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DIVISION 5 WATER COURT- JUNE 2012 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 JUNE 2012. 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.

12CW104 GRAND COUNTY, COLORADO. CONCERNING THE APPLICATION FOR WATER RIGHTS OF THE

COLORADO MOUNTAIN RESORTS INVESTORS, LLC. Application for Conditional Ground Water Rights, Change of Water

Rights, and for Approval of Plan for Augmentation. Name, address, telephone number of applicant: Colorado Mountain Resorts

Investors, LLC, c/o James L. Kurtz-Phelan, 370 Seventeenth Street, Suite 4800, Denver, Colorado 80202-5626, 303.592.8323. Please

direct all pleadings and correspondence concerning this Application to Applicant’s attorneys: Peter J. Ampe, Hill & Robbins, P.C.,

1441 18th Street, Suite 100, Denver, CO 80202, 303.296.8100, [email protected]. Colorado Mountain Resorts

Investors, LLC (“CMRI”) is the owner of Devil’s Thumb Ranch, an existing recreational resort established in the 1940s. The resort

includes overnight accommodations in lodges and guest cabins, restaurant and banquet facilities, a spa and an equestrian facility.

There are on-site opportunities for fishing, hiking, cross-country skiing, horseback riding and other outdoor activities. CMRI

continues to improve the on-site facilities and plans to add additional amenities. Prior to CMRI’s acquisition of the resort, the resort’s

water supply was provided by Well No. 1 (Permit No. 25750) drilled in 1965, Well No. 2 (Permit No. 22773-F, Case No. W-3156)

and Well No. 3 (unregistered). The augmentation plan decreed in Case No. 03CW094 supplemented the existing water right for Well

No. 2 decreed in Case No. W-3156 and provided for the augmentation of depletions resulting from the operation of Well Nos. 1 and 3

and evaporation from two ponds (East Pond and West Pond). The replacement water supply in Case No. 03CW94 was derived from

historical stream depletions associated with irrigation under the Hartshorn Ditch. In Case No. 03CW094, the water derived from the

Hartshorn Ditch dry-up area is regulated in the East Pond and released to augment pond evaporation from both ponds and the stream

depletions associated with the consumptive use from the water uses at the resort. Employee housing, located approximately two miles

north of the resort, is also augmented by water derived from historical stream depletions associated with irrigation under the Hartshorn

Ditch in Case No. 05CW209. Well No. 4, Permit No. 66039-F (Case No. 79CW0221) is currently decreed for household use and up

to 10,000 square feet of outside irrigation but will no longer be used for these purposes under this decree. As the resort continues to

expand, the water supply provided under Case Nos. W-3156 and 03CW094 is becoming insufficient. This application proposes an

increase in the use of Well Nos. 1, 2, and 3, the integration of Well No. 4, and proposes three new wells. In addition, a new irrigation

pump located at the West Pond will be used to serve the irrigation needs at the resort. This application provides an augmentation plan

to remedy injurious out-of-priority depletions from Well Nos. 1 – 7 described above and landscape irrigation on the resort property.

The water supply for the additional pumping and irrigation uses will be provided by water derived from historical stream depletions

associated with irrigation under the Klein Ditch. The Hartshorn Ditch dry-up decreed in Case No. 03CW094 will continue to be used

to provide the replacement water for evaporation from the East Pond and West Pond and injurious depletions which result from well

pumping as decreed in Case No. 03CW094. I. GROUND WATER RIGHTS. 1.1 Name of well and permit number. a. Devil’s Thumb

Ranch Well No. 1, (Permit No. 66165-F); b. Devil’s Thumb Ranch Well No. 2, (Permit No. 22773-F); c. Devil’s Thumb Ranch Well No.

3, (Permit No. 66164-F); d. Devil’s Thumb Ranch Well No. 4, (Permit No. 66039-F); e. Devil’s Thumb Ranch Well No. 5, (unpermitted,

not yet drilled); f. Devil’s Thumb Ranch Well No. 6, (unpermitted, not yet drilled); g. Devil’s Thumb Ranch Well No. 7, (unpermitted,

not yet drilled). 1.2Legal description of well (include distance and bearing from established government section corner or quarter

corner; or distances from section lines, and indicate ¼ ¼, section number, township, range and meridian; include map). a. Devil’s

Thumb Ranch Well No. 1, located in the SW1/4SE1/4 of section 9, T. 1 S., R. 75 W. of the 6th PM. at a point whence the SE corner of

said section 9 bears South 89°10’ East a distance of 2,460 feet. Source: ground water tributary to Ranch Creek. Depth: approximately

676 feet; b. Devil’s Thumb Ranch Well No. 2, located in the NW1/4NE1/4 of section 16, T. 1 S., R. 75 W of the 6th P.M., located 100

feet from the north section line and 2,400 feet from the East section line of said section 16. Source: ground water tributary to Ranch

Creek. Depth: approximately 726 feet; c. Devil’s Thumb Ranch Well No. 3, located in the NW1/4NE1/4 of section 16, T. 1 S., R. 75 W

of the 6th P.M. at a point whence the NE Corner of said section 16 bears North 77°35’ East a distance of 2,249 feet. Source: ground

water tributary to Ranch Creek. Depth: approximately 400 feet; d. Devil’s Thumb Ranch Well No. 4, located in the NW1/4NE1/4 of

section 16, T. 1 S., R. 75 W of the 6th P.M., 490 feet from the north section line and 2,460 feet from the east section line of said section

16. Source: ground water tributary to Ranch Creek. Depth: approximately 400 feet; e. Devil’s Thumb Ranch Well No. 5,

NE1/4NW1/4 of section 16, T. 1 S., R. 75 W of the 6th P.M., 515 feet from the north section line and 2,400 feet from the west section line

of said section 16. Source: ground water tributary to Ranch Creek. Depth: approximately 700 feet; f. Devil’s Thumb Ranch Well No.

6, NE1/4NW1/4 of section 16, T. 1 S., R. 75 W of the 6th P.M., 130 feet from the north section line and 2,275 feet from the west section

line of said section 16. Source: ground water tributary to Ranch Creek. Depth: approximately 700 feet, and; g. Devil’s Thumb Ranch

Well No. 7, SE¼SW¼ of Section 9, T. 1 S., R. 75 W of the 6th

P.M. at a point approximately 250 feet from the south section line and

approximately 2,140 feet from the west section line of the said Section 9. Source: ground water tributary to Ranch Creek. Depth:

approximately 700 feet. 1.3 A. Date of appropriation: May 8, 2012. B. How appropriation was initiated: formation of intent and on-

site engineering inspection. C. Date water applied to beneficial use: CONDITIONAL. 1.4 Amount claimed: 15 gpm, conditional for

each well. 1.5 Amount claimed in acre feet annually: a. Well No. 1, 12.23 acre-feet per year; b. Well No. 2, 16.20 acre-feet per year; c.

Well No. 3, 12.23 acre-feet per year; d. Well No. 4, 24.20 acre-feet per year; e. Well No. 5, 24.20 acre-feet per year; f. Well No. 6,

24.20 acre-feet per year, and; g. Well No. 7, 24.20 acre-feet per year. Amounts for Wells 1 – 3 are in excess of previously decreed

limitations. Total amount withdrawn through Well Nos. 1 – 7 combined under this decree will not exceed 44.95 acre-feet annually.

JUNE 2012 RESUME

WATER DIVISION 5 PAGE 2

1.6 Proposed use: in-building domestic and commercial uses. 1.7 Name(s) and address (es) of owner(s) of the land upon which any

structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use:

Applicant owns or controls the land on which all structures described in this application are located. 1.8 Remarks: Injurious out-of-

priority depletions shall be replaced pursuant to a plan for augmentation, see section V, below. II. WATER STORAGE RIGHT 2.1

Name of Structure and Legal Description of Approximate Centroid of Structure: West Pond. The center of the West Pond is located

in the NW1/4NE1/4 of section 16, T. 1 S, R. 75 W. of the 6th P.M., 100 feet from the north section line and 1,500 feet from the east

section line of said section 16. West Pond is located in portions of the SE1/4SE1/4 and SW1/4SE1/4 of section 9 and the NE1/4NE1/4

and NW1/4NE1/4 of section16, T. 1 S., R. 75 W. of the 6th P.M. See map, Attachment 1. 2.2 A. Estimated Surface Area, Storage

Volume, Stream Depletion Factor, and Rate of Filling for Each Structure: The West Pond has an estimated surface acreage of 2.84

acres, the estimated storage volume and annual amount claimed is 20 acre-feet with the right to fill and refill when in priority

(conditional), the claimed rate of filling is 3 cfs. B. If Off-Channel Reservoir, Name and Capacity of Ditch or Ditches Used to Fill

