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DIVISION 5 WATER COURT- MAY 2013 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 MAY 2013. 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.

13CW53 GARFIELD COUNTY; Application for Finding of Reasonable Diligence and to Make Absolute. Name, address, and

telephone number of Applicants: Samuel B. Potter and Teresa Ann Potter, P.O. Box 148, Rifle, CO 81650; Please direct all

correspondence to: Thomas W. Stuver, Stuver & LeMoine, P.C. 120 West Third Street, Rifle, Colorado, Phone (970) 625-1887. Name

of structure: Lemon Pump and Pipeline Enlargement, Original decree: Date entered: November 4, 2012 Case No.09 CW 190; Court:

Water Division 5, Decreed point of diversion: Legal Description of point of diversion: NE1/4 SE1/4 of Section 25, Township 6

South, Range 96 West of the 6th

P.M. in Garfield County located at a point 340 feet west of east section line and 1,795 feet north of

south section line., Source: Colorado River. Amounts and uses: 0.90 c.f.s. Use: Irrigation Maps are included as Exhibit to the

Application. Owner of land upon which point of diversion it located: Applicants. The Application contains a detailed outline of what

has been done toward completion of this appropriation and application of water to beneficial use as conditionally decreed since the

decree was entered in Case No. 09CW190. (7 pages).

YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of JULY 2013 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 HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.






13CW54 (06CW16) EAGLE COUNTY- RUEDI SPRING TRIBUTARY TO THE FRYING PAN RIVER TRIBUTARY TO

THE ROARING FORK RIVER TRIBUTARY TO THE COLORADO RIVER. Thomas Golec; 15401 Frying Pan Rd.; Basalt,

CO 81621 (970)927-4212. Golec Spring & Pipeline, 1st Enlargement-Application for Finding of Reasonable Diligence. Location:

SE¼SW¼ of Sec. 36, T.7S., R.85W. of the 6th

P.M. 1,250 ft. north of the south sec. line and 2,400 ft. east of the west sec. line.

Appropriation: 2.1.06 Amount: 15.0 g.p.m., conditional. Use: domestic use for one single family dwelling and one accessory dwelling

unit. Landowner on which structure is located: White River National Forest; 900 Grand Ave.; Glenwood Springs, CO 81601. An

outline of work performed during the diligence period is included in the application. (9 pages)











13CW55(04CW197) MESA COUNTY-SPRINGS, NATURAL RUNOFF AND OTHER WATER FLOWING IN AN

UNNAMED TRIBUTARY TO THE COLORADO RIVER. Jason & Venessa Petermen; 651 Allegheny Dr.; Grand Junction, CO

81504 (970)456-6334. Lyndsay’s Pump #1 and Lyndsay’s Reservoir-Application for Finding of Reasonable Diligence. Lyndsay’s

Pump #1-NW¼NE¼ of Sec. 24, T.1S, R.1E. of the Ute P.M. 100 ft. from the north sec. line and 2,030 ft. from the east sec. line.

Lyndsay’s Reservoir-NW¼NE¼ of Sec. 24, T.1S, R.1E. of the Ute P.M. 420 ft. from the north sec. line and 2,270 ft. from the east

sec. line. Appropriation date: 10.29.04 Amount: Lyndsay’s Pump #1- 0.2 c.f.s., conditional; Lyndsay’s Reservoir- 0.5 a.f., conditional.

Use: irrigation of pasture and crops, wildlife habitat, lawn irrigation and stock watering. An outline of work completed during the

diligence period is included in the application. (6 pages)








MAY 2013 RESUME

WATER DIVISION 5 PAGE 2




13CW56(04CW55) EAGLE COUNTY- TRAVIS CREEK TRIBUTARY TO THE EAGLE RIVER TRIBUTARY TO THE

COLORADO RIVER. Kirk VanHee; P.O. Box 1529; Edwards, CO 81632 (970)390-2214 and Robert Borchardt; P.O. Box 558;

Wolcott, CO 81655 (970)926-5014. VanHee Wells Nos. 1-3 and VanHee Ponds Nos. 1-3- Application to Amend Plan for

Augmentation, Request Conditional Right of Appropriative Exchange, Finding of Reasonable Diligence and to Make a Portion of

Water Rights Absolute. Claim to Make Water Rights Absolute-VanHee Pond No. 3- NW¼NE¼ of Sec. 27, T.4S, R.83W. of the 6th

P.M. 400 feet from N. Sec. line and 1600 feet from E. Sec. line. Source: surface drainage trib to Travis Creek, trib, to Eagle Rv, trib to

Colo. Rv. Appropriation date: 9.27.96. Amount: 5 af, conditional (request to make 0.233 a.f., absolute and diligence for the rest) Use:

for aesthetic, augmentation, piscatorial and fire protection purposes; irrigation of 21, 000 sq. ft. . VanHee Well No. 1- SW¼NE¼ of

Sec. 27, T.4S, R.83W. of the 6th

P.M., being 1378 feet from N. Sec. line and 2017 feet from E. Sec. line. Source: groundwater trib. to

Travis Creek, trib, to Eagle Rv, trib to Colo. Rv. Appropriation date: 9.27.96 Amount: 15 gpm, conditional (request to make 0.016

c.f.s. (7.0 g.p.m.) absolute and diligence for the rest). Use: domestic, irrigation and fire protection. Claim for Finding of Diligence:

VanHee Pond No. 1-NW¼NE¼ of Sec. 27, T.4S, R.83W. of the 6th

P.M. 597 ft. from the north sec. line and 1,707 from the east sec.

line. Source: surface drainage trib to Travis Creek, trib, to Eagle Rv, trib to Colo. Rv. Appropriation date: 7.1.95 Amount: 0.011 a.f.,

conditional for augmentation and 0.071 a.f. conditional for irrigation use. VanHee Pond No. 2-NW¼NE¼ of Sec. 27, T.4S, R.83W. of

the 6th

P.M. 488 ft. from the north sec. line and 1, 517 from the east sec. line. Source: groundwater trib. to Travis Creek, trib, to Eagle

Rv, trib to Colo. Rv. Appropriation date: 7.1.95 Amount: 0.017 a.f., conditional for irrigation use. VanHee Well No. 2- NW¼NE¼ of

Sec. 27, T.4S, R.83W. of the 6th

P.M. at a point 758 ft. the north sec. line and 2,012 from the east sec. line. Source: groundwater trib.

to Travis Creek, trib, to Eagle Rv, trib to Colo. Rv. Appropriation date: 9.27.96. Amount: 15.0 g.p.m., conditional. Use: irrigation,

domestic and fire protection. Claim to Amend Plan for Aug. decree in Case No. 96CW358A including Appr. Right of Conditional

Exchange: This application seeks to add another source of augmentation water as a source of augmentation. New Source: Ruedi

Reservoir by virtue of Water Supply Contract with the Colorado River Water Conservation District (CW13002). All other aspects of

the Plan for Augmentation remain the same. The Applicant requests a new conditional appropriative right of exchange for up to 0.001

c.f.s, with an appropriation date of 3.1.13 to address releases from the new source and Wolford Mountain Reservoir. The lower termini

would be the confluence of the Roaring Fork River and the Colorado River in Glenwood Springs, Colorado (Ruedi Reservoir

Releases) or the confluence of the Eagle River and the Colorado River, in Dotsero, Colorado (Wolford Mountain Reservoir Releases).

The upper terminus is the VanHee Pond No. 3 is located in the NW¼NE¼ of sec. 27, T.4S, R.83W. of the 6th

with UTM coordinates:

4393629N 356502E. The exchange would occur when water is released from Wolford Mountain or Ruedi Reservoir to replace out of

priority evaporation. (41 pages)











13CW3000 PITKIN COUNTY; Application for Findings of Reasonable Diligence;Applicants: Mark and Karen Johnson, please

direct all correspondence to Applicants’ attorney: Mary Elizabeth Geiger, Esq., Garfield & Hecht, P.C., 420 Seventh Street, Suite 100,

Glenwood Springs, CO 81601, (970) 947-1936, [email protected]; Names and descriptions of conditional water rights

from original decrees: Sky Island Pump and Pipeline; Date of original decree: November 8, 1993; Case number: 92CW216 (Rulings 1

and 2), District Court, Water Division No. 5, Subsequent Diligence Findings: Case Nos. 99CW272 and 06CW156; Location: SW¼

NE¼ of Section 34, Township 8 South, Range 86 West of the 6th P.M. at a point 2,400 feet west of the east section line and 2,410

feet south of the north section line. Source: Snowmass Creek, tributary to the Roaring Fork River, tributary to the Colorado

River. Appropriation date: August 12, 1992. Amount: 50 g.p.m. (0.11 c.f.s.), conditional. Use: Irrigation, livestock, piscatorial,

recreation and aesthetic purposes. Owners of land upon which point of diversion will be located: Applicants. Conditional water right:

Sky Island Pond; Date of original decree: November 8, 1993. Case number: 92CW216 (Rulings 1 and 2), District Court, Water

Division No. 5; Subsequent Diligence Findings: Case Nos. 99CW272 and 06CW156. Location: SE¼ NW¼ and the NE¼ SW¼ of

Section 34, Township 8 South, Range 86 West of the 6th P.M. The centerline of the dam axis is located 2,540 feet east of the west

section line and 2,600 feet south of the north section line. Source: Runoff water tributary to the pond and the Sky Island Pump and

Pipeline, which diverts from Snowmass Creek, tributary to the Roaring Fork River, tributary to the Colorado River. Appropriation

date: August 12, 1992. Amount: 5.0 acre feet, conditional, with the right to fill and refill when and if water is legally and physically

mailto:[email protected]

MAY 2013 RESUME


available. Use: Irrigation, livestock, piscatorial, recreation and aesthetic purposes. Owners of land upon which place of storage will be

located: Applicants. The Application contains a detailed outline of what has been done toward completion of these appropriations and

application of water to beneficial use as conditionally decreed. (4 pages).











13CW3001 EAGLE COUNTY-APPLICATION FOR CHANGE OF CONDITIONAL WATER RIGHT. Concerning the

application for change of a conditional water right of: the state of colorado ACTING BY AND THROUGH the colorado division of

parks and wildlife and the parks and wildlife commission in eagle county, colorado. c/o BETH VAN VURST, Assistant Attorney

General, Natural Resources Section, 1300 Broadway, 7th

Floor, Denver, Colorado 80203. Telephone: 720-508-6312. Email:

[email protected]. The Colorado Division of Parks and Wildlife and the Parks and Wildlife Commission (collectively

“CPW”), by and through its undersigned counsel, hereby submits the following application for change of conditional water right. 1.

Name, Address, and Telephone Number of Applicant: Colorado Division of Parks and Wildlife and the Parks and Wildlife

Commission, 6060 Broadway, Denver, CO 80216, 303-291-7261. 2. Decreed water right for which change is sought: a. Name of

structure: Christine Enlargement of the Frieler Ditch, b. Date of original decree and all relevant subsequent decrees: i. Date of original

decree: November 14, 1908, Case No.: C.A. 1266, Garfield County District Court (now Water Division 5, Colorado). ii. Subsequent

decree awarding finding of diligence: Case No. 06CW173, Water Division 5, Colorado. iii. A copy of the original and subsequent

decree are attached to the Application as Exhibits A and B, respectively. c. Legal description of the point of diversion as described in

most recent decree: UTM Coordinates (NAD83, Zone 13N): Northing: 4363186 m, Easting: 323908 m. The map is attached to the

Application as Exhibit C shows the subject point of diversion. d. Source: Luchsinger Creek a/k/a Frieler Creek, tributary to the

Roaring Fork River, tributary to the Colorado River. E. Appropriation Date: September 4, 1905. f. Total amount decreed to

structure: 4 cfs (of which 0.6 cfs is decreed absolute and 3.4 cfs is conditional). g. Use: Irrigation. h. Amount of water that CPW

intends to change: The change of water right requested herein applies only to the 3.4 cfs, conditionally decreed to the Christine

Enlargement (“Christine Enlargement Conditional Water Right”). All diversions under the absolute water right decreed to the

Christine Enlargement will continue to be made pursuant to the decree entered in the original adjudication (C.A. 1266). 3. Detailed

description of proposed change: With this application, CPW seeks to change the place of use for the Christine Enlargement

Conditional Water Right from the originally decreed place of use (170 acres, as described below in Paragraph 3(a)), to the new place

of use (170 acres, as described below in Paragraph 3(b)). a. Originally decreed place of use: The Christine Enlargement Conditional

Water Right is decreed for the irrigation of 170 acres of lands identified in the original government land survey approved in January of

1885 (“Original Survey”) as being located within the Southwest ¼ of the Southeast ¼ of Section 1, and the East ½ of the Northwest ¼

and the West ½ of the Northeast ¼ and the Northwest ¼ of the Southeast ¼ and Lot Three, of Section 12, Township 8 South, Range

87 West, 6th P.M., Eagle County, Colorado (collectively referred to as the “Original Lands”). The Original Survey was suspended in

August of 1885 due to alleged errors and/or frauds. There was no official survey in place at the time the petition was filed in C.A.

1266 or at the time the November 14, 1908 Decree was entered. However, the area was independently resurveyed, and the resurvey

approved in 1927. This 1927 Independent Resurvey now identifies the Original Lands as lying within Tract 49, consisting of Lots 21,

23, 26, 27, and 30 of Section 1; and Lots 7, 9, 10, 15, 16, 18, 21, 22, and 28 of Section 12; all in Township 8 South, Range 87 West,

6th

P.M. b. Proposed Change in Place of Use: The new place of use is based upon the 1927 Independent Resurvey and will be 170

acres of land located within the S ½ of Lot 10, the S ½ of Lot 11, Lots 13, 14, 15, 17, the SE ¼ of Lot 18, Lots 19, 28, and 29, as well

as the E ½ of the NW ¼ of the SW ¼ and the NE ¼ of the SW ¼, and the E ½ of the SW ¼ of the SW ¼ of Section 1; and Lots 11 and

the E ½ of Lot 12 of Section 12; all in Township 8 South, Range 87 West, 6th

P.M (collectively referred to as the “New Lands”). c. A

map depicting the location of the Original Lands and the New Lands is attached hereto as Exhibit C. Said map is based upon the 1927

Independent Resurvey. 4. Name and address of owners of the land to be irrigated: Applicant. 5. a. Remarks: There is no change in

the amount of acreage proposed to be irrigated as a result this change. Therefore, the contemplated draft on the stream following the

change in place of use will remain the same. b. There will be no change in the amount of water physically available to the Christine

Enlargement Conditional Water Right because CPW will divert through the originally adjudicated point of diversion, which location

was clarified in Case No. 06CW173. c. The New Lands CPW seeks to irrigate with the Christine Enlargement Conditional Water

Right following resolution of this change case are adjacent to the Original Lands. (19 pages)




MAY 2013 RESUME










13CW3002 GARFIELD COUNTY. ALLUVIAL AQUIFER TRIB. TO THE COLORADO RIVER. Application for Finding

of Reasonable Diligence. Applicants: Gypsum Ranch Co. LLC and Silt Sand & Gravel LLC, c/o Balcomb & Green, P.C., P.O.

Drawer 790, Glenwood Springs, CO 81602; 970-94-6546. Structure: Grand River Park Lake Well 1A, Well Permit Number 75949-

F. Date of Orig. decree: Case No. 06CW121, 5/3/2007. Legal description: SW1/4, SE 1/4 of Sec. 9, T. 6 S., R. 92 W., 6th P.M at a pt.

500 ft. from the S. line and 2475 ft. from the E. line of said Sec. 9. Depth: 25 ft. (20 ft. below groundwater level). Date of Approp.:

6/29/ 2006. Amt.: 10 c.f.s., cond., with max. total annual depletions of 316 AF per year for the Grand River Park Lake Wells.

Dewatering of one or more wells during mining operations shall not exceed 10 c.f.s. Of the 10 c.f.s., up to 1 c.f.s may be used for

sand and gravel washing, 0.5 c.f.s. for dust control, and 0.5 c.f.s. for truck and equipment washing. Uses: Ind., rec., and pisc.

Remarks: The total surface area of exposed groundwater for the Grand River Park Lake Well 1A is estimated to be 1 acre. Once

mining is complete, the combined surface area for the Grand River Park Lake Wells is estimated to be 90 acres. Structure: Grand

River Park Lake Well 1B, Well Permit 65751-F. Date of Orig. decree: Case No. 06CW121, 5/3/2007. Legal description: NW1/4,

SE 1/4 of Sec. 9, T. 6 S., R. 92 W., 6th P.M at a pt. 1950 ft. from the S. line and 2100 ft. from the E. line of said Sec. 9. Depth: 25 ft.

(20 ft. below groundwater level). Date of Approp.: 6/29/2006. Amt.: 10 c.f.s., cond., with max. total annual depletions of 316 acre ft.

per year for the Grand River Park Lake Wells. Dewatering of one or more wells during mining operations shall not exceed 10 c.f.s. Of

the 10 c.f.s., up to 1 c.f.s may be used for sand and gravel washing, 0.5 c.f.s. for dust control, and 0.5 c.f.s. for truck and equipment

washing. Uses: Ind., rec., and pisc. Remarks: The total surface area of exposed groundwater for the Grand River Park Lake Well 1B

is estimated to be 16.2 acres. Once mining is complete, the combined surface area for the Grand River Park Lake Wells is estimated

to be 90 acres. Structure: Grand River Park Lake Well 2, Well Permit Number 75950-F. Date of Orig. decree: Case No.

06CW121,5/3/2007. Legal description: SE1/4, SW ¼, Sec. 9, T. 6 S., R. 92 W., 6th P.M at a pt. 500 ft. from the S. line and 3050 ft.

from the E. line of said Sec. 9. Depth: 25 ft. (20 ft. below groundwater level). Date of Approp.: 6/26/2006. Amt.: 10 c.f.s., cond., with

max. total annual depletions of 316 AF per year for the Grand River Park Lake Wells. Dewatering of one or more wells during mining

operations shall not exceed 10 c.f.s. Of the 10 c.f.s., up to 1 c.f.s may be used for sand and gravel washing, 0.5 c.f.s. for dust control,

and 0.5 c.f.s. for truck and equipment washing. Uses: Ind., rec., and pisc. Remarks: The total surface area of exposed groundwater for

the Grand River Park Lake Well 2 is estimated to be 13.76 acres. Once mining is complete, the combined surface area for the Grand

River Park Lake Wells is estimated to be 90 acres. Structure: Grand River Park Lake Well 3A. Date of Orig. decree: Case No.

06CW121, 5/3/2007. Legal description: NE1/4, SW ¼, Sec. 9, T. 6 S., R. 92 W., 6th P.M at a pt. 1650 ft. from the S. line and 3475 ft.

from the E. line of said Sec. 9. Depth: 25 ft. (20 ft. below groundwater level). Date of Approp.: 6/29/2006. Amt.: 10 c.f.s., cond., with

max. total annual depletions of 316 AF per year for the Grand River Park Lake Wells. Uses: Ind., rec., and pisc. Remarks: The total

surface area of exposed groundwater for the Grand River Park Lake Well 3A is estimated to be 33.57 acres. Once mining is complete,

the combined surface area for the Grand River Park Lake Wells is estimated to be 90 acres. Structure: Grand River Park Lake Well

3B. Date of Orig. decree: Case No. 06CW121, 5/3/2007. Legal description: SW1/4, SW ¼, Sec. 9, T. 6 S., R. 92 W., 6th P.M at a pt.

900 ft. from the S. line and 4175 ft. from the E. line of said Sec. 9. Depth: 25 ft. (20 ft. below groundwater level). Date of Approp.:

6/29/2006. Amt.: 10 c.f.s., cond., with max. total annual depletions of 316 AF per year for the Grand River Park Lake Wells.

Dewatering of one or more wells during mining operations shall not exceed 10 c.f.s. Of the 10 c.f.s., up to 1 c.f.s may be used for

sand and gravel washing, 0.5 c.f.s. for dust control, and 0.5 c.f.s. for truck and equipment washing. Uses: Ind., rec., and pisc.

Remarks: The total surface area of exposed groundwater for the Grand River Park Lake Well 1A is estimated to be 20.27 acres. Once

mining is complete, the combined surface area for the Grand River Park Lake Wells is estimated to be 90 acres. Structure: Hangs

Well No. 1, Well Permit Number 148025-A. Date of Orig. decree: Case No. 06CW121, 5/3/2007. Legal description: SE1/4, SW1/4,

Sec. 9, T. 6 S., R. 92 W., 6th P.M. at a pt. 2734 ft. from the E. line and 122 from the S. line of said Sec. 9. Depth: 70 ft. Date of

Approp.: 6/29/ 2006. Amt.: 15 g.p.m., cond., with annual diversions totalling 2.85 AF per year. Uses: Dom., comm., fire protection,

livestock and irr. of up to one acre. Remarks: This well provides water to the existing residence that is located on the property to be

mined. During mining operations, the residence will be converted to a temp. office and the well will be used for dom. and comm. uses

by employees of the gravel pit. Estimated diversions from the well will be 350 gallons per day (ten employees each using 35 gallons

per day) with annual diversions of 0.284 AF. Once mining operations cease, the dwelling unit will be reconverted to a residence and

the well will serve dom. uses including irr. of up to 1 acre. At this time, estimated annual diversions from the well will be 2.85 AF.

Pursuant to the decree entered in Case No. 06CW121, the Subject Water Rights described above are individual components of

Applicants’ integrated mining operation and resulting water system. Consequently, work on one lake well shall be considered in

finding that reasonable diligence has been shown in the development of water rights for all features of Applicants’ mining operation

MAY 2013 RESUME


and resulting water system. See C.R.S § 37-92-301(4)(b). A complete list of diligence activities is on file with this court. Name and

address upon which the Subject Water Rights are located: Applicant, Gypsum Ranch Co., LLC. (15 pgs).











13CW3003 GARFIELD COUNTY; Application for Finding of Reasonable Diligence. Name, address, and telephone number of

Applicants: Edward Hoaglund and Ida Hoaglund, 4064 County Road 309, Parachute, CO 81635; Please direct all correspondence

to: Thomas W. Stuver, Stuver & LeMoine, P.C. 120 West Third Street, Rifle, Colorado, Phone (970) 625-1887. Name of structure:

Mel’s Spring No. 1 and Mel’s Spring No.2, Original decree: Date entered: May 29, 2007 Case No.05 CW 195; Court: Water

Division 5, Decreed point of diversion: Legal Description of point of diversion: Mel’s Spring No. 1 is located in the Southeast ¼

Southeast ¼ of Section 35, Township 6 South, Range 95 West of the Sixth Principal Meridian, 783 feet from the south section line and

1,220 feet from the east section line. Mel’s Spring No. 2 is located in the Southeast ¼ Southeast ¼ of Section 35, Township 6 South,

Range 95 West of the Sixth Principal Meridian, 790 feet from the south section line and 1,215 feet from the east section line. Source:

Springs tributary to the Colorado River.. Amounts and uses: 0.20 c.f.s. Use: domestic use, irrigation, stock watering, fire

protection, recreation and aesthetic purposes. Owner of land upon which point of diversion it located: Applicants. The Application

contains a detailed outline of what has been done toward completion of this appropriation and application of water to beneficial use as

conditionally decreed since the decree was entered in Case No. 09CW190. (3 pages).











13CW3005 (Reference 06CW60), MESA AND GARFIELD COUNTIES, ROAN CREEK AND ITS TRIBUTARIES,

PARACHUTE CREEK AND ITS TRIBUTARIES, AND COLORADO RIVER. Chevron U.S.A. Inc., Attention: James A.

Tarazoff, Senior Staff Land Representative, 1400 Smith St, Houston, TX 77002, 713-372-1873, [email protected];

Applicant’s Attorney: Mark A. Hermundstad, Williams, Turner & Holmes, P.C., P O Box 338, Grand Junction, CO 81502, 970-242-

6262, [email protected]. Application for Finding of Reasonable Diligence. Structures: Getty Oil Company Water System which

consists, in part, of the following units: Getty Pipeline, Roan Creek Reservoir, Roan Creek Reservoir Enlarged, Getty-Sleepy Gulch

Reservoir, Getty West Fork of Parachute Creek Reservoir, Getty Springs 1A through 1F, Getty Springs 2A through 2F, Getty Spring

4A, Getty Springs 6A through 6I, Getty Springs 7A through 7F, Getty Springs 8A through 8E, Getty Springs 9A and 9B, Getty

Springs 10A through 10G, Getty Springs 11A through 11F, Getty Springs 12A through 12C, Getty Springs 13A through 13E, Getty

Springs 14A through 14E, Getty Springs 15A and 15B, Getty Springs 16A through 16C, Getty Spring 17A, Getty Springs 18A

through 18C, Getty Springs 19A through 19C, and Getty Spring 20A. Description of Conditional Water Rights: A. Getty Pipeline.

Original Decree: November 10, 1966; Civil Action No. 4914, Garfield County District Court, Subsequent diligence decrees:

Supplemental Decree in C.A. 4914, Garfield County District Court, May 20, 1968; Case No. W-61, Water Division No. 5, June 17,

1971; Case No. W-688, Water Division No. 5, June 14, 1973; Case No. W-688-76, Water Division No. 5, March 7, 1977; Case No.

80CW209, Water Division No. 5, February 22, 1981; Case No. 84CW115, Water Division No. 5, November 14, 1984; Case No.

88CW124, Water Division No. 5, October 19, 1989; Case No. 95CW234, Water Division No. 5, December 14, 1998; and Case No.

06CW60, Water Division No. 5, May 30, 2007; Location: The original point of diversion established by the decree referred to above

was changed in Case No. W-2924 to a point located on the right bank of the Colorado River at a point whence the NE corner of Sec.

28, T. 8 S., R. 97 W., 6th P.M. bears North 18°59'32" East, 5,569.2 ft, Mesa County, Colorado. This point of diversion can also be

described as being located at a point 5,258.5 ft from the North line and 3,480.6 ft from the West line of Sec. 28, T. 8 South, R. 97

West, 6th

P.M. An alternate point of diversion was decreed in Case No. 82 CW 227 at a point on the right bank of the Colorado River

MAY 2013 RESUME


from whence the Southeast corner of Sec. 28, T. 8 South, R. 97 West, 6th P.M. bears South 33°45' East, 1,212 ft in Mesa County.

