. Remarks: Applicants request the Court cancel the conditional right

of delivery of water into storage in the Withrow Pond and subsequent irrigation from the Withrow Pond. Structure: Withrow Spring

No. 4. Legal: NE1/4 SE1/4, Sec. 23, T. 6 S., R. 94 W. 6th

P.M. located within 200 ft. of UTM: Zone 13; 0254933, Easting, 4377082

Northing. Source: Unnamed springs tributary to the Colorado River. Appropriation Date: 1/17/05. Amount: 1.0 c.f.s., conditional,

cumulative with the Withrow Springs No. 1, 2, and 3 described herein. Use: Irrigation lands contained within Applicants’ 41.740 acres

situate in the E1/2, SE1/4 of Sec. 23, T. 6 S., R. 94 W. 6th

P.M. as depicted on Exhibit A and described in Exhibit B attached to the

application on file with the Court, domestic, fire protection, delivery of water into storage in the Withrow Pond, wildlife and stock

watering. Claim to make absolute: Date water applied to beneficial use: 6/1/16. Amount: 2 g.p.m. Use: Irrigation of 100 square feet

immediately adjacent to the spring, fire protection, wildlife and stock watering purposes. Remarks: Applicants request the Court

cancel the conditional right of delivery of water into storage in the Withrow Pond and subsequent irrigation from the Withrow Pond.

Structure: Withrow Pond, a storage structure. The Withrow Pond was conditionally decreed in Case No. 10CW302 for 10 A.F. for

storage of irrigation water, fire protection, piscatorial, stock watering and wildlife watering. Applicant has determined that they do not

have enough of a physical supply to develop this conditional right. Therefore, Applicant requests that the conditional water rights for

the Withrow Pond be cancelled. Name and address of owner or reputed owner 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: Applicants. In the diligence period preceding the filing of this

Application, Applicant has diligently pursued development of the subject conditional water rights. 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 are listed in the application on file with the Court. (8 pgs., 2 exh.)

AUGUST 2017 RESUME







CO 81601.






17CW3170 (10CW260, 02CW389) EAGLE COUNTY – SMITH CREEK, RUEDI RESERVOIR, FRYING PAN RIVER.

Challenge Aspen, c/o Kevin L, Patrick, Esq., Patrick, Miller & Noto, P.C., 229 Midland Ave., Basalt, CO 81621 (970) 920-1030.

APPLICATION FOR FINDING OF REASONABLE DILIGENCE. First Claim. Wilderness Ranch Well Field No. 1. Date of

original decree: October 29, 2004. Case No. 02CW389, Division 5 Water Court. Legal: Government Lot #2, Waters Subdivision, East

¼ of the NE ¼ of the NE ¼ of Section 5, Township 8 South, Range 84 West of the 6th

P.M., comprising 20 acres more or less. Map is

on file with the court as Exhibit A. Source: Groundwater tributary to Smith Creek, tributary of Ruedi Reservoir and the Fryingpan

River, tributary to the Roaring Fork River, tributary to the Colorado River. Appropriation date: May 21, 2001. Amount: 0.222 c.f.s.,

conditional. Use: Commercial, domestic, irrigation, stock water, and fire protection. Second Claim. Landmark Pond System (a/k/a

Landmark Pond Nos. 1-8, First Enlargements). Date of original decree: October 29, 2004. Case No. 02CW389, Division 5 Water

Court. Legal: The centers of Pond Nos. 1-5 are located in Section 5, Township 8 South, Range 84 West of the 6th

P.M. and more

particularly as:

Pond No. Quarter Quarter Feet from North Section

Line

Feet from East Section Line

1 NE ¼ NE ¼ 550 800

2 NE ¼ NE ¼ 1100 600

3 NE ¼ NE ¼ 500 250

4 NE ¼ NE ¼ 800 250

5 SE ¼ NE ¼ 2500 25

The centers of Pond Nos. 6-8, of the Landmark Pond System, are located in Section 4, Township 8 South, Range 84 West of the 6th

P.M. and more particularly as:

Pond No. Quarter Quarter Feet from North Section

Line

Feet from West Section Line

6 SW ¼ NW ¼ 2000 1000

7 SW ¼ NW ¼ 2150 700

8 SW ¼ NW ¼ 2250 400

Map is on file with the court as Exhibit A. Source: Smith Creek, tributary to the Frying Pan River, tributary to the Roaring Fork River,

tributary to the Colorado River. Appropriation date: May 21, 2001. Amount: 7.0 acre-feet, conditional. Surface area of high water line:

0.50 aces per reservoir, total surface area for Landmark Pond System: 4.0 acres. Max height of dam for each reservoir: 15 ft. Length

of dam for each reservoir: 150 ft. Use: Augmentation and Exchange. Total capacity: 4.0 acre-feet in each of the eight reservoirs, with a

total cumulative storage of 32 acre-feet within the pond system. Note: In Case No. 97CW213 the court approved 32 acre=feet of

cumulative storage in the Landmark Pond Nos. 1-8 for livestock and wildlife watering, fire protection, piscatorial, and wetlands

creation. In Case No. 02CW389 the court approved 7.0 acre-feet of storage under the First Enlargement, within the landmark Pond

System (a/k/a Landmark Pond Nos. 1-8, First Enlargement), without expanding the total 32 acre-feet capacity to be used for

augmentation and exchange. Active capacity: 4.0 acre-feet per reservoir. Dead storage: N/A. A detailed description of the work done

to complete appropriation, including expenditures, is on file with the court as Exhibit B. Applicant owns the land on which the above

water rights are used. Remark: The Landmark Ponds Nos. 1-8 were first decreed in Case No. 97CW213 for 4.0 acre feet in each of the

eight reservoirs, with a total cumulative storage of 32 acre feet within the pond system. In Case No. 97CW213 the court approved 32

acre feet of cumulative storage in the Landmark Pond Nos. 1-8 for livestock and wildlife watering, fire protection, piscatorial, and

wetlands creation. In Case No. 02CW389, Applicant sought 7.0 acre feet of storage under the First Enlargement within the Landmark

Pond System (a/k/a Landmark Pond Nos. 1-8, First Enlargements), without expanding the total 32 acre feet of capacity, to be used for

augmentation and exchange, in accordance with the plan for augmentation decreed in Case No. 02CW389.



AUGUST 2017 RESUME





CO 81601.






17CW3171 G. JOUFLAS RANCHES, LLC, IN THE EAGLE RIVER OR ITS TRIBUTARIES, EAGLE COUNTY.

Application for Finding of Reasonable Diligence. 1. Name, mailing address, email address, and telephone number of Applicant: G.

Jouflas Ranches, LLC, P.O. Box 55245, Grand Junction, CO 81505; c/o Applicant’s counsel: William H. Caile, Esq., Kylie J.

Crandall, Esq., Holland & Hart LLP, 555 17th Street, Suite 3200, Post Office Box 8749, Denver, CO 80201-8749; (303) 295-8000;

[email protected] 2. Structures: A. Jouflas Spring No. 43, First Enlargement. B. Holland Ditch No. 2. C. Golden Pond (a/k/a

Flaming George). 3. Previous Decrees: A. Date of original decree: May 30, 1995, Case No. 94CW288 (Water Division 5). B.

Subsequent diligence decrees: i. In Case No. 01CW143, by decree dated June 7, 2004, the Division 5 Water Court ruled that the

Applicant had been reasonably diligent in developing the conditional water rights described herein. Additionally, in Case No.

01CW143 the Water Court decreed absolute water rights for the Jouflas Spring No. 43, First Enlargement in the amount of 0.1 cfs and

for the Holland Ditch No. 2 in the amount of 0.2 cfs for fire protection, recreation, piscatorial and storage purposes, and decreed an

absolute water right for the Golden Pond in the amount of 19.6 acre feet for the in-place uses of fire protection, recreation, commercial

and piscatorial purposes. ii. In Case No. 10CW180, by decree dated August 29, 2011, the Division 5 Water Court granted a finding of

reasonable diligence with respect to the remaining conditional portions of the subject water rights. 4. Description of Water Rights: A.

Jouflas Spring No. 43, First Enlargement. i. Legal description of point of diversion: located in the SW1/4 SE1/4, Sec. 28, Township 4

South, Range 83 West, 6th P.M. at a point 300 feet from the South line and 1,750 feet from the East Line of said Sec. 28. A map

depicting the location of the subject water rights is on file with the Water Court. ii. Source: Spring tributary to Holland Creek,

tributary to Eagle River, tributary to Colorado River. iii. Date of Appropriation: October 15, 1994. iv. Amount: 1.50 cfs, conditional.