Reservoir, and Legal Description of Each Point of Diversion: (Include distance and bearing from established government section

corner or quarter corner, or distances from section lines and indicate ¼ ¼, section number, township, range and meridian; include

map): West Pond is an existing pond located off-channel and, in addition to the rights previously decreed in 03CW094, will be filled

from the Klein Ditch which diverts from the west bank of Ranch Creek whence the E1/4 Section Corner Sec. 16, T. 1 S., R. 75 W, 6th

P.M. bears N. 51° 40’ E. 1347 feet. 2.3 Source: Ranch Creek. 2.4 A. Date of Appropriation: May 8, 2012. B. How appropriation was

initiated: formation of intent and on-site engineering inspection. C. Date water applied to beneficial use: CONDITIONAL. 2.5 Use:

augmentation, irrigation, recreation, piscatorial. 2.6 Name(s) and address (es) of owner(s) of the land upon which any structure is or

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

controls the land on which all structures described in this application are located. 2.7 Remarks: Injurious out-of-priority depletions

shall be replaced pursuant to a plan for augmentation, see section V, below. III. SURFACE WATER RIGHT 3.1 Name of Structure:

West Pond Irrigation Pump. 3.2. Legal Description: NW1/4NE1/4 of section 16 T. 1 S., R. 75 W. of the 6th

P.M. 10 feet from the

north section line and 1,800 feet from the east section line of said section 16. 3.3 Legal Description of Each Point of Diversion:

NW1/4NE1/4 of section 16 T. 1 S., R. 75 W. of the 6th

P.M. 10 feet from the north section line and 1,800 feet from the east section line

of said section 16. 3.4 Source: West Pond, see section II, above. 3.5 A. Date of Appropriation: May 8, 2012. B. How appropriation

was initiated: formation of intent and on-site engineering inspection. C. Date water applied to beneficial use: CONDITIONAL. 3.6

Amount Claimed: 100 gpm, not to exceed 7.85 acre-feet of annual diversions and 7.26 acre-feet of consumptive use annually.

CONDITIONAL. 3.7 Use: Irrigation of up to 5.5 acres. CONDITIONAL. 3.8 Name(s) and address(es) of owner(s) of the land upon

which any structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial

use: Applicant owns or controls the land on which all structures described in this application are located. 3.9 Remarks: Injurious out-

of-priority depletions shall be replaced pursuant to a plan for augmentation, see section V, below. IV. CHANGE OF WATER RIGHT

4.1 Decreed name of structure for which change is sought: Klein Ditch. From previous Decree: Date Entered: March 18, 1915; Case

No. CA 259; Court: Grand County District Court. Decreed point of diversion: The west bank of Ranch Creek whence the E1/4

Section Corner Sec. 16, T. 1 S., R. 75 W. of the 6th

P.M. bears N. 51° 40’ E. 1347 feet. See Corrected Decree October 2, 1939. A.

Source: Ranch Creek B. Appropriation Date: August 31, 1891; Amount: 3 cfs. C. Historic use: Irrigation. A map showing the

approximate location of the historically irrigated land is attached as Attachment 2 and a summary of diversion records and calculated

historical depletions is attached hereto as Attachment 3. 4.2 Proposed change: Applicant proposes to change the use of a portion of

the water right decreed to the Klein Ditch from irrigation use to irrigation, augmentation and storage for irrigation, recreation,

piscatorial and augmentation uses in the West Pond. The annual augmentation requirements for the out-of-priority depletions

attributable to the water rights described in Section 3.1 will total up to 14.0 acre-feet. This total does not include augmentation

requirements for existing uses of Well Nos. 1, 2 and 3 already established under other decrees; Applicant will continue to comply with

those plans for augmentation. Applicant proposes to dry-up up to 12.6 acres historically irrigated by the Klein Ditch to cover out-of-

priority depletions. The West Pond decreed by this Court in Case No. 03CW094 will then be used to store depletion credit derived from

dry-up of the historical irrigation of the said acreage removed from irrigation under the Klein Ditch. The Klein Ditch will cease diverting

up to 0.75 cfs of its water right for irrigation and the monthly credits will be diverted to the West Pond. Part of the credits will pass

through the pond to Ranch Creek to replace the irrigation season depletions attributable to uses herein; the remaining credits will be stored

in the West Pond for later release to Ranch Creek for replacement of monthly non-irrigation season depletions attributable to the uses

herein, pursuant to the plan for augmentation described in Section V, below. 4.3 Name(s) and address(es) of owner(s) of the land on

which structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use.

Reserve at Elkhorn Ridge Owners Association, 550 39th

Street, Suite 301, Des Moines, IA 50312 is the owner of the lands on which

the diversion structure for the Klein Ditch is located. Applicant owns or controls the land or right-of-way on which all other structures

described in this application are located. V. PLAN FOR AUGMENTATION 5.1 Names of structures to be augmented: a. Devil’s

Thumb Ranch Well No. 1 (Permit No. 66165-F), located in the SW1/4SE1/4 of section 9, T. 1 S., R. 75 W. of the 6th PM. at a point

whence the SE corner of said section 9 bears South 89°10’ East a distance of 2,460 feet; b. Devil’s Thumb Ranch Well No. 2, (Permit No.

22773-F) located in the NW1/4NE1/4 of Section 16, T. 1 S., R. 75 W. of the 6th P.M., located 100 feet from the north section line and

2,400 feet from the East section line of said section 16; c. Devil’s Thumb Ranch Well No. 3, (Permit No. 66164-F) located in the

NW1/4NE1/4 of section 16, T. 1 S., R. 75 W. of the 6th P.M. at a point whence the NE Corner of said section 16 bears North 77°35’ East

JUNE 2012 RESUME


a distance of 2,249 feet; d. Devil’s Thumb Ranch Well No. 4 (Permit No. 66039-F), located in the NW1/4NE1/4 of section 16, T. 1 S., R.

75 W. of the 6th P.M., 490 feet from the north section line and 2,460 feet from the east section line of said section 16; e. Devil’s Thumb

Ranch Well No. 5, (unpermitted, not yet drilled) NE1/4NW1/4 of section 16, T. 1 S., R. 75 W. of the 6th P.M., 515 feet from the north

section line and 2,400 feet from the west section line of said section 16; f. Devil’s Thumb Ranch Well No. 6, (unpermitted, not yet

drilled) NE1/4NW1/4 of section 16, T. 1 S., R. 75 W. of the 6th P.M., 130 feet from the north section line and 2,275 feet from the west

section line of said section 16; g. Devil’s Thumb Ranch Well No. 7, (unpermitted, not yet drilled) SE¼SW¼ of Section 9, T. 1 S., R. 75

W. of the 6th

P.M. 250 feet from the south section line and 2,140 feet from the west section line of the said Section 9; h. West Pond

(spillway structure), NE1/4NE1/4 of section 16, T01S, R75W of the 6th P.M., 250 feet from the north section line and 1,225 feet from the

east section line of said section 16, and; i. West Pond Irrigation Pump, NW1/4NE1/4 of section 16, T01S, R75W of the 6th P.M., 10 feet

from the north section line and 1,800 feet from the east section line of said section 16. 5.2 Are there other water rights diverted from the

structures? Yes, as to structures listed in section 5.1 a – d and h, see sections I and II, above. No, as to the remaining structures. 5.3

Previous decree(s) for water right(s) to be used for augmentation: See Section IV, above. 5.4 Statement of plan for augmentation,

covering all applicable matters under CRS 37-92-103(9), 302(1)(2) and 305(8). Give full details of plan, including a description of all

water rights to be established or changed by the plan. Applicant will continue to operate under the decree in W-3156 and the plans for

augmentation decreed in Case Nos. 03CW94 and 05CW209. In addition, up to 12.6 acres of the land historically irrigated using the Klein

Ditch will be permanently removed from irrigation and the Klein Ditch will cease diverting up to 0.75 cfs of its water right. The monthly

historical consumptive use credit created by this dry-up will pass downstream to the West Pond and will be stored therein to augment

depletions not part of Case Nos. 03CW94 or 05CW209. The stored consumptive use credit will be released at times and in amounts to

replace the unaugmented monthly depletions from the Well Nos. 1 – 7 and irrigation from the West Pond Irrigation Pump. Attachment 1

is a location map that shows the West Pond, the locations of Well Nos. 1 – 4 and the proposed locations for Well Nos. 5 – 7.