This alternate point of diversion can also be described as being located at a point 4,289.2 ft from the North line and 4,674.5 ft from the

West line of Sec. 28, T. 8 South, R. 97 West, 6th

P.M. Source: Colorado River. Appropriation date: An appropriation date of

September 3, 1950 was decreed by the Court in Civil Action 4914, but since the said proceeding was a supplemental adjudication, a

priority date of November 19, 1951 was assigned. Amount: 56.0 cfs. Use: Domestic, recreational, irrigation, industrial and

manufacturing purposes. B. Roan Creek Reservoir: Original decree: November 10, 1970, Civil Action No. 6404, Garfield County

District Court. Subsequent diligence decrees: Case No. W-653, Water Division No. 5, November 22, 1972; Case No. W-653-76,

Water Division No. 5, March 7, 1977; Case No. 80CW209, Water Division No. 5, February 22, 1981; Case No. 84CW115, Water

Division No. 5, November 14, 1984; Case No. 88CW124, Water Division No. 5, October 19, 1989; Case No. 95CW234, Water

Division No. 5, December 14, 1998; and Case No. 06CW60, Water Division No. 5, May 30, 2007. Location: The initial point of

survey of the high waterline is located at a point whence the Southeast corner of Sec. 25,T. 7 South, R. 98 West of the 6th P.M. bears

South 46°31' East a distance of 987 ft. This point can also be described as being located at a point 4,574.2 ft from the North line and

4,580.5 ft from the West line of Sec. 25, T. 7 South, R. 98 West, 6th

P.M. An alternate place of storage was decreed in Case No. 82

CW 227 at a point where the dam axis intersects the centerline of Roan Creek from whence the Southeast corner of Sec. 6, T. 8 South,

R. 97 West, 6th P.M., bears South 77°30' East, 3,180 ft, in Garfield County. This place of storage can also be described as being

located at a point 4,235.2 ft from the North line and 2,195.6 ft from the West line of Sec. 6, T. 8 South, R. 97 West, 6th

P.M. Source:

Roan Creek and all tributaries upstream from situs of dam and Colorado River. Appropriation date: July 7, 1961. Amount: 12,396.5

acre ft. Use: Domestic, recreational, irrigation, industrial and manufacturing purposes. C. Roan Creek Reservoir Enlarged: Original

decree: November 10, 1970, Civil Action No. 6404, Garfield County District Court, Subsequent diligence decrees: Case No. W-652,

Water Division No. 5, October 31, 1972; Case No. W-652-76, Water Division No. 5, March 7, 1977; Case No. 80CW209, Water

Division No. 5, February 22, 1981; Case No. 84CW115, Water Division No. 5, November 14, 1984; Case No. 88CW124, Water

Division No. 5, October 19, 1989; Case No. 95CW234, Water Division No. 5, December 14, 1998; and Case No. 06CW60, Water

Division No. 5, May 30, 2007. Location: The intersection of the dam axis with the center line of Roan Creek is at a point whence the

Southeast corner of Sec. 25, T. 7 South, R. 98 West of the 6th P.M. bears South 39°8'0" East a distance of 1,696 ft. This point can

also be described as being located at a point 4,010.8 ft from the North line and 4,228.6 ft from the West line of Sec. 25, T. 7 South, R.

98 West, 6th

P.M. An alternate place of storage was decreed in Case No. 82 CW 227 at the same alternate place described in

Paragraph 3.B(3), above (for Roan Creek Reservoir). Source: Roan Creek and its tributaries and Colorado River. Appropriation date:

March 2, 1967. Amount: 71,300 acre ft decreed in Civil Action No. 6404 but reduced to 58,903.5 acre ft in Case No. W-651. Use:

Domestic, recreational, irrigation, industrial and manufacturing purposes. D. Getty-Sleepy Gulch Reservoir: Original decree:

November 10, 1970, Civil Action No. 6404, Garfield County District Court. Subsequent diligence decrees: Case No. W-687, Water

Division No. 5, June 14, 1983; Case No. W-687-76, Water Division No. 5, March 7, 1977; Case No. 80CW209, Water Division No. 5,

February 22, 1981; Case No. 84CW115, Water Division No. 5, November 14, 1984; Case No. 88CW124, Water Division No. 5,

October 19, 1989; Case No. 95CW234, Water Division No. 5, December 14, 1998; and Case No. 06CW60, Water Division No. 5,

May 30, 2007. Location: The dam axis intersects the center line of the stream within Sleepy Gulch at a point whence the Northeast

corner of Sec. 17, T. 5 South, R. 97 West of the 6th P.M. bears North 40°45'0" East a distance of 6,352 ft. This point can also be

described as being located at a point 4,823.1 ft from the North line and 1,115.5 ft from the West line of Sec. 17, T. 5 South, R. 97

West, 6th

P.M. Source: Natural runoff of Sleepy Gulch which is tributary to Roan Creek and other adjudicated rights owned by

Applicant deriving their source of supply from the Colorado River. Appropriation date: June 27, 1967. Amount: 6,538 acre ft. Use:

Domestic, recreational, irrigation, industrial and manufacturing purposes. E. Getty West Fork of Parachute Creek Reservoir: Original

decree: November 12, 1974, W-2243, Water Division 5. Subsequent diligence decrees: Case No. W-2243-78, Water Division No. 5,

March 7, 1979; Case No. 82CW171, Water Division No. 5, November 24, 1982; Case No. 84CW115, Water Division No. 5,

November 14, 1984; Case No. 88CW124, Water Division No. 5, October 19, 1989; Case No. 95CW234, Water Division No. 5,

December 14, 1998; and Case No. 06CW60, Water Division No. 5, May 30, 2007. Location: The intersection of the dam axis and the

center line of the Stream Channel of the West Fork of Parachute Creek is located at a point whence the Northeast corner of Sec. l, T. 5

South, R. 97 West of the 6th P.M. bears North 26°30'0" East 4,113 ft. This point can also be described as being located at a point

3,689.7 ft from the North line and 3,262.7 ft from the West line of Sec. 1, T. 5 South, R. 97 West, 6th

P.M. Source: West Fork of

Parachute Creek and the Colorado River by the Getty Pipeline. Appropriation date: June 27, 1967 as to the water from the West Fork

of Parachute Creek. Amount: 4,658 acre ft. Use: Domestic, recreational, irrigation, industrial and manufacturing purposes. F. Getty

Springs 1A through 1F, Getty Springs 2A through 2F, Getty Spring 4A, Getty Springs 6A through 6I, Getty Springs 7A through 7F,

Getty Springs 8A through 8E, Getty Spring 9A, Getty Spring 9B, Getty Springs 10A through 10G, Getty Springs 11A through 11F,

Getty Springs 12A through 12C, Getty Springs 13A through 13E, Getty Springs 14A through 14E, Getty Springs 15A and 15B, Getty

Springs 16A through 16C, Getty Spring 17A, Getty Springs 18A through 18C, Getty Springs 19A through 19C, and Getty Spring 20A

("Getty Springs"). Original decree: November 4, 1986 (for all Getty Springs). Case No.: 83 CW 365 (for all Getty Springs); Court:

Water Court, Water Division 5; Subsequent diligence decrees: Case No. 88CW124, Water Division No. 5, October 19, 1989; Case

No. 95CW234, Water Division No. 5, December 14, 1998; and Case No. 06CW60, Water Division No. 5, May 30, 2007.

Appropriation date: July 1, 1983 (for all Getty Springs). Use: Domestic, recreational, irrigation, industrial, and manufacturing

purposes (for all Getty Springs). Locations, Sources and Amounts: Getty Spring 1A located in Sec. 15, T5S, R97W, 4675 ft South of

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the North Sec. line and 3775 ft East of the West Sec. line. Spring is tributary to West Fork of Wolf Creek which is tributary to

Parachute Creek which is tributary to the Colorado River. Amount: 0.03 cfs. Getty Spring 1B located in Sec. 14, T5S, R97W, 4350 ft

South of the North Sec. line and 380 ft East of the West Sec. line. Spring is tributary to West Fork of Wolf Creek which is tributary to

Parachute Creek which is tributary to the Colorado River; Amount: 0.13 cfs. Getty Spring 1C located in Sec. 14, T5S, R97W, 4300 ft

South of the North Sec. line and 800 ft East of the West Sec. line. Spring is tributary to West Fork of Wolf Creek which is tributary to

Parachute Creek which is tributary to the Colorado River. Amount: 0.04 cfs. Getty Spring 1D located in Sec. 14, T5S, R97W, 4175 ft

South of the North Sec. line and 1400 ft East of the West Sec. line. Spring is tributary to West Fork of Wolf Creek which is tributary

to Parachute Creek which is tributary to the Colorado River. Amount: 0.02 cfs. Getty Spring 1E located in Sec. 14, T5S, R97W, 4400

ft South of the North Sec. line and 1550 ft East of the West Sec. line. Spring is tributary to West Fork of Wolf Creek which is tributary

to Parachute Creek which is tributary to the Colorado River. Amount: 0.02 cfs. Getty Spring 1F located in Sec. 12, T5S, R97W, 4175

ft South of the North Sec. line and 2500 ft East of the West Sec. line. Spring is tributary to West Fork of Wolf Creek which is

tributary to Parachute Creek which is tributary to the Colorado River. Amount: 0.02 cfs. Getty Spring 2A located in Sec. 2, T5S,

R97W, 4000 ft South of the North Sec. line and 4475 ft East of the West Sec. line. Spring is tributary to Wet Fork of West Parachute

Creek which is tributary to the Colorado River. Amount: 0.01 cfs. Getty Spring 2B located in Sec. 10, T5S, R97W, 2325 ft South of

the North Sec. line and 4900 ft East of the West Sec. line. Spring is tributary to Wet Fork of West Parachute Creek which is tributary

to the Colorado River. Amount: 0.01 cfs. Getty Spring 2C located in Sec. 10, T5S, R97W, 2850 ft South of the North Sec. line and

4000 ft East of the West Sec. line. Spring is tributary to Wet Fork of West Parachute Creek which is tributary to the Colorado River.

Amount: 0.53 cfs. Getty Spring 2D located in Sec. 16, T5S, R97W, 2450 ft South of the North Sec. line and 3000 ft East of the West

Sec. line. Spring is tributary to Wet Fork of West Parachute Creek which is tributary to the Colorado River. Amount: 0.01 cfs. Getty

Spring 2E located in Sec. 16, T5S, R97W, 850 ft South of the North Sec. line and 4550 East of the West Sec. line. Spring is tributary

to Wet Fork of West Parachute Creek which is tributary to the Colorado River. Amount: 0.01 cfs. Getty Spring 2F located in Sec. 10,

T5S, R97W, 4675 ft South of the North Sec. line and 900 ft East of the West Sec. line. Spring is tributary to Wet Fork of West

Parachute Creek which is tributary to the Colorado River. Amount: 0.01 cfs. Getty Spring 4A located in Sec. 2, T5S, R97W, 2975 ft

South of the North Sec. line and 5150 ft East of the West Sec. line. Spring is tributary to West Fork of Parachute Creek which is

tributary to the Colorado River. Amount: 0.27 cfs. Getty Spring 6A located in Sec. 13, T5S, R97W, 100 ft South of the North Sec. line

and 3900 ft East of the West Sec. line. Spring is tributary to East Fork of Wolf Creek which is tributary to Parachute Creek which is

tributary to the Colorado River. Amount: 0.01 cfs. Getty Spring 6B located in Sec. 13, T5S, R97W, 2300 ft South of the North Sec.

line and 1975 ft East of the West Sec. line. Spring is tributary to East Fork of Wolf Creek which is tributary to Parachute Creek which

is tributary to the Colorado River. Amount: 0.02 cfs. Getty Spring 6C located in Sec. 13, T5S, R97W, 3350 ft South of the North Sec.


is tributary to the Colorado River. Amount: 0.04 cfs. Getty Spring 6D located in Sec. 13, T5S, R97W, 4950 ft South of the North Sec.

line and 550 East of the West Sec. line. Spring is tributary to East Fork of Wolf Creek which is tributary to Parachute Creek which is

tributary to the Colorado River. Amount: 0.01 cfs. Getty Spring 6E located in Sec. 24, T5S, R97W, 350 ft South of the North Sec. line

and 525 ft East of the West Sec. line. Spring is tributary to the East Fork of Wolf Creek which is tributary to Parachute Creek which

is tributary to the Colorado River. Amount: 0.01 cfs. Getty Spring 6F located in Sec. 14, T5S, R97W, 5000 ft South of the North Sec.


is tributary to the Colorado River. Amount: 0.01 cfs. Getty Spring 6G located in Sec. 23, T5S, R97W, 1350 ft South of the North Sec.


is tributary to the Colorado River. Amount: 0.01 cfs. Getty Spring 6H located in Sec. 23, T5S, R97W, 1550 ft South of the North Sec.


is tributary to the Colorado River. Amount: 0.20 cfs. Getty Spring 6I located in Sec. 23, T5S, R97W, 2925 ft South of the North Sec.


is tributary to the Colorado River. Amount: 0.04 cfs. Getty Spring 7A located in Sec. 25, T5S, R97W, 1850 ft South of the North Sec.

line and 75 East of the West Sec. line. Spring is tributary to Bear Run which is tributary to Parachute Creek which is tributary to the

Colorado River. Amount: 0.06 cfs. Getty Spring 7B located in Sec. 25, T5S, R97W, 550 ft South of the North Sec. line and 500 ft East

of the West Sec. line. Spring is tributary to Bear Run which is tributary to Parachute Creek which is tributary to the Colorado River.

Amount: 0.01 cfs. Getty Spring 7C located in Sec. 24, T5S, R97W, 4925 ft South of the North Sec. line and 1875 ft East of the West

Sec. line. Spring is tributary to Bear Run which is tributary to Parachute Creek which is tributary to the Colorado River. Amount:

0.03 cfs. Getty Spring 7D located in Sec. 24, T5S, R97W, 4850 ft South of the North Sec. line and 2175 ft East of the West Sec. line.

Spring is tributary to Bear Run which is tributary to Parachute Creek which is tributary to the Colorado River. Amount: 0.01 cfs. Getty

Spring 7E located in Sec. 24, T5S, R97W, 4800 ft South of the North Sec. line and 2725 f t East of the West Sec. line. Spring is

tributary to Bear Run which is tributary to Parachute Creek which is tributary to the Colorado River. Amount: 0.04 cfs. Getty Spring

7F located in Sec. 24, T5S, R97W, 4975 ft South of the North Sec. line and 2800 ft East of the West Sec. line. Spring is tributary to

Bear Run which is tributary to Parachute Creek which is tributary to the Colorado River. Amount: 0.01 cfs. Getty Spring 8A located in

Sec. 25, T5S, R97W, 4850 ft South of the North Sec. line and 2350 ft East of the West Sec. line. Spring is tributary to Willow Creek

which is tributary to Bear Run which is tributary to Parachute Creek which is tributary to the Colorado River. Amount: 0.06 cfs. Getty

Spring 8B located in Sec. 36, T5S, R97W, 200 ft South of the North Sec. line and 3200 ft East of the West Sec. line. Spring is

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tributary to Willow Creek which is tributary to Bear Run which is tributary to Parachute Creek which is tributary to the Colorado

River. Amount: 0.01 cfs. Getty Spring 8C located in Sec. 36, T5S, R97W, 1200 ft South of the North Sec. line and 2200 ft East of the

West Sec. line. Spring is tributary to Willow Creek which is tributary to Bear Run which is tributary to Parachute Creek which is

tributary to the Colorado River. Amount: 0.01 cfs. Getty Spring 8D located in Sec. 36, T5S, R97W, 1775 ft South of the North Sec.

line and 1575 ft East of the West Sec. line. Spring is tributary to Willow Creek which is tributary to Bear Run which is tributary to

Parachute Creek which is tributary to the Colorado River. Amount: 0.02 cfs. Getty Spring 8E located in Sec. 36, T5S, R97W, 2725 ft

South of the North Sec. line and 900 ft East of the West Sec. line. Spring is tributary to Willow Creek which is tributary to Bear Run

which is tributary to Parachute Creek which is tributary to the Colorado River. Amount: 0.06 cfs. Getty Spring 9A located in Sec. 35,

T5S, R97W, 1850 ft South of the North Sec. line and 700 ft East of the West Sec. line. Spring is tributary to Crystal Creek which is

tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.36 cfs. Getty Springs

9B located in Sec. 34, T5S, R97W, 4025 ft South of the North Sec. line and 4500 ft East of the West Sec. line. Spring is tributary to

Crystal Creek which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount:

0.02 cfs. Getty Spring 10A located in Sec. 27, T5S, R97W, 4325 ft South of the North Sec. line and 3850 ft East of the West Sec. line.

Spring is tributary to Doe Creek which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado

River. Amount: 0.82 cfs. Getty Spring 10B located in Sec. 27, T5S, R97W, 4425 ft South of the North Sec. line and 3700 ft East of the

West Sec. line. Spring is tributary to Doe Creek which is tributary to Clear Creek which is tributary to Roan Creek which is tributary

to the Colorado River. Amount: 0.05 cfs. Getty Spring 10C located in Sec. 34, T5S, R97W, 4800 ft South of the North Sec. line and

3450 ft East of the West Sec. line. Spring is tributary to Doe Creek which is tributary to Clear Creek which is tributary to Roan Creek

which is tributary to the Colorado River. Amount: 0.02 cfs. Getty Spring 10D located in Sec. 34, T5S, R97W, 200 ft South of the

North Sec. line and 3175 ft East of the West Sec. line. Spring is tributary to Doe Creek which is tributary to Clear Creek which is

tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.01 cfs. Getty Spring 10E located in Sec. 34, T5S, R97W,

1025 ft South of the North Sec. line and 2800 ft East of the West Sec. line. Spring is tributary to Doe Creek which is tributary to Clear

Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.01 cfs. Getty Spring 10F located in Sec.

34, T5S, R97W, 1300 ft South of the North Sec. line and 2650 ft East of the West Sec. line. Spring is tributary to Doe Creek which is

tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.01 cfs. Getty Spring

10G located in Sec. 34, T5S, R97W, 1750 ft South of the North Sec. line and 2475 ft East of the West Sec. line. Spring is tributary to

Doe Creek which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.01

cfs. Getty Spring 11A located in Sec. 27, T5S, R97W, 450 ft South of the North Sec. line and 1625 ft East of the West Sec. line.

Spring is tributary to East Fork of Pearl Creek which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to

the Colorado River. Amount: 0.22 cfs. Getty Spring 11B located in Sec. 27, T5S, R97W, 750 ft South of the North Sec. line and 1375

ft East of the West Sec. line. Spring is tributary to East Fork of Pearl Creek which is tributary to Clear Creek which is tributary to

Roan Creek which is tributary to the Colorado River. Amount: 0.06 cfs. Getty Spring 11C located in Sec. 27, T5S, R97W, 1075 ft

South of the North Sec. line and 1250 ft East of the West Sec. line. Spring is tributary to East Fork of Pearl Creek which is tributary

to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.06 cfs. Getty Spring 11D located

in Sec. 27, T5S, R97W, 1175 ft South of the North Sec. line and 1100 ft East of the West Sec. line. Spring is tributary to East Fork of

Pearl Creek which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.03

cfs. Getty Spring 11E located in Sec. 27, T5S, R97W, 1500 ft South of the North Sec. line and 975 ft East of the West Sec. line.

Spring is tributary to East Fork of Pearl Creek which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to

the Colorado River. Amount: 0.04 cfs. Getty Spring 11F located in Sec. 27, T5S, R97W, 1850 ft South of the North Sec. line and 800

ft East of the West Sec. line. Spring is tributary to East Fork of Pearl Creek which is tributary to Clear Creek which is tributary to

Roan Creek which is tributary to the Colorado River. Amount: 0.01 cfs. Getty Spring 12A located in Sec. 27, T5S, R97W, 1875 ft

South of the North Sec. line and 550 ft East of the West Sec. line. Spring is tributary to West Fork of Pearl Creek which is tributary to

Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.01 cfs. Getty Spring 12B located in

Sec. 27, T5S, R97W, 1750 ft South of the North Sec. line and 400 ft East of the West Sec. line. Spring is tributary to West Fork of

Pearl Creek which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.02

cfs. Getty Spring 12C located in Sec. 28, T5S, R97W, 50 ft South of the North Sec. line and 4975 East of the West Sec. line. Spring is

tributary to West Fork of Pearl Creek which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the

Colorado River. Amount: 0.06 cfs. Getty Spring 13A located in Sec. 27, T5S, R97W, 2175 ft South of the North Sec. line and 650 ft

East of the West Sec. line. Spring is tributary to Main Fork of Pearl Creek which is tributary to Clear Creek which is tributary to Roan


the North Sec. line and 825 ft East of the West Sec. line. Spring is tributary to Main Fork of Pearl Creek which is tributary to Clear

Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.01 cfs. Getty Spring 13C located in Sec.

27, T5S, R97W, 5050 ft South of the North Sec. line and 600 ft East of the West Sec. line. Spring is tributary to East Fork of Pearl

Creek which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.01 cfs.

Getty Spring 13D located in Sec. 34, T5S, R97W, 600 ft South of the North Sec. line and 500 ft East of the West Sec. line. Spring is

tributary to Main Fork of Pearl Creek which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the

Colorado River. Amount: 0.01 cfs. Getty Spring 13E located in Sec. 34, T5S, R97W, 950 ft South of the North Sec. line and 400 ft

MAY 2013 RESUME


East of the West Sec. line. Spring is tributary to Main Fork of Pearl Creek which is tributary to Clear Creek which is tributary to Roan

Creek which is tributary to the Colorado River. Amount: 0.01 cfs. Getty Spring 14A located in Sec. 21, T5S, R97W, 2950 ft South of

the North Sec. line and 1000 ft East of the West Sec. line. Spring is tributary to East Fork of Short Gulch which is tributary to Clear

Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.16 cfs. Getty Spring 14B located in Sec.

21, T5S, R97W, 3800 ft South of the North Sec. line and 700 ft East of the West Sec. line. Spring is tributary to East Fork of Short

Gulch which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.01 cfs.

Getty Spring 14C located in Sec. 21, T5S, R97W, 4050 ft South of the North Sec. line and 775 ft East of the West Sec. line. Spring is

tributary to East Fork of Short Gulch which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the

Colorado River. Amount: 0.02 cfs. Getty Spring 14D located in Sec. 28, T5S, R97W, 275 ft South of the North Sec. line and 500 ft

East of the West Sec. line. Spring is tributary to East Fork of Short Gulch which is tributary to Clear Creek which is tributary to Roan

Creek which is tributary to the Colorado River. Amount: 0.02 cfs. Getty Spring 14E located in Sec. 29, T5S, R97W, 1450 ft South of

the North Sec. line and 5125 ft East of the West Sec. line. Spring is tributary to East Fork of Short Gulch which is tributary to Clear

Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.06 cfs. Getty Spring 15A located in Sec.

20, T5S, R97W, 5000 ft South of the North Sec. line and 4125 ft East of the West Sec. line. Spring is tributary to West Fork of Short

Gulch which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.08 cfs.

Getty Spring 15B located in Sec. 20, T5S, R97W, 2975 ft South of the North Sec. line and 3775 ft East of the West Sec. line. Spring

is tributary to West Fork of Short Gulch which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the


East of the West Sec. line. Spring is tributary to Lower Short Gulch which is tributary to Clear Creek which is tributary to Roan


the North Sec. line and 4950 ft East of the West Sec. line. Spring is tributary to Lower Short Gulch which is tributary to Clear Creek

which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.09 cfs. Getty Spring 16C located in Sec. 29,

T5S, R97W, 4900 ft South of the North Sec. line and 4600 ft East of the West Sec. line. Spring is tributary to Lower Short Gulch

which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.02 cfs. Getty

Spring 17A located in Sec. 2, T6S, R98W, 900 ft South of the North Sec. line and 1625 ft East of the West Sec. line. Spring is

tributary to Cliffs on Doe/Short Gulch which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the


East of the West Sec. line. Spring is tributary to Weisse Creek which is tributary to Clear Creek which is tributary to Roan Creek

which is tributary to the Colorado River. Amount: 0.67 cfs. Getty Spring 18B located in Sec. 17, T5S, R97W, 4400 ft South of the

North Sec. line and 1400 ft East of the West Sec. line. Spring is tributary to Weisse Creek which is tributary to Clear Creek which is

tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.01 cfs. Getty Spring 18C located in Sec. 20, T5S, R97W,

2675 ft South of the North Sec. line and 0 ft East of the West Sec. line. Spring is tributary to Weisse Creek which is tributary to Clear

Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.02 cfs. Getty Spring 19A located in Sec.

29, T5S, R97W, 750 ft South of the North Sec. line and 725 ft East of the West Sec. line. Spring is tributary to Weisse Creek which is

tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount: 0.04 cfs. Getty Spring

19B located in Sec. 29, T5S, R97W, 1250 ft South of the North Sec. line and 400 ft East of the West Sec. line. Spring is tributary to

Weisse Creek which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to the Colorado River. Amount:

0.03 cfs. Getty Spring 19C located in Sec. 30, T5S, R97W, 1550 ft South of the North Sec. line and 4900 ft East of the West Sec. line.