In Case No. 01CW143, the Water Court decreed an absolute water right for the Jouflas Spring No. 43, First Enlargement in the

amount of 0.1 cfs for fire protection, recreation, piscatorial and storage purposes. v. Use: Fill Golden Pond for irrigation, fire

protection, commercial, recreation, piscatorial and storage purposes. Proposed irrigation is for 100 acres in Sec. 28, Township 4

South, range 83 West, 6th P.M. B. Holland Ditch No. 2. i. Legal description of point of diversion: located on the East Bank of Holland

Creek in the NW1/4 SE1/4, Sec. 28, Township 4 South, Range 83 West, 6th P.M. at a point 2,050 feet from the South line and 1,900

feet from the East line of said Sec. 28. ii. Source: Holland Creek, tributary to Eagle River, tributary to Colorado River. iii. Date of

Appropriation: October 15, 1994. iv. Amount: 5.0 cfs, conditional. In Case No. 01CW143, the Water Court decreed an absolute water

right for the Holland Ditch No. 2 in the amount of 0.2 cfs for fire protection, recreation, piscatorial and storage purposes. v. Decreed

Use: Fill Golden Pond for domestic, irrigation, fire protection, commercial, recreation, piscatorial and storage purposes. Proposed

irrigation is for 200 acres in Sections 28 and 21, Township 4 South, Range 83 West, 6th P.M. C. Golden Pond (a/k/a Flaming George).

i. Legal Description: located in the NE1/4 SE1/4, Sec. 28, Township 4 South, Range 83 West, 6th P.M. The dam is located 2,600 feet

from the South line and 1,300 feet from the East line of said Sec. 28. ii. Source: The Golden Pond is an off-channel reservoir which is

filled by the Jouflas Spring No. 43 Enlargement (see above), the Holland Ditch No. 2 (see above), and the Jouflas Spring No. 44. The

Jouflas Spring No. 44 is more fully described as follows:(1) Legal description: located in Sec. 28, Township 4 South, Range 83 West,

6th P.M. at point 1,700 feet from the South Section line and 540 feet from the East Section line.(2) Date of adjudication: December

31, 1991, Case No. 91CW155, District Court in and for Water Division 5.(3) Amount: 0.033 cfs, absolute, for livestock watering; 0.5

cfs, conditional, for domestic, fire protection, commercial, recreational, piscatorial, and storage uses.(4) Source: tributary to Holland

Creek, tributary to Eagle River, tributary to Colorado River. iii. Date of Appropriation: October 15, 1994. iv. Amount: 100 acre feet,

conditional. In Case No. 01CW143, the Court decreed an absolute water right for the Golden Pond in the amount of 19.6 acre feet for

the in-place uses of fire protection, recreation, commercial and piscatorial uses. The rates of diversion of the water rights which will

fill the reservoir include(1) Jouflas Spring No. 43 First Enlargement: 1.50 cfs.(2) Jouflas Spring No. 44: 0.50 cfs (see Decrees in Case

Nos. 91CW155 and 94CW288).(3) Holland Ditch No. 2: 5.0 cfs. v. Decreed Use: domestic, irrigation, fire protection, commercial,

recreation, and piscatorial purposes. The areas to be irrigated include 100 acres located in Section 22, Township 4 South, Range 83

West, 6th P.M.; and 200 acres in Sections 28 and 21, Township 4 South, Range 83 West, 6th P.M. The said irrigated acres may also

be served by the Jouflas Spring No. 39 First Enlargement, Jan Jouflas Pond, and the Holland Ditch No. 2. vi. Surface area of high

water line: 15 acres.(1) Maximum height of dam: 9 feet.(2) Length of Dam: 800 feet. vii. Total decreed reservoir capacity: 100 acre

feet.(1) Active capacity: 75 acre feet.(2) Dead storage: 25 acre feet. viii. As found by the Water Court in Case No. 01CW143, the

current constructed surface area of Golden Pond is 4.8 acres, and the current constructed capacity is 19.6 acre feet. 5. Integrated

System. In Case No. 01CW143, the Water Court found that the subject water rights are part of an integrated water supply system


AUGUST 2017 RESUME


(including a number of ditches, ponds, springs, wells and water supply plans) for Applicant’s property. See also, e.g. Decree in Case

No. 98CW278 (augmentation plan involving various water rights owned by Applicant, including George Jouflas Spring No. 43, First

Enlargement, and Golden Pond). Where a project or integrated system is comprised of several features, work 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 or system. C.R.S. § 37-92-301(4)(b).6. A detailed outline of what has been done toward completion of

the appropriations and application of water to beneficial uses, including expenditures, is contained in the Application on file with the

Water Court. 7. Name and address of owners of 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: Applicant.






CO 81601.