Attachment 2 is the area historically irrigated by the Klein Ditch, and the portion of such area that will be permanently removed from

irrigation. The total estimated future depletion due to West Pond evaporation and lawn and landscape irrigation is up to 14.0 acre-feet

per year. Applicant proposed the following terms and conditions: 1) Applicant will maintain the existing totalizing flow meters on Devil’s

Thumb Ranch Well Nos. 1, 2, and 3, Ranch Creek Pump, and the West Pond irrigation pump. Pumpage volumes will be recorded

monthly. Applicant will install and maintain totalizing flow meters on Devil’s Thumb Ranch Well Nos. 4, 5, 6, and 7, respectively, prior

to the diversion of groundwater through the respective well. The wells will supply all potable uses for the resort including domestic and

livestock uses. The wells will not be used for irrigation. 2) The maximum annual volume of pumping from all wells will not exceed

44.95 acre-feet. The augmentation plan is formulated to replace up to 6.74 acre-feet of consumptive use caused by up to 44.95 acre-feet

of pumping through Well Nos. 1 -7. The consumptive use will be calculated by multiplying the monthly pumpage by the following

factors:

Month Consumptive Use %

November 16

December 15

January 14

February 15

March 14

April 14

May 15

June 19

July 15

August 15

September 15

October 14

3)Applicant will rely on the area-capacity tables presented in Attachment 4 for West Pond. Water storage levels will be monitored and

recorded monthly. 4) Applicants will continue to comply with the terms and conditions decreed in Case Nos. W-3156, 03CW94 and

05CW209 and this decree shall not supplant or modify those decrees. 5) The 12.6 acres of irrigated meadow under the Klein Ditch

designated on Attachment 2 will be dried up and will not be irrigated in the future without notice and judicial approval. The dry-up will

yield the following monthly volumes of water for regulation in the West Pond: May, 1.7 acre-feet; June, 8.3 acre-feet; July, 5.0 acre-feet;

August, 0.5 acre-foot; September, 0.3 acre-foot; October, -0.2 acre-foot; November, -0.9 acre-foot; December, -0.4 acre-foot; January, -

0.2 acre-foot; February, -0.1 acre-foot; March and April, 0.0 acre-foot. The negative values represent stream accretions due to historical

return flows. 6) Applicant will limit future diversion from the Klein Ditch to 2.25 cfs for irrigation of the remaining 38 acres. The

remaining 0.75 cfs will be delivered to the West Pond for irrigation uses at the resort’s landscaped areas, for replacement of historical

return flows and replacement of injurious out-of-priority depletions caused by pumping of Well Nos. 1 - 7 that are not otherwise fully

augmented by operation of Case Nos. W-3156 and 03CW094. 7) Applicant will limit diversions at the West Pond irrigation pump to 7.85

acre-feet per year. 8) Applicant will submit a water accounting summary to the Water Commissioner annually or at more frequent

intervals, if requested, on forms similar to that shown in Attachment 5. The forms may be revised at the direction of the Water

Commissioner or Division Engineer. (16 pages)

JUNE 2012 RESUME


YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of AUGUST 2012 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: $130.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO

81601.






12CW105 PITKIN COUNTY. E. Sopris Creek, trib. to Sopris Creek, trib. to the Roaring Fork River, trib. to the Colorado River.

Application for Finding of Reasonable Diligence. Applicant: Andlinger Properties Capital Corp. c/o Sara M. Dunn, Esq., Balcomb &

Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602, (970) 945-6546. Structures: Finley No. 1 - Johnson Power Plant

Enlargement. Information from previous decree for subject cond. water rights: Orig. Decree: 5/11/1987. Case No. 86CW314, Water

Ct. Div. No. 5. Reasonable findings of diligence have been made by this Ct. in Case Nos. 93CW055, 99CW121 and 05CW230.

Location: Sec. 22, T. 9 S., R. 87 W., 6th PM at a pt. from whence the SW Corner of Sec. 23, T. 9 S., R. 87 W., 6th PM bears N. 19

deg. 34’51” W. 1,430 ft. otherwise described as: SE1/4 SE1/4, Sec. 22 at a pt. Approx. 375 ft. N. of the S. Sec. line and 1,000 ft. E. of

the W. Sec. line of said Sec. 22. An alternate pt. of diversion for the Finley No. 1 – Johnson Power Plant Enlargement was decreed in

Case No. 97CW115, Water Div. No. 5, located at a pt. 120 ft. W. of the E. Sec. Line and 1,700 ft. S. of the N. Sec. Line of Sec. 22, T.

9 S., R. 87 W., 6th P.M. Approp. Date: 8/20/1986. Amt: 7.0 cfs, cond. Use: Hydroelectric power generation. In the six years

preceding the filing of the Applicant, Applicant has diligently pursued development of the subject water right. The Application on file

with the Court contains a detailed outline of the work performed during the diligence period. Owner of the land upon which the pts. of

diversion for the Finley No. 1 – Johnson Power Plant Enlargement are located, pursuant to C.R.S. § 37-92-302(3)(c): United States

Department of Agriculture, Forest Service, White River National Forest, c/o Wallace Westbrook, District Ranger with the Aspen-

Sopris Ranger Dist., P.O. Box 309, Carbondale, CO 81623. (5 pgs).






81601.






12CW106 GRAND COUNTY. Applicant: Winter Park Ranch Water & Sanitation District, 601 Park Place, P.O. Box 1390, Fraser,

CO 80442, c/o Timothy J. Beaton, Patricia M. DeChristopher and Jennifer M. DiLalla, Moses, Wittemyer, Harrison And Woodruff,

P.C., P. O. Box 1440, Boulder, Colorado 80306-1440; (303) 443-8782. APPLICATION TO CONFIRM NEW POINT OF

DIVERSION UNDER C.R.S. § 37-86-111. Water Rights Subject to Confirmation of New Point of Diversion under C.R.S. § 37-86-

111: Village Lake at Winter Park Ranch (“Village Lake”). Original decree and subsequent decrees: Village Lake was originally

decreed in Case Nos. W-3653 and W-3697, Water Court, Water Division No. 5, entered on April 16, 1979. Decrees awarding

findings of reasonable diligence were entered in Case No. 83CW34 on June 12, 1983 and in Case No. 87CW020 on May 26, 1987.

Village Lake was made absolute in Consolidated Case Nos. 93CW123 and 93CW225 by decree entered December 9, 1994. Decreed

point of diversion: Village Lake is located within the N½ of the SW¼ of Section 20, Township 1 South, Range 75 West of the 6th

P.M., Grand County, Colorado, with its inlet at a point on the Fraser River approximately 1500 feet to 2600 feet east of the west line

of said Section 20 and 1500 to 2100 feet north of the south line of said Section 20. This lake consists of two interconnected cells. The

Upper Cell, which is fed by the aforesaid inlet, is located within the NE¼ of the NW¼ of the SW¼ and the SE¼ of the NW¼ of the

SW¼ of said Section 20, and the Lower Cell, which is fed by outflow from the Upper Cell, is located within the NW¼ of the NW¼ of

the SW¼ and the NE¼ of the NW¼ of the SW¼ of said Section 20. A map showing the approximate location of the decreed point of

diversion is on file with the Water Court as Exhibit A. Source: Fraser River. Appropriation date: December 29, 1977. Amount: 28.90

acre-feet, with right to one refill in the amount of 4.86 acre-feet. Decreed uses: Irrigation and fish and wildlife propagation purposes.

Village Lake Inlet Canal, described below, provides a non-consumptive direct flow right of 1.0 cfs for prevention of stagnation.

Paragraph 14 of the decree in Case Nos. 93CW123 and 93CW225 recognizes Winter Park Ranch Water & Sanitation District’s use of

JUNE 2012 RESUME


Village Lake for augmentation purposes pursuant to the decree in Case No. W-2264. Village Lake Inlet Canal. Original decree and

subsequent decrees: Village Lake Inlet Canal was originally decreed in Case Nos. W-3653 and W-3697, Water Court, Water Division

No. 5, entered on April 16, 1979. Decrees awarding findings of reasonable diligence were entered in Case No. 83CW34 on June 12,

1983 and in Case No. 87CW020 on May 26, 1987. Village Lake Inlet Canal was made absolute in Consolidated Case Nos. 93CW123

and 93CW225 by decree entered December 9, 1994. Decreed point of diversion: The decreed headgate location is at a point on the

Fraser River in the N½ of the SW ¼ of Section 20, Township 1 South, Range 75 West of the 6th

P.M., Grand County, Colorado,

approximately 1500 feet to 2600 feet east of the west line of said Section 20 and 1500 to 2100 feet north of the south line of said

Section 20. A map showing the approximate location of the decreed point of diversion is on file with the Water Court as Exhibit B.