Spring is tributary to Weisse Creek which is tributary to Clear Creek which is tributary to Roan Creek which is tributary to Colorado

River. Amount: 0.01 cfs. Getty Spring 20A located in Sec. 19, T5S, R97W, 5000 ft South of the North Sec. line and 2100 ft East of

the West Sec. line. Spring is tributary to Weisse Creek which is tributary to Clear Creek which is tributary to Roan Creek which is

tributary to the Colorado River. Amount: 0.07 cfs. With respect to each Getty Spring described above, in 88CW124 absolute decrees

were issued for domestic uses, which included livestock watering for the full amount claimed in each of these springs for which the

claim is equal to or less than 0.033 cfs; and for each of the said springs for which the conditional decree is in excess of 0.033 cfs, an

absolute decree was entered for 0.033 cfs for domestic purposes which includes stock watering. Except for the said grant of absolute

decrees, the remaining quantities and uses remain conditional. The Application contains 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 to the

Getty Oil Company Water System water rights described above, including expenditures. Each of the structures and water rights

named above constitutes a feature of the Getty Oil Company Water System, and all work performed with respect to development of

each of the water rights described above constitutes diligence toward each and all of the conditional decrees. Name and address of

owner(s) of land: All of the structures for the water rights described above will be on lands owned by the Applicant with the

following exceptions: Roan Creek Reservoir and Roan Creek Reservoir Enlarged facilities, including their storage pools and the

facilities associated with their decreed alternate places of storage, will be located in part on land managed by the United States Bureau

of Land Management, 2815 H Road, Grand Junction, Colorado 81506; and Getty Springs 2A and 4A and a portion of the storage pool

for the Getty West Fork of Parachute Creek Reservoir will be located on lands owned by Eva and Timothy Uphoff, 17037 County

Road 5, Rifle, Colorado 81650. Applicant requests that this Court enter a decree finding that Applicant has exercised reasonable

MAY 2013 RESUME


diligence in the development of the conditional water rights which are the subject of this Application, and for such other and further

relief as this Court deems just and proper in the premises. (33 pages)











13CW3006 MESA COUNTY; Application for Findings of Reasonable Diligence; Applicants: David and Theresa Waller; please direct

all correspondence and pleadings to Applicants’ attorneys: Mary Elizabeth Geiger, GARFIELD & HECHT, PC, 420 Seventh Street, Suite

100, Glenwood Springs, CO 81601, (970) 947-1936, [email protected]; Information from prior decree: Original decree

entered May 30, 2007, in Case No. 06CW214, District Court in and for Water Division No. 5. Name of structure: Morrison Ditch;

Location: in the South 1/2, Southeast 1/4 of Section 36, Township 2 North, Range 2 West of the Ute Meridian located approximately 1200

feet from the South section line and 450 feet from the east section line of said section. Source: Wastewater and other waters which may

accumulate in the drainage ditch from water originally diverted by the Grand Valley Drainage District, all tributary to the Colorado

River. Appropriation date: May 1, 2001. Amount: 0.30 c.f.s., conditional. Uses: Irrigation and stockwatering. Location of use: Water from

the Morrison Ditch will be used to irrigate about 3 acres of land located on Lot 2 of the Wells Exemption Plat which lot is 6.06 acres

in size and generally in the S1/2 SE ¼ Section 36 T. 2 S., R. 2 W. of the Ute Meridian. Owner of Land upon which diversion is located:

Applicants. Remarks:The diversion point is located on a drainage ditch. Applicants are limited to the water physically available at the

location of the pint of diversion in priority and has no guarantee that water may be available at this location. The Application includes a

Detailed outline of work performed during the diligence period toward the development of the subject water right and application of said

water right to beneficial use (4 pages plus map and supplemental information dated 5/30/13). (5 pages)











13CW3007 GRAND COUNTY, TEN MILE CREEK, FRASER & COLO RIVERS. Application for Findings of Reasonable

Diligence. High Golf, LLC, c/o Jefferson V. Houpt, Beattie, Chadwick & Houpt, 932 Cooper Ave, Glenwood Springs, (970) 945-

8659. Grand Elk Pond A, First Enlargement: Original decree entered on 05/31/07 in Case No. 01CW354. Location: NE¼SE¼ of Sec

1, T1N, R76½W, 6th

PM, 2,650 ft S of N Sec Line and 280 ft W of E Sec Line of Sec 1. Source: Ten Mile Creek, groundwater trib to

Fraser & Colo Rivers. Appropriation date: 05/15/01. Amount: 47 af, conditional, with the right to fill and refill in priority. Uses:

Irrigation, aesthetic, augmentation, recreation, and wildlife propagation in and adjacent to the pond and ditch system through which

the subject water right is exercised. Name and capacity of sources used to fill reservoir: Grand Elk Golf Diversion No. 1, located at a

point 1,200 ft S of N Sec Line, 2,400 ft E of W Sec Line of Sec 6, T1N, R76W, 6th

PM, the source is Fraser River. Grand Elk Golf

Diversion No. 1A, located in the NW¼NE¼ Sec 6, T1N, R76W, 6th

PM, at a point on the Fraser River which is 900 ft S of N Sec Line

and 2,650 ft W of E Sec Line of Sec 6, the source is Fraser River. Grand Elk Golf Diversion No. 2, located at a point 1,300 ft N of S

Sec Line, and 1,500 ft W of E Sec Line of Sec 6, T1N, R76W, 6th

PM, the source is Ten Mile Creek. Grand Elk Golf Diversion No.

2A, located in NE¼SE¼ of Sec 1, T1N, R76½W, 6th

PM, at a point on Ten Mile Creek which is 2,610 ft S of N Sec Line and 90 ft W

of E Sec Line of Sec 1, the source is Ten Mile Creek. Grand Elk Well No. 1, the source is groundwater trib to Ten Mile Creek, trib to

Fraser & Colo Rivers. Max rate of fill: 10 cfs, total combined from all sources. Surface area of high water line: 7 acres. Total capacity:

67 af, of which 47 af is claimed as Grand Elk Pond A, First Enlargement. Grand Elk Well No. 1: Original decree entered on 05/31/07

in Case No. 01CW354. Location: NW¼SW¼ of Sec 6, T1N, R76W, 6th

PM, 2,600 ft S of N Sec Line and 950 ft E of W Sec Line of

Sec 6. Source: Groundwater trib to Ten Mile Creek, trib to Fraser & Colo Rivers. Appropriation date: 05/15/01. Amount: 500 gpm,

conditional, annual appropriations will not exceed 270.14 af. Uses: Irrigation, aesthetic, recreational, wildlife propagation in and


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adjacent to the pond and ditch system through which the subject water right is exercised, and for storage for subsequent application to

these uses and augmentation. Owner of land: Applicant. (7 pages).











13CW3008 (06CW146), GRAND COUNTY, COLORADO RIVER. APPLICATION FOR A FINDING OF REASONABLE

DILIGENCE AND TO MAKE ABSOLUTE IN PART. I. Name, Address and Telephone Number of Applicant. Colorado River

Water Conservation District, acting by and through its Colorado River Water Projects Enterprise, c/o R. Eric Kuhn, Secretary/General

Manger, P. O. Box 1120, Glenwood Springs, Colorado 81602, Telephone: (970) 945-8522, Facsimile: (970) 945-8799. Please direct

all pleadings and correspondence in this case to: Peter C. Fleming and Jason V. Turner. II. Introduction. This Application is filed

pursuant to C.R.S. § 37-92-301(4) and § 37-92-601. The Colorado River Water Conservation District, acting by and through its

Colorado River Water Projects Enterprise (“River District”) is a political subdivision of the State of Colorado formed by the Colorado

Legislature (See C.R.S. § 37-46-101, et seq.) in 1937 for the purpose of safeguarding that portion of the waters of the Colorado River

apportioned to the state by interstate compact and of promoting the welfare of the inhabitants of the River District. Geographically,

the River District encompasses an area of approximately 29,000 square miles, including all of twelve and parts of three western

Colorado counties. Included in that area are the headwaters and tributaries of the Colorado River mainstem and its principal

tributaries, the Gunnison, the White and the Yampa Rivers. The general powers of the River District, set forth in C.R.S. § 37-46-107,

inter alia, direct the River District to make surveys and investigations to ascertain the best method of utilizing stream flows within the

River District and to make appropriations “for the use and benefit of the ultimate appropriators . . . .” This statute further directs the

River District “to perform all acts and things necessary or advisable to secure and insure an adequate supply of water, present and

future, for irrigation, mining, manufacturing, and domestic purposes within said districts [sic].” The conditional water right that is the

subject of this Application was obtained in furtherance of these statutory directives. The Board of Directors of the River District has

maintained its intent to develop the conditional water right that is subject of this Application. The water right involved in this

Application was decreed on June 2, 2000 in Case No. 98CW237, and a finding of reasonable diligence was decreed on May 29, 2007

in Case No. 06CW146, Water Division No. 5. III. Description of conditional water right (as to each structure as depicted on the

map attached hereto as Exhibit A) giving the following from the Referee’s Ruling and Judgment and Decree: A. Name of

Structure: Wolford Mountain Reservoir (“Refill Right”). 1. Date of Original Decree, Case Number and Court: June 2, 2000, Case No.

98CW237, Water Division 5. 2. Legal Description: a. As Decreed: Location of Dam: The dam is located in the SW¼ of the NE¼ of

Section 25, T.2N., R.81W. of the 6th

P.M. The as-built intersection of the dam axis (Sta. D19+35.61) with the West Access Road (Sta.

WR50+55.05), as shown on the Colorado River Water Conservation District, Wolford Mountain Project, Ritschard Dam construction

drawing "Dimensional Dam Layout" sheet 8 of 94, occurs at a point which bears South 53°24'56" East a distance of 3,395.51 feet

from the NW Corner of said Section 25; the bearing of said dam axis from Sta. 19+35.61 to Sta. 0+00 being South 75°28'29" East. b.

PLSS: SW¼ of the NE¼ of Section 25, T.2N., R.81W. of the 6th

P.M. at a point 1,940 feet south of the north section line and 2,760

feet east of the west section line. 3. Source: Muddy Creek and its tributaries, all tributary to the Colorado River. 4. Appropriation

Date: November 17, 1998. 5. Amount: 30,000 a.f. conditional, with 15,895 a.f. being absolute for recreational and piscatorial uses

and flood control. 6. Uses: Certain of the beneficial uses previously adjudicated for Wolford Mountain Reservoir in Case No.

87CW283, Water Division 5 and Case No. 95CW281, Water Division 5. a. 87CW283: The reservoir is used to satisfy the

requirements of the Windy Gap Settlement made with the Municipal Subdistrict of the Northern Colorado Water Conservancy

District. This includes, but is not limited to domestic, municipal, agricultural, and recreational uses. b. 95CW281: All beneficial uses

by and for the benefit of the inhabitants of the River District, including but not limited to domestic, municipal, industrial, irrigation,

agricultural, piscatorial and recreational; such uses will include environmental mitigation, including environmental mitigation

requirements associated with Applicant's Wolford Mountain Reservoir Project; such uses will be made directly or by substitution,

augmentation, or exchange. None of the water stored in the exercise of the right decreed herein will be delivered directly or by

exchange, substitution, or otherwise for use outside of Colorado Water Division No. 5. c. The Refill Right will not be used in

conjunction with the Reservoir capacity (24,000 AF) which is allocated for the supply of water to the Denver Board of Water

Commissioners under Applicant's contractual relationship with Denver, or the Reservoir capacity (6,000 AF) which is allocated for

Colorado River endangered fish releases. IV. Integrated Project. Pursuant to C.R.S. 37-92-301(4)(b), “when 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.” Where work on a

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component of a system is “necessary to the ultimate goal of putting the water to beneficial use,” it is considered part of the integrated

system. Metropolitan Suburban Water Users Ass'n v. Colorado River Water Cons. Dist., 365 P.2d 273, 289 (Colo. 1961). The Refill

Right is part of the larger Wolford Mountain Reservoir Project. The Wolford Mountain Reservoir water rights were appropriated for a

variety of uses including, but not limited to, satisfaction of the Windy Gap Settlement, environmental mitigation, hydro-power, and

irrigation of wetlands (Case Nos. 87CW283, 95CW251, 95CW281, 98CW236). The Refill Right will be used for the same purposes

listed in the identified decrees and the beneficial use of the Refill Right depends on the proper functioning of other aspects of Wolford.

Use of the Refill Right cannot be achieved independent of the other components of Wolford Mountain Reservoir. In Case No.

06CW146, Water Division No. 5, the Court found that the “Wolford Mountain Reservoir Refill Right was a feature of the Wolford

Mountain Reservoir Project and that work on other features of the Wolford Mountain Project will be considered in determining

whether reasonable diligence has been shown for the for the Wolford Mountain Reservoir Refill Right.” Case No. 06CW146 at ¶9.A.

V. Claim to make conditional water right absolute in part. The River District seeks a determination and decree that 15,895 AF of

the Wolford Mountain Reservoir Refill Right has been made absolute for all beneficial uses decreed to Wolford Mountain Reservoir

in Case Nos. 87CW283 and 95CW281, Water Division No. 5. In 2013 the Colorado General Assembly through Senate Bill 13-041

(SB13-041), amended sections of C.R.S. §37-92-101, et seq. (Water Rights Determination and Administration Act of 1969). C.R.S.

§37-92-301 was amended to include section (4)(e) which states: “A decreed conditional water storage right shall be made absolute for

all decree purposes to the extent of the volume of the appropriation that has been captured, possessed, and controlled at the decreed

storage structure.” SB13-041 was signed by the Governor on April 18, 2013. As evidenced by the decree entered in Case No.

98CW237, Water Division No. 5, the River District captured, possessed, and controlled 15,895 AF of the Wolford Mountain

Reservoir Refill Right. Pursuant to C.R.S. §37-92-301(4)(e), the River District hereby requests a determination and decree that 15,895

AF of the Wolford Mountain Reservoir Refill Right be decreed absolute for all beneficial uses decreed to Wolford Mountain

Reservoir in Case Nos. 87CW283 and 95CW281, Water Division No. 5 with an appropriation date of November 17, 1998. In the

alternative, the River District seeks a finding of reasonable diligence with regard to any conditional portion of the Wolford Mountain

Refill Right that is not made absolute as requested above. VI. Claim for finding of reasonable diligence. The River District seeks a

finding of reasonable diligence for the conditional portion of the Wolford Mountain Reservoir Refill right, as decreed in Case No.

98CW237, Water Division 5. VII. Provide a detailed outline of what has been done toward completion or for completion of of

the appropriation and application of water to beneficial use as conditionally decreed including expenditures. During the

Diligence Period, the River District conducted the activities identified below toward development of the conditional water right that is

the subject of this Application. Unless otherwise noted, the expenditures listed herein do not include salaries of River District staff.

The explanation of work accomplished is not all inclusive but is representative of the work accomplished. A. Declaration of Intent.

The Board of Directors of the River District, by formal action on April 17, 2013 declared its continuing intent to develop the

conditional water right that is the subject of this Application. B. Wolford Mountain Reservoir Operations. 1. The River District spent

approximately $3,776,574 on operations at Wolford Mountain Reservoir. These operational expenses include facilities maintenance

and repair, utilities expenses, operation of the potable water system, security for the recreation area, weed control, water quality

analysis, USGS water quality monitoring, USGS stream flow gauging, operation and maintenance expenses associated with the

recreation area, road maintenance at the reservoir, surveying and mapping of the reservoir, fisheries stocking, mitigation area

operation and maintenance and modeling in support of the River District’s Water Marketing Program. The River District spent an

additional $70,687 and $11,593 on work towards developing hydropower facilities at Wolford Mountain Reservoir and costs

associated with the Wolford Mountain Reservoir enlargement respectively. These activities contribute to the development of the

Wolford Mountain Reservoir Refill Right and demonstrate the River District’s continuing intent to develop and maximize all

components of Wolford Mountain Reservoir of which the Refill Right is an integrated and necessary component for the River

District’s maximum use of the reservoir. 2. The River District made payments in the amount of $14,464,471 to the CWCB in

repayment of a construction loan that was used, along with other funds, to construct Wolford Mountain Reservoir. The River District

paid off the CWCB loan in 2012. 3. The River District has been working to develop hydropower facilities at Wolford Mountain

Reservoir dam pursuant to the River District’s hydropower water right, originally decreed in Case No. 87CW284, Water Division 5.

Developing hydropower facilities at Wolford Mountain Reservoir and increasing releases to generate hydroelectric energy will

facilitate the River District’s efforts to make the remaining conditional water rights in this application absolute. On September 18,

2010, in Case No. 2009CW81, the River Distinct was awarded a decree finding that it had been reasonably diligent in the development

of the River District’s hydropower right at Wolford Mountain Reservoir. 4. The River District negotiated and entered into

approximately forty-six water marketing contracts pursuant to its Water Marketing Program for Colorado River Supplies which

include Wolford Mountain Reservoir as a source of supply. The Wolford Mountain Reservoir Refill Right is integral to the continued

maximization of the River District’s Water Marketing Program. C. Endangered Species. The River District has been involved in

extensive scientific analyses and lobbying efforts concerning the recovery of endangered fish species in the Colorado River basin.

This work includes the partial funding and extensive participation in a multi-phase study to identify a source of the 10,825 acre feet of

water to satisfy the obligation of water users within the State of Colorado to the recovery of the endangered fishes. During the

diligence period, the River District made available 5412.5 acre feet of water from Wolford Mountain Reservoir to assist in satisfying

the water users’ obligation until a permanent source of the 10,825 acre feet was identified and secured. Due to these efforts the River

District, acting by and through its Water Projects Enterprise has entered into a contract with the Bureau of Reclamation for 5,412.5 AF

MAY 2013 RESUME


of water from Ruedi Reservoir to satisfy the West Slope’s obligation. The River District contributed significant resources to the

Environmental Assessment used to implement the preferred alternative for supplying the 10,825 water. These efforts are necessary

and appropriate in order for the River District and other water users within its boundaries to secure permitting approvals for the

construction and operation of water projects. D. Legislation. The River District annually participates actively in legislative processes

regarding water-related matters before both the United States Congress and the Colorado General Assembly. The River District has

monitored and lobbied concerning the activities of various committees of the United States Congress concerning environmental

legislation, particularly the Endangered Species Act, Clean Water Act, and the National Environmental Policy Act (“NEPA”) as such

environmental acts relate to the construction of projects and utilization of water within Western Colorado. The River District also

monitors and lobbies in the Colorado General Assembly on matters related to water rights and water project development. E.

Endangered Species. A significant concern and restriction regarding the development of projects in Colorado Water Division No. 5 is

the existence and status of four native fish species that have been listed as “endangered” by the Fish & Wildlife Service pursuant to

the Endangered Species Act. Because the U.S. Fish and Wildlife Service has determined that water depletions in the Colorado River

basin jeopardize the continued existence of those fish species, it is necessary for the River District and other water users to

successfully address the alleged jeopardy of those species. F. Salinity. The River District continues to participate and fund efforts to

reduce the salinity of the Colorado River, as well as the operation of the Colorado River mainstem reservoirs, to ensure to the River

District, as well as to the State of Colorado, an adequate supply of water from the Colorado River as provided by the Colorado River

Compacts. G. USGS Gauging. The River District participates in the funding of the United States Geological Survey (“USGS”)

hydrology and water quality gauging stations throughout the District in order to better assess the availability of water for development

pursuant to its various projects. H. Wild and Scenic Alternative Management Plan. The River District expended significant staff time

and financial resources in developing a stakeholder driven alternative management plan to federal wild and scenic designation for the

Colorado River mainstem. A federal wild and scenic designation may have impacted the development of the conditional water rights

at issue in this Application. I. Environmental Permitting for Trans-Mountain Diversions. The River District, has participated in the

environmental permitting process for Denver Water’s Moffat Collection System Project and the Windy Gap Firming Project for

Northern Water’s Municipal Subdistrict. Both of these projects could potentially affect water supplies in the Colorado River basin and

therefore the River District has participated in these processes. J. CRCA and Windy Gap Firming Project IGA. The River District has

expended significant staff time and financial resources in negotiating agreements with Denver Water and Northern Water’s Municipal

Subdistrict. These agreements will resolve various disputes involving both present and future operations on the West Slope, including

operations at Wolford Mountain Reservoir. K. Water Court Activities. The River District filed many applications and prosecuted

water court proceedings concerning absolute and conditional water rights owned by the River District in Water Division 5. In

addition, the River District filed numerous Statements of Opposition to protect its water marketing supply from Wolford Mountain

Reservoir. VI. Names and Addresses of Owners of Lands on which Structure for the Water Right is Located: The lands on

which the dam for Wolford Mountain Reservoir and the lands within the Reservoir's high water line are owned by the following: A.

Colorado River Water Conservation District (Applicant). B. Bureau of Land Management, Kremmling Field Office, P.O. Box 68,

Kremmling, CO 80459. WHEREFORE, the River District respectfully requests that the Court: (1) find that the River District has

made 15,895 acre feet of the Wolford Mountain Reservoir Refill Right absolute for the beneficial uses decreed to Wolford Mountain

Reservoir in Case Nos. 87CW283 and 95CW281, Water Division No. 5 with an appropriation date of November 17, 1998; (2) find

that the River District has exercised reasonable diligence in the development of any remaining conditional portion of the Refill Right;

(3) rule that the remaining conditional amount of the Refill Right be continued in full force and effect; (4) set a date for a subsequent

application for a finding of reasonable diligence; and (5) re-affirm that the Refill Right is a feature of an integrated system of water

rights, and that work done on one feature of the project shall be considered in finding that reasonable diligence has been shown in the

development of water rights for all features of the entire project. (10 pages)











13CW3009 GRAND COUNTY, FRASER AND COLORADO RIVERS. Application for Findings of Reasonable Diligence.

Carlisle Grace, Ltd., c/o Jefferson V. Houpt, Beattie, Chadwick & Houpt, 932 Cooper Ave, Glenwood Springs, (970) 945-8659.

Original decree for all Springs and Ponds entered on 05/29/07 in Case No. 05CW280. Crystalline Spring No. 1: Located NE¼SE¼,

Sec 34, T1S, R75 W, 6th PM, 467 ft from E and 2228 ft from S line of Sec 34. Source: Spring trib to Hamilton/Hurd/Ranch Creeks, trib to

Fraser/Colo. Rivers. Appropriation date: 07/30/86 for domestic use; 10/18/05 for all other uses. Amount: 5 gpm, absolute for domestic

MAY 2013 RESUME


use; 10 gpm, conditional for domestic use; 15 gpm, conditional for all other uses. Uses: Domestic (ordinary domestic uses, up to 3

single-family homes), irrigation, stockwatering, wildlife habitat and watering, aesthetic, and to fill Crystalline Pond Nos. 2, 3, 8 and 9.

Crystalline Spring No. 2: Located NE¼SE¼, Sec 34, T1S, R75W, 6th

PM, 353.1 ft from E line and 2054.7 ft from S line of Sec 34.

Source: Spring trib to Hamilton/Hurd/Ranch Creeks, trib to Fraser/Colo. Rivers. Appropriation date: 10/18/05. Amount: 15 gpm,

conditional. Uses: Irrigation, stockwatering, domestic (ordinary domestic uses, up to 3 single-family homes), wildlife habitat and

watering, aesthetic, and to fill Crystalline Pond Nos. 2, 3, 8 and 9. Crystalline Spring No. 3: Located NE¼SE¼, Sec 34, T1S, R75W,

6th PM, 922.9 ft from E line and 1539.7 ft from S line of Sec 34. Source: Spring trib to Hamilton/Hurd/Ranch Creeks, trib to Fraser/Colo.

Rivers. Appropriation date: 10/18/05. Amount: 15 gpm, conditional. Uses: Stockwatering, wildlife habitat and watering, aesthetic, and to

fill Crystalline Pond Nos. 4, 7 and 10. Crystalline Spring No. 4: Located NE¼SE¼, Sec 34, T1S, R75W, 6th PM, 845.5 ft from E line and

1812.7 ft from S line of Sec 34. Source: Spring trib to Hamilton/Hurd/Ranch Creeks, trib to Fraser/Colo. Rivers. Appropriation date:

10/18/05. Amount: 15 gpm, conditional. Uses: Stockwatering, wildlife habitat and watering, aesthetic, and to fill Crystalline Pond Nos.

3, 4, 7, 9 and 10. Crystalline Spring No. 5: Located NE¼SE¼, Sec 34, T1S, R75W, 6th PM, 942.7 ft from E line and 2535.6 ft from S

line of Sec 34. Source: Spring trib to Hurd/Ranch Creeks, trib to Fraser/Colo. Rivers. Appropriation date: 10/18/05. Amount: 15 gpm,

conditional. Uses: Stockwatering, wildlife habitat and watering, and aesthetic, and to fill Crystalline Pond Nos. 6 and 11. Crystalline

Spring No. 6: Located NW¼SE¼, Sec 34, T1S, R75W, 6th PM, 1557.1 ft from E line and 2442.0 ft from S line of Sec 34. Source: Spring

trib to Hurd/Ranch Creeks, trib to Fraser/Colo. Rivers. Appropriation date: 10/18/05. Amount: 15 gpm, conditional. Uses: Stockwatering,

wildlife habitat and watering, aesthetic, and to fill Crystalline Pond No. 6. Crystalline Spring No. 7: Located NW¼SE¼, Sec 34, T1S,

R75W, 6th PM, 1387.7 ft from E line and 1480.0 ft from S line of Sec 34. Source: Spring trib to Hamilton/Hurd/Ranch Creeks, trib to

Fraser/Colo. Rivers. Appropriation date: 10/18/05. Amount: 15 gpm, conditional. Uses: Irrigation, stockwatering, domestic (ordinary

domestic uses, up to 3 single-family homes), wildlife habitat and watering, aesthetic, and to fill Crystalline Pond Nos. 1, 4, 5, 10 and

12. Crystalline Spring No. 8: Located SE¼SE¼, Sec 34, T1S, R75W, 6th PM, 1256.9 ft from E line and 1187.0 ft from S line of Sec 34.

Source: Spring trib to Hamilton/Hurd/Ranch Creeks, trib to Fraser/Colo. Rivers. Appropriation date: 10/18/05. Amount: 15 gpm,

conditional. Uses: Irrigation, stockwatering, domestic (ordinary domestic uses, up to 3 single-family homes), wildlife habitat and

watering, aesthetic, and to fill Crystalline Pond Nos. 1, 5, 10 and 12. Crystalline Spring No. 9: Located SW¼SE¼, Sec 34, T1S, R75W,

6th PM, 1534.7 ft from E line and 501.7 f from S line of Sec 34. Source: Spring trib to Hamilton/Hurd/Ranch Creeks, trib to Fraser/Colo.

Rivers. Appropriation date: 07/30/86 for wildlife habitat and watering, aesthetic and filling uses; 10/18/05 for all other uses. Amount: 15

gpm, absolute for wildlife habitat and watering, aesthetic and for filling Crystalline Pond No. 1; 15 gpm, conditional for all other uses.

Uses: Irrigation, stockwatering, domestic (ordinary domestic uses, up to 3 single-family homes), wildlife habitat and watering,

aesthetic, and to fill Crystalline Pond No. 1. Crystalline Spring No. 10: Located SW¼SE¼, Sec 34, T1S, R75W, 6th PM, 1502.4 ft from

E line and 473.4 ft from S line of Sec 34. Source: Spring trib to Hamilton/Hurd/Ranch Creeks, trib to Fraser/Colo. Rivers. Appropriation

date: 07/30/86 for wildlife habitat and watering, aesthetic and filling uses; 10/18/05 for all other uses. Amount: 15 gpm, absolute for

wildlife habitat and watering, aesthetic and for filling Crystalline Pond No. 1; 15 gpm, conditional for all other uses. Uses: Irrigation,

stockwatering, domestic (ordinary domestic uses, up to 3 single-family homes), wildlife habitat and watering, aesthetic, and to fill

Crystalline Pond No. 1. Crystalline Spring No. 11: Located SW¼SE¼, Sec 34, T1S, R75W, 6th PM, 2042.8 ft from E line and 377.6 ft

from S line of Sec 34. Source: Spring trib to Hamilton/Hurd/Ranch Creeks, trib to Fraser/Colo. Rivers. Appropriation date: 07/30/86 for

wildlife habitat and watering, aesthetic and filling uses; 10/18/05 for all other uses. Amount: 15 gpm, absolute for wildlife habitat and

watering, aesthetic and for filling Crystalline Pond No. 1; 15 gpm, conditional for all other uses. Uses: Irrigation, stockwatering,

domestic (ordinary domestic uses, up to 3 single-family homes), wildlife habitat and watering, aesthetic, and to fill Crystalline Pond

No. 1. Crystalline Spring No. 12: Located SE¼SW¼, Sec 34, T1S, R75W, 6th PM, 3106.5 ft from E line and 312.4 ft from S line of Sec

34. Source: Spring trib to Hamilton/Hurd/Ranch Creeks, trib to Fraser/Colo. Rivers. Appropriation date: 10/18/05. Amount: 15 gpm,

conditional. Uses: Stockwatering, irrigation, domestic (ordinary domestic uses, up to 3 single-family homes), wildlife habitat and

watering, aesthetic, and to fill Crystalline Pond No.14. Crystalline Spring No. 13: Located SE¼SW¼, Sec 34, T1S, R75W, 6th PM,

2872.9 ft from E line and 594.5 ft from S line of Sec 34. Source: Spring trib to Hamilton/Hurd/Ranch Creeks, trib to Fraser/Colo. Rivers.