17CW3172 GARFIELD AND MESA COUNTIES, SOURCES: CONN CREEK AND CASCADE CREEK, TRIBUTARY TO

ROAN CREEK, AND THE COLORADO RIVER. Applicant: Laramie Energy, LLC, c/o Sara Dunn, PO Drawer 790, Glenwood

Springs, CO 81602. Telephone: 970-945-6546. Description of Conditional Water Rights: Original Decree: Civil Action No. 6404,

entered November 10, 1970, District Court, Garfield County, Colorado. Subsequent Diligence Decrees: Case No. W-655 entered

March 14, 1973; Case No. W-655-76 entered April 21, 1977; Case No. 80CW160 entered November 25, 1980; Case No. 84CW95

entered October 18, 1984; Case No. 88CW180 entered September 14, 1989; Case No. 95CW201 entered October 13, 1998; Case No.

05CW239 entered August 20, 2007; and Case No. 13CW3036 entered March 16, 2014 in the District Court, Water Division No. 5.

Structure: Cities Service Pipeline and Pumping Plant: Legal: The original point of diversion for this water right decreed in Civil

Action 6404 was described as being located on the right bank of the Colorado River near DeBeque, Colorado, whence the West

Quarter Corner of Sec. 27, T8S, R97W, 6th

P.M. bears S. 79 deg. 29’ W. 1,720 ft. in Mesa County. By decree dated 11/1/76 entered in

Case No. W-2969, the point of diversion was changed to the right bank of the Colorado River at a point whence the NE corner of Sec.

28, T8S, R97W 6th

PM bears N. 18 deg. 59’32” E. 5,569.92 ft. For ease of reference, this point of diversion can also be described as

being located at a point 25 ft. from the S. sec. line and 1,782 ft. from the E. sec. line of Sec. 28, T8S, R97W, 6th

P.M. By Decree dated

10/31/84 entered Case No. 82CW367, two alternate points of diversion were decreed for this water right. The first alternate point of

diversion is located at a point on the right bank of the Colorado River from whence the SE corner of Sec. 28, T8S, R97W, 6th

P.M.

bears S. 33 deg. 45’ E., 1,212 ft. For ease of reference, this point of diversion can also be described as being located at a point 999 ft.

from the S. sec. line and 681 ft. from the E. sec. line of Sec. 28, T8S, R97W 6th

P.M. The second alternate point of diversion is located

at the headgate of the Larkin Ditch at a point on the south bank of the Colorado River whence the SE corner of the SW1/4 of Sec. 27,

T8S, R97W, 6th

PM bears S. 02 deg. 45’ W. a distance of 2,830 ft. For ease of reference, this point of diversion can also be described

as being located at a point 2,546 ft. from the N. sec. line and 2,557 ft. from the E. sec. line on Sec. 27, T8S, R97W, 6th P.M. See map

attached to the application as Figure 2. Approp. Date: 8/2/1951. Amnt.: 100 c.f.s. Use: Industrial, domestic, recreational, irrigation,

power, mining, retorting, and refining relating to the production of oil shale and its by-products, including maintenance of general

camp and community in and adjacent to the oil shale lands of Applicant lying in Western Colorado. Structure: Cascade Canyon

Pipeline: Legal: The point of diversion is on the right bank of Cascade Creek whence the North Quarter corner of Sec. 10, T6S,

R97W, 6th

PM bears North 41 deg. 42’ East a distance of 4,646 feet. For ease of reference, this point of diversion can also be

described as being located at a point 1,806 feet from the South section line and 450 feet from the East section line of Section 9,

T6s, R97W, 6th

P.M. See map attached to the application as Figure 2. Approp. Date: 8/25/66. Amount: 10 c.f.s. Use: Industrial,

domestic, recreational, irrigation, power, mining, retorting, and refining relating to the production of shale oil and its by products,

including maintenance of a general camp and community in and adjacent to the oil shale lands of Applicant lying in western

Colorado. Structure: Cascade Canyon Reservoir: Legal: The initial point of survey of the high water line of the reservoir is

located at a point whence the North Quarter Corner of Sec. 10, T6S, R97W, 6th

P.M. bears N. 39 deg. 35’ E. a distance of 4,484.7

ft. For ease of reference, this point can also be described as being located at a point 1,820 ft. from the S. sec. line and 216 ft. from

the E. sec. line of Sec. 9, T6S, R97W, 6th

P.M. See map attached to the application as Figure 2. An alternate source of supply is the

Colorado River through the Cities Service Pipe Line and Pumping Plant. Approp. Date: 8/25/66. Amnt.: 619.47 AF, together with

the right to refill whenever there is storage capacity and water available. Use: Industrial, domestic, recreational, irrigati on, power,

AUGUST 2017 RESUME


mining, retorting, and refining relating to the production of shale oil and its by-products including maintenance of general camp

and community in and adjacent to the oil shale lands of Applicant lying in western Colorado. Structure: Conn Creek Pipeline:

Legal: The point of diversion is on the left bank of Conn Creek whence the NW Corner of Sec. 17, T6S, R97W of the 6th

P.M. bears N. 88 deg. 04'37" W. a distance of 1,181.81 ft. For ease of reference, this point of diversion can also be described as

being located at a point 37 ft. from the N. sec. line and 1,181 ft. from the W. sec. line of Sec. 17, T6S, R97W, 6th

P.M. See map

attached to the application as Figure 2. Approp. Date: 8/25/66. Amnt.: 10 c.f.s. Use: Industrial, domestic, recreational, irrigation,

power, mining, retorting, and refining relating to the production of shale oil and its by-products, including maintenance of a

general camp and community in and adjacent to the oil shale lands of Applicant lying in Western Colorado. Structure: Conn Creek

Reservoir: Legal: The initial point of survey of the high water line of the reservoir is located at a point whence the NW Corner of

Sec.17, T6S, R97W of the 6th P.M. bears S. 89 deg. 15'29" W. a distance of 1,004.93 ft. For ease of reference, this point can

also be described as being located at a point 15 ft. from the S. sec. line and 1,005 ft. from the W. sec. line of Sec. 8, T6S,

R97W of the 6th P.M. See map attached to the applicat ion as Figure 2. An alternate source of supply is the Colorado River

through the Cities Service Pipe Line and Pumping Plant. Approp. Date: 8/25/66. Amnt.: 422.75 AF, together with the right to refill

whenever there is storage capacity and water available. Use: Industrial, domestic, recreational, irrigation, power, mining, retorting,

and refining relating to the production of shale oil and its by-products, including maintenance of a general camp and community in

and adjacent to the oil shale lands of Applicant lying in Western Colorado. Changes Requested: Change of Place of Use:

Applicant seeks a change of the place of use to include the decreed places of use owned by Laramie Energy and other lands owned

and leased by Applicant for oil and gas drilling shown on the map attached to the application as Figure 2. Confirmation of Type of

Use: Applicant seeks a change of rights for confirmation that the industrial uses of the water rights described above include industrial

uses associated with oil and gas drilling and production, and specifically including dust suppression, construction and operation of

facilities supporting natural gas production, gas well drilling and gas well completions (hydraulic fracturing),

reclamation/revegetation, and fire protection, and are not limited exclusively for oil shale mining and production. These water rights

are also decreed for a multitude of other uses and Applicant does not intend to abandon any of the decreed uses. Non-Injury: The

decreed uses are for fully consumptive purposes. Therefore, the requested changed uses can be made without injury to vested or

decreed conditional water rights of others. Name and address of owner of the land upon which any new or existing diversion or

storage structure, or modification of 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: Applicant, Chevon USA, Inc. and Margaret A. Prather. (7 pgs., 1

figure)






CO 81601.






17CW3173 GARFIELD COUNTY. PROPER AND WEATHERLY SPRING NO. 1 AND PROPER AND WEATHERLY

SPRING NO. 2, TRIBUTARY TO EAST ELK CREEK TRIBUTARY TO THE COLORADO RIVER. Cory B. Nielson and Jong Ok

Nielson, c/o Robert M. Noone, Esq., The Noone Law Firm, P.C., P.O. Drawer 39, Glenwood Springs, Colorado 81602. (970) 945-

4500. First Amended Application to Make Conditional Water Right Absolute, in part, and for Finding of Reasonable Diligence.

Name of Structure: Proper and Weatherly Spring No. 1 and Proper and Weatherly Spring No. 2. Original Decree: March16, 1973,

Case No. W-1109; Water Court, Division No. 5. Legal Description: The Proper and Weatherly Spring No. 1 is located at a point

whence the Northeast Corner of section 6, T. 5S., R90W. of the 6th P.M. bears N. 30°22'10" E. 4,775.66 ft. The Proper and Weatherly

Spring No. 2 is located at a point whence the Northeast Corner of Section 6, T.5S., R.90W. of the 6th P.M. bears N. 89°34'44" W. 12

feet and N. 30°22'10" E. 4,775.66 feet. Source: Springs tributary to East Elk Creek, tributary to the Colorado River. Appropriation

Date: October 15, 1971 .Amount Decreed and Uses: The original decreed amount of 0.2 cfs was decree 0.11 cfs absolute, for

domestic and irrigation uses, and 0.09 cfs, conditional, for domestic and irrigation uses. Of the 0.2 cfs total original decreed amount,

0.06 cfs was for domestic use and 0.14 cfs was for irrigation use. Request to Make Absolute, in Part, and for Finding of Reasonable