Source: Fraser River. Appropriation date: December 29, 1977. Amount: 1.0 cfs. Decreed use: The Village Lake Inlet Canal was

decreed as a non-consumptive direct flow right for the purpose of prevention of stagnation in Village Lake. Proposed new point of

diversion to be confirmed under C.R.S. § 37-86-111: The decreed point of diversion for Village Lake and the Village Lake Inlet Canal

is described above. The decreed point of diversion originally was in the Fraser River. The river’s channel subsequently changed,

leaving Applicant’s diversion point in an oxbow that maintained sufficient flow to permit Applicant’s headgate to divert the decreed

1.0 cfs. In 2010, however, the river’s channel again changed, cutting a new oxbow, drying out Applicant’s diversion point, and

preventing Applicant’s headgate from receiving the proper inflow of water to which Applicant is entitled. As a result of this change in

the location of the stream channel, and pursuant to its statutory right under C.R.S. § 37-86-111, Applicant seeks to extend its headgate

such distance upstream as is necessary to secure a sufficient flow of water into the headgate. Applicant further seeks to confirm the

extended upstream point of diversion as the decreed point of diversion for Village Lake and the Village Lake Inlet Canal. To that end,

the decreed point of diversion for Village Lake and the Village Lake Inlet Canal is to be as follows: a point on the Fraser River in the

NE¼ of SW¼ of Section 20, Township 1 South, Range 75 West of the 6th

P.M., Grand County, Colorado, 1539 feet east of the west

line of said Section 20 and 2099 feet north of the south line of said Section 20. A map showing the approximate location of the new

point of diversion is on file with the Water Court as Exhibit B. Applicant does not seek a change in use, place of use, or amount of its

water rights. Remarks: The purpose of this application is solely to exercise Applicant’s statutory right, pursuant to C.R.S. § 37-86-111,

to extend its headgate upstream following a change in the river’s channel that prevents Applicant from receiving the proper inflow of

water to which it is entitled at the decreed point of diversion. Applicant does not request new water rights, or any change in the use,

place of use, or amount of its water rights. Applicant’s statutory extension of its headgate upstream remains subject to all terms and

conditions set forth in the decree in Case Nos. 93CW123 and 93CW225. Applicant does not anticipate that this change in decreed

point of diversion pursuant to C.R.S. § 37-86-111 will interfere with the complete use or enjoyment of any ditch, canal, or feeder. The

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

any existing diversions 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: Town of Fraser, P.O. Box 370, Fraser, Colorado 80442. (5 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of AUGUST 2012 to file with the Water Clerk a





81601.






12CW107 EAGLE COUNTY; ROARING FORK RIVER. Fox Run Meadows Homeowners Association, c/o Michael J. Sawyer,

Esq. and Jeffrey J. Conklin, Esq., Karp Neu Hanlon, P.C., 201 14th

Street, Suite 200, Glenwood Springs, CO 81601. Application for

Finding of Reasonable Diligence. Name of structures: Sirous Well Nos. A, B, C and D. Date of original decree: July 22, 1992 in Case

No. 91CW276, District Court, Water Div. 5. Subsequent decrees awarding findings of diligence: Case No. 98CW125, entered on

3/1/1999, and Case No. 05CW39, entered on 6/1/2006. Sirous Well No. A is located in the NE ¼ SE ¼ of Sec. 28, T 7 S, R. 87 W., 6th

PM, at a point whence the East Quarter Corner of said Section 28 bears North 62º21’14” East a distance of 1,005.93 feet. Sirous Well

No. B is located in the NE ¼ SE ¼ of Sec. 28, T 7 S, R. 87 W., 6th

PM, at a point whence the East Quarter Corner of said Section 28

bears North 71º22’39” East a distance of 1,053.23 feet. Sirous Well No. C is located in the SE ¼ NE ¼ of Sec. 28, T 7 S, R. 87 W., 6th

PM, at a point whence the East Quarter Corner of said Section 28 bears South 38º42’34” East a distance of 1,478.36 feet. Sirous Well

No. D is located in the NW ¼ SE ¼ of Sec. 28, T 7 S, R. 87 W, 6th

PM, at a point whence the East Quarter Corner of said Section 28

bears North 76º54’11” East a distance of 2,328.67 feet. On 3/311997, in Case No. 96CW272 in the District Court, Water Div. #5, the

decreed locations of the Sirous Well Nos. A, B, C and D were changed to the following locations: Sirous Well No. A is located in the

NW ¼ SE ¼ of Sec. 28, T 7 S, Range 87 W., 6th

PM, at a point 3,547 feet from the N section line and 2,037 feet from the E section

line of Sec. 28. Sirous Well No. B is located in the SE ¼ NE ¼ of Sec. 28, T 7 S, R. 87 W, 6th

PM, at a point 2,503 feet from the N

JUNE 2012 RESUME


section line and 718 feet from the E section line of Sec. 28. Sirous Well No. C is located in the SE ¼ NE ¼ of Sec. 28, T 7 S, Range

87 W, 6th

PM, at a point 2,390 feet from the N section line and 754 feet from the E section line of Sec 28. Sirous Well No. D is located

in the NW ¼ SE ¼ of Sec. 28, T 7 S, R. 87 W, 6th

PM, at a point 2,946 feet from the N section line and 2,065 feet from the E section

line of Sec. 28. A water rights location map is on file with the Water Court as Exhibit A. Source: Groundwater tributary to the

Roaring Fork River. Amount: Sirous Well No. A: 50 g.p.m., conditional. Sirous Well No. B: 30 g.p.m., absolute (see Case No.

05CW39) and 20 g.p.m., conditional. Sirous Well No. C: 25 g.p.m., absolute (see Case No. 05CW39) and 25 g.p.m., conditional.

Sirous Well No. D: 50 g.p.m., conditional. Date of Appropriation: December 6, 1991, for each well. Uses: Domestic, livestock and

irrigation purposes. Well Permits. Sirous Well No. B is permitted as Well Permit No. 51116-F. Copies of the well permit, well

completion report and pump installation report are attached as Exhibit B. Sirous Well No. C is permitted as Well Permit No. 59149-F.

Copies of the well permit, well completion report and pump installation report are attached as Exhibit C. The Application provides a

detailed outline of what has been done during the diligence period toward or for completion of the appropriation and application of

water to beneficial use as conditionally decreed, including expenditures. See Exhibit D on file with the Water Court. Name and

address of owners of land upon which structures are located: Sirous Well No. B and C are located on property owned by the

Applicant. The decreed location of Sirous Well No. A is on property owned by Fox Run Meadows, LLLP, with a street address of

260 Harmony Road, Carbondale, CO 81623, and a mailing address of P.O. Box 8080, Aspen, CO 81612. The decreed location of

Sirous Well No. D is located on property owned by Alan F. and Carol A. Caniglia, 250 Harmony Road, Carbondale, CO 81623. (13

pages)






81601.






12CW108 PITKIN COUNTY. COSSEBOOM CREEK. LnS Holdings, LLC, c/o Patrick, Miller & Kropf, P.C., Kevin L. Patrick,

Esq. and Craig V. Corona, Esq., 730 E. Durant Ave., Suite 200, Aspen, CO 81611, (970) 920-1028. APPLICATION FOR FINDING

OF REASONABLE DILIGENCE. FIRST CLAIM: FOR FINDING OF REASONABLE DILIGENCE. Name of structure: JMAR

Pond System. Type: Pond. Description of conditional water right: Date of original decree: July 27, 1998. Case No.: 95CW325,

District Court, Water Division No. 5. Subsequent diligence decrees: 04CW116, June 30, 2006. Legal description: The legal

description of the center of the dam of the JMAR Pond System is in the NW ¼ SW ¼ of Section 28, Township 10 South, Range 84

West of the 6th

P.M. at a point 1660 feet from the south section line and 730 feet from the west section line of said Section 28. If off-

channel reservoir, name, capacity, and legal description of ditch used to fill reservoir: The Cooper Ditch and the Cooper Ditch JMAR

Enlargement, which has a capacity of 0.25 c.f.s. as it crosses the Applicant’s property. The point of diversion is located on the north

bank of Cosseboom Creek at a point whence the southwest corner of Section 28, Township 10 South, Range 84 West of the 6th

P.M.

bears South 33°50’ West 2570 feet. The point of diversion is located in an unsurveyed section of Township 10 South, Range 84 West

of the 6th

P.M. General description of place of use: Applicant’s property. See Figure 2 on file with the Court. Source: Cooper Ditch

and the Cooper Ditch JMAR Enlargement from Cosseboom Creek, tributary to the Roaring Fork River, tributary to the Colorado

River. Appropriation date: June 13, 1995. Total amount: 1.15 acre-feet. 0.10 acre feet decreed absolute for all uses in Case No.