Appropriation date: 10/18/05. Amount: 15 gpm, conditional. Uses: Stockwatering, irrigation, domestic (ordinary domestic uses, up to 3

single-family homes), wildlife habitat and watering, aesthetic, and to fill Crystalline Pond Nos. 14 and 15. Crystalline Spring No. 14:

Located SE¼SW¼, Sec 34, T1S, R75W, 6th PM, 3223.4 ft from E line and 681.3 ft from S line of Sec 34. Source: Spring trib to

Hamilton/Hurd/Ranch Creeks, trib to Fraser/Colo. Rivers. Appropriation date: 10/18/05. Amount: 15 gpm, conditional. Uses:

Stockwatering, wildlife habitat and watering, and aesthetic. Crystalline Spring No. 15: Located SE¼SE¼, Sec 34, T1S, R75W, 6th

PM, 1140.0 ft from E line and 953.0 ft from S line of Sec 34. Source: Spring trib to Hamilton/Hurd/Ranch Creeks, trib to Fraser/Colo.

Rivers. Appropriation date: 10/18/05. Amount: 15 gpm, conditional. Uses: Stockwatering, irrigation, domestic (ordinary domestic uses,

up to 3 single-family homes), wildlife habitat and watering, aesthetic, and to fill Crystalline Pond Nos. 1, 5 and 12. Crystalline

Spring No. 16: Located SW¼SE¼, Sec 34, T1S, R75W, 6th PM, 2390.0 ft from E line and 260.0 ft from S line of Sec 34. Source: Spring

trib to Hamilton/Hurd/Ranch Creeks, trib to Fraser/Colo. Rivers. Appropriation date: 09/30/90 for wildlife habitat and watering, aesthetic

and filling uses; 10/18/05 for all other uses. Amount: 15 gpm, absolute for wildlife habitat and watering, aesthetic and for filling

Crystalline Pond No. 13; 15 gpm, conditional for all other uses. Uses: Domestic (ordinary domestic uses, up to 3 single-family

homes), irrigation, stockwatering, wildlife habitat and watering, aesthetic and to fill Crystalline Pond No. 13. Crystalline Pond No. 1:

Located SW¼SE¼, Sec 34, T1S, R75W, 6th PM, center of pond is 1749 ft from E line and 167 ft from S line of Sec 34. Source: Snowmelt

MAY 2013 RESUME


and rainfall runoff and from Crystalline Spring Nos. 7–11 and 15. Appropriation date: 07/30/86 for stockwatering, wildlife habitat and

watering, and aesthetic uses; 10/18/05 for all other uses. Amount: 0.20 af, absolute for stockwatering, wildlife habitat and watering, and

aesthetic; 0.20 af, conditional for all other uses. Uses: Stockwatering, wildlife habitat and watering, aesthetic, irrigation and domestic

purposes. Source used to fill reservoir: Crystalline Spring Nos. 7-11 and 15. Crystalline Pond No. 2: Located NE¼SE¼, Sec 34, T1S,

R75W, 6th PM, center of pond is 815 ft from E line and 2185 feet from the South line of said Section 34. Source: Snowmelt and rainfall

runoff and from Crystalline Spring Nos. 1 and 2. Appropriation date: 10/18/05. Amount: 0.20 af, conditional, with right to fill and refill in

priority. Uses: Irrigation, stockwatering, domestic, wildlife habitat and watering, and aesthetic. Source used to fill reservoir: Crystalline

Spring Nos. 1 and 2. Crystalline Pond No. 3: Located NE¼SE¼, Sec 34, T1S, R75W, 6th PM, center of pond is 910 ft from E line and

1733 ft from S line of Sec 34. Source: Snowmelt and rainfall runoff and from Crystalline Spring Nos. 1, 2 and 4. Appropriation date:

10/18/05. Amount: 0.20 af, conditional, with right to fill and refill in priority. Uses: Stockwatering, wildlife habitat and watering, and

aesthetic. Source used to fill reservoir: Crystalline Spring Nos. 1, 2 and 4. Crystalline Pond No. 4: Located NW¼SE¼, Sec 34, T1S,

R75W, 6th PM, center of pond is 1345 ft from E line and 1343 ft from S line of Sec 34. Source: Snowmelt and rainfall runoff and from

Crystalline Spring Nos. 3, 4 and 7. Appropriation date: 10/18/05. Amount: 0.20 af, conditional, with right to fill and refill in priority.

Uses: Stockwatering, wildlife habitat and watering, and aesthetic. Source used to fill reservoir: Crystalline Spring Nos. 3, 4 and 7.

Crystalline Pond No. 5: Located SE¼SE¼, Sec 34, T1S, R75W, 6th PM, center of pond is 1245 ft from E line and 1083 ft from S line of

Sec 34. Source: Snowmelt and rainfall runoff and from Crystalline Spring Nos. 7, 8 and 15. Appropriation date: 10/18/05. Amount: 0.20 af,

conditional, with right to fill and refill in priority. Uses: Stockwatering, wildlife habitat and watering, and aesthetic. Source used to fill

reservoir: Crystalline Spring Nos. 7, 8 and 15. Crystalline Pond No. 6: Located NW¼SE¼, Sec 34, T1S, R75W, 6th PM, center of pond

is 1735 ft from E line and 2373 ft from S line of Sec 34. Source: Snowmelt and rainfall runoff and from Crystalline Spring Nos. 5 and 6.

Appropriation date: 10/18/05. Amount: 0.20 af, conditional, with right to fill and refill in priority. Uses: Stockwatering, wildlife habitat

and watering, and aesthetic. Source used to fill reservoir: Crystalline Spring Nos. 5 and 6. Crystalline Pond No. 7: Located NE¼SE¼,

Sec 34, T1S, R75W, 6th PM, center of pond is 1055 ft from E line and 1493 ft from S line of Sec 34. Source: Snowmelt and rainfall runoff

and from Crystalline Spring Nos. 3 and 4. Appropriation date: 10/18/05. Amount: 0.20 af, conditional, with right to fill and refill in

priority. Uses: Stockwatering, wildlife habitat and watering, and aesthetic. Source used to fill reservoir: Crystalline Spring Nos. 3 and 4.

Crystalline Pond No. 8: Located NE¼SE¼, Sec 34, T1S, R75W, 6th PM, center of pond is 700 ft from E line and 2095 ft from S line of

Sec 34. Source: Snowmelt and rainfall runoff and from Crystalline Spring Nos. 1 and 2. Appropriation date: 10/18/05. Amount: 0.20 af,

conditional, with right to fill and refill in priority. Uses: Stockwatering, wildlife habitat and watering, and aesthetic. Source used to fill

reservoir: Crystalline Spring Nos. 1 and 2. Crystalline Pond No. 9: Located NE¼SE¼, Sec 34, T1S, R75W, 6th PM, center of pond is

975 ft from E line and 1903 ft from S line of said Sec 34. Source: Snowmelt and rainfall runoff and from Crystalline Spring Nos. 1, 2 and 4.

Appropriation date: 10/18/05. Amount: 0.20 af, conditional, with right to fill and refill in priority. Uses: Stockwatering, wildlife habitat

and watering, and aesthetic. Source used to fill reservoir: Crystalline Spring Nos. 1, 2 and 4. Crystalline Pond No. 10: Located

SW¼SE¼, Sec 34, T1S, R75W, 6th PM, center of pond is 1335 ft from E line and 1230 ft from S line of Sec 34. Source: Snowmelt and

rainfall runoff and from Crystalline Spring Nos. 3, 4, 7 and 8. Appropriation date: 10/18/05. Amount: 0.20 af, conditional, with right to fill

and refill in priority. Uses: Stockwatering, wildlife habitat and watering, and aesthetic. Source used to fill reservoir: Crystalline Spring

Nos. 3, 4, 7 and 8. Crystalline Pond No. 11: Located NE¼SE¼, Sec 34, T1S, R75W, 6th PM, center of pond is 995 ft from E line and

2490 ft from S line of Sec 34. Source: Snowmelt and rainfall runoff and from Crystalline Spring No. 5. Appropriation date: 10/18/05.

Amount: 0.20 af, conditional, with right to fill and refill in priority. Uses: Stockwatering, wildlife habitat and watering, and aesthetic.

Source used to fill reservoir: Crystalline Spring No. 5. Crystalline Pond No. 12: Located SE¼SE¼, Sec 34, T1S, R75W, 6th PM, center

of pond is 1230 ft from E line and 913 ft from S line of Sec 34. Source: Snowmelt and rainfall runoff and from Crystalline Spring Nos. 7, 8

and 15. Appropriation date: 10/18/05. Amount: 0.20 af, conditional, with right to fill and refill in priority. Uses: Stockwatering,

domestic, wildlife habitat and watering, and aesthetic. Source used to fill reservoir: Crystalline Spring Nos. 7, 8 and 15. Crystalline

Pond No. 13: Located SW¼SE¼, Sec 34, T1S, R75W, 6th PM, center of pond is 2380.0 ft from E line and 160.0 ft from S line of Sec 34.

Source: Snowmelt and rainfall runoff and from Crystalline Spring No. 16. Appropriation date: 09/30/90 for stockwatering, wildlife habitat

and watering, and aesthetic uses; 10/18/05 for all other uses. Amount: 0.13 af, with the right to fill and refill in priority, absolute for

stockwatering, wildlife habitat and watering, and aesthetic; 0.13 af, with the right to fill and refill in priority, conditional for all other

uses. Uses: Stockwatering, wildlife habitat and watering, aesthetic, domestic and irrigation. Source used to fill reservoir: Crystalline

Spring No. 16. Crystalline Pond No. 14: Located SE¼SW¼, Sec 34, T1S, R75W, 6th PM, center of pond is 3035.0 ft from E line and

240.0 ft from S line of Sec 34. Source: Snowmelt and rainfall runoff and from Crystalline Spring Nos. 12 and 13. Appropriation date:

10/18/05. Amount: 0.20 af, conditional, with right to fill and refill in priority. Uses: Stockwatering, domestic, wildlife habitat and

watering, aesthetic and irrigation. Source used to fill reservoir: Crystalline Spring Nos. 12 and 13. Crystalline Pond No. 15: Located

SE¼SW¼, Sec 34, T1S, R75W, 6th PM, center of pond is 2875.0 ft from E line and 495.0 ft from S line of Sec 34. Source: Snowmelt and

rainfall runoff and from Crystalline Spring No. 13. Appropriation date: 10/18/05. Amount: 0.20 af, conditional, with right to fill and refill

in priority. Uses: Stockwatering, irrigation, domestic, wildlife habitat and watering, and aesthetic. Source used to fill reservoir:

Crystalline Spring No. 13. Owner of land: Applicant. (27 pages).




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13CW3010 GUNNISON COUNTY, CRYSTAL, ROARING FORK AND COLORADO RIVERS. Application for Findings of

Reasonable Diligence. Larry and Dana Darien, c/o Jefferson V. Houpt, Beattie, Chadwick & Houpt, 932 Cooper Ave, Glenwood

Springs, (970) 945-8659. Darien Well No. 1: Original decree entered on 12/13/99 in Case No. 98CW133; subsequent decree entered

on 05/29/07 in Case No. 05CW217. Location: SE¼NE¼ of Sec 20, T11S, R88W, 6th

PM, 2,500 ft S of N sec line and 760 ft W of E

sec line of Sec 20. Source: Groundwater trib to Crystal, Roaring Fork and Colo Rivers. Appropriation date: 03/25/98. Amount: 15

gpm (0.033 cfs), absolute, with a max annual diversion of 0.33 af; 30 gpm (0.067 cfs), conditional, with a max annual diversion of

0.67 af. Uses: Commercial and domestic use (drinking, sanitary and household uses). Ute Meadows Well No. 1: Location:

SW¼SW¼SE¼ of Sec 21, T11S, R88W, 6th PM, 1800 ft W of E sec line and 100 ft N of S sec line of Sec 21. Ute Meadows Well No.

2: Location: SW¼SW¼SE¼ of Sec 21, T11S, R88W, 6th

PM, 2000 ft W of E sec line and 200 ft N of S sec line of Sec 21. Ute

Meadows Well No. 3: Location: SW¼SW¼SE¼ of Sec 21, T11S, R88W, 6th

PM, 2300 ft W of E sec line and 300 ft N of S sec line of

Sec 21. Ute Meadows Well No. 5: Location: NW¼SE¼SW¼ of Sec 21, T11S, R88W, 6th

PM, 3500 ft W of E sec line and 1150 ft N

of S sec line of Sec 21. All Ute Meadows Wells: Original decree entered on 11/19/99 in Case No. 98CW245; subsequent decree

entered on 05/29/07 in Case No. 05CW218. Source: Groundwater trib to Crystal, Roaring Fork and Colo Rivers. Appropriation date:

12/31/98. Amount: 15 gpm (0.033 cfs), conditional, with a max annual diversion of 0.336 af. Uses: In-house domestic (drinking,

sanitary and household uses) only. Depth: Approx 75 ft. Owners of land: Murray and Dottie Daniels, 130 Crystal Canyon Drive,

Carbondale, CO, 81623 (owners of Lot 3, Darien River Subdivision); and Applicants. (7 pages)











13CW3011 GARFIELD COUNTY, COLORADO RIVER. Application for Findings of Reasonable Diligence. James Craig &

Doris Bair, c/o Jeff Houpt of Beattie, Chadwick & Houpt, 932 Cooper Ave, Glenwood Springs, (970) 945-8659. Marble Springs:

Located in Sec 22, T5S, R87W, 6th

PM, 1,100 ft N of S sec line and 2,420 ft W of E sec line. Source: Near surface groundwater trib to

Ike Creek, trib to Colo River. Appropriation date: 12/31/00. Amount: 0.045 cfs total, with 0.032 cfs absolute and 0.013 cfs

conditional. Homestead Spring: Located in Sec 23, T5S, R87W, 6th

PM, 1,300 ft N of S Sec line and 1,950 ft E of W sec line. Source:

Near surface groundwater trib to Spruce Creek, trib to Colo River. Appropriation date: 12/31/00. Amount: 0.033 cfs conditional.

Marble Well: Located in Sec 22, T5S, R87W, 6th

PM, 1,100 ft N of S sec line and 2,390 ft W of E sec line. Source: Groundwater trib

to Ike Creek, trib to Colo River. Appropriation date: 08/25/05. Amount: 0.045 cfs conditional. Hunting Cabin Well: Located in Sec 22,

T5S, R87W, 6th

PM, 2,340 ft N of S sec line and 1,800 ft W of E sec line. Source: Groundwater trib to Ike Creek, trib to Colo River.

Appropriation date: 08/25/05. Amount: 0.033 cfs conditional. Spruce Lodge Well: Located in Sec 26, T5S, R87W, 6th

PM, 420 ft S of

N sec line and 2,510 ft E of W sec line. Source: Groundwater trib to Spruce Creek, trib to Colo River. Appropriation date: 08/25/05.

Amount: 0.033 cfs conditional. Homestead Well: Located in Sec 23, T5S, R87W, 6th

PM, 1,300 ft N of S sec line and 1,980 ft E of W

sec line. Source: Groundwater trib to Spruce Creek, trib to Colo River. Appropriation date: 08/25/05. Amount: 0.033 cfs conditional.

All structures: Original decree entered on 05/29/07 in Case No. 05CW164. Uses: Irrigation, fire protection, domestic and commercial.

Depth of wells: Approx 50 ft. Owners of land: Applicants. (7 pages)






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13CW3012 ROUTT COUNTY. COLORADO RIVER. King Creek Ranch, LLC, c/o Patrick, Miller, Kropf & Noto, P.C., Scott C.

Miller, Esq. & Danielle L. Van Arsdale, Esq., 0197 Prospector Road, Suite 2104A, Aspen, CO 81611, (970) 920-1028.

APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND FOR CHANGE OF WATER RIGHTS. First Claim for

Finding of Reasonable Diligence and for Change of Water Right. Name of structure: Shop Pond. Type: Reservoir. Conditional water

right description: Original decree: July 28, 2000. Case No.: 97CW302, District Court, Division 5 Water Court. Diligence decree:

06CW153, May 29, 2007. Legal description: The centerline of the dam axis is located 2400 feet from the South line and 2350 feet

from the East line in the NW ¼ of the SE ¼ of Section 34, Township 1 North, Range 84 West of the 6th

P.M. Source: Red Dirt Creek,

tributary to the Colorado River; Shop Pond is filled by natural runoff tributary to Red Dirt Creek and by water delivered to the

watershed above the pond from Grimes Brooks Reservoir via the Kirby Jones Ditch. Appropriation date: October 15, 1997. Total

amount decreed: 33.4 acre-feet. Uses remaining conditional: Irrigation and augmentation. Case No. 97CW302 decreed the Shop Pond

absolute for 33.4 acre-feet for aesthetic, piscatorial, recreation, fire protection, stock water, wildlife habitat and wetland creation

purposes. General description of place of use: King Creek Ranch. Legal description and acreage of land decreed for irrigation:

Approximately 100 acres located within the west half of Section 35, Township 1 North, Range 84 West of the 6th

P.M. Work to

complete the appropriation, including expenditures is on file with the Court. Request for Change of Water Right: Complete statement

of change: Applicant requests a change of the Shop Pond water right to reflect the “as-built” location of this structure and to change

the location of the 100 acres to be irrigated by this structure, as follows: Actual as-built location of the Shop Pond. UTM coordinates:

Northing: 4429413. Easting: 347344. Zone 13. Source of UTMs: Garmin eTrex Vista. Accuracy of location displayed on GPS Devise:

+/- 30 feet. Additional irrigated acreage: Applicant wishes to add an additional location for the irrigation use for the Shop Pond. The

Shop Pond is currently decreed to irrigate 100 acres in the west ½ of Section 35, Township 1 North, Range 84 West, 6th

P.M.

(“Section 35”). Because most of Section 35 is uphill and across the highway form the actual “as-built” location of the Shop Pond,

Applicant wishes to add Section 3, Township 1 South, Range 84West, 6th

P.M. as an additional location of irrigation. Applicant is not

increasing the total amount of irrigation; Applicant merely wants to provide the Court with an accurate location of place of use.

Applicant owns the land upon which the structure is located and the water will be used. Second Claim for Finding of Reasonable

Diligence: Name of structure: Washburn Cabin Pond. Type: Reservoir. Conditional water right description: Original decree: July 28,

2000. Case No.: 97CW302, District Court, Division 5 Water Court. Diligence decree: 06CW153, May 29, 2007. Legal description:

The centerline of the dam axis is located 1150 feet from the North line and 2450 feet from the East line on the NW ¼ of the NE ¼ of

Section 36, Township 1 North, Range 84 West of the 6th

P.M. Source: Unnamed tributary to Egeria Creek, tributary to the Colorado

River. Appropriation date: October 15, 1997. Total amount decreed: 14.0 acre-feet. Uses remaining conditional: Augmentation. Case

No. 97CW302 decreed the Washburn Cabin Pond absolute for 14.0 acre-feet for aesthetic, piscatorial, recreation, fire protection, stock

water, wildlife habitat and wetland creation purposes. Case No. 06CW153 decreed the Washburn Cabin Pond absolute for irrigation

use. General description of place of use: King Creek Ranch as shown on the map on file with the Court. Work to complete the

appropriation, including expenditures is on file with the Court. Applicant owns the land upon which the structure is located and the

water will be used. Third Claim: For Finding of Reasonable Diligence and Change of Water Right. Name of structure: Railroad Pond.

Type: Reservoir. Conditional water right description: Original decree: July 28, 2000. Case No.: 97CW302, District Court, Division 5

Water Court. Diligence decree: 06CW153, May 29, 2007. Legal description: The centerline of the dam axis is located 2450 feet from

the North line and 250 feet from the West line in the SW ¼ of the NW ¼ of Section 25, Township 1 North, Range 84 West of the 6th

P.M. Source: Unnamed tributary to Egeria Creek, tributary to the Colorado River. Appropriation date: October 15, 1997.Total amount

decreed: 8.4 acre-feet. Uses remaining conditional: Irrigation and augmentation. Case No. 97CW302, decreed the Railroad Pond

absolute for 8.4 acre-feet for aesthetic, piscatorial, recreation, fire protection, stock water, wildlife habitat and wetland creation

purposes. General description of place of use: King Creek Ranch. Legal description and acreage of land decreed for irrigation:

Approximately 100 acres located within the west half of Section 25, Township 1 North, Range 84 West of the 6th

P.M. Work to

complete the appropriation, including expenditures is on file with the Court. Request for Change of Water Right: Complete statement

of change: Applicant requests a change of the Railroad Pond water right to change the location of the 100 acres to be irrigated by this

structure, as follows: Additional irrigated acreage: Applicant wishes to add an additional location for the irrigation use for the Railroad

Pond. The Railroad Pond is currently decreed to irrigate 100 acres in the west ½ of Section 25, Township 1 North, Range 84 West, 6th

P.M. (“Section 25”). Because most of Section 25 is uphill of the Railroad Pond, Applicant wishes to add Section 26, Township 1

North, Range 84 West, 6th

P.M. as an additional location of irrigation. Applicant is not increasing the total amount of irrigation;

Applicant merely wants to provide the Court with an accurate location of place of use. Applicant owns the land upon which the

structure is located and the water will be used. Fourth Claim: For Finding of Reasonable Diligence. Name of structure: School House

Pond. Type: Reservoir. Conditional water right description: Original decree: July 28, 2000. Case No.: 97CW302, District Court,

Division 5 Water Court. Diligence decree: 06CW153, May 29, 2007. Legal description: The centerline of the dam axis is located 150

feet from the South line and 1700 feet from the West line in the SE ¼ of the SW ¼ of Section 25, Township 1 North, Range 84 West

MAY 2013 RESUME


of the 6

th P.M. Source: Unnamed tributary to Egeria Creek, tributary to the Colorado River. Appropriation date: October 15, 1997.

Total amount decreed: 8.5 acre-feet. Uses remaining conditional: Irrigation and augmentation. Case No. 97CW302 decreed the School

House Pond absolute for 8.5 acre-feet for aesthetic, piscatorial, recreation, fire protection, stock water, wildlife habitat and wetland

creation purposes. General description of place of use: King Creek Ranch. Legal description and acreage of land decreed for

irrigation: Approximately 100 acres located within the west half of Section 25, Township 1 North, Range 84 West of the 6th

P.M.

Work to complete the appropriation, including expenditures is on file with the Court. Applicant owns the land upon which the

structure is located and the water will be used. (11 pages)











13CW3013 A&G PARTNERSHIP, LLP, A&G Partnership, LLP, 710 South 15th Street, Grand Junction, Colorado 81501, Attorney:

John P. Justus, Esq., HOSKIN FARINA & KAMPF, Professional Corporation, 200 Grand Avenue, Suite 400, Post Office Box 40,

Grand Junction, Colorado 81502-0040. APPLICATION FOR FINDING OF REASONABLE DILIGENCE in MESA COUNTY.

Name of structure: Fletcher Diversion. Description of conditional water right: Original Decree: Decree entered July 31, 1975 in Case

No. W-2633 by the District Court in and for Water Division 5. Subsequent decrees awarding findings of diligence: Decrees entered

in Case Nos. 06CW130, 99CW236, 93CW86, 87CW112, and 79CW4 by the District Court in and for Water Division 5. Legal

description of point of diversion: The decreed point of diversion for the Fletcher Diversion is at a point 3100 feet from the south

section line and 300 feet from the east section line in the SE1/4 of the NE1/4 of Section 29, Township 1 North, Range 2 West of the

Ute Meridian, Mesa County, Colorado. Source of water: Colorado River. Appropriation Date: June 1, 1973. Amount: 6.0 cubic feet

per second of time, Conditional. Use: Industrial, residential, commercial, recreation, fire protection, watering of animals, lawn, shrub

and garden irrigation. 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: Applicant acquired the Fletcher Diversion

water right in 2006. The Fletcher Diversion water right is contemplated to serve property in Mesa County, Colorado, that has been

conferred with a PUD approval for subdivision development. The property to be served by the Fletcher Diversion is owned by Black

Rock GJ, LLC, a Colorado limited liability company that is affiliated with Applicant. The Fletcher Diversion water right is a critical

component of that project and will provide water for industrial, residential, commercial, recreation, fire protection, watering of

animals, lawn, shrub and garden irrigation in that subdivision development. During the diligence period the Applicant commissioned

the completion of engineering plans by O’Connor Design Group, Inc., for the diversion pump and lift from the Colorado River a t a

cost of $450. Additionally, during the diligence period Applicant and its affiliated entity also had a right-of-way cleared for an access

road to the point of diversion on the Colorado River at a cost of $1,880.00 so that the pump and diversion infrastructure necessary to

divert water from the Colorado River pursuant to the Fletcher Diversion can be constructed. Furthermore, Applicant, through its

attorneys, has commenced negotiations for the use of an 8” pipeline currently owned by the City of Fruita that traverses the property

(“Fruita Pipeline”). Applicant anticipates incorporating the Fruita Pipeline into its water delivery system to the property. Mesa

County and the City of Fruita have entered into an intergovernmental agreement vesting land use jurisdiction over the property in the

City of Fruita. Applicant has previously entered into annexation discussions with the City of Fruita, but before annexation could be

completed certain studies regarding the anticipated impacts from the proposed development on traffic, schools and core services were

required. During the diligence period, Mesa County suffered from an extreme economic recession, and the housing market was

adversely affected. Because of the economic downturn and bust of the residential housing market, which were beyond Applicant's

control, the studies necessary to complete the annexation process have been placed on hold. Section 37-92-301(4)(c), C.R.S., provides

that current economic conditions beyond the control of an applicant, which adversely affect the feasibility of perfecting a conditional

water right, shall not be considered to deny a diligence application if other facts show that diligence has been exercised. While it was

not economically feasible for Applicant to develop the Property during the diligence period and place water available pursuant to the

Fletcher Diversion to beneficial use, the facts set forth above demonstrate that the Applicant has been diligent and that the Applicant is

making a steady application of effort to complete the appropriation in a reasonably expedient and efficient manner under the present

facts and circumstances. Applicant intends to continue to develop the Fletcher Diversion and place the water to beneficial use as soon

as reasonably possible. The foregoing description of diligence activities are not intended to be all inclusive, but an illustration of the

diligence of the Applicant with respect to the Fletcher Diversion water rights. The development of those water rights is ongoing and

Applicant anticipates that additional work will be performed between the date of this application and the date that a diligence decree is

MAY 2013 RESUME


entered. Name and address of owner or reputed owner of the land upon which any new diversion is or will be constructed: Black

Rock GJ, LLC, 710 South 15th Street, Grand Junction, Colorado 81501. Application is 4 pages in length with three exhibits.