Diligence: During the preceding diligence period the Applicants have undertaken a number of activities which demonstrate

completion of the appropriation of the irrigation component of the subject water right and diligence in pursuing development of the

balance of the subject conditional water right. Examples of specific activities undertaken by the Applicants during the preceding

diligence period are as follows: A. In two separate transactions, Applicants purchased the subject water rights and the lands ( See

AUGUST 2017 RESUME


Figure 1, attached to the Application), from the previous owners, K.R. Weatherly and Delores J. Weatherly, for a combined amount in

excess of $295,000.00, with the first transaction occurring on August 3, 1987 (2 acres, plus residence, including 0.00675 cfs absolute,

for domestic use, and 0.00825 cfs, conditional, for domestic use, for a total 0.015 cfs conveyed for domestic use, and 0.01125 cfs,

absolute, for irrigation use and 0.1375 cfs conditional, for irrigation use for a total of 0.025 cfs conveyed for irrigation use, together

with the pump and pipeline for said Springs, and the second transaction occurring on September 1, 1987 (adjacent 4.6 acres vacant

land, including all of the Grantors’ remaining water rights in the Springs not previously conveyed to the Applicants on August 3,

1987, which originally consisted of 0.045 cfs absolute, and 0.055 cfs conditional); B. Commencing September 1, 1987, and having

incurred expenses of at least $10,000.000, the Applicants have used have their full entitlement of 0.015 cfs for domestic purpose and,

as confirmed by spring flow measurements, they have used 0.023 cfs (of their full irrigation entitlement of 0.025 cfs) for the irrigation of

6.4 acres since at least June 19, 2017 (most recent date of flow measurement). The maximum yield of the spring is 0.06 cfs. (See Figure 1,

attached to the Application). C. Applicants have retained the services of The Noone Law Firm, P.C., to review the integration of the

use of the subject water rights with well permits owned by the Applicants for use on the subject lands; and D. Applicants have retained

the services of The Noone Law Firm, P.C., to monitor new water rights applications to identify those having the potential to cause

injury to the subject water rights. (4 pages, plus exhibit)






CO 81601.





must appear to object and protest within the time provided by statute, or be forever barred. 17CW3174 PITKIN & EAGLE COUNTIES, ROARING FORK RIVER. Application for storage, surface, underground water

rights, change of water right, plan for augmentation and exchange. Town of Basalt, c/o Jeff Houpt & Ryan Jarvis of Beattie, Chadwick

& Houpt, 932 Cooper Ave, Glenwood Springs, 970-945-8659. Midland Pond: Inlet to pond is located in SW¼SE¼, Sec 7, T 8 S, R 86

W, 6th PM: GPS NAD 83 UTM 13S Easting: 324511; Northing 4359450. Source: Roaring Fork River. Ditch used to fill reservoir:

Williams No. 1 Ditch, located in SW¼NW¼, Sec 17, T 8 S, R 86 W, 6th

PM: GPS NAD 83 UTM 13S Easting: 325264, Northing

4358570. Date of appropriation: 01/31/05. Water applied to use on 09/28/15. Amount: 0.3 AF, absolute. Max rate of diversion: 1.0 cfs.

Uses: Municipal and wildlife watering. Irrigated area: 0.4231 acre in NW¼SW¼SE¼, Sec 7, T 8 S, R 86 W, 6th

PM. Irrigation will

occur by seepage from unlined pond. Surface area of excavated pond: 0.2 acre. Capacity: 0.3 af. Williams No. 1 Ditch Town

Enlargement: Headgate is on the left bank of the Roaring Fork in SW¼NW¼, Sec 17, T 8 S, R 86 W, 6th

PM: GPS NAD 83 UTM 13S

Easting: 325264, Northing 4358570. Source: Roaring Fork, trib to Colo River. Date of appropriation: 01/31/15. Date water applied to use:

09/28/15. Amount: 2.0 cfs, absolute. Use: To fill and refill continuously Midland Pond for the purposes identified above. Water rights were

decreed to the Williams No. 1 Ditch in Civil Action Nos. 2819 and 3082. Applicant is the owner of an interest in those water rights and in

the ditch structure; however, Applicant is not seeking to change that interest in any way. Rather, Applicant seeks confirmation of a separate

water right diverted by and conveyed through the Williams No. 1 Ditch to supply water to Midland Pond, described above. Midland Park

Well: Located in SW¼SE¼, Sec 7, T 8 S, R 86 W, 6th

PM: GPS NAD 83 UTM 13S Easting: 324554; Northing 4359511. Source:

Groundwater trib to Roaring Fork. Depth: Less than 10 ft. Date of appropriation: 09/28/15. Water applied to use: 09/28/15. Amount: 0.078

cfs (35 gpm), absolute. Use: Municipal. Irrigated area: 1.5 acres in SW¼SE¼, Sec 7, T 8 S, R 86 W, 6th

PM. Change of Water Right for

Pan & Fork Ditch: Original decree: Case No. W-98, entered 6/18/1971. Decreed location is on NE bank of Frying Pan; said point

bears S 10°35’ E 706.54 ft from angle point No. 2 of Tract 48 in Sec 7, T 8 S, R 86 W, 6th

PM. Decreed source: Frying Pan River, trib

to Roaring Fork. Appropriation date: 05/01/10. Decreed amount: 1.0 cfs, absolute. Decreed uses: Irrigation, fish culture, recreation and

sprinkling of lawns. Amount to be changed: 0.85 cfs. Applicant seeks to change the point of diversion to a point on the right bank of

the Roaring Fork in SW¼SE¼ of Sec 7, T 8 S, R 86 W, 6th

PM: GPS NAD 83 UTM 13S Easting: 324609, Northing: 4359542. No

other change is sought. Applicant owns 0.85 cfs of the 1.0 cfs decreed to this water right. Pan & Fork Ditch Town Enlargement:

Located at a point on right bank of Roaring Fork in SW¼SE¼ of Sec 7, T 8 S, R 86 W, 6th

PM: GPS NAD 83 UTM 13S Easting:

324609, Northing: 4359542. Source: Roaring Fork. Date of Appropriation: 09/30/11. Applied to use: 10/01/14. Amount: 0.85 cfs,

absolute. Use: Municipal. Irrigated area: 7.3 acres in W½SE¼ Sec 7, T 8 S, R 86 W, 6th PM. The Pan & Fork Ditch has historically

been used for irrigation of areas located between its original headgate on the Frying Pan and its terminus at Old Pond (also known as

Pan & Fork Reservoir) and to fill and refill that pond, as decreed in W-98. The historically irrigated area has been redeveloped into a

commercial area known as the Ute Center and a Town park. Structures to be augmented: Midland Pond, Williams No. 1 Ditch Town

Enlargement, Midland Park Well, and Pan & Fork Ditch Town Enlargement. Water rights to be used for augmentation: 1) L&A Ditch,

AUGUST 2017 RESUME


Frying Pan Ditch, and the John Ruedi Ditch consumptive use credits (“CUCs”) previously quantified by this Court in 90CW138.

Applicant is the owner of 143.47 af annually of CUCs available by permanent dry-up of 82.3 acres historically irrigated by the John

Ruedi Ditch; 35.56 af annually of CUCs available by permanent dry-up of 20.4 acres historically irrigated by the Frying Pan Ditch;

and 20.05 af annually of CUCs available by permanent dry-up of 11.5 acres historically irrigated by the L&A Ditch. These CUCs are

available from May through October on the monthly schedule set forth in Table 1of the Application on file with the Court. A portion

of these CUCs may be used to replace depletions under the plan for augmentation approved in 90CW138, as modified by the decree

entered in 00CW252 (the “Town’s Existing Plan”). The vast majority of these credits are not needed or used to replace depletions

under the Town’s Existing Plan, and therefore remain available for use to replace depletions under the POA. 2) Releases of water from

Ruedi Reservoir. The Town of Basalt holds contracts for a total of 500 af of annual supply from Ruedi Reservoir. Ruedi Reservoir is

located in Sections 7, 8, 9, 11 and 14 through 18, T 8 S, R 84 W, 6th PM, in Eagle and Pitkin Counties. The dam axis intersects the

right abutment at a point whence the SW corner of Sec 7, T 8 S, R 84 W, 6th

PM bears N 82°10' W a distance of 1,285 ft. Source: (a)

Fryingpan River. Previous storage decrees: Civil Action No. 4613: Decree Date: 06/20/58. Court: Garfield County Dist Court.

Amount: 140,697.3 af, reduced to 102,369 af pursuant to order of the Water Court in W-789-76. The full amount was made absolute

in 88CW85. Appropriation Date: 07/29/57. Use: Domestic, municipal, irrigation, industrial, generation of electrical energy, stock

watering and piscatorial. (b)Case No. 81CW34: Decree Date: 04/08/85. Court: District Court, Water Div 5. Amount: 101,280 af

(refill); of this amount, 44,509 af were made absolute in 95CW95 and 25,257 af were made absolute in 01CW269, for a total of