95CW325. 1.05 acre-feet remains conditional for all uses. Use: Fire protection, piscatorial and aesthetic purposes, fish and wildlife

propagation, augmentation and exchange. Pond information: Maximum height of dam: 8 feet. Length of dam: 225 feet. Total capacity:

1.15 feet. Active capacity: 1.0 acre feet. Detailed outline of work toward completion of the appropriation and application of water to a

beneficial use as conditionally decreed, including expenditures: See Exhibit A on file with the Court. Applicant owns the land upon

which the structure is located and where water will be put to beneficial use. SECOND CLAIM: FOR FINDING OF REASONABLE

DILIGENCE. Name of structure: JMAR Aug Pond. Type: Pond. Description of conditional water right: Date of original decree: July

27, 1998. Case No.: 95CW325, District Court, Water Division No. 5. Subsequent diligence decrees: 04CW116, June 30, 2006. Legal

description: The outlet of the JMAR Aug Pond is in the NW ¼ SW ¼ of Section 28, Township 10 South, Range 84 West of the 6th

P.M. at a point 1830 feet from the south section line and 730 feet from the west section line of said Section 28. Note: A corrected

decree was issued in Case No. 95CW325 on August 3, 2006 to correct a typographical error in the original decree which stated the

location of the JMAR Aug Pond as being in Section 29 rather than Section 28. If off-channel reservoir, name, capacity, and legal

description of ditch used to fill reservoir: The Cooper Ditch and the Cooper Ditch JMAR Enlargement, which has a capacity of 0.25

c.f.s. as it crosses the Applicant’s property. The point of diversion is located on the north bank of Cosseboom Creek at a point whence

the southwest corner of Section 28, Township 10 South, Range 84 West of the 6th

P.M. bears South 33°50’ West 2570 feet. The point

JUNE 2012 RESUME


of diversion is located in an unsurveyed section of Township 10 South, Range 84 West of the 6

th P.M. General description of place of

use: Applicant’s property. See Figure 2 on file with the Court. Source: Cooper Ditch and the Cooper Ditch JMAR Enlargement from

Cosseboom Creek, tributary to the Roaring Fork River, tributary to the Colorado River. Appropriation date: June 13, 1995. Amount:

0.25 acre-feet, conditional. Use: Irrigation, stock watering, fire protection, piscatorial, recreational, augmentation and exchange. Pond

information: Maximum height and length of dam: N/A. Total capacity of reservoir: 0.25 acre feet. Active capacity of reservoir: 0.25

acre feet. Dead storage: None. Detailed outline of work toward completion of the appropriation and application of water to a beneficial

use as conditionally decreed, including expenditures: See Exhibit A on file with the Court. Applicant owns the land upon which the

structure is located and where water will be put to beneficial use. (9 pages)






81601.






12CW109 GRAND COUNTY - COLORADO RIVER. Cairns Ranch LLC, P.O. Box 544, Grand Lake, CO 80447, (970) 531-

7084. APPLICATION FOR APPROVAL OF PLAN FOR AUMENTATION INCLUDING EXCHANGE AND

UNDERGROUND WATER RIGHT. Name of Structure: Cairns Well No. 1. Location: Cairns Well No. 1: SW1/4NW1/4 Section

4, Township 3 North, Range 75 West, 6th

P.M. Distance from Section lines: 3,800 feet from South Section line and 1,100 feet from

West Section line, Grand County, Colorado. Source: Groundwater from bedrock formations, hydraulically connected to North Inlet,

tributary to Grand Lake, then to the Colorado River. Use: In-house domestic for fishing lodge, caretaker unit and lawn and garden

irrigation. Type of Structure: Well. Amount: 15 gpm, .6 acre feet augmentation plan. Appropriation Date for Well: April 11, 2012.

PLAN FOR AUGMENTATION INCLUDING EXCHANGE: Name and location of structures to be augmented: Cairns Well No.

1. Depth of wells: 37 feet Amount of water claimed: 15 gpm. Type of Use: In-house domestic for fishing lodge, caretaker unit and

lawn and garden irrigation. Water rights which will be used as a source of exchange water: The Middle Park Water Conservancy

District has approved a Water Allotment Contract to provide Applicant the right to an annual entitlement of .6 ac-ft of water from the

Windy Gap Project, Granby Reservoir, decreed CA 1768 and 85CW135. Applicants may also use a portion of Wolford Mountain

Reservoir storage right adjudicated in Case No. 87CW283. Additional Information: The application contains detailed information

regarding the augmentation plan including exchange involving Granby Reservoir and Wolford Mountain Reservoir. Date of

appropriation for exchange: April 11, 2012. (20 pages)






81601.






12CW110 IN PITKIN COUNTY Acacia, LLC, 2500 East Kearney, Springfield, MO 65898417-873-5008, c/o Scott Balcomb and

Scott Grosscup, Balcomb & Green P.C., P.O. Drawer 790, Glenwood Springs, CO 81601 970-945-6546, [email protected],

[email protected], State Engineer and Water Division 5 Engineer, P.O. Box 396, Glenwood Springs, CO 81602, (970)

945-5665 c/o Paul Benington, Preston V. Hartman, Assistant Attorneys General, 1525 Sherman Street, 7th Floor, Denver, CO 80203,

303-866-6161, [email protected]. PROTEST TO REVISED ABANDONMENT LIST Water rights descriptions (4):1.

Name of Structure: Mid-Continent Pump No. 1, Date of the Original Decree: Nov. 5, 1971, Case No: C.A. 5884, Garfield County

District Court, Location and Legal Description: located on the southerly side of Coal Creek at North 1°40’ East 1130 feet from the

Southwest corner of Section 11, Township 10 South, Range 89 West of the 6th P.M. Source of water: Coal Creek, Decreed use or

uses: industrial, irrigation, domestic, mechanical, recreational, and other beneficial purposes, Appropriation Date: July, 1, 1963,

Decreed Amount: 7.48 cfs, Amount listed as having been abandoned: 7.48 cfs, Former District Number and Page Number where on

JUNE 2012 RESUME


the Abandonment List: District 38, page 2. 2. Name of Structure: Mid-Continent Pump No. 2, Date of the Original Decree: Nov. 5,

1971, Case No: C.A. 5884, Garfield County District Court, Location and Legal Description: located North 27°40’ East 1200 feet from

the Southwest corner of Section 11, Township 10 South, Range 89 West of the 6th P.M., Source of water: Coal Creek, Decreed use or

uses: industrial, irrigation, domestic, mechanical, recreational, and other beneficial purposes, Appropriation Date: July, 1, 1963,

Decreed Amount: 7.48 cfs, Amount listed as having been abandoned: 7.48 cfs, Former District Number and Page Number where on

the Abandonment List: District 38, page 2. 3. Name of Structure: Mid-Continent Upper Dutch Creek Surface Water Diversion, Date of

the Original Decree: September 1, 1981, Case No: 80CW22, Water Division No. 5, Garfield County District Court, Location and

Legal Description: A pump is located in a sump next to Dutch Creek, S. 46°35’ W., 865 feet from the northeast corner of the Section

15, T. 10 S., R. 80 W., 6th P.M., Source of water: Coal Creek, Decreed use or uses: industrial, irrigation, domestic, mechanical,

recreational, and other beneficial purposes, Appropriation Date: July, 1, 1963, Decreed Amount: 7.48 cfs (alternate point of diversion),

Amount listed as having been abandoned: 7.48 cfs, Former District Number and Page Number where on the Abandonment List:

District 38, page 2. 4. Name of Structure: Mid-Continent Rock Tunnel Adit, Date of the Original Decree: September 1, 1981, Case

No: 80CW22, Water Division No. 5, Garfield County District Court, Location and Legal Description: Surface runoff and tributary

groundwater drainage collected at the mouth of the Rock Tunnel Adit which point is more particularly described as N. 76°40’ E., 600

feet from the southwest corner of Section 10, T. 10 S., R. 89 W., 6th P.M., Source of water: Coal Creek, Decreed use or uses:

industrial, irrigation, domestic, mechanical, recreational, and other beneficial purposes, Appropriation Date: July, 1, 1963, Decreed

Amount: 7.48 cfs (alternate point of diversion), Amount listed as having been abandoned: 7.48 cfs, Former District Number and Page

Number where on the Abandonment List: District 38, page 2. Acacia LLC and the State and Division 5 Engineers file this protest to

correct errors in the Revised Abandonment List. The Revised List erroneously lists the four water rights above as fully abandoned.

The Revised List should indicate that the abandoned amount for these four water rights is 6.48 cfs of the decreed 7.48 cfs, leaving a

total remainder of 1.00 cfs. Mid-Continent Pump No. 1 and Mid-Continent Pump No. 2 share this total remainder of 1 cfs, with the

Mid-Continent Upper Dutch Creek Surface Water Diversion and Mid-Continent Rock Tunnel Adit as alternate points of diversion. All

decreed uses, except irrigation, have been abandoned for all four water rights. (10 pages)


verified Statement of Opposition setting forth facts as to why this protest 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: $130.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.






12CW111(CA 1123)ROUTT COUNTY-CABIN CREEK, TRIBUTARY TO THE COLORADO RIVER. Earl Skiles; P.O. Box

12; Burns, CO 80426 (970)653-4329. Cabin Creek Basin Ditch #312-Protest to Revised Abandonment List. Location: at a point on the

Northerly bank of Cabin Creek whence the East quarter corner of Sec. 21, T.1S, R.86W of the 6th

P.M. bears North 85º15’ East 739.7

ft. Appropriation: Aug. 21, 1952. Decreed Amount: 10.2 c.f.s. Amount listed as having been abandoned: 2.2 c.f.s. Use: irrigation.