13CW3014 (06CW163) IN PITKIN COUNTY, COLORADO. APPLICATION FOR FINDING OF REASONABLE DILIGENCE

AND TO MAKE WATER RIGHTS ABSOLUTE. IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF OWL

CREEK MEADOWS, LLC. DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO, 109 8th Street, Suite 104,

Glenwood Springs, CO 81601. 1. Name, Address and Telephone Number of Applicant: Owl Creek Meadows, LLC ("Meadows") P.O.

Box 7877, Aspen, Colorado 81612. Direct all pleadings to: Kristin H. Moseley, William D. Wombacher, Porzak Browning &

Bushong LLP, 929 Pearl Street, Suite 300, Boulder, CO 80302. 2. Names of Structures: (a) Mitchell Pond No. 1 Second Enlargement

(b) Owl Creek Ranc -South Ponds #1 through #8 (c) Owl Creek Ranch-South Augmentation Ponds #1 and #2 (d) Owl Creek Ranch -

South Pump and Pipeline (e) Owl Creek Ranch - South Well #1 (f) Owl Creek Ranch - South Well #2 (g) Owl Creek Ranch - South

Wells #3, #4 and #5 A map denoting the decreed locations for the above referenced structures is attached hereto as Exhibit A. 3.

Description of Conditional Water Rights: (a) Mitchell Pond No. 1 Second Enlargement, decreed for 6 acre feet conditional in Case

No. 91CW243, with an April 1, 1991 appropriation date, the source of which is Spring and Owl Creeks, tributary to the Roaring

Fork River, for domestic, commercial, livestock, irrigation, recreation, and all other beneficial uses. The decreed location is the

NE1/4 NW1/4 of Section 4, T. 10 S., R. 85 W., 6th P.M., at a point 425 feet South of the North line and 3170 feet West of the East

line of said Section 4. (b) Owl Creek Ranch-South Ponds #1 through #8, decreed for 2 acre feet conditional each in Case No.

91CW243, with a November 26, 1991 appropriation date, the source of which is Owl and Spring Creeks and groundwater from the

Owl Creek Ranch - South Wells #1 through #5, all tributary to the Roaring Fork River, for domestic, commercial, livestock, irrigation,

recreation and firefighting uses. The decreed location of these ponds is the SW1/4 of Section 4, the S1/2 of Section 5, and the N1/2 of

Section 8, T. 10 S., R. 85 W., 6th P.M. (c) Owl Creek Ranch-South Augmentation Ponds #1 and #2, decreed for 6 acre feet conditional

each in Case No. 91CW243, with a November 26, 1991 appropriation date, the source of which is Owl and Spring Creeks, tributary to

the Roaring Fork River, for domestic, commercial, livestock, irrigation, recreation and firefighting purposes. The decreed location of

these ponds is the SW1/4 of Section 4, S1/2 of Section 5, and the N1/2 of Section 8, T. 10 S., R. 85 W., 6th P.M. (d) Owl Creek

Ranch-South Pump and Pipeline, decreed for 0.5 cfs conditional in Case No. 91CW243, with a November 26, 1991 appropriation

date, the source of which is Spring Creek, tributary to the Roaring Fork River, for domestic, commercial, livestock, irrigation,

recreation, filling of the Owl Creek Ranch - South Ponds, and firefighting purposes. The point of diversion is located in the NE1/4

SE1/4 of Section 5, T. 10 S., R. 85 W., 6th P.M. at a point whence the East 1/4 corner of said Section 5 bears N. 70 degrees E., 3,250

feet. (e) Owl Creek Ranch-South Well #1, decreed for 35 gpm (0.078 cfs) conditional in Case No. 91CW243, with a March 5, 1991

appropriation date, the source of which is groundwater tributary to the Roaring Fork River, for domestic, commercial, livestock,

irrigation, recreation, filling of the Owl Creek Ranch - South Ponds, and firefighting purposes. The decreed location is 2600 feet North

of the South Section line, and 2250 feet West of the East Section line of Section 5, T. 10 S., R. 85 W., 6th P.M. (f) Owl Creek Ranch-

South Well #2, decreed for 60 gpm (0.134 cfs) conditional in Case No. 91CW243, with a March 15, 1991 appropriation date, the

source of which is groundwater tributary to the Roaring Fork River, for domestic, commercial, livestock, irrigation, recreation, filling

of the Owl Creek Ranch - South Ponds, and firefighting purposes. The decreed location is 2200 feet North of the South Section line

and 4900 feet West of the East Section line of Section 4, T. 10 S., R. 85 W., 6th P.M. (g) Owl Creek Ranch-South Wells #3, #4 and

#5, decreed for 30 gpm (0.067 cfs) conditional each in Case No. 91CW243, the source of which is groundwater tributary to the

Roaring Fork River, for domestic, commercial, livestock, irrigation, recreation, filling of the Owl Creek Ranch-South Ponds, and

firefighting purposes. The decreed location for these wells is the SW1/4 of Section 4, the S1/2 of Section 5, and the N1/2 of Section 8,

T. 10 S., R. 85 W., 6th P.M. 4. Detailed Outline of Work Done to Complete Project and Apply Water to Beneficial Use: During the

requisite diligence period, Meadows prosecuted Case No. 05CW273, which seeks amendment of the augmentation plan associated

with the conditional water rights originally decreed in Case No. 91CW243. The pending application in Case No. 05CW273 seeks to

add Meadow's 21 acre feet contract interest in Ruedi Reservoir as an additional augmentation source to supply the augmented

structures utilizing an appropriative right of exchange. Additionally, the application seeks to include alternative irrigated acreage

located on the eastern portion of Meadows’s property that has historically been irrigated by the Willow & Owl and Wenger Ditches, as

acreage that may be removed from irrigation in order to commit water to the Owl Creek/Roaring Fork basin. Case No. 05CW273 does

not seek to expand the total amount of acres that may be dried up pursuant to the terms of the augmentation plan decreed in Case No.

MAY 2013 RESUME


91CW243, which is a maximum of 10 acres of dry up. Meadows negotiated final stipulations with all three objectors to Case No.

05CW273 and the case is currently pending before Judge Boyd. Meadows has identified irrigated acreage on the eastern portion of its

property that can be designated for permanent dry-up associated with the construction of barns and roads. Once the decree in Case No.

05CW273 is entered, this permanent dry-up will allow the augmentation plan in Case No. 91CW243 to be implemented. Meadows

spent in excess of $200,000 associated with the barn and roads in the area previously historically irrigated by Wegner Ditch and

Willow & Owl Ditch. During the requisite diligence period, Meadows worked with the U.S. Bureau of Reclamation to begin the

process of amending its Ruedi Reservoir Contract No. 009E6C0147 in order to make the contract perpetual in nature. Owl Creek

Meadows also worked with the Colorado River Water Conservation District and contributed funds to participate in the group NEPA

process with other western slope Ruedi Reservoir contract holders in order to amend its Ruedi contract. Meadows has continued to

actively investigate options associated with the construction of Owl Creek Ranch-South Ponds #1 through 8 and Owl Creek Ranch-

South Augmentation Ponds # 1 and #2. Meadows retained Resource Engineering and HP Geotech to install and maintain records for a

series of four piezometers to monitor groundwater levels underlying several of the anticipated pond locations. The attached Exhibit B

shows the locations of the piezometers, and Exhibit C shows the piezometer design detail. Meadows also retained Resource

Engineering to prepare conceptual pond designs associated with the piezometers. Exhibit D shows the locations of three such ponds

and additional design details based on topography and piezometer reading data are provided in Exhibits E-G. Exhibit H shows

locations for two additional conceptual pond locations located on the western portion of the ranch as well as an existing pond, which

Meadows seeks to be made absolute in this application as is detailed further below. Exhibits I and J show design details for the

additional western conceptual ponds. Meadows also retained Sopris Engineering, Inc. to survey portions of the ranch property to assist

with the pond designs. Meadows has also regularly monitored the filings of other water users and has incurred legal and engineering

costs in connection with protecting and developing its water rights, including the activities described above, in an amount in excess of

$80,000.00. 5. Request to Make Water Rights Absolute: Meadows seeks to make Owl Creek Ranch South Pond No. 1 absolute in the

amount of 0.11 acre-feet. As denoted on the attached Exhibit K, the Owl Creek Ranch South Pond No. 1 has a surface area of 0.14

acres and a volume of 0.11 acre-feet. The Owl Creek Ranch South Pond No.1 pond has consistently held water since at least March

30, 2010. 6. Name and address of owner upon which the subject rights are located: Applicant. (6 pages & 11 exhibits)










to object and protest within the time provided by statute, or be forever barred. 13CW3015 PITKIN COUNTY. WOODY CREEK, TRIBUTARY TO THE ROARING FORK RIVER. Rosemary’s Circle R

Ranch East, LLC and Rosemary’s Circle R Ranch West, LLC c/o Patrick, Miller, Kropf & Noto, P.C., Paul L. Noto and Danielle L.

Van Arsdale, 197 Prospector Drive, Suite 2104A, Aspen, CO 81611, (970) 920-1030, [email protected],

[email protected], and c/o Jay Yeary P.O. Box 275, Woody Creek, CO 81656, (970) 922-7271. APPLICATION FOR

FINDING OF REASONABLE DILIGENCE. First Claim: For Finding of Reasonable Diligence: Flying Elk Pond Nos. 1-4.

Description of conditional water rights: Original decree: Case No. 98CW275, Division 5 Water Court, July 10, 2000. Diligence

decree: Case No. 06CW154, Division 5 Water Court, April 16, 2007. Legal descriptions of centerlines of reservoir dams (Pitkin

County): Flying Elk Pond No. 1: The NE ¼ of the SE ¼ of Section 23, Township 9 South, Range 85 West of the 6th

P.M., at a point

located 2,440 feet from the South Section line and 600 feet from the East Section line. This pond is also referred to as the “Village

Ponds.” Flying Elk Pond No. 2: The NE ¼ of the SE ¼ of Section 23, Township 9 South, Range 85 West of the 6th

P.M., at a point

located 1,950 feet from the South Section line and 500 feet from the East Section line. In Case No. 03CW323, Division 5 Water Court,

a portion of this water right was changed to the following locations: Sanders Pond (0.12 acre-foot): The NE ¼ of the SE ¼ of Section

23, Township 9 South, Range 85 West of the 6th

P.M., at a point located 2,020.63 feet from the South Section line and 1,037.70 feet

from the East Section line. Round Barn Pond (0.087 acre-foot): The SW ¼ of the SE ¼ of Section 24, Township 9 South, Range 85

West of the 6th

P.M., at a point located 1,077.64 feet from the South Section line and 2,224.53 feet from the East Section line. Preserve

Pond (0.068 acre-foot): The SE ¼ of the SW ¼ of Section 24, Township 9 South, Range 85 West of the 6th

P.M., at a point located

918.23 feet from the South Section line and 2,536.87 feet from the West Section line. Upper Meadow Pond (1.725 acre-feet): The SE

¼ of the SE ¼ of Section 24, Township 9 South, Range 85 West of the 6th

P.M., at a point located 1,121.73 feet from the South

Section line and 929.31 feet from the East Section line. Flying Elk Pond No. 3: The NW ¼ of the SE ¼ of Section 23, Township 9


P.M., at a point located 1,400 feet from the South Section line and 1,800 feet from the East Section

line. Flying Elk Pond No. 4: The NW ¼ of the SE ¼ of Section 23, Township 9 South, Range 85 West of the 6th

P.M., at a point

located 2,200 feet from the South Section line and 1,900 feet from the East Section line. In Case No. 03CW323, Division 5 Water



MAY 2013 RESUME


Court, a portion of this water right was changed to the following location: Upper Meadow Pond (1.875 acre-feet): The SE ¼ of the SE

¼ of Section 24, Township 9 South, Range 85 West of the 6th

P.M., at a point located 1,121.73 feet from the South Section line and

929.31 feet from the East Section line. Source: Woody Creek, tributary to the Roaring Fork River. Names and capacities of ditches

used to fill reservoirs: Flying Elk Pond No. 1: The Collins Creek Ditch Extension; 16.63 c.f.s. absolute. Flying Elk Pond Nos. 2 and 3:

The Paradise Ditch; 21.0 c.f.s. absolute. Flying Elk Pond No. 4:The Flying Elk Ditch and Pipeline; 0.50 c.f.s. conditional.

Appropriation date: June 12, 1998. Amounts: Flying Elk Pond No. 1: 1.41 acre-feet absolute and 3.59 acre-feet conditional, with the

right to fill and re-fill when water is physically and legally available. Flying Elk Pond No. 2: 0.188 acre-foot absolute and 5.812 acre-

feet conditional, with the right to fill and re-fill when water is physically and legally available. 0.12 acre-foot absolute is associated

with the Sanders Pond, described above, and 0.068 acre-foot absolute at the Preserve Pond as described above. Flying Elk Pond No. 3:

1.80 acre-feet, conditional, with the right to fill and re-fill when water is physically and legally available. Flying Elk Pond No. 4: 2.40

acre-feet, conditional, with the right to fill and re-fill when water is physically and legally available. Uses: Piscatorial, recreational,

and aesthetic. A detailed outline of work toward completion of appropriation and application of water to a beneficial use as

conditionally decreed, including expenditures is on file with the court. The name and address of owners of the land upon which any

new diversion or storage structure is or will be constructed or upon which water is or will be stored: Applicants. Second Claim: For

Finding of Reasonable Diligence: Name of structure: Flying Elk Ditch and Pipeline. Description of conditional water right: Original

decree: Case No. 98CW275, Division 5 Water Court, July 10, 2000. Diligence decree: Case No. 06CW154, Division 5 Water Court,

April 16, 2007. Legal description of point of diversion (Pitkin County): On Woody Creek in the NW ¼ of the SE ¼ of Section 23,

Township 9 South, Range 85 West of the 6th

P.M., at a point located 2,050 feet from the South Section line and 1,550 feet from the

East Section line. Source: Woody Creek, tributary to the Roaring Fork River. Appropriation date: June 12, 1998. Amount: 0.50 c.f.s.

conditional. Use: To place water into storage for subsequent piscatorial, recreational, and aesthetic purposes. A detailed outline of

work toward completion of appropriation and application of water to a beneficial use as conditionally decreed, including expenditures

is on file with the court. The name and address of owners of the land upon which any new diversion structure is or will be constructed:

Applicants.











13CW3016 SUMMIT COUNTY; MIDDLE ROCK CREEK, NORTH ROCK CREEK, ROCK CREEK, BLUE RIVER,

COLORADO RIVER. Monaghan Investments, LLC, 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 and Application to

Make Conditional Water Rights Absolute. First Claim – Application for Finding of Reasonable Diligence. Name of structure: Triple

Creek Ditch. Date of original decree: May 11, 1993, in Case No. 92CW255, District Court, Water Div. 5. Subsequent decrees

awarding findings of diligence: Case No. 99CW89 entered September 25, 1999 and Case No. 05CW180 entered May 29, 2007. Legal

description: The point of diversion will be located in the NE1/4 SE1/4, Section 8, Township 4 South, Range 78 West, 6th

P.M. at a

point located 1,000 feet North of the South line and 200 feet West of the East line, which structure is located in the NE1/4 of the

SE1/4 of Section 8, 1,000 feet North of the South line and 200 feet West of the East line. Source: Middle Rock Creek, tributary to

Rock Creek, tributary to the Blue River, tributary to the Colorado River. Appropriation date: September 25, 1992. Amount: 0.25 cfs

conditional. Uses: Aesthetics, fish habitat and fire protection. Second Claim – Application for Finding of Reasonable Diligence and

Application to Make Water Rights Absolute. Name of structure: Curran Ditch Enlargement. Date of original decree: May 11, 1993,

in Case No. 92CW255, District Court, Water Div. 5. Subsequent decrees awarding findings of diligence: Case No. 99CW89 entered

September 25, 1999, and Case No. 05CW180 entered May 29, 2007. Legal description: The point of diversion is located on the South

bank of North Rock Creek at a point whence the 1/4 corner of Section 8, Township 4 South, Range 73 West, 6th

PM bears South

87º50’ East 2,570 feet, which structure is located in the NE1/4 of the SW1/4 of Section 8, 2,388 feet North of the South line and 2,531

feet West of the East line. Practical Location: Location by UTM Zone 13 Coordinates, NAD27 Zone 13, NAD27 Datum (USGS Quad

Maps) North 4,397,038 East 402,757; Location by UTM Zone 13 Coordinates, NAD27 Zone 13, NAD83Datum, (GPS Receivers)

North 4,397,042 East 401,579. Source: North Rock Creek. Appropriation date: April 20, 1987. Amount: 3.0 cfs conditional. Uses:

Aesthetics, fish habitat and fire protection. Claim to make absolute: Date water first applied to beneficial use: July 1, 2011. Amount of

water applied to beneficial use: 2.4 cfs absolute (with 0.6 cfs to remain conditional) Uses: Aesthetics, fish habitat and fire protection.

Third Claim – Application for Finding of Reasonable Diligence and Application to Make Water Rights Absolute. Name of structures:

Sanders Pond Nos. 1, 2, 3 and 4. Date of original decree: May 11, 1993, in Case No. 92CW255, District Court, Water Div. 5.

MAY 2013 RESUME


Subsequent decrees awarding findings of diligence: Case No. 99CW89 entered September 25, 1999, and Case No. 05CW180 entered

May 29, 2007. Legal descriptions: The outlet works for Pond No. 1 will be located in the NE1/4 SE1/4 of Section 8, Township 4


P.M., at a point located 1,500 feet North of the South line and 400 feet West of the East line. Practical

Location: Location by UTM Zone 13 Coordinates, NAD27 Zone 13, NAD27 Datum (USGS Quad Maps) North 4,396,569 East

402,219; Location by UTM Zone 13 Coordinates, NAD27 Zone 13, NAD83Datum, (GPS Receivers) North 4,396,777 East 402,172.

The outlet works for Pond No. 2 will be located in the NE1/4 SE1/4 of Section 8, Township 4 South, Range 78 West of the 6th

P.M. at

a point located 1,400 feet North of the South line and 50 feet West of the East line. Practical Location: Location by UTM Zone 13

Coordinates, NAD27 Zone 13, NAD27 Datum (USGS Quad Maps) North 4,396,521 East 402,383; Location by UTM Zone 13

Coordinates, NAD27 Zone 13, NAD83Datum, (GPS Receivers) North 4,396,729 East 402,336. The outlet works for Pond No. 3 will

be located in the NW1/4 SW1/4 of Section 9, Township 4 South, Range 78 West of the 6th

P.M. at a point located 1,600 feet North of

the South line and 300 feet East of the West line. Practical Location: Location by UTM Zone 13 Coordinates, NAD27 Zone 13,

NAD27 Datum (USGS Quad Maps) North 4,396,600 East 402,470; Location by UTM Zone 13 Coordinates, NAD27 Zone 13,

NAD83Datum, (GPS Receivers) North 4,396,808 East 402,423. The outlet works for Pond No. 4 will be located in the NW1/4 SW1/4

of Section 9, Township 4 South, Range 78 West of the 6th

P.M. at a point located 1,700 feet North of the South line and 450 feet East

of the West line. Practical Location: Location by UTM Zone 13 Coordinates, NAD27 Zone 13, NAD27 Datum (USGS Quad Maps)

North 4,396,627 East 402,545; Location by UTM Zone 13 Coordinates, NAD27 Zone 13, NAD83Datum, (GPS Receivers) North

4,396,835 East 402,498. Source: Triple Creek Ditch and Curran Ditch Enlargement. Appropriation date: September 25, 1992, for all

structures. Amounts: Pond No. 1: 1.0 AF conditional. Pond No. 2: 4.5 AF conditional. Pond No. 3: 7.7 AF conditional. Pond No. 4:

2.2 AF conditional. Pond No. 1 is all active storage and Pond Nos. 2, 3 and 4 are all dead storage. Rate of fill: The rate of fill for the

ponds will be 0.25 cfs from Triple Creek Ditch and 3.0 cfs from the Curran Ditch Enlargement. The Applicant shall have the right to

fill and refill in priority for the total amount of water claimed. Uses: Fire protection, backup fire protection for the Triple Creek

Ranch, aesthetics and fish habitat. Decreed surface area of high water line: Sanders Pond No. 1: 0.11 acres. Sanders Pond No. 2: 0.45

acres. Sanders Pond No. 3: 0.77 acres. Sanders Pond No. 4: 0.22 acres. Maximum height and length of the dams: Maximum height:

9.5 feet. Length of dams: Sanders Pond No. 1: 70 feet. Sanders Pond No. 2: 150 feet. Sanders Pond No. 3: 175 feet. Sanders Pond

No. 4: 100 feet. Change of Water Right: In Case No. 04CW244, 0.455 AF decreed to Sanders Pond No. 2 was changed to the Triple

Creek Pond Nos. 1-7. Statement of Plan for Augmentation: A plan for augmentation covering depletions from the Sanders Pond Nos.

1-4 was decreed in Case No. 92CW255. The plan for augmentation was subsequently amended in Case No. 04CW244. Claim to

make absolute – Sanders Pond No. 1: Date water first applied to beneficial use: July 1, 2011. Amount of water applied to beneficial

use: 0.50 AF (0.15 AF dead storage and 0.35 AF live storage), with 0.50 AF to remain conditional. Claim to make absolute – Sanders

Pond No. 2: Date water first applied to beneficial use: July 1, 2011. Amount of water applied to beneficial use: 2.1 AF (2.1 AF dead

storage), with 1.945 AF to remain conditional. Claim to make absolute – Sanders Pond No. 3: Date water first applied to beneficial

use: July 1, 2011. Amount of water applied to beneficial use: 2.62 AF (2.62 AF dead storage), with 5.08 AF to remain conditional.

Claim to make absolute – Sanders Pond No. 4: Date water first applied to beneficial use: July 1, 2011. Amount of water applied to

beneficial use: 1.19 AF (1.19 AF dead storage), with 1.01 AF to remain conditional. Uses (for all ponds): Fire protection, backup fire

protection for the Triple Creek Ranch, aesthetics and fish habitat. The Application provides a detailed outline of what has been done

towards the development of the remaining conditional portions of the subject water rights, including expenditures (see Exhibit A).

Description of place of use where water is applied to beneficial use (for all structures): Triple Creek Ranch located approximately

seven miles north of Silverthorne, Colorado, along the Rock Creek tributaries. The ranch and boundaries are as shown on Exhibit B.

Name and address of owner of land upon which the Curran Ditch Enlargement is located: U.S. Forest Service, P.O. Box 620,

Silverthorne, CO 80498. Name and address of owner of land upon which the remaining structures are located: Applicant. A water

right location map is attached as Exhibit C. All Exhibits are on file with the Water Court. (10 pages)











13CW3017 IN GARFIELD COUNTY, COLORADO. APPLICATION FOR CHANGE OF WATER RIGHT. IN THE

MATTER OF THE APPLICATION FOR WATER RIGHTS OF M.R. LOOKOUT, LLC; J.D. LOOKOUT, LLC; FLYING FINGER

LLC; AND CAROLINE APTS. CO. DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO, 109 8th

Street, Suite

104, Glenwood Springs, CO 81601. 1. Name and Address of Applicants: M.R. Lookout, LLC; J.D. Lookout, LLC; Flying Finger

LLC; and Caroline Apts. Co. c/o Mr. Robert Danial, 5151 Collins Avenue, Suite 1727, Miami Beach, FL 33140. Direct all pleadings

MAY 2013 RESUME


to: Kristin H. Moseley, William D. Wombacher, Porzak Browning & Bushong LLP, 929 Pearl Street, Suite 300, Boulder, Colorado

80302. 2. Purpose: The purpose of this change application is to correct errors in the legal description of the Red Ditch Pump and

Pipeline contained in Case No. 97CW148. No other changes are requested. The change requested herein was previously decreed for

the Red Ditch Pump and Pipeline, First Enlargement in Case No. 11CW2. 3. Description of Water Rights to be Changed a. Red Ditch

Pump and Pipeline i. Original Decree: The Red Ditch Pump and Pipeline was decreed by the District Court in and for Water Division

No. 5 in Case No. 97CW148, dated January 23, 1998. ii. Decreed Location of Point of Diversion: NE 1/4 of the SE 1/4 of Section 24,

T. 6 S., R. 89 W. of the 6th P.M. at a point 800 feet from the East Section line and 2500 feet from the South Section line of said

Section 24. iii. Source: Red Canyon Creek, tributary to the Roaring Fork River and tributary to the Colorado River. iv.

Appropriation Date: June 6, 1997. v. Amount: 3.0 c.f.s., conditional. vi. Decreed Uses: Irrigation. 4. Change in Legal Description of

Water Rights: a. Red Ditch Pump and Pipeline: By this application, Applicants seek to correct the legal description of the Red Ditch

Pump and Pipeline as follows: SE 1/4 of the NE 1/4 of Section 24, T. 6 S., R. 89 W. of the 6th P.M. at a point 1,103 feet from the East

Section line and 2,677 feet from the South Section line. b. The attached map, Exhibit A, displays the location of the corrected Red

Ditch Pump and Pipeline. 5. Ownership: The Red Ditch Pump and Pipeline is located on land owned by Wayne Rudd, 0132 Park

Avenue, Basalt, CO 81621. (4 pages & 1 exhibit)











13CW3018 (04CW17). IN GARFIELD COUNTY, COLORADO. APPLICATION FOR FINDINGS OF REASONABLE

DILIGENCE. IN THE MATTER OF THE APPLICATION FOR FINDING OF REASONABLE DILIGENCE OF M.R.