69,766 af absolute. Appropriation Date: 01/22/81. Use: Irrigation, domestic, municipal, generation of electrical energy, stock

watering, industrial, piscatorial, recreation and maintenance of sufficient storage reserves to fulfill contractual obligations and provide

stored water for recreation in times of drought. Statement of plan for augmentation: The Town is developing two parks on real

property it owns adjacent to the Roaring Fork downstream of its confluence with the Frying Pan: “Midland Park” on the South side of

the Roaring Fork and “Old Pond Park and Basalt River Park” on the North side of the Roaring Fork. Midland Park includes irrigated

grasses, and a man-made wetland feature known as Midland Pond that includes both open water surface areas and areas of wetland

vegetation. Midland Pond and associated wetlands complex is filled and refilled continuously with water diverted from the Roaring

Fork through the Williams No. 1 Ditch under the water right claimed herein. Water exfiltrates Midland Pond to irrigate adjacent

vegetation; the unused portion returns to the Roaring Fork via the existing tail ditch of the Williams No. 1 Ditch. 1.5 acres of Midland

Park are irrigated through an underground sprinkler system the source of which is the Midland Park Well. The Old Pond Park and

Basalt River Park areas are located on lands historically irrigated by the Pan & Fork Ditch and the Pan & Fork Reservoir (also known

as “Old Pond”). The Pan & Fork Reservoir has been in place since 1910. Evaporation from the surface of the Pan & Fork Reservoir is

replaced with water released from the Historic User Pool of Green Mountain Reservoir (the “HUP”). The Town has relocated the

point of diversion and course of the Pan & Fork Ditch, which now diverts from the Roaring Fork below the confluence with the Frying

Pan. Portions of the Old Pond Park area will continue to be irrigated with water diverted under the water rights decreed to the Pan &

Fork Reservoir and the Pan & Fork Ditch, as changed above. Those portions that were irrigated as of 10/15/77 are entitled to the

benefits of the HUP, and any out of priority depletions associated with the irrigation of those areas are replaced by operation of the

HUP. To the extent that water diverted through the Pan & Fork Ditch is used to irrigate areas beyond those that benefit from the HUP,

that water will be diverted under the new water right for the Pan & Fork Ditch Town Enlargement. Out-of-priority depletions resulting

from the exercise of the water rights claimed for Midland Park Well and the Pan & Fork Ditch Town Enlargement will be replaced

during the irrigation season with CUCs associated with the L&A Ditch, the Frying Pan Ditch and/or the John Ruedi Ditch. The

historical consumptive use (“HCU”) associated with these ditches was previously quantified in 90CW138. To the extent that any out-

of-priority depletions occur during the non-irrigation season as a result of the exercise of the water rights claimed for Midland Park

Well and the Pan & Fork Ditch Town Enlargement, they will be replaced with water released from Ruedi Reservoir. Out-of-priority

depletions resulting from the exercise of the water right claimed for the Williams No. 1 Ditch Town Enlargement will be replaced

during the irrigation season with either (a) CUCs associated with the John Ruedi Ditch or (b) water released from Ruedi Reservoir and

exchanged pursuant to the right of exchange described below. The HCU associated with the John Ruedi Ditch was previously

quantified in 90CW138. Out-of-priority depletions resulting from the exercise of the water right claimed for the Williams No. 1 Ditch

Town Enlargement will be replaced during the non-irrigation season with water released from Ruedi Reservoir. Such releases will be

exchanged to the headgate of the Williams No. 1 Ditch pursuant to the right of exchange described below. When said exchange is out

of priority, Applicant will curtail its diversions under the water right claimed for the Williams No. 1 Ditch Town Enlargement to the

extent necessary to avoid injury to calling senior water rights located within the reach of the exchange. Basalt Roaring Fork Exchange:

Downstream terminus: Confluence of Frying Pan and Roaring Fork, in SW¼SE¼, Sec 7, T 8 S, R 86 W, 6th

PM: GPS NAD 83 UTM 13S

Easting: 324757, Northing 4359428. Upstream terminus: Williams No. 1 Ditch, located in SW¼NW¼, Sec 17, T 8 S, R 86 W, 6th

PM:

GPS NAD 83 UTM 13S Easting: 325264, Northing 4358570. Source: Roaring Fork. Appropriation date: 11/03/16. Amount: 2.0, cfs,

conditional. Use: Augmentation and replacement. Max annual volume of exchange: 14 af. This exchange will operate as a component of

the plan for augmentation claimed in this Application. All rights claimed herein are components of an integrated water system for the Town

that includes the POA and water rights and plan for augmentation decreed in 90CW138 and 00CW252. (15 pages)



AUGUST 2017 RESUME





CO 81601.

division 5 water court- august 2017 resume 1. … · 2. pursuant to c.r.s., §37-92-302, as...

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