Statement of factual and legal basis for Protest is included in description. (7 pages)











12CW112 ROUTT COUNTY. SPRING TRIB. TO ELK CREEK, TRIB. TO THE COLORADO RIVER. Spring trib. to

Antelope Creek, trib. to the Colorado River. Application for Change of Water Right to Correct Clerical Error and For Finding of

Reasonable Diligence to Make Absolute in Part. Applicant: Mervyn Lapin, c/o Scott Balcomb, and Scott Grosscup, Balcomb &

Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602, Telephone: (970) 945-6546. CLAIM TO CORRECT CLERICAL

ERROR. Structure: Lapin Spring No. 1. Orig. decree: Case No. 98CW281, Dist. Ct., Water Div. No. 5, 8/3/1999. Subsequent

diligence, Case No. 05CW166, Dist. Ct., Water Div. No. 5, 6/1/2006. Location: Sec. 21, T. 1 S., R. 84 W., 6th P.M. at a pt. 2,100 ft.

W. of the E. Sec. line and 600 ft. N. of the S. Sec. line of said Sec. 21. Approp: 7/1/1998. Amt.: 50 gpm, (0.111 cfs) cond. Use: Irr.

JUNE 2012 RESUME


and to fill Wohler Reservoir. Structure: Lapin Spring No. 2. Decree info.: Location: Sec. 21, T. 1 S., R. 84 W., 6th P.M. at a pt. 600

ft. W. of the E. Sec. line and 1400 ft. N. of the S. Sec. line of said Sec. 21. Approp: 7/1/1998. Amt.: 10 gpm, (0.022 cfs) cond. Use: Irr.

and to fill Wohler Reservoir. Change Requested: Applicant requests to change the Amt. decreed to the Lapin Springs No. 1 and No. 2.

In the prep. of the diligence app. for the Lapin Springs No. 1 and No. 2, Applicant has measured the Amt. produced by the two

Springs as necessary to determine the Amt. claimed as absolute. In this process, Applicant has learned that the Amt. decreed to these

two Springs was inadvertently transposed in the Orig. app. and decree for these water rights. The actual locations of the Lapin Springs

have not changed, nor has the Amt. produced by these Springs changed. Therefore, Applicant submits that the error is clerical in

nature and that the Amt. decreed to the Lapin Spring No. 1 should be 10 gpm and the Amt. decreed to the Lapin Spring No. 2 should

be 50 gpm. There are no intervening water rights and no injury will result from this correction in the Amt. decreed to the two Springs.

CLAIM FOR FINDING OF REASONABLE DILIGENCE. Structure: Buck Pond, Lapin First Enl. Orig. decree: Case No.

98CW282, Dist. Ct., Water Div. No. 5, 8/3/1999. Subsequent diligence: Case No. 05CW162, Dist. Ct., Water Div. No. 5, 6/1/2006.

Location: NE1/4, NW1/4, Sec. 22, T. 1 S., R. 84 W., 6th P.M. at a pt. whence the NW corner of said Sec. 22 bears N. 69 deg. 21’ W. a

dis. of 2,428 ft. and 2,282 ft. from the W. Sec. line and 906 ft. from the N. Sec. line. Approp: 5/15/1992. Amt. claimed: 16.8 AF, cond.

with right to refill in priority. Use: irr. Surface area of high water line: 3.5 acres. Max. ht.: 10 ft. Length: 350 ft. Total capacity: 16.8

AF. Active capacity: 16.8 AF. Lapin Spring No. 1, desc. in app. and to be changed herein. Structure: Lapin Spring No. 2, desc. in

app. and as requested to be changed herein. Remarks: Pursuant to the decrees entered in Cases No. 05CW162 and 05CW166, the

cond. water rights desc. above are individual components of an integrated water supply system that provide water for uses upon

Applicant’s property known as Elk Creek Ranch. CLAIM FOR FINDING OF REASONABLE DILIGENCE. Applicant requests a

determination that he has been reasonably diligent in the development of the cond. water right described above. A complete list of

diligence activities is on file with this Ct. CLAIM TO MAKE ABSOLUTE. Applicant requests a finding that the following water

rights are absolute through the application to beneficial use. Buck Pond, Lapin First Enl: Date of beneficial use: 6/1/2007, by storage

of water in the Buck Pond and subsequent release for irr. purposes. Amt. and Place of use: 5.2 AF. for irr. of 10 acres located in the

N1/2, N1/2, Sec. 22 and SE1/4, SW1/4 and the SW1/4, SE1/4, Sec. 15, T. 1 S., R. 84 W., 6th P.M. Div. Records maintained by the

Div. Engineer for ea. Structure are attached to app. Lapin Spring No. 1: Date of beneficial use: 5/1/2006 Amt. and use: 25 gpm

(0.055 cfs) for irr. use. Lapin Spring No. 2: Date of beneficial use: 5/1/2006. Amt. and use: 10 gpm (0.022 cfs) for irr. use. Applicant

owns land upon which all structure are located. (14 pgs).






81601.






12CW113 THE PINEY VALLEY RANCHES TRUST, c/o Dan Leary, Trustee, P.O. Box 640, Vail, Colorado 81658. Attorneys

for Applicant: Richard A. Johnson, #16047, Stephen C. Larson, #23275, David F. Bower, #39405, JOHNSON & REPUCCI LLP,

2521 Broadway, Suite A, Boulder, Colorado 80304. PROTEST TO REVISED ABANDONMENT LIST. Description of the Water

Right: Name of Structure: Willow Creek Reservoir No. 1 (a/k/a Willow Creek Reservoir No. 1 (Lower)). Date of Original Decree:

The original decree was entered by the District Court, Water Division 5, on January 22, 1986, in Case No. 84CW715. Location and

legal description: The west abutment and spillway is located in the NW1/4 SW1/4 of Section 15, Township 3 South, Range 83 West

of the 6th P.M., at a point 1,600 feet north of the south line and 1,250 feet east of the west line of said Section 15. A map showing the

general location of the subject water right is attached hereto as Exhibit A. Source of water: Willow Creek, tributary to Alkali

Creek, tributary to the Eagle River, tributary to the Colorado River. Decreed Uses: Irrigation and livestock water.

Appropriation Date: January 1, 1955. Decreed Amount: Willow Creek Reservoir No. 1 was originally awarded a 20.1 acre-feet water

storage right, absolute for irrigation and livestock purposes, and conditional for municipal, commercial, recreation and domestic

purposes. Pursuant to the decree entered June 12, 1990 in Case No. 89CW242, Water Division 5, 10.1 acre-feet of the 20.1 acre-feet

conditionally decreed was abandoned. Pursuant to order of abandonment entered March 23, 1994 in Case No. 89CW242, Water

Division 5, the remaining conditional amount was decreed abandoned. The Piney Valley Ranches Trust (“PVRT”) is the present

owner of the 20.1 acre-feet decreed to Willow Creek Reservoir No. 1 for irrigation and livestock purposes. Amount Listed as Having

Been Abandoned: 20.1 acre-feet. Factual and Legal Basis for this Protest: PVRT has maintained and utilized Willow Creek

Reservoir No. 1 throughout the subject abandonment period. Attached hereto as Exhibit B are photographs showing that Willow

Creek Reservoir No. 1 and its related facilities have been maintained and that Willow Creek Reservoir No. 1 has been filled for

beneficial use. The gate on the reservoir was vandalized in the past so the reservoir did not always fill properly, but the gate has been

JUNE 2012 RESUME


repaired and PVRT continues to maintain Willow Creek Reservoir No. 1 to this day. The repair of the diversion structures alone

overcomes the presumption of intent to abandon. See Haystack v. Fazio, 997 P.2d 548 (Colo. 2000); Southeastern Colo. Water

Conservancy District v. Twin Lakes Assoc. 770 P.2d 1231 (Colo. 1989). Additionally though, PVRT continues to use Willow Creek

Reservoir No. 1 to water sheep which move through the area surrounding the reservoir each spring. The continued maintenance and

use of the reservoir are clear evidence that PVRT did not and has not abandoned the Willow Creek Reservoir No. 1 water right. (2

pages not including verification or exhibits).











12CW114 THE PINEY VALLEY RANCHES TRUST, c/o Dan Leary, Trustee, P.O. Box 640, Vail, Colorado 81658. Attorneys

for Applicant: Richard A. Johnson, #16047, Stephen C. Larson, #23275, David F. Bower, #39405, JOHNSON & REPUCCI LLP,

2521 Broadway, Suite A, Boulder, Colorado 80304. PROTEST TO REVISED ABANDONMENT LIST. Description of the Water

Right: Name of Structure: Willow Creek Reservoir No. 1 Enlargement (a/k/a Willow Creek Reservoir No. 1 (Upper)). Date of

Original Decree: The original decree was entered by the District Court, Water Division 5, on January 22, 1986, in Case No.

84CW715. Location and legal description: The west abutment is located in the NW1/4 SW1/4 of Section 15, Township 3 South,

Range 83 West of the 6th P.M., at a point 1,525 feet north of the south line and 1,075 feet east of the west line of said Section 15. A

map showing the general location of the subject water right is attached hereto as Exhibit A. Source of water: Willow Creek,

tributary to Alkali Creek, tributary to the Eagle River, tributary to the Colorado River. Decreed Uses: Irrigation, livestock

water and recreation purposes. Appropriation Date: December 27, 1984. Decreed Amount: Willow Creek Reservoir No. 1

Enlargement was originally decreed for 180 acre-feet, conditional. Pursuant to the decree entered June 12, 1990 in Case No.