LOOKOUT, LLC; J.D. LOOKOUT, LLC; FLYING FINGER LLC; AND CAROLINE APTS. CO. DISCTRICT COURT, WATER

DIVISION NO. 5, STATE OF COLORADO, 109 8th

Street, Suite 104, Glenwood Springs, CO 81601. 1. Name and Address of

Applicants: M.R. Lookout, LLC; J.D. Lookout, LLC; Flying Finger LLC; and Caroline Apts. Co. c/o Mr. Robert Danial, 5151 Collins

Avenue, Suite 1727, Miami Beach, FL 33140. Direct all pleadings to: Kristin H. Moseley, William D. Wombacher, Porzak Browning

& Bushong LLP, 929 Pearl Street, Suite 300, Boulder, Colorado 80302. 2. Description of Conditional Water Right a. Red Ditch Pump

and Pipeline i. Original Decree: The Red Ditch Pump and Pipeline was decreed by the District Court in and for Water Division No. 5

in Case No. 97CW148, dated January 23, 1998. Previous cases finding diligence include Case No. 04CW17. ii. Decreed Location of

Point of Diversion: NE 1/4 of the SE 1/4 of Section 24, T. 6 S., R. 89 W. of the 6th P.M. at a point 800 feet from the East Section line

and 2500 feet from the South Section line of said Section 24. iii. Source: Red Canyon Creek, tributary to the Roaring Fork River

and tributary to the Colorado River. iv. Appropriation Date: June 6, 1997. v. Amount: 3.0 c.f.s., conditional. vi. Decreed Uses:

Irrigation. vii. Remark: The Red Ditch Pump and Pipeline is the subject of a pending change application in Case No. 13CW3017,

which seeks to correct its legal description to the SE 1/4 of the NE 1/4 of Section 24, T. 6 S., R. 89 W. of the 6th P.M. at a point 1,103

feet from the East Section line and 2,677 feet from the South Section line. This same change was previously decreed for the Red Ditch

Pump and Pipeline, First Enlargement in Case No. 11CW2. The attached map, Exhibit A, displays the location of the corrected Red

Ditch Pump and Pipeline. 3. Outline of work done to apply water to beneficial use: The Red Ditch Pump and Pipeline is one of a

number of water rights held by the Applicants for use in a water supply system for the Lookout Mountain Ranch, a development to be

located in Garfield County Colorado. Since the last diligence decree was entered in Case No. 04CW17, the Applicants have

undertaken the following specific activities that demonstrate diligence with regard to the Red Ditch Pump and Pipeline: A. The

Applicants filed and finalized an Application for Findings of Reasonable Diligence in Case No. 10CW144 for the Lookout Mountain

Ranch Pond Nos. 1 – 8 and the Red Ditch Pump and Pipeline, First Enlargement, which are key features of the Lookout Mountain

Ranch development. B. The Applicants filed and finalized an Application for a Change of Water Rights in Case No. 11CW2 to correct

the legal descriptions for the Red Ditch Pump and Pipeline, First Enlargement and the Lookout Mountain Ranch Pond No. 8. C. The

Applicants filed the pending change case in 13CW3017 to correct the legal description of the Red Ditch Pump and Pipeline. D. The

Applicants have continued to make annual payments for water provided under a water allotment contract from the Basalt Water

Conservancy District, which will be used as a component of the water supply system for the Ranch. E. The Applicants have monitored

water right applications filed by other appropriators in the area to ensure that its rights are not injured. F. The Applicants continue to

explore development options for Lookout Mountain Ranch, however, some approvals and development plans have been stalled due to

the downturn in the real estate market during the requisite diligence period. G. The Applicants fully intend to develop and utilize the

Red Ditch Pump and Pipeline for irrigation purposes and have spent the diligence period revising and maintaining the water rights for

MAY 2013 RESUME


the Ranch in preparation for future development. 4. Ownership: The Red Ditch Pump and Pipeline is located on land owned by Wayne

Rudd, 0132 Park Avenue, Basalt, CO 81621. (5 pages & 1 exhibit)











13CW3019 PITKIN COUNTY. ROARING FORK RIVER. G & R Aspen, LLC., c/o Patrick, Miller, Kropf & Noto, P.C., 229

Midland Ave., Basalt, CO 81621, (970) 920-1028. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. First Claim for

Diligence. Structure: Huerta Ditch No. 3. Original decree: December 30, 1993; 90CW220 (3 of 4), Division 5 Water Court. Diligence

decrees: 06CW207, May 29, 2007; 99CW289, September 5, 2000. Legal description: A point on an unnamed tributary to the Roaring

Fork River in the Southeast one-quarter of the Southwest one-quarter (SE ¼ SW ¼) of Section 17, Township 10 South, Range 84

West of the 6th

Principal Meridian, County of Pitkin, State of Colorado, whence the South one-quarter corner of said Section 17, a

U.S. B.L.M. brass cap bears South 31 degrees, 21 minutes, 03 seconds East, 416.36 feet; with said bearing being relative to a bearing

of North 01 degree, 27 minutes, 30 seconds West between B.L.M. brass caps on the East line of said SE ¼ SW ¼ (Pitkin County).

General description of place of use: 43051 Highway 82, Aspen, CO. Source: Unnamed tributary of the Roaring Fork River.

Appropriation date: 1980. Amount: 0.5 c.f.s., conditional. Use: Delivery of water to Huerta Pond. Work to complete the appropriation,

including expenditures is on file with the Court. Applicant Second Claim for Diligence. Structure: Huerta Pond. Original decree:

December 30, 1993; 90CW220 (4 of 4), Division 5 Water Court. Diligence decrees: 06CW207, May 29, 2007; 99CW289, September

5, 2000. Legal description: A point in the Southeast one-quarter of the Southwest one-quarter (SE ¼ SW ¼) of Section 17, Township

10 South, Range 84 West of the 6th

Principal Meridian, County of Pitkin, State of Colorado, whence the South one-quarter corner of

said Section 17, a U.S. B.L.M. brass cap bears South 57 degrees, 42 minutes, 19 seconds East, 482.59 feet; with said bearing being

relative to a bearing of North 01 degree, 27 minutes, 30 seconds West between B.L.M. brass caps on the East line of said SE ¼ SW ¼

(Pitkin County). General description of place of use: 43051 Highway 82, Aspen, CO. Source: Water delivered via the Huerta Ditch

No. 3, the source of which is an unnamed tributary of the Roaring Fork River. Appropriation date: 1980. Amount: 0.25 acre feet,

conditional. Use: Aesthetic and piscatorial. Ditches leading to the reservoir: Huerta Ditch No. 1 with a capacity of 0.5 c.f.s. and Huerta

Ditch No. 3 with a capacity of 0.5 c.f.s. Work to complete the appropriation, including expenditures is on file with the Court. (9 pages)











13CW3020 (06CW72 and CA1123)APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO CONTINUE

A CONDITIONAL WATER RIGHT. CONCERNING THE APPLICATION FOR WATER RIGHTS OF: THE STATE OF

COLORADO ACTING BY AND THROUGH THE COLORADO DIVISION OF PARKS AND WILDLIFE AND THE PARKS

AND WILDLIFE COMMISSION [BLACKTAIL DITCH] IN EAGLE AND GRAND COUNTIES COLORADO. c/o BETH VAN

VURST, Assistant Attorney General, Telephone: 720-508-6312, Email: [email protected], and HEATHER A. WARREN,

Assistant Attorney General, Telephone: 720-508-6266, Email: [email protected], 1300 Broadway, 7th

Floor, Denver,

Colorado 80203. The Colorado Division of Parks and Wildlife and the Parks and Wildlife Commission (collectively “CPW”), by and

through its undersigned counsel, hereby submits the following application for finding of reasonable diligence and to continue a

conditional water right. 1. Name, Mailing Address and Telephone Number of Applicant: Colorado Division of Parks and Wildlife

and the Parks and Wildlife Commission (“CPW”), 6060 Broadway, Denver, CO 80216, Telephone: 303-297-1162. 2. Conditional

Water Right Information: A. Name of Structure: Blacktail Ditch. B. Original Decree: February 7, 1956, Case No. CA1123, District

Court, Water Division 5. C. Subsequent decrees awarding finding of diligence: May 31, 2007, Case No. 06CW72, District Court,

Water Division 5. D. Legal Description from most recent decree: Headgate and point of diversion is located in the SW1/4 of the



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SE1/4, Section 10, Township 1 South, Range 82 West of the 6th Principal Meridian, at a point 900 feet north of the south section line

and 1,550 feet west of the east section line of said Section in Grand County, Colorado. See map, Exhibit A. E. Source: Blacktail

Creek (aka Stampede Creek), tributary to the Colorado River. F. Date of Appropriation: October 1, 1952. G. Amount: 2.89 cfs,

conditional (see “Additional Remarks” section below). H. Use: Irrigation. I. Additional Remarks: The subject water right was

initially adjudicated in CA1123 in the amount of 4.2 cfs, conditional. A portion of that water right, 1.31 cfs, was made absolute in

Case No. 2006CW72 and is therefore not an issue in this proceeding. 3. Description 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: CPW

owns and maintains the Radium State Wildlife Area (“Radium SWA”) in Grand, Eagle, and Routt Counties. The Blacktail Ditch water

right will be used for irrigation of certain lands within the Radium SWA. The Radium SWA was acquired during the 1950s and 1960s

primarily to secure winter range for deer and elk. The Radium SWA is nearly 12,000 acres, and includes habitats ranging from the

Colorado River riparian corridor to rocky scarps used by bighorn sheep. Irrigated lands spread over a number of drainages on both

sides of the Colorado River enhance the value of big game winter range, providing remote and productive refuge during the winter. In

addition, a wide variety of other wildlife species inhabit the area, including non-game birds and mammals, small game birds and

mammals, and both recreational sport fish and native aquatic species of concern. More moderate weather during winter and its remote

location relative to surrounding areas (Middle Park, Upper Yampa and Eagle River valleys) make the Radium SWA especially

important for big game protection. CPW requests the Court enter a finding of diligence and continue the Blacktail Ditch conditional

water right for irrigation use on the Radium SWA. During the applicable diligence period, CPW has continued to actively maintain

and manage this state wildlife area for big game habitat and recreational opportunities, including the following steps to diligently

develop the Blacktail Ditch water right. This list is not intended to be exclusive and may be supplemented by additional evidence. In

June 2007, Colorado Youth Corp hand labor crews completed 720 hours of ditch maintenance and improvement work over a span of

ten days, at a cost to CPW of $10,080.00 for labor. In June 2008, Colorado Youth Corp hand labor crews worked 360 hours over a

span of five days installing a 40 feet of 15-inch culvert in problem areas of the Blacktail Ditch to increase ditch capacity, at a cost to

CPW of $5,040.00 for labor. CPW also spent $800.00 on the purchase of the new culvert. In June 2008, Colorado Youth Corp hand

labor crews worked 144 hours over a span of two days to remove, relocate and reset the Parshall flume on the Blacktail Ditch, at a cost

to CPW of $2,016.00. In June 2010, Colorado Youth Corp hand labor crews worked 360 hours over a span of five days, installing a

new 60 foot culvert in problem areas of the Blacktail Ditch, cleaning out the ditch, and building up ditch banks with rock and concrete,

at a cost to CPW of $5040.00 for labor. CPW also spent $1200.00 on the purchase of the new culvert. In 2011, CPW staff met and

discussed ongoing structural problems limiting the capacity of the Blacktail Ditch and determined that more extensive work must be

completed on the ditch than can be accomplished by use of hand labor crews. Following those discussions, CPW submitted a request

for engineering and for capital construction funds in the amount of $200,000.00 for ditch improvements to increase and preserve the

ability to fully divert the decreed amount. CPW will complete the engineering and construction work to bring the ditch to full

capacity, as funding allows, and will continue to hire hand labor crews during the next diligence period to maintain and improve the

ditch until more extensive improvements can be completed. CPW staff will also be conducting engineering studies to determine what

projects along the ditch line must be completed in order to increase the ditch capacity so that it can divert the necessary amount of

water to make the remaining conditional portion of said water right absolute, so that the water right can be fully used as intended to

meet the irrigation needs of the Radium SWA. CPW has also performed monthly reviews of the water court resume to determine

whether the filing of Statements of Opposition are necessary to protect its water rights in Water Division No. 5, including the above

referenced conditional water right. CPW has also incurred costs of attorney fees for legal advice and consultations regarding

development of this water right. The above activities on the part of the Applicant, CPW, show a pattern of diligence and continuous

work toward the development and implementation of this water right. 4. Name and address of owners 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: All structures

listed above are located on land owned by the Applicant. WHEREFORE, CPW respectfully requests that this Court enter a decree

finding that CPW has exercised reasonable diligence in the development of the Blacktail Ditch conditional water right, continuing the

conditional water right in full force as decreed, and for such other and further relief as this Court deems just and proper. (7 pages)











13CW3021 (originally decreed in Case No. 04CW216; changed in Case No. 09CW32) THOMAS GART, Application For

Finding Of Reasonable Diligence And To Make Absolute In Part IN EAGLE COUNTY, COLORADO. 299 Milwaukee Street,

MAY 2013 RESUME


Suite 500, Denver, Colorado 80206 [email protected], (303) 270-0321. David F. Jankowski, Matthew L. Merrill, White &

Jankowski, LLP, 511 Sixteenth Street, #500, Denver, Colorado 80202 (303) 595-9441. 2. Name of structures: Gart Pond (reservoir)

and Gart Pond Diversion (ditch and surface pump). 3. Description of Diversion and Storage Water Right from Previous Decree:

A. Original Decree: May 29, 2007, Case No. 04CW216, Water Division 5. B. Subsequent Decree: There are no subsequent decrees

finding diligence. However, a change to the Gart Pond and Gart Pond Diversion was decreed on December 19, 2010 in Case No.

09CW32 in Water Division 5. The decree in Case No. 09CW32 did not change the deadline for filing for a finding of reasonable

diligence in the Original Decree. C. Legal Description of Gart Pond and Gart Pond Diversion: 1. The Pond is located in the

northwest quarter of the southeast quarter of section 19, Township 5 South, Range 82 West, Eagle County, Colorado, 6th

P.M. The

center of the Pond is located at a point approximately 1,800 feet from the east line of said section and 1,800 feet from the south line of

said section, which is a location within Parcel B, Donlon Ranch, Edwards, Colorado. 2. Inlet Ditch: The inlet vault for the Gart Pond

Diversion has been constructed on the East Bank of West Lake Creek in the NW¼ SE¼, Section 19, Township 5 South, Range 82

West, 6th Principal Meridian, Eagle County, Colorado, 1,828 feet from South section line, and 1,927 feet from the East section line.

3. Outlet Ditch: Water which is released from Gart Pond is returned to West Lake Creek within Parcel B, Donlon Ranch at

approximately the following location: at a point on the east bank of West Lake Creek in the northwest quarter of the southeast quarter

of section 19, Township 5 South, Range 82 West, Eagle County, Colorado, 6th P.M., 2,000 feet from the east line of said section and

1,900 feet from the south line of said section. D. Source: West Lake Creek, tributary to Eagle River, tributary to Colorado

River. E. Appropriation Date: August 1, 2004. F. Amounts: 1. Gart Pond Diversion: 2.0 cubic feet per second, CONDITIONAL.

2. Gart Pond: 1.25 AF CONDITIONAL (the full capacity is decreed as active storage capacity). G. Uses: Piscatorial, wildlife,

recreation, aesthetic and fire protection uses. In addition, irrigation uses were decreed pursuant to terms and conditions in Case No.

09CW32. Irrigation use occurs on Parcel B of the Donlon Ranch described above and as shown on Exhibit 1, which is attached to the

application and incorporated here by reference (copies of exhibits are available from Water Court or from Applicant’s counsel). All

uses, other than fire protection, shall be made within the Pond and its Inlet Ditch and Outlet Ditch, which are described above. 4.

Description of Exchange Water Right from Previous Decree: A. Original Decree: May 29, 2007, Case No. 04CW216, Water

Division 5. B. Subsequent Decree: There are no subsequent decrees finding diligence. However, a change to the exchange was

decreed on December 19, 2010 in Case No. 09CW32 in Water Division 5. The decree in Case No. 09CW32 did not change the

deadline for filing for a finding of reasonable diligence in the Original Decree. C. Legal Description of Exchange Reaches: 1.

Exchanges using Wolford Mountain Reservoir and Green Mountain Reservoir augmentation supplies. From the confluence of the

Eagle River and the Colorado River in the SW¼ NE¼ of Section 5, Township 5 South, Range 86 West, 6th

P.M., Eagle County, to the

confluence of the Eagle River and Lake Creek in the NE¼ NE¼ of Section 6, Township 5 South, Range 82 West, 6th

P.M., Eagle

County, then to the Gart Pond Inlet Ditch described above. 2. Exchanges using Eagle River augmentation supplies. From the

confluence of the Eagle River and Lake Creek in the NE¼ NE¼ of Section 6, Township 5 South, Range 82 West, 6th

P.M., Eagle

County, to the Gart Pond Inlet Ditch, described above. 3. Exchanges using Ruedi Reservoir augmentation supplies. From the

confluence of the Roaring Fork River and the Colorado River in the SE¼ NW¼ of Section 9, Township 6 South, Range 89 West, 6th

P.M., Garfield County, to the confluence of the Eagle and Colorado rivers, described in 4.C.1.a above, then to the confluence of Lake

Creek and the Eagle River described in 4.C.1.b above, then to the Gart Pond Inlet Ditch described above. D. Appropriation Date:

August 1, 2004. E. Rate of Exchange: .75 cfs, CONDITIONAL. F.Uses: Exchange of water to for all uses decreed to the Gart Pond

and Gart Pond Diversion, as described above. 5. Provide a detailed outline of what has been done toward completion or for

completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures :

Since the original decree in this case, Mr. Gart has constructed all structures associated with the Gart Pond, Gart Pond Diversion, and

Gart Exchange water rights (collectively the “Gart Water Rights”). Mr. Gart transmitted information about the Gart Pond to the Water

Commissioner in compliance with the terms of the Original Decree. Mr. Gart applied for and obtained a decree adding irrigation use

to the Gart Water Rights pursuant to terms and conditions. Mr. Gart filed a notice that his augmentation plan became operational in

March, 2011. Mr. Gart has paid the Colorado River Water Conservation District (“District”) each year in compliance with his long

term contracts with District for augmentation water. Mr. Gart has operated the Gart Water Rights and related augmentation plan in

coordination with the Water Commissioner and District. Mr. Gart has also made expenditures to monitor the water resumes in

Division 5 and to participate in one case since the Original Decree in order to protect the Gart Water Rights from injury. Mr. Gart has

spent in excess of $355,000 during the diligence period on these diligence activities. Mr. Gart reserves the ability to present additional

evidence of diligence during the proceedings in this case. 6. Claim to Make Absolute in Part: A. Gart Pond and Gart Pond

Diversion: 1. Date: June 1, 2011 (and other dates during diligence period) 2. Uses: Piscatorial, wildlife, recreation, aesthetic and fire

protection 3. Absolute Amount: 1.22 acre-feet and 1.1 cfs (492 gallons per minute) B. Operation of Exchange: 1. Dates of

operation: July 1, 2012 (and other dates during diligence period) 2. Uses: Exchange for piscatorial, wildlife, recreation, aesthetic and

fire protection 3. Absolute Amount: .75 cfs C. Location of Use: The Gart Pond and nearby irrigated areas, as shown on the attached

Exhibit 1. Diversions in priority: Call records are attached as Exhibit 2 and diversion records (in gallons per minute rather than cfs)

are attached as Exhibit 3. Notice for Additional Absolute Amounts: Mr. Gart claims the ability to and provides notice that he may

make diversions or exchanges of the Gart Water Rights absolute in this proceeding, without republishing notice, if the diversions or

exchanges occur before or during the pendency of this application. Mr. Gart claims the ability to make absolute pursuant to Senate

Bill 13-041. 7. Names and addresses of owners of land upon which any new or modified diversion or storage structure or


MAY 2013 RESUME


storage pool will be located: All such structures and associated storage pool are already in existence and located on land owned by

Mr. Gart. Mr. Gart verified this application and thus has been provided a complete copy of the application within 10 days of filing. 8.

Remarks: Mr. Gart incorporates herein all terms and conditions in previous decrees for the Gart Water Rights and does not seek any

change to the terms and conditions or to the Gart Water Rights in this application other than confirming certain portions absolute and

establishing a new period of reasonable diligence for remaining conditional portions. Prayer for Relief: Mr. Gart respectfully

requests that the Court find that he has exercised reasonable diligence with respect to the Gart Water Rights, confirm that he has made

the portions of the Gart Water Rights described above absolute, and continue the remaining conditional portions of the water rights in

full force and effect for the period allowed by law. (5 pages plus 3 exhibits).











13CW3022 EAGLE COUNTY. EAGLE RIVER. Steven J. Pittel & Gregory A. Caretto, c/o Patrick, Miller, Kropf & Noto, P.C.,

0197 Prospector Road, Suite 2104A, Aspen, CO 81611, (970) 920-1028. APPLICATION FOR FINDING OF REASONABLE

DILIGENCE AND TO MAKE ABSOLUTE. First Claim for Diligence. Structure: Cabin Well. Permit 51587-F. Original decree: July

6, 1993; 91CW191, Division 5 Water Court. Diligence decrees: 99CW134, March 6, 2000; 06CW31, May 29, 2007. Legal

description: Located in the NE¼NE¼ of Section 16, Township 7 South, Range 80 West of the 6th

P.M. at a point 630 feet from the

East section line and 430 feet from the North section line. Source: Eagle River alluvium, tributary to the Colorado River.

Appropriation date: November 16, 1990. Total amount decreed: 50 g.p.m. Amount absolute: 15 g.p.m. Amount remaining conditional:

35 g.p.m. Use: Domestic, commercial, irrigation, and fire protection. The area to be irrigated is 1.15 acres in the S ½, SE ¼ of Section

9 and the NE ¼, NE ¼ of Section 16, Township 7 South, Range 80 West of the 6th

P.M. General description of place of use: 007088

Highway 24; 80+ acres in Sections 9 & 16, Township 7 South, Range 84 West of the 6th

P.M. in Eagle County. Depth: 41 feet. Work

to complete the appropriation, including expenditures is on file with the Court. Second Claim for Diligence. Structure: Nova Well No.

1. Permit 50975-F. Original decree: July 6, 1993; 91CW191, Division 5 Water Court. Diligence decrees: 99CW134, March 6, 2000;

06CW31, May 29, 2007. Legal description: Located in the NE¼NE¼ of Section 16, Township 7 South, Range 80 West of the 6th

P.M.

at a point 620 feet from the East section line and 530 feet from the North section line. Source: Eagle River alluvium, tributary to the

Colorado River. Appropriation date: November 16, 1990. Total amount decreed: 50 g.p.m. Amount absolute: 15 g.p.m. Amount

remaining conditional: 35 g.p.m. Use: Domestic, commercial, irrigation, and fire protection. The area to be irrigated is 1.15 acres in

the S ½, SE ¼ of Section 9 and the NE ¼, NE ¼ of Section 16, Township 7 South, Range 80 West of the 6th

P.M. General description

of place of use: 007088 Highway 24; 80+ acres in Sections 9 & 16, Township 7 South, Range 84 West of the 6th

P.M. in Eagle

County. Depth: 51 feet. Work to complete the appropriation, including expenditures is on file with the Court. Third Claim for

Diligence. Structure: Nova Well No. 2. Permit 63727-F. Original decree: July 6, 1993 Case No.: 91CW191, Division 5 Water Court.

Diligence decrees: 99CW134, March 6, 2000; 06CW31, May 29, 2007. Legal description: Located in the NE¼NE¼ of Section 16,

Township 7 South, Range 80 West of the 6th

P.M. at a point 660 feet from the East section line and 670 feet from the North section

line. Source: Eagle River alluvium, tributary to the Colorado River. Appropriation date: November 16, 1990. Total amount decreed:

50 g.p.m., conditional Use: Domestic, commercial, irrigation, and fire protection. The area to be irrigated is 1.15 acres in the S ½, SE

¼ of Section 9 and the NE ¼, NE ¼ of Section 16, Township 7 South, Range 80 West of the 6th

P.M. General description of place of

use: 007088 Highway 24; 80+ acres in Sections 9 & 16, Township 7 South, Range 84 West of the 6th

P.M. in Eagle County. Depth:

70 feet. Work to complete the appropriation, including expenditures is on file with the Court. Claim to make absolute. Date water

applied to beneficial use: February 19, 2006. Amount: 15 g.p.m. Use: Domestic, commercial, irrigation, and fire protection. The area

irrigated is 1.15 acres in the S ½, SE ¼ of Section 9 and the NE ¼, NE ¼ of Section 16, Township 7 South, Range 80 West of the 6th

P.M. Applicant diverted water and placed it to beneficial use in priority. Fourth Claim for Diligence. Structure: Storage Well. Permit

50977-F. Original decree: July 6, 1993; 91CW191, Division 5 Water Court. Diligence decrees: 99CW134, March 6, 2000; 06CW31,

May 29, 2007. Legal description: Storage Well: Located in the SW¼SE¼ of Section 9, Township 7 South, Range 80 West of the 6th

P.M. at a point 1480 feet from the East section line and 320 feet from the South section line. Source: Eagle River alluvium, tributary to

the Colorado River. Appropriation date: November 16, 1990. Total amount decreed: 50 g.p.m. Amount absolute: 15 g.p.m. Amount

remaining conditional: 35 g.p.m. Use: Domestic, commercial, irrigation, and fire protection. The area to be irrigated is 1.15 acres of

irrigation in the S ½, SE ¼ of Section 9 and the NE ¼, NE ¼ of Section 16, Township 7 South, Range 80 West of the 6th

P.M. General

description of place of use: 007088 Highway 24; 80+ acres generally located in Sections 9 & 16, Township 7 South, Range 84 West of

MAY 2013 RESUME


the 6

th P.M. in Eagle County. Depth: 57 feet. Work to complete the appropriation, including expenditures is on file with the Court. (26

pages)











13CW3023 PITKIN COUNTY, CRYSTAL RIVER ALLUVIUM, TRIB. TO THE ROARING FORK RIVER, TRIB. TO

COLORADO RIVER. Application for reasonable diligence and to make Abosolute, in part. Applicant: Thomas H. "Hal" Harvey:

c/o Scott Grosscup, Balcomb & Green, P.C., PO Drawer 790, Glenwood Springs, CO 81602, (970) 945-6546. Structures: FDRW

Wells No. 1, 2, and 3. Orig. Decree: Case No. 98CW283, Dist. Ct., Water Div. No. 5, 11/26/1999. Subsequent Decree: Case No.