89CW242, Water Division 5, 8.0 acre-feet of the Willow Creek Reservoir No. 1 Enlargement (Upper) water right was made absolute

for irrigation, stock watering and recreational purposes and 172 acre-feet was abandoned and cancelled for all decreed purposes.

Pursuant to the order of abandonment entered March 23, 1994 in Case No. 89CW242, the remaining conditionally decreed water right

for the Willow Creek Reservoir No. 1 Enlargement (i.e. the 8.0 acre-feet for municipal, commercial and domestic purposes) was

cancelled. The Piney Valley Ranches Trust (“PVRT”) is the present owner of the 8.0 acre-feet decreed to the Willow Creek Reservoir

No. 1 Enlargement for irrigation, stock watering and recreation purposes. Amount Listed as Having Been Abandoned: 8.0 acre-feet.

Factual and Legal Basis for this Protest: PVRT has maintained and utilized Willow Creek Reservoir No. 1 Enlargement throughout

the subject abandonment period. Attached hereto as Exhibit B are photographs showing that Willow Creek Reservoir No. 1

Enlargement and its related facilities have been maintained and that Willow Creek Reservoir No. 1 Enlargement has been filled for

beneficial use. The gate on the reservoir was vandalized in the past so the reservoir did not always fill properly, but the gate has been

repaired and PVRT continues to maintain Willow Creek Reservoir No. 1 Enlargement to this day. The repair of the diversion

structures alone overcomes the presumption of intent to abandon. See Haystack v. Fazio, 997 P.2d 548 (Colo. 2000); Southeastern

Colo. Water Conservancy District v. Twin Lakes Assoc. 770 P.2d 1231 (Colo. 1989). Additionally though, PVRT continues to use

Willow Creek Reservoir No. 1 Enlargement to water sheep which move through the area surrounding the reservoir each spring. The

continued maintenance and use of the reservoir are clear evidence that PVRT did not and has not abandoned the Willow Creek

Reservoir No. 1 Enlargement water right. (2 pages not including verification or exhibits)











12CW115 CONCERNING THE PROTEST OF KUMMER DEVELOPMENT CORPORATION TO REVISED ABANDONMENT

LIST OF WATER RIGHTS INVOLVING WATER RIGHT IN EAGLE COUNTY. 1. Name, mailing address, email address and

JUNE 2012 RESUME


telephone number of Protestant: Kummer Development Corporation. Attn: Matt Shoulders. P.O. Box 659. Eagle, CO

[email protected] 970-328-2326. Please direct all pleadings and correspondence to Protestant’s counsel Arthur

B. Ferguson, Jr., Holland & Hart LLP, 600 East Main Street, Suite 104, Aspen, CO 81611-1991, (970) 925-3476 and Meghan N.

Winokur, Holland & Hart LLP, 555 17th Street, Suite 3200, Denver, CO 80202, (303) 295-8000). 2. Description of the water right:

A. Name of structure: Salt Creek Ditch. B. Decreed name of water right: Salt Creek Ditch First Enlargement (“subject water right”).

C. Decree information: The subject water right was decreed on October 3, 1936 in Civil Action No. 963 (District Court in and for

Eagle County) for 0.54 c.f.s. absolute and 0.4 c.f.s. conditional. The conditional portion of the subject water right, in the amount of

0.4 c.f.s., was made absolute in Case No. W-137 by decree dated June 24, 1971. D. Location: The decreed point of diversion of the

Salt Creek Ditch is on the right bank of Salt Creek at a point whence A.P. No. 4, Tract 75, Township 5 South, Range 84 West of the

6th P.M., bears North 11° 38’ West 3,111.63 feet; also described as a point in the NE1/4SW1/4 of Section 24, T.5S., R.84W. of the 6th

P.M. 1400 feet from the South section line, 3330 feet from the West section line. E. Source of water: Salt Creek, tributary to the

Eagle River, tributary to the Colorado River, F. Decreed Use: Irrigation G. Appropriation Date: September 1, 1923. H. Decreed

Amount: 0.94 c.f.s. I. Amount Listed as Having Been Abandoned: 0.94 c.f.s. J. Former District number and page number where

listed on revised abandonment list: (i) Water District 37 (ii) Listed on page 2 of the revised abandonment list for Water Division 5

3. Factual and Legal Basis for this Protest: A. Protestant is the owner of the subject water right and has no intent to abandon such

right. B. The Salt Creek Ditch is the only source of water capable of irrigating lands on the Salt Creek parcel to the east of Salt

Creek, which Protestant has historically irrigated with the subject water right. Protestant intends to continue using the subject water

right for such irrigation. C. The Salt Creek Ditch was not usable during construction associated with realignment of Salt Creek Road,

which Protestant believes commenced in 1994. Protestant confirmed with Eagle County that such construction was completed in

1996. Nonuse of the subject water right during this period was due to circumstances outside of Protestant’s control and is therefore

not evidence of unreasonable nonuse or intent to abandon. D. Protestant’s ranch foreman has personal knowledge that diversion and

use of the subject water right resumed approximately two years after completion of the Salt Creek Road realignment and continued for

several years thereafter. E. Protestant cleaned the Salt Creek Ditch in 1997, which is reflected in the State’s diversion records

comments. F. Protestant installed a new headgate and flume on the Salt Creek Ditch in 2009. A photograph showing the headgate is

attached as Exhibit A to the Protest. G. Protestant’s current general manager has personal knowledge that diversion and use of the

subject water right has occurred since 2009. H. Protestant dredged the Salt Creek Ditch in 2011 to ensure that it may divert at full

capacity and is actively diverting water for irrigation. Photographs of the ditch are attached as Exhibit B to the Protest. In the spring

of 2012, consistent with historical practices at Adam’s Rib Ranch, Protestant used a backhoe to remove the majority of the silt from

the entry of the Salt Creek Ditch headgate prior to opening the headgate. Protestant will periodically remove debris and silt to allow

for the best flow of water possible. I. Protestant has historically intended and continues to intend that the subject water right be used

for irrigation of land within the Frost Creek and Salt Creek PUD, including the 550-acre Salt Creek parcel. Relevant planning efforts

include, but are not limited to the following: (i) In 1999, Protestant began serious planning efforts on the current Frost Creek and Salt

Creek PUD. (ii) In 2002, Protestant made plans for raw water irrigation of open space and 21 lots on the Salt Creek parcel. (iii) In

2005, the Frost Creek and Salt Creek PUD was amended to move 20 of those 21 lots to the Frost Creek parcel and change the plans

for the Salt Creek parcel to include one lot, an equestrian center, open space, pasture, and agricultural land. (iv) In 2008, Eagle

County approved Protestant’s special use permit application to build an equestrian center on the Salt Creek parcel. That approval

requires maintenance of agricultural lands and the placement of a conservation easement on the Salt Creek parcel. Continued use of

the water rights that have historically irrigated this land, including the subject water right, is critical to Protestant’s compliance with

the County’s requirements. J. Protestant continued as appropriate the historical irrigation practices of land within the Frost Creek and

Salt Creek PUD throughout the above-described planning efforts. K. Protestant acknowledges that the above-described evidence is

not consistent with the Water Commissioner’s notes in the State’s diversion records. Although Protestant has not directly

communicated with the Water Commissioner regarding this matter, Protestant believes that this discrepancy results from the fact that

the legal description for the Salt Creek Ditch in Colorado’s Decision Support Systems database is significantly upstream of and on the

other side of the road from the decreed and actual point of diversion. The GPS survey coordinates for the actual location of the Salt

Creek Ditch headgate are Northing 4,384,723.19 meters, Easting 349,187.21 meters (these coordinates are provided in UTM-13

Format). Moreover, the Salt Creek Ditch is difficult to find because it is located in a marshy, overgrown riparian area. It is

Protestant’s understanding that the Water Commissioner conducted a site visit after the water right was listed on the 2010

abandonment list, and located the Salt Creek Ditch head gate. Protestant believes that another site visit may help resolve these issues

and will coordinate such a visit upon request. L. Protestant’s November 8, 2011 letter to Division Engineer Alan C. Martellaro, P.E.,

which is attached as Exhibit C to the Protest, describes the communications between Protestant and the Division Engineer’s Office

regarding this matter. M. The above-described evidence of use of the subject water right demonstrates that there has been no

unreasonable period of nonuse. N. Protestant’s use of the subject water right; consistent Salt Creek Ditch maintenance, repair and

improvement efforts; and development planning activities demonstrate Protestant’s lack of intent to abandon the subject water right.

O. Protestant reserves the right to provide additional factual and legal bases for its position. (10 pages)




mailto:[email protected]

JUNE 2012 RESUME









10CW221 (02CW201)EAGLE COUNTY-GEOTHERMAL SPRING TRIBUTARY TO THE COLORADO RIVER. Jerome &

Ruth Butters; 1177 Colorado River Road; Gypsum, CO 81637 (970)524-6999. Piel Spring-Amended Application To Make Absolute

and for Change of Water Right. Decreed location: NE¼SE¼ of Sec. 31, T.4S, R.86W., 6th

P.M. 2,200 ft. from the south sec. line and

3,700 ft. from the west sec. line. Appr. date: Feb. 19, 1996. Amount: 0.10 cfs, conditional to be made absolute. Use: noncommercial

bathing, medicinal & health purposes. Proposed change to correct legal point of diversion: SE¼NE¼SE¼ of Sec. 31, T.4S, R.86W.,

6th

P.M. 608 ft. west of the east sec. line and 1,765 ft. north of the south sec. line An outline of work completed during the diligence

period is included in the application. (4 pages)






81601.






10CW281 GARFIELD COUNTY, First Amended Application-Application Requesting Findings of Reasonable Diligence and

Change of Water Rights of Steven Keinath. Applicant filed an application on 11/30/2010 for a finding of reasonable diligence and to

make absolute, for the water rights associated with his property located at 0864 CR 339, Parachute. Pursuant to Uniform Water Court

Rule 3(c), Applicant has amended his application for finding of reasonable diligence for the water rights conditionally decreed in Case

No. 96CW300 (diligence finding in 03CW179) with additional claims for changes of water rights to correct the locations and uses of

the conditional water right structures. Since filing the 11/30/11 Application, Applicant has determined that the as-built locations of

certain structures in the Application are located more than 200 ft. from their decreed locations and the irrigation use decreed to the

Keinath Pond No. 2 is actually being satisfied by the Keinath Main House Pond. The Application is amended as follows: Para. 6.a.:

The Keinath Ditch No. 1 Diversion is located in the NW1/4 SW1/4 of Sec. 9, T8S, R96W, 6PM, approx. 2440 ft. from S. Sec. Line,

40 ft. from the W. Sec. Line of Sec. 9. Para. 7.a.: The Keinath Pump and Pipeline Diversion is located in NE1/4 NE1/4 Sec. 5, T8S,

R96W, 6PM approx. 770 ft from the N. Sec. Line, 700 ft. from E. Sec. Line of Sec. 5. Para. 8.a.: The center of the Keinath Main

House Pond is located SW1/4 SW1/4 Sec. 4, T8S, R96W, 6PM approx. 950 ft. from S. Sec. Line, 510 ft. from W. Sec. Line of Sec. 4.

Para. 9.a.: The center of the Keinath Pond No. 2 is located in SW1/4 SE1/4 of Sec. 5, T8S, R96W, 6PM, approx. 530 ft. from S. Sec.

Line, 1840 ft. from E. Sec. Line of Sec. 5. See. Map, Fig. 1 attached to application. And Para. 8.e.; 9.e.; 13.c.; and 14.c. to move the

irrigation use from the Keinath Pond No. 2 to the Keinath Main House Pond. To amend Para. 10.e.: Applicant is irrigating 56.8 acres

within the property. Of this area, 55 ac. is comprised of alfalfa and hay pasture which derives its primary supply from the Keinath

Pump and Pipeline supplemented by the Keinath Ditch No. 1 when water is legally and physically available in Alkalai Creek. The

remaining 1.8 ac., as depicted on Fig. 1, is comprised of lawn and garden areas around the Keinath main house and derives its primary

supply from the Keinath Main House Pond, filled via the Keinath Pump & Pipeline. The Keinath Wells No. 1 and 2 are not currently

being used to fill the ponds. To amend Para. 13.b. to request that 1.21 AF (active storage via pumping) of the 10 AF cond. decreed to

the Main House Pond be recognized as abs. with surface area 0.22 ac. based on the current as constructed capacity evidenced by the

pond volume calculation Table 1. The Keinath Main House Pond does not have a dam structure, it was excavated to approximately 10

feet below grade and the excavated soil was used to construct embankments around the pond. Para. 14.b. shall be amended to request

that 2.56 acre feet (dead storage) of the 10 AF conditionally decreed to the Keinath Pond No. 2 recognized as abs. with a surface area

of 0.49 ac. based on the current as constructed capacity evidenced by the pond volume calculation Table 2. Keinath Pond No. 2 do not

have dam structures, it was excavated to approximately 7 feet below grade and the excavated soil was used to construct embankments

around the pond.




JUNE 2012 RESUME




81601.






12CW78 MESA COUNTY, GROUND WATER TRIBUTARY TO THE COLORADO RIVER. Applicant: A & G Partnership,

710 S. 15th

Street, Grand Junction, CO 81501, (970) 242-8134, Attorney for Applicant: J. Richard Livingston, Livingston & Mumby,

LLC, 2764 Compass Dr., Ste 200A, Grand Junction, CO 81506, (970) 242-7322. Name of structure: Orchard Grove Industrial Park

Pit. Type of application: Application for Finding of Reasonable Diligence. Source: Ground water tributary to the Colorado River.

Location: SE¼SW¼ of Section 5 and NE¼NW¼ of Section 8, Township 1 South, Range 1 West, Ute Principal Meridian. The center

of the Orchard Grove Industrial Park Pit is located approximately 600 feet West of the South ¼ Corner of Section 5. Type of use: De-

watering of pit during mining, evaporation, dust suppression and losses through aggregate removal and processing, all in connection

with the mining of sand, gravel and related products, and with the reclamation of the land during and after completion of such mining.

Appropriation Date: November 20, 1990. Type of structure: Gravel Pit. Quantity: 82.85 acre feet per year, of which 59.86 acre feet

per year has previously been made absolute; Applicant seeks a finding of reasonable diligence as to the remaining 22.99 acre feet.

Name and address of owner of land upon which structure is located, upon which water is or will be beneficially used: Applicant.

Additional information: The application contains a detailed description of the work performed during the diligence period. The

Orchard Grove Industrial Park Pit has been issued Well Permit No. 38095-F by the Office of the State Engineer. (6 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of AUGUST 2012 to file with the Water Clerk a





81601.






12CW83 (05CW121) MESA COUNTY- RED WASH TRIBUTARY TO THE COLORADO RIVER. Owen Haller; 1344 – 14

Rd.; Loma, CO 81524 (970)201-0761. Johnson Ditch-Application for Finding of Reasonable Diligence. Location: Approx. 30 ft. east

of the West sec. line and 2,630 ft. north of the South sec. line of Sec. 35, T.2N, R.3W. of the Ute P.M. Appropriation: Apr. 1, 1993.

Amount: 0.139 c.f.s., conditional. Uses: irrigation and livestock watering. Name and address of landowner on which point of diversion

is located: Dirk Hale; 1342 M Rd.; Loma, CO 81524. (5 pages)






81601.






12CW98 EAGLE COUNTY. TRAVIS CREEK, TRIB. TO EAGLE RIVER, TRIB. TO COLORADO RIVER. Amended

Application for Finding of Reasonable Diligence and to Make Water Rights Absolute, in Part. Applicants: Dr. Richard Cunningham,

c/o Michael F. Browning Porzak Browning & Bushong, LLP, 929 Pearl St., Suite 300, Boulder, CO 80302; 303-443-6800; KVL

Holdings, Inc., a California Corp., and Robert and Marsha Long, c/o Sara M. Dunn, Balcomb & Green, P.C., P.O. Drawer 790,

Glenwood Springs, CO 81601, (970) 945-6546. The original application on file with the Water Court remains unchanged except for

the additional of the following claim: Request for finding of Reasonable Diligence for the Irons Well No. 1. Desc. of Cond. Water

JUNE 2012 RESUME


Rights: Orig. Decree: Water Div. No. 5, 4/20/1998, in Case No. 96CW358-B. Subsequent finding of reasonable diligence Case No.

04CW56. Underground Structures: Irons Well No. 1 Location: Irons Well No. 1: NE1/4 SW1/4, Sec. 27, T. 4 S., R. 83 W., 6th P.M.,

at a pt. 3050 ft. from the N. Sec. line and 2770 ft. from the E. Sec. line. Approp. Date: 9/27/1996. Amt.: 15 gpm, cond., per well not to

exceed 0.75 AF annually per well. Uses: Dom., irr. and fire prot. Irrigation average of 5,500 sq. ft. on Lot 1, Iron Oaks Subdivision. In

the six years preceding the filing of the Application, Applicants have diligently pursued development of the subject water rights. The

application on file with the Ct. contains a detailed outline of the work performed during the diligence period. Name and address of

owners or reputed owners of lands upon which structures are located: Applicant Dr. Richard Cunningham for Irons Well No. 3 and

Irons Pond No. 3; Applicant KVL Holdings, Inc. for Irons Well No. 2 and Irons Pond No. 2, and Robert and Marsha Long, 1501 NW

Classen Dr., Oklahoma City, OK 73106 for Irons Pond No. 1.






81601.

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