05CW242, Dist. Ct., Water Div. No. 5, 5/29/2007. Locations: FDRW Well No. 1: NE1/4 NE1/4, Sec. 22, T. 8 S., R. 88 W. of the 6th

P.M. at a pt. 600 ft. S. of the N. Sec. line and 300 ft. W. of the E. Sec. line of said Sec. 22. FDRW Well No. 2: NW1/4 NW1/4, Sec.

23, T. 8 S., R. 88 W. of the 6th

P.M. at a pt. 1,000 ft. S. of the N. Sec. line and 400 ft. E. of the W. Sec. line of said Sec. 23. FDRW

Well No. 3: NW1/4 NW1/4, Sec. 23, T. 8 S., R. 88 W. of the 6th

P.M. at a pt. 700 ft. S. of the N. Sec. line and 600 ft. E. of the W. Sec.

line of said Sec. 23. Date of Approp. for all wells: 11/16/1998. Amt. and Depth: 0.033 c.f.s., cond., for each well. Each well is 150 ft.

deep. Use: the wells are decreed for dom., irr., livestock watering and fire protection uses. Irr. of up to 0.34 acres of land located in

the NE1/4 NE1/4, Sec. 22, and NW1/4 NW1/4 of Sec. 23, T. 8 S., R. 88 W., 6th

P.M. Structure: East Mesa Ditch FDRW Enlargement

and FDRW Ditch: Orig. Decree: Case No. 98CW283, Dist. Ct., Water Div. 5, 11/26/1999. Subsequent Decree Granting Diligence:

Case No. 05CW242, District Court, Water Division 5 entered May 29, 2007. Locations: East Mesa Ditch FDRW Enlargement NE1/4

SE1/4 of Sec. 9, T. 9 S., R. 88 W. of the 6th

P.M. at a pt. 3,000 ft. S. of the N. Sec. line and 800 ft. W. of the E. Sec. line of said Sec. 9.

FDRW Ditch is located in the NE1/4 NE1/4, Sec. 22, T. 8 S., R. 88 W. of the 6th

P.M. at a pt. 800 ft. S. of the N. Sec. line and 450 ft.

W. of the E. Sec. line of said Sec. 22. Source: East Mesa Ditch FDRW Enlargement is the Crystal River, trib. to the Roaring Fork

River, trib. to the Colo. River. Source: FDRW Ditch is Thomas Creek, trib. to the Crystal River, trib. to the Roaring Fork River, trib.

to the Colo. River. Date of Approp.: 11/16/1998 both structures. Amt.: 1 cfs, cond., both ditches. Uses: East Mesa Ditch FDRW

Enlargement: fill FDRW Pond, fire protection. FDRW Ditch: fill FDRW Pond, irr. and fire protection. Structure: FDRW Pond. Orig.

Decree: Case No. 98CW283, Dist. Ct., Water Div. 5, 11/26/1999. Subsequent Decree: Case No. 05CW242, Dist. Ct., Water Div. 5

5/29/2007. Location: NE1/4 NE1/4 of Sec. 22, T. 8 S., R. 88 W., 6th

P.M. at a pt. 450 ft. S. of the N. Sec. line and 800 ft. W. of the E.

Sec. line of said Sec. 22. Source: The reservoir is an off-channel reservoir which will be filled by the East Mesa Ditch FDRW

Enlargement and FDRW Ditch. Rate of diversion for filling the reservoir: 1 cfs per ditch for a total of 2 c.f.s. using both ditches.

Approp. Date: 11/16/1998. Amt.: 5 a.f., Condit. Use: Aug., aesthetics and fire protection. In the diligence period preceding the filing

of the Application, Applicants have diligently pursued development of the subject cond. Water right. A complete list of diligence

activities is on file with this court. Claim to make absolute, in part. Structure: FDRW Pond. Date applied to beneficial use: 5/15/2008,

by storage in pond for fire protection and aesthetic purposes. Amt.: 1.86 a.f. Remarks: A survey of the FDRW Pond and its capacity is

attached as Exhibit C. Structure: FDRW Ditch. Date applied to beneficial use: 5/ 15/2008 by diversion into the FDRW Pond. Use: to

fill the FDRW Pond for its decreed uses. Amount: 1 c.f.s. Names of owners or reputed owners of the land upon which the structures

are located: Applicant.(6 pgs., 3 ex.)











13CW50 PITKIN COUNTY, ROARING FORK RIVER. John A. Buck II Trust, c/o Patrick, Miller, Kropf & Noto, P.C., Scott C.

Miller, Esq. and Danielle L. Van Arsdale, Esq., 197 Prospector Road, Suite 2104A, Aspen, CO 81611, (970) 920-1028.

APPLICATION FOR DIRECT FLOW SURFACE WATER RIGHT, STORAGE WATER RIGHT & EXCHANGE. First Claim:

MAY 2013 RESUME


Direct Flow Surface Water Right. Name of Structure: Gibson Pump and Pipeline, First Enlargement. Legal description of structure:

NE1/4, NW1/4, Section 16, Township 9 south, Range 85 west, 6th

P.M. at a point 1260 feet south of the north section line and 1990

feet east of the west section line of said Section 16 (Pitkin County, Colorado). Source: Roaring Fork River, tributary to Colorado

River. Date of appropriation: April 30, 2013. How appropriation was initiated: Intent to appropriate water rights and filing of this

application for a water right. Date water applied to beneficial use: N/A. Amount claimed: 0 cfs. The Gibson Pump and Pipeline, First

Enlargement solely adds irrigation of an additional 0.916 acres as a use of Gibson Pump and Pipeline structure. No additional water is

diverted by the Gibson Pump and Pipeline structure. Use: Irrigation. If irrigation, complete the following: Number of acres historically

irrigated: Approximately .065 acres is the decreed area of irrigation under the Gibson Pump and Pipeline and Gibson Pond. See

Exhibit A on file with the Court. No acres were historically irrigated under the water right applied for herein. Total number of acres

proposed to be irrigated: 0.916 acres under the Gibson Pump and Pipeline, First Enlargement and Gibson Pond for a total of 1.566

acres of irrigation under both the Gibson Pump and Pipeline and Gibson Pump and Pipeline, First Enlargement, Gibson Pond, and

Gibson Pond, First Enlargement water rights. The legal description of the land irrigated: Lands generally located in Pitkin County in

the N1/4, Section 16, Township 9 south, Range 85 west, 6th

P.M. A map of the area of irrigation decreed under the Gibson Pump and

Pipeline and Gibson Pond as well as the additional 0.916 acres under the Gibson Pump and Pipeline, First Enlargement and Gibson

Pond, First Enlargement is on file with the Court as Exhibit B. Second Claim: Storage Surface Water Right. Name of reservoir:

Gibson Pond, First Enlargement. Legal description of structure: NE1/4, NW1/4, Section 16, Township 9 south, Range 85 west, 6th

P.M. at a point 2100 feet east of the west section line and 1300 feet south of the north section line of said Section 16 (Pitkin County,

Colorado). Source: Roaring Fork River, via deliveries from the Gibson Pump & Pipeline, tributary to Colorado River. Date of

appropriation: April 30, 2013. How appropriation was initiated: Intent to appropriate water rights and filing of this application for a

water right. Date water applied to beneficial use: N/A. Amount claimed: 0 AF. The Gibson Pond, First Enlargement solely adds

irrigation of an additional 0.916 acres as a use of Gibson Pond structure. No additional water is stored in the Gibson Pond structure.

Use: Irrigation. If irrigation, complete the following: Number of acres historically irrigated: Approximately .065 acres is the decreed

area of irrigation under the Gibson Pump and Pipeline and Gibson Pond. See Exhibit A on file with the Court. No acres were

historically irrigated under the water right applied for herein. Total number of acres proposed to be irrigated: 0.916 acres under the

Gibson Pump and Pipeline, First Enlargement and Gibson Pond for a total of 1.566 acres of irrigation under both the Gibson Pump

and Pipeline and Gibson Pump and Pipeline, First Enlargement, Gibson Pond, and Gibson Pond, First Enlargement water rights. The

legal description of the land irrigated: Lands generally located in Pitkin County in the N1/4, Section 16, Township 9 south, Range 85

west, 6th

P.M. A map of the area of irrigation decreed under the Gibson Pump and Pipeline and Gibson Pond as well as the additional

0.916 acres under the Gibson Pump and Pipeline, First Enlargement and Gibson Pond, First Enlargement is on file with the Court as

Exhibit B. The dimensions, surface area and volume of the Gibson Pond are unchanged by this application. Third Claim:

Appropriative Right of Exchange. Name of structure: Gibson Exchange, First Enlargement. Location: Lower Termini: For the

exchange of Green Mountain Reservoir water: The confluence of the Roaring Fork River and the Colorado River located in the SE¼

of the NW¼ of Section 9, Township 6 South, Range 89 West of the 6th

P.M., at a point approximately 2,200 feet from the north

section line and 2,350 feet from the west section line. For the exchange of Ruedi Reservoir and/or Troy and Edith Ditch water: The

confluence of the Roaring Fork River and the Frying Pan River located in the SW¼, SE¼, Sec 7, Township 8 South, Range 86 West,

6th

P.M., 647 feet from the south section line and 1475 feet from the east section line. For the exchange of Robinson Ditch water: The

point of diversion for the Robinson Ditch on the Roaring Fork River, located in the NW¼, SE¼, Sec. 11, Township 8 South, Range 87

West, 6 P.M., 2307 feet from the south section line and 2309 feet from the east section line. Upper Terminus: Gibson Pump and

Pipeline, First Enlargement, as described above. Sources: Basalt Water Conservancy District Allotment Contract: Applicant has a

Basalt Water Conservancy District Allotment Contract (No. 405a) for 3.9 acre-feet. Pursuant to the contract, the following water

rights are made available to Applicant for exchange (locations of the water rights are shown in Figure 1 on file with the Court): Green

Mountain Reservoir: Source: Blue River, tributary of Colorado River. Legal description: Located approximately 16 miles Southeast of

the Town of Kremmling in Summit County, Colorado, and more particularly in all or parts of Sections 11, 12, 13, 14, 15, and 24 of

Township 2 South, Range 80 West, and in Sections 17, 18, 19, 20, 21, 28, 29, and 34, Township 2 South, Range 79 West of the 6th

P.M. Adjudication Date: October 12, 1955.mAppropriation Date: August 1, 1935. Case Nos.: 2782, 5016, and 5017, United States

District Court, District of Colorado; and Case No. 88CW022, District Court, Water Division No. 5. Decreed Amount: 154,645 acre

feet and a refill right in the amount of 3,856 acre feet absolute and 150,789 acre feet, conditional. Decreed Uses: In accordance with

paragraph 5(a), (b), and (c) of the section entitled “Manner of Operation of Project Facilities and Auxiliary Facilities” in Senate

Document 80. Ruedi Reservoir: Source: Frying Pan River, tributary of Colorado River. Legal description: An on-channel reservoir

located in Sections 7, 8, 9, 11, and 14 through 18, Township 8 South, Range 84 West of the 6th P.M. The reservoir is located in

portions of Eagle and Pitkin Counties. Adjudication Date: June 20, 1958. Appropriation Date: July 29, 1957. Case No.: C.A. 4613,

Garfield County District Court. Decreed Amount: 102,369 acre feet (Originally decreed for 140,697.3 acre feet; reduced to 102,369

acre feet in Case No. W-789-76). Decreed Uses: Generation of electric energy, domestic, municipal, industrial, irrigation, piscatorial,

and stock watering. Refill: By decree of the Water Court in Case No. 81CW34, Ruedi Reservoir was decreed a refill right in the

amount of 101,280 acre feet, conditional. In Water Court Case No. 95CW95, 44,509 acre feet of the refill right was made absolute. In

Water Court Case No. 01CW269, an additional 25,257 acre feet of the refill right was made absolute, for a total of 69,766 acre feet

absolute in the refill right. Information from previous decrees for Troy Ditch and Edith Ditch rights:

MAY 2013 RESUME


STRUCT

URE

PRIORI

TY

COU

RT

CASE

NO.

ADJ

DATE

APP

DATE

DECREE

D

AMOUN

T

(C.F.S.)

USE

(4)

AMOUNT SOLD, TRANSFERRED

OR RESERVED

AMOUNT

REMAINING (10)

(5) (6) (7) (8) (9) C.F.S. AF

Troy

Ditch (1)

370 3082 08/25/19

36

05/01/19

06

5.10 I 0.000 0.000 0.09

5

0.06

4

0.035 4.906 N/A

Troy

Ditch 1st

Enlg

427 3082 08/25/19

36

05/01/19

28

10.80 I 0.000 0.000 0.20

0

0.13

4

0.073 10.39

3

N/A

Troy

Ditch

2nd Enlg

669 4613 06/20/19

58

06/01/19

42

6.20 I 0.000 0.000 0.11

5

0.07

7

0.042 5.966 N/A

Edith

Ditch

353 3082 08/25/19

36

05/01/19

04

2.72 I 0.110 0.132

0

0.05

0

0.00

0

0.018 2.410 N/A

Edith

Ditch 1st

Enlg

673 4613 06/20/19

58

07/01/19

46

3.23 I 0.000 0.000 0.06

0

0.00

0

0.022 3.148 N/A

Troy

Ditch

Water

System

aka

Lower

Headgate

(2) W-

2281

15.50(3)

I,D,

M

C,P

0.110 0.132

0

0.52

0

0.27

5

0.190 14.27

3

412.8

9

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

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

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

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

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

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

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

South Shores augmentation plan.

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

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

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

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

MAY 2013 RESUME


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

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

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

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

a.

STRUCTURE DECREED

AMOUNT/

c.f.s.

AMOUNT

OWNED BY

BWCD

(c.f.s.)(1)

ADJ. DATE APP. DATE PRIORITY CASE

NO. (2)

ROBINSON

DITCH

5.00 1.21 05/11/1889 06/15/1882 38 132

ROBINSON

DITCH

2.50 0.60 05/11/1889 04/15/1886 140 132

ROBINSON

DITCH

2.00 0.48 05/11/1889 11/15/1886 167 132

ROBINSON

DITCH

10.70 2.59 12/29/1903 04/25/1899 212C 1061

ROBINSON

DITCH

20.06 4.85 08/25/1936 04/25/1900 326 3082

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

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

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

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

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

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

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

allottees for use pursuant to an approved substitute supply plan or decree of Court. Date of appropriation: April 30, 2013. How

appropriation was initiated: Intent to appropriate water rights and filing of this application for a water right. Date water applied to

beneficial use: N/A. Rate: The diversion rate of the Gibson Exchange is unchanged by this application. Volume: 3.9 acre-feet,

conditional, cumulative for the Gibson Exchange and the Gibson Exchange, First Enlargement. Applicant is the owner 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. Additionally,

Applicant is the owner of an easement for the land identified herein to be irrigated under the Gibson Pump and Pipeline, First

Enlargement, Gibson Pond, First Enlargement and Gibson Exchange, Fist Enlargement. Dams and land within high water line are

located on Applicant’s property. (12 pages)











13CW51 The Estate of Rhoda B. Thorsheim and Katie W. Thorsheim, c/o Rob Thorsheim, 1294 Xenon Street, Golden, CO

80401. Address all pleadings to: Evan D. Ela, Esq., Collins Cockrel & Cole, P.C., 390 Union Blvd., Suite 400, Denver, CO 80228,

(303) 986-1551. 1. APPLICATION FOR FINDINGS OF REASONABLE DILIGENCE in GRAND COUNTY. 2. Name of

Structures. Thorsheim Well Nos. 1-4, Wolford Mountain Reservoir and Lake Granby. 3. Previous Decrees. Originally decreed in

Case No. 03CW84 by decree entered on April 29, 2007 by the District Court, Water Division 5, State of Colorado. In addition to the

well water rights, the Applicants were granted an augmentation plan including appropriative rights of exchange in the original decree.

MAY 2013 RESUME


4. Purpose of the Application. Findings of diligence for the conditional well water rights and exchange rights originally decreed in

Case No. 03CW84. 5. Description of Conditional Water Rights from Original Decree. The subject wells are located on four

contiguous parcels of land (numbered 1 through 4) comprising the Osprey Subdivision (recorded at Reception No. 134411, Grand

County Clerk and Recorder Office), which are located in the NW 1/4 of the NE 1/4 of Section 13, T 3 N, R 76 W of the 6th P.M.,

Grand County, Colorado. The total area of the Osprey Subdivision is 4.3 acres. (a) Thorsheim Well No. 1, Permit No. 59842-F (f/k/a

Permit No. 93459). (1) Location. Parcel 1 at a point approximately 300 feet south of the North Section line and 2,225 west of the East

Section line of said Section 13;UTM coordintes of 427501.31 Easting, 4453288.28 Northing, UTM NAD 83 Zone 13. (2) Amount.

0.033 cfs (15 gpm), ABSOLUTE, for uses described in ¶5(a)(5)(i); 0.033 cfs (15 gpm), CONDITIONAL, for the uses described in

¶5(a)(5)(ii). The total withdrawal rate for this well is 0.033 cfs (15 gpm) for any or all purposes. (3) Depth of well. 85 feet. (4) Source.

Ground water tributary to the Colorado River. (5) Uses. (i) Domestic uses, including drinking and sanitary uses in-house, watering of

domestic animals, irrigation of approximately 9,065 sq-ft of lawns and gardens, and fire protection; (ii) Irrigation of 20,000 sq-ft of

gardens, including up to 120 one-gallon nursery containers, commercial, including drinking and sanitary uses for a four-bedroom bed

and breakfast, and watering of horses. For all of these expanded uses applicant claims an appropriation date of April 30, 2004, the date

the amended application was filed. (6) Appropriation Date. June 1, 1947, for domestic uses; April 30, 2004 for all other decreed uses.

(b) Thorsheim Wells No. 2-4. (1) Locations. (i) Thorsheim Well No. 2 - located on parcel 3, Osprey Subdivision, at a point

approximately 130 feet south of the North Section line and 2,590 west of the East Section line of said Section 13; UTM coordinates of

427388.09 Easting, 4453345.10 Northing, UTM NAD 83 Zone 13. (ii) Thorsheim Well No. 3 - located on parcel 4, Osprey

Subdivision, at a point approximately 260 feet south of the North Section line and 2,360 west of the East Section line of said Section

13; UTM coordinates of 427453.98 Easting, 4453302.63 Northing, UTM NAD 83 Zone 13. (iii) Thorsheim Well No. 4 - located on

parcel 2, Osprey Subdivision, at a point approximately 470 feet south of the North Section line and 2,600 west of the East Section line

of said Section 13; UTM coordinates of 427380.12 Easting, 4453230.36 Northing, UTM NAD 83 Zone 13. (2) Amount. 0.033 cfs (15

gpm), CONDITIONAL, for each well. (3) Source. Ground water tributary to the Colorado River. (4) Uses. Domestic, commercial,

irrigation of lawns and gardens, fire protection, pond evaporation, and stock watering. (5) Appropriation Date. April 30, 2004. Each

well will be used on one of the four respective parcels on which it is located. (c) Thorsheim Exchange. (1) Exchange-from Points.

Wolford Mountain Reservoir Outlet located in the NE ¼ of Section 25, Township 2 North, Range 81 West of the 6th

P.M., Grand

County, Colorado; the center point of the dam for such reservoir located at UTM coordinates of 379438.67 Easting, 4441265.67

Northing, UTM NAD 83 Zone 13. (2) Exchange-to Points. (i) Thorsheim Well No. 1, described in paragraph 5(a) above. (ii)

Thorsheim Wells No. 2-4, described in paragraph 5(b) above. (iii) Lake Granby, located in parts of Townships 2 North, Range 75

West and Townships 2 and 3 North, Range 76 West, 6th

P.M., Grand County, Colorado; the center point of the dam for such lake

located at UTM coordinates of 426134.45 Easting, 4444615.42 Northing, UTM NAD 83 Zone 13. (3) Amount. 2.3 acre feet,

CONDITIONAL, at an average annual rate of 0.00318 cfs. (4) Date of Appropriation. April 30, 2004, the date by which applicants

had developed the intent to make the appropriation and on which the Amended Application herein was filed. (5) Sources of Substitute

Supply. The sources of substitute supply are supplied by water allotment contracts between Applicant and Middle Park Water

Conservancy District for up to 2.3 ac-ft of water stored and released from Wolford Mountain Reservoir to replace the Applicant’s

depletions to calling senior water rights located downstream from the point of release, or for exchange up the Colorado River system

to the calling senior water right located between the point of release and Granby Reservoir. 6. Outline of work done and funds

expended by Applicant during the relevant diligence period toward completion of the appropriation. During the relevant

diligence period between the date of issuance of the original decree and the date of this application, the Applicants have engaged in

the following activities with respect to the Subject Water Rights: (a) Applicants have expended approximately $13,000 associated with

subdivision improvements including road access and surfacing, detention pond construction and landscaping as required by county

subdivision regulations during the relevant diligence period. (b) Applicants have timely paid all property taxes during the diligence

period, and have paid $3,500 for the contract with the Middle Park Water Conservancy District for augmentation water. (c) Applicants

installed a new pump in Thorsheim Well No. 1 and a new water meter at a total expense of approximately $800 during the diligence

period. (d) The Subject Water Rights were appropriated to serve the four-lot Osprey Subdivision, which is platted in unincorporated

Grand County. The entire subdivision has been zoned for commercial or residential purposes within the Tourist category recognized

by Grand County. One well has been constructed, and operates to provide a water supply to the residence and grounds located on one

of the four parcels in the subdivision. The well has supplied water for these purposes throughout the diligence period. The water usage

by the residence has been significantly less than allowed under the decreed augmentation plan because the residence has been used for

single family occupancy rather than operated as a bed and breakfast enterprise during the diligence period. (e) The Applicants have

continually attempted to market the subdivision properties and Subject Water Rights during the diligence period. Local and national

economic conditions have not been conducive to sales of residential and resort properties in western Colorado during the diligence

period. The pine beetle infestation in Grand County has also negatively affected the real estate market. Despite the lackluster market,

the subdivision as a whole has been under contract to sell four times during the diligence period, but each transaction has failed to

close. 7. Name and Address of Potentially Affected Landowners. (a) The property upon which Well Nos. 1-4 are located is owned

by the Applicant. (b) Wolford Mountain Reservoir is owned by the Colorado River Water Conservation District, P. O. Box 11220,

Glenwood Springs, CO 81602. (c) Lake Granby is owned by the Northern Colorado Water Conservancy District, 220 Water Avenue,

Berthoud, CO 80513. 8. Remarks. Ownership of the subdivision property and the Subject Water Rights has evolved during the

MAY 2013 RESUME


diligence period due to the death of Rhoda B. Thorsheim, one of the applicants in the original decree. As a result, ownership of the

property and water rights will changed to surviving family members after the estate of Rhoda B. Thorsheim has completed the probate

process. The surviving family members continue to consider development and/or to market all or portions of the subdivision property,

and the Subject Water Rights that supply the property, and continue to lease the residence for single-family occupancy. (6 pages)











11CW152 APPLICANT AND CO-APPLICANTS’ FIRST AMENDED APPLICATION FOR MULTI-PURPOSE WATER

RIGHTS, STORAGE, EXCHANGE, AND SUBSTITUTION CONCERNING THE APPLICATION FOR WATER RIGHTS OF

CITY AND COUNTY OF DENVER acting by and through its BOARD OF WATER COMMISSIONERS and the CO-APPLICANT

BOARD OF COMMISSIONERS FOR THE COUNTY OF GRAND, COLORADO and CO-APPLICANT COLORADO WATER

CONSERVATION BOARD, IN GRAND, EAGLE, SUMMIT, GARFIELD, MESA, and BOULDER COUNTIES. DISTRICT

COURT, WATER DIVISION NO. 5, STATE OF COLORADO, Garfield County Courthouse, 109 8th Street, Suite 104, Glenwood

Springs, Colorado 81601. 1. Name, address, telephone number of Applicant: City and County of Denver acting by and through its

Board of Water Commissioners (“Denver Water”), 1600 West 12th Avenue, Denver Colorado 80204-3412. Name and address of Co-

Applicants: Grand County Board of County Commissioners (“Grand County”), 308 Byers Avenue, P.O. Box 264, Hot Sulphur Springs,

CO 80451; Colorado Water Conservation Board (“CWCB”), 1313 Sherman Street, Room 721, Denver Colorado 80203. Denver Water

is the sole owner of the water rights claimed in this application, the use, reuse, and successive use of which is covered by various

agreements. Grand County is a co-applicant for the purpose advancing and protecting its contractual rights under agreements with

Denver Water. The Colorado Water Conservation Board (“CWCB”) is a Co-Applicant for the purposes of advancing and protecting

its contractual rights under agreements with Denver Water, Grand County and the Grand County Water Users, including obtaining a

decreed right for the CWCB to use the water appropriated, diverted, and delivered by Denver Water to preserve and improve the

natural environment to a reasonable degree on the stream reaches specified in this application. This application does not seek to

appropriate an instream flow water right. Instead, the water claimed by this application will be diverted and stored by Denver Water

for subsequent release for the claimed beneficial uses, including use by the CWCB for instream flow purposes. This application does

not create or convey to Co-applicants any right, covenant or servitude in any of Denver Water’s water rights or infrastructure.

PURPOSE AND NEED STATEMENT 2. On September 23, 2010, Denver Water and seventeen entities from the West Slope reached

consensus on the proposed Colorado River Cooperative Agreement (“CRCA”), which will resolve various longstanding disputes

involving Denver Water’s present and future operations on the West Slope. As part of the CRCA, Grand County, Denver Water, and

other West Slope entities have agreed to a proposed Intergovernmental Agreement for the Learning by Doing Cooperative Effort that

provides for the parties to engage in a cooperative, iterative and on-going process (“Cooperative Effort”) to maintain, and when

reasonably possible, restore or enhance the stream environment in the Fraser and Williams Fork River Basins and in the mainstem of

the Colorado River. This application seeks to implement portions of the CRCA and achieve other environmental and West Slope

water use goals. Denver Water seeks multi-purpose water rights and a right of substitution that would allow Denver Water to make

available to Grand County 1,000 ac-ft/year from its Fraser River Diversion Project, Williams Fork Diversion Project and Moffat

Tunnel Collection System (“Fraser 1,000 af”) for use for environmental purposes and any incidental recreational benefit, pursuant to

Article III.E.10 of the proposed CRCA, and reuse and successive use as described herein (see attached maps). Under Article III.E 20

of the CRCA, Denver Water has also agreed to make 375 acre feet (“375 Water”) of additional water available annually to the Grand

County Water Users for municipal, snowmaking and other uses in Grand County as set forth in the CRCA, including recapture, reuse

and successive use of snowmaking return flows, conditioned upon the availability to Denver Water of replacement water, as defined in

the CRCA. Of the 375 Water, Denver Water has agreed to make up to 100 acre feet of consumptive use water available annually for

snowmaking. To implement the CRCA snowmaking diversion to consumption ratio of up to 5 to 1, the Winter Park Recreational

Association will divert directly from Denver’s collection system or in limited circumstances, the Fraser River Pump and Pipeline, up

to 500 acre feet of water annually for snowmaking purposes. In order to divert this water, Denver Water will replace up to 500 acre

feet each winter season from Williams Fork Reservoir. As a result, up to 775 acre feet of water in total may be delivered and/or

diverted from Denver Water’s Fraser River Diversion Project, Williams Fork Collection System, and Moffat Tunnel Collection

System with subsequent recapture of 400 acre feet and net diversions of 375 acre feet. Grand County Water Users may elect to have

Denver Water make any portion of the 375 Water available to Grand County in the same manner and for the same purposes as the

Fraser 1,000 af, so long as replacement water is made available to Denver Water. No water right claimed in this application shall

MAY 2013 RESUME


impair or interfere with the contractual rights of any of the Grand County Water Users, including without limitation, augmentation,

replacements or exchanges, to implement, make use of or change any Existing Contract Water, Reservoir Yield or Bypass Water as

those terms are used under the Clinton Agreement or Grand County Water Users Operating Plan, as amended. In addition, Denver

Water seeks a multiple purpose water right that would allow Denver Water to make available for release up to 1,000 acre feet annually

from Williams Fork Reservoir, subject to the carryover of up to 2,500 acre feet of storage described herein, to Grand County for use for

environmental purposes and any incidental recreational benefit, pursuant to Article III.E.11 of the proposed CRCA, and reuse and

successive use as described herein. Water diverted under these water rights will be made available to Grand County for: (1) instream

flow uses by the CWCB and for incidental recreational benefit; (2) reuse for instream flow uses by the CWCB in stream reaches listed

in this application either directly or via storage by exchange or substitution for subsequent release for instream flow purposes; and (3)

successive use for delivery to stream reaches downstream of Grand County either directly or via storage by exchange or substitution

for subsequent release for power generation or the other West Slope purposes as described herein after its initial beneficial use. (see

attached maps) If Grand County determines that the stream flow conditions in Grand County including in the Colorado River below its

confluence with the Blue River are satisfactory, the water provided to Grand County under this application may also be successively

used either directly or via storage by exchange or substitution to mitigate the potential impacts to Green Mountain Reservoir as

described in the United States Bureau of Reclamation’s Environmental Assessment for the Colorado Water Users’ Commitment to

Provide 10,825 acre-feet to the 15-Mile Reach of the Upper Colorado River. Colorado water users committed to provide 10,825 acre-

feet of water annually to the 15-mile reach of the Colorado River above its confluence with the Gunnison River in Mesa County (“15-

Mile Reach”) as described in the Final Programmatic Biological Opinion for Bureau of Reclamation’s Operations and Depletions,

Other Depletions, and Funding and Implementation of Recovery Program Actions in the Upper Colorado River Above the Confluence

with the Gunnison River, December, 1999 (“PBO”). Upon prior approval of Grand County, the water rights claimed herein may be

reused by the CWCB within the 15-Mile Reach to preserve or improve the environment to a reasonable degree consistent with the

PBO. Under certain conditions described below, Grand County may also allow successive use of the water rights either directly or via

storage by exchange or substitution into Wolford Mountain Reservoir or Green Mountain Reservoir through agreements with the

Colorado River Water Conservation District (“River District”) and United States Bureau of Reclamation (“Reclamation”) for later

release for power generation or other West Slope purposes decreed to Green Mountain Reservoir in the Final Decree and Stipulation in

Consolidated Case Nos. 2782, 5016, and 5017, United States District Court, State of Colorado (“Blue River Decree”), including but

not limited to deliveries of water to Grand Valley water users. In order to ensure that the purposes described above can be achieved,

the water diverted under these water rights will be delivered to the CWCB under the attached Water Delivery and Stream Flow

Improvement Agreement between Denver Water, Grand County and the CWCB or may be delivered by separate agreement with the

Grand County Water Users. Through appropriate accounting mechanisms, Denver Water and Grand County shall maintain dominion

over these water rights. Any water diverted and delivered under these water rights for their intended beneficial instream purposes

shall be shepherded by the state water officials past intervening water rights without diversion or exchange by others consistent with

the intended beneficial uses. FIRST CLAIM Gross Reservoir multi-purpose water right (2011 Gross Water Right) 3. Name of

Reservoir: Gross Reservoir. 4. Legal description of location of dam centerline: The dam of Gross Reservoir is located in Tracts 48

and 49, Township 1 South, Range 71 West of the 6th Principal Meridian (where the north half (Nl/2) of the southeast quarter (SE1/4)

of Section 20 of Township 1 South, Range 71 West of the 6th Principal Meridian would be located by ordinary survey practices) and

creates a reservoir covering parts of Tracts 47, 48, 49, 44, 45, 63, 107, 108, 109 and 110, the south half (Sl/2) of the south half (S 1/2)

of Section 18, Section 19 and Section 30, the south half (S1/2) of the northeast quarter (NE1/4) of Section 25 and the east half (El/2)

of the southeast quarter (SE1 /4) of Section 24, all in Township 1 South, Range 71 West of the 6th Principal Meridian in Boulder

County, Colorado. 5. Source: Fraser and Williams Fork Rivers and their tributaries at the existing points of diversions identified

below including water tributary to any of the existing points of diversion, as well as water diverted from other tributaries intercepted

by the Fraser River Diversion Project, the Williams Fork Diversion Project, or the Moffat Tunnel Collection System and delivered

through Denver Water’s Collection System to the points of delivery set forth in ¶ 41 of the Fifth Claim and ¶ 42.A of the Sixth Claim.

6. Points of diversion: The locations of the several existing points of diversion of the Fraser River Diversion Project, Williams Fork

Diversion Project and the Moffat Tunnel Collection System are as follows:

Fraser River Diversion Project:

Diversion Name UTM

Northing

(meters)

UTM

Easting

(meters)

Section Township -

Range

Tie From NGS Point (N 139)

FRASER RIVER 4412677.50 435906.22 23 T2S R75W S 27°29'36.63" E, 13910.64 meters

JIM CREEK 4414775.05 436595.71 14 T2S R75W S 34°46'23.41" E, 12468.79 meters

BUCK CREEK 4415953.00 435742.47 11 T2S R75W S 34°37'19.48" E, 11014.61 meters

CUB CREEK 4416758.56 435101.53 3 T2S R75W S 34°13'19.07" E, 9987.79 meters

COOPER CREEK 4415670.41 433747.60 10 T2S R75W S 24°31'06.85" E, 10273.06 meters

MAY 2013 RESUME


VASQUEZ CREEK 4413151.24 429845.71 19 T2S R75W S 01°44'38.72" E, 11871.38 meters

LITTLE VASQUEZ

CREEK

4415875.71 432063.82 9 T2S R75W S 15°45'26.66" E, 9498.36 meters

MAIN ELK CREEK 4415667.50 428863.34 12 T2S R76W S 03°48'01.17" W, 9370.22 meters

WEST MAIN ELK

CREEK

4415833.00 428683.56 12 T2S R76W S 04°59'00.48" W, 9218.97 meters

EAST ELK CREEK 4416121.00 429339.13 7 T2S R75W S 00°56'07.99" W, 8897.30 meters

WEST ELK CREEK 4416877.57 427019.35 2 T2S R76W S 16°50'55.86" W, 8504.63 meters

ST LOUIS CREEK 4411796.16 422189.71 29 T2S R76W S 28°53'16.09" W, 15099.88 meters

IRON CREEK 4412658.99 422319.20 20 T2S R76W S 30°06'18.05" W, 14285.07 meters

BYERS CREEK 4414435.16 422883.36 16 T2S R76W S 31°57'21.48" W, 12472.03 meters

EAST ST LOUIS

CREEK

4415638.00 424996.13 10 T2S R76W S 25°34'22.56" W, 10397.71 meters

FOOL CREEK 4416486.38 425626.31 10 T2S R76W S 24°20'06.76" W, 9362.61 meters

WEST ST LOUIS

CREEK

4416018.87 422235.48 8 T2S R76W S 38°51'16.73" W, 11554.88 meters

SHORT CREEK 4415834.62 422824.36 9 T2S R76W S 35°57'11.75" W, 11343.47 meters

KING CREEK 4416571.18 426083.28 11 T2S R76W S 21°56'03.46" W, 9105.03 meters

RANCH CREEK 4421345.15 437402.62 24 T1S R75W S 65°07'16.00" E, 8728.21 meters

DRIBBLE CREEK 4422080.63 437192.34 24 T1S R75W S 69°08'40.87" E, 8248.35 meters

NORTH FORK

RANCH CREEK

4422680.48 437098.86 24 T1S R75W S 72°56'25.39" E, 7964.92 meters

SOUTH FORK

RANCH CREEK

4418631.62 436009.33 35 T1S R75W S 45°37'07.53" E, 9129.58 meters

MIDDLE FORK

RANCH CREEK

4420151.42 437204.96 25 T1S R75W S 57°46'47.25" E, 9125.90 meters

Williams Fork Collection System:

Diversion Name UTM

Northing

(meters)

UTM

Easting

(meters)

Section Township -

Range


MCQUEARY CREEK 4403986.83 421561.30 17 T3S R76W S 20°38'37.51" W, 22473.29 meters

JONES CREEK 4402075.50 422363.69 28 T3S R76W S 17°14'36.62" W, 24021.29 meters

BOBTAIL CREEK 4401582.40 422352.13 28 T3S R76W S 16°55'38.76" W, 24496.03 meters

STEELMAN CREEK 4401221.40 420077.09 30 T3S R76W S 21°34'14.46" W, 25587.77meters

Moffat Tunnel Collection System:

Diversion Name UTM

Northing

(meters)

UTM

Easting

(meters)

Section Township -

Range


LITTLE CABIN

CREEK

4425188.50 436841.78 11 T1S R75W N 88°39'56.11" E, 7359.38 meters

CABIN CREEK 4426522.50 436581.72 2 T1S R75W N 78°01'28.93" E, 7255.21 meters

HAMILTON CREEK 4427754.00 436342.72 2 T1S R75W N 68°14'42.06" E, 7384.25 meters

HURD CREEK 4429512.50 435017.41 35 T1N R75W N 50°54'26.27" E, 7129.00 meters

SOUTH TRAIL

CREEK

4431064.00 433753.47 27 T1N R75W N 35°13'18.86" E, 7402.01 meters

MAY 2013 RESUME


NORTH TRAIL

CREEK

4431370.40 433620.11 22 T1N R75W N 33°03'44.58" E, 7580.78 meters

MEADOW CREEK 4433652.50 433520.84 15 T1N R75W N 25°03'10.23" E, 9532.20 meters

*NGS Point – Designation (N 139/PID (KK0971):

UTM Northing (meters) UTM Easting (meters)

4425017.12 429484.40

7. Date of the initiation of appropriation: A. Date of appropriation: September 23, 2010. B. How appropriation was initiated: Denver

Water and seventeen entities from the Western Slope reached consensus on the proposed CRCA, which will resolve various

longstanding disputes involving the Board’s present and future operations on the Western Slope as subsequently confirmed by Resolution

of Denver Water on July 13, 2011. C. Date water applied to beneficial use: Not Applicable. 8. Amount claimed: 1,375775 acre-feet

annually. CONDITIONAL. 9. Rate of diversion: The same rates as decreed to each of the diversion points for the Fraser River

Diversion Project, the Williams Fork Diversion Project and the Moffat Tunnel Collection System described above. At no time shall the

rate of diversions decreed in C.A 657 and C.A 1430 plus the rate of water diverted under this priority exceed the rate decreed in C.A.

657 and C.A. 1430. 10. Uses: A. As informed by the Cooperative Effort: (1) the Fraser 1,000 af may be used by the CWCB to

preserve and improve the environment to a reasonable degree. Such water may be reused for such purposes, including reuse by the

CWCB in the 15-Mile Reach; and (2) the Fraser 1,000 af may be used and reused by Grand County and its designees for recreational

uses and successively used either directly or via storage by exchange or substitution for power generation or the other West Slope

purposes decreed to Green Mountain Reservoir in the Blue River Decree, including but not limited to deliveries of water to Grand

Valley water users. B. The 375 Water may be used by the Grand County Water Users for municipal, snowmaking (see description in

purpose and need statement), domestic, commercial, irrigation, recreation, fish and wildlife and fire protection uses in Grand County

in any particular year as set forth in the CRCA at their points of diversion described in the Sixth Claim for relief. Snowmaking return

flows may be recaptured, reused and successively used and such return flows shall accrue directly to Denver’s Fraser River Diversion

Project or Moffat Tunnel Collection System or indirectly to Denver’s System via diversions from the Fraser River Pump and Pipeline

(described in Sixth Claim). In addition thereto, upon approval by the Grand County Water Users from time to time, the 375 Water

may be used, reused, or successively used including by the CWCB or Grand County for the same purposes as described above in

paragraph 10.A; provided that, replacement water is provided to Denver Water pursuant to the CRCA. 11. Surface area of high water

line of Gross Reservoir: 818 acres at elevation 7,400 feet. a.A. Maximum height of dam: 465 feet; b.B. Length of dam: 1,799 feet.

12. Total capacity of reservoir in acre feet: 113,811 acre feet. (1)A. Active capacity: 113,810 acre feet; (2)B. Dead storage: 1 acre

foot. 13. Names and addresses of owners or reputed owners of the land upon which any new diversion or storage structure, or

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

any modification to existing storage pool: Williams Fork Diversion Project, Fraser River Diversion Project and Moffat Tunnel

Collection System are existing structures that will not be modified under this application. Gross Reservoir will be enlarged.

Gross Reservoir Enlargement:

Owner Address

City and County of Denver acting by and

through its Board of Water Commissioners

1600 W. 12th

Ave

Denver CO 80204

United States Forest Service Boulder Ranger District

Arapaho and Roosevelt National Forests

2140 Yarmouth Avenue

Boulder CO 80301

Miramonte Limited Liability Company c/o

Bruce K. Alexander

1000 E. Tufts Ave.

Cherry Hills Village, CO 80113

14. Remarks: A. One of the purposes of this claim is to implement Article III.E.10 and Article III.E.20 of the proposed CRCA. B.

Denver Water also stores water in Gross Reservoir under decrees entered in C.A. 657 (Water Division 5), C.A. 1430 (Water Division

5) and C.A. 12111 (Water Division 1) and intends to operate this 2011 Gross Water Right in conjunction with its other water rights.

Denver Water shall carryover sufficient amounts of the 2011 Gross Water Right in Gross Reservoir to meet its obligations under the

proposed CRCA. This junior right shall be accounted and administered against the volume of water Denver otherwise would be

entitled to divert and store pursuant to its rights decreed in C.A. 657 (Water Division 5) and C.A. 1430 (Water Division 5) (also

referred to as a paper fill of such rights). Denver Water has no intent to abandon any of its senior rights; thus, in any year in which

Denver does not fully exercise this junior right, Denver may fully exercise its existing water rights depending upon the hydrologic and

operational circumstances. C. No in-basin water from the South Platte River or its tributaries, including South Boulder Creek and its

tributaries, will be diverted under this water right by exchange or otherwise. SECOND CLAIM Gross Reservoir Substitution Water

MAY 2013 RESUME


Right 15. Name of Structures: Gross Reservoir, Fraser River Diversion Project, the Williams Fork Diversion Project, and the Moffat

Tunnel Collection System. 16. Description of the Substitution: Denver Water will divert water under the water right described in the

First Claim (2011Gross Water Right) for storage in Gross Reservoir. When the Fraser 1,000 af water is requested by Grand County,

or when the Grand County Water Users request use of the 375 Water, the water stored pursuant to the 2011 Gross Water Right will be

credited to Denver Water in substitution for the by-pass or release of water that Denver Water is otherwise lawfully entitled to divert

to the east slope under its existing water rights at the existing points of diversion of the Fraser River Diversion Project and the

Williams Fork Diversion Project and at the existing points of diversion for the Moffat Tunnel Collection System. The water released by

substitution may include water tributary to any of the existing points of diversion, as well as water diverted from other tributaries

intercepted by the Fraser River Diversion Project, the Williams Fork Diversion Project, or the Moffat Tunnel Collection System and

delivered through Denver Water’s Collection System to the point of delivery, which in most circumstances will be the same points

described in ¶6. 17. Legal description of points of substitution: Water stored in Gross Reservoir under the 2011 Gross Water Right

will be booked over to Denver Water’s senior Colorado River accounts for water diverted under C.A. 657 and C.A. 1430 account(s) in

Gross Reservoir as substitution for Denver Water’s release of water at the delivery points of the Fraser River Diversion Project, the

Williams Fork Diversion Project or the Moffat Tunnel Collection System identified in the Fifth and Sixth Claims below that would

otherwise be diverted to storage in Gross Reservoir under Denver Water’s Fraser River Diversion Project or Williams Fork Diversion

Project water rights decreed in C.A. 657, or Denver Water’s Moffat Tunnel Collection System water rights decreed in C.A. 1430. 18.

Source of Substitute Supply: 2011 Gross Water Right. 19. Date of the initiation of appropriation: A. Date of appropriation:

September 23, 2010. B. How appropriation was initiated: Denver Water and seventeen entities from the West Slope reached consensus

on the proposed CRCA, which will resolve various longstanding disputes involving the Board’s present and future operations on the

West Slope as subsequently confirmed by Resolution of Denver Water on July 13, 2011. C. Date water applied to beneficial use: Not

Applicable. 20. Amount claimed: 1,375775 acre-feet. CONDITIONAL. This volume of substitution water is the same volume of

water claimed under the 2011 Gross Water Right in the First Claim above, and is not an additional amount of water to be diverted and

stored in Gross Reservoir under this application. 21. Uses: The Fraser 1,000 af may be used, reused, or successively used by the

CWCB and Grand County for the same purposes as described above in paragraph 10.A. The 375 Water may be used, reused, or

successively used by the Grand County Water Users for the same purposes as described in paragraph 10.B and used, reused, or

successively used by the CWCB or Grand County as described in paragraph 10.A; provided that, replacement water is provided to

Denver Water pursuant to the CRCA. 22. Remarks: A. One of the purposes of this claim is to implement Article III.E.10 and Article

III.E.20 of the proposed CRCA. B. Pursuant to C.R.S.§ 37-80-120(4), a practice of substitution pursuant to law may constitute an

appropriative right and may be adjudicated or otherwise evidenced as any other right of appropriation. C. No in-basin water from the

South Platte River or its tributaries, including South Boulder Creek and its tributaries, will be diverted under this water right by

exchange or otherwise. D. It is intended that the releases of water by substitution under this water right, including for any reuse or for

successive use of such releases of water, may increase the flows in the intended stream reaches above flows existing in the absence of

such releases. Except for municipal and snowmaking uses under the Sixth Claim for Relief, Ssuch releases are not intended to benefit

any other water rights or relieve any other party of any augmentation, replacement, substitution or delivery obligations that would exist

in the absence of such releases. E. Denver Water will continue its historic practice of exchanging water from Williams Fork Reservoir

for diversions of water through the Moffat Tunnel under its decrees in C.A. 657 and 1430 to the points of diversion described in

Paragraph 6 above. However, rather than deliver this water through the Moffat Tunnel, water previously stored in Gross Reservoir

under the First Claim 2011 Gross Water Right will be provided to Denver Water in substitution for such water. This water will be

delivered as either Fraser 1,000 af or 375 Water at the points of delivery set forth in paragraphs 41 and 42 below. THIRD CLAIM

Williams Fork Reservoir Multi-purpose water right (2011 Williams Fork Water Right) 23. Name of Structure: Williams Fork

Reservoir. 24. Legal description of location of dam centerline: Williams Fork Reservoir Dam, the southeast end of the dam which

is at a point whence Southeast corner of Section 23, Township 1 North, Range 79 West, 6th P.M., bears South 24º53’ East a

distance of 2,175 feet, Grand County, Colorado. 25. Source: Williams Fork River and tributary drainage into Williams Fork

Reservoir above the dam. 26. Date of the initiation of appropriation: A. Date of appropriation: September 23, 2010. B. How

appropriation was initiated: Denver Water and seventeen entities from the Western Slope reached consensus on the proposed

CRCA, which will resolve various longstanding disputes involving the Board’s present and future operations on the Western

Slope as subsequently confirmed by Resolution of Denver Water on July 13, 2011. C. Date water applied to beneficial use: Not

Applicable. 27. Amount claimed: 1,000 acre feet annually with the ability to carry over up to 2,500 acre-feet. CONDITIONAL

(the “Williams Fork 1,000 af”). 28. Uses: The Williams Fork 1,000 af may be used, reused, or successively used by the CWCB

or Grand County for the same purposes as for Fraser 1,000 af described above in paragraph 10.A. 29. Surface area of high water

line of Williams Fork Reservoir: 1,700 acres at elevation 7,811 feet. a.A. Maximum height of dam: 209 feet; b.B. Length of

dam: 600 feet. 30. Total capacity of reservoir in acre feet: 96,822 acre feet. (1)A. Active capacity: 96,822 acre feet; (2)B.Dead

storage: 0 acre feet. 31. Names and addresses of owners or reputed owners of the land upon which any new diversion or storage

structure, or modification of any existing diversion or storage structure is or will be constructed upon which water is or will be stored,

including any modification to existing storage pool: There will be no modification of the storage structure or existing storage pool.

32. Remarks: A. One of tThe purposes of this claim is to implement Article III.E.11 and Article III.E.20 of the proposed CRCA. B.

Denver Water also stores water in Williams Fork Reservoir under decrees entered in C.A. 657 and C.A. 1430, and intends to operate

MAY 2013 RESUME


this water right in conjunction with its other water rights. Denver Water will carryover sufficient amounts of the 2011 Williams Fork

Water Right in Williams Fork Reservoir to meet its obligations under the proposed CRCA. This junior right shall be accounted and

administered against the rate and volume of water Denver otherwise would be entitled to divert and store pursuant to its rights decreed

in C.A. 657 (Water Division 5) and C.A. 1430 (Water Division 5) (also referred to as a paper fill of such rights). Denver Water has no

intent to abandon any of the Williams Fork Reservoir senior storage rights; thus, in any year in which Denver does not fully exercise

this junior right, Denver may fully exercise its senior water rights depending upon the hydrologic and operational circumstances. C. It

is intended that the releases of water under this water right, including for any reuse or for successive use of such releases of water, will

increase the flows in the intended stream reaches above flows existing in the absence of such releases. Such releases are not intended

to benefit any other water rights or relieve any other party of any augmentation, replacement, substitution, or delivery obligations that

would exist in the absence of such releases. D. Nothing herein shall impair the contractual rights of Climax Molybdenum for up to

2,200 acre feet of water in Williams Fork Reservoir for replacement water for calls against the Henderson Mill by senior downstream

Colorado River water rights. FOURTH CLAIM Wolford Mountain Reservoir and, Green Mountain Reservoir, and Williams Fork

Reservoir Exchange and Substitution Rights 33. Exchange-From or Substitution Point: A. The confluence of the Blue River and the

Colorado River, which is located in the NW1/4 of the NW1/4 of the NE1/4 of Section 19, Township 1 North, Range 80 West, 341 feet

from the North section line and 2,066 feet from the East section line. From this confluence, exchanges will be made of the Fraser

1,000 af, up the Blue River to storage in Green Mountain Reservoir. B. The confluence of Muddy Creek and the Colorado River,

which is located in the NE1/4 of the NW1/4 of the NE1/4 of Section 19, Township 1 North, Range 80 West, 189 feet from the North

section line and 1,952 feet from the East section line. From this confluence, exchanges will be made of the Fraser 1,000 af, up Muddy

Creek to storage in Wolford Mountain Reservoir. C. The confluence of Williams Fork River and the Colorado River, which is located

in the NW ¼ of the NW ¼ of Section 18, Township 1 North, Range 78 West, approximately 650 feet from the North section line and

200 feet from the West section line. From this confluence, exchanges will be made to storage of both the Fraser 1,000 af and the 375

Water that remains after first use or reuse, up the Williams Fork River to storage in Williams Fork Reservoir. 34. Source: Reuse and

successive use of water delivered by Denver Water to Grand County under the 2011 Gross Water Right, the Gross Reservoir

Substitution Water Right, or the 2011 Williams Fork Water Right, as described above. 35. Exchange-To or Substitution Points: A.

Point of diversion: i. Green Mountain Reservoir, which is located in all or parts of Sections 11, 12, 13, 14, 15, and 24 T2S, R80W and

Sections 17, 18, 19, 20, 21, 28, 29, 33, and 34 T2S, R79W, 6th Principal Meridian, Summit County, Colorado. Green Mountain dam is

described as follows: Station 0 + 00 on the dam axis bears S 36’ 31’ 45” W a distance of 11,165 feet from the Southwest corner of

Section 1, T2S, R80W, 6th Principal Meridian; thence the axis bears N 21º 00’ 00” E. The dam is 309 feet in height from the lowest

point of excavation, with the crest at elevation 7960.0. The crest width is 40 feet. The crest length is 1284 feet, including spillway

gate structure. ii. Wolford Mountain Reservoir, which is an existing structure owned and operated by the Colorado River Water

Conservation District which stores water behind a dam located across the channel of Muddy Creek, in Section 25, Township 2N,

Range 81W, of the 6th Principal Meridian in Grand County, Colorado. iii. Williams Fork Reservoir, which is described in paragraph

24 of the Third Claim. B. Date of appropriation: November 22, 2011. C. How appropriation was initiated: Formation of intent as

manifested by the overt act of filing the application herein, as confirmed and directed by Grand County’s Resolution approved

November 22, 2011. D. Date water applied to beneficial use: Not Applicable. 36. Amount claimed: Up to a combined total of

3,5004,275 acre-feet of storage annually, by either exchange or substitution, in either Green Mountain Reservoir or, Wolford Mountain

Reservoir, or Williams Fork Reservoir. CONDITIONAL. 37. Rate of exchange: Up to 500 cfs. CONDITIONAL. 38. Uses: A. Fraser

1,000 af: Upon the completion of the initial instream use in Grand County of water under the 2011 Gross Water Right, the Gross

Reservoir Substitution Water Right, and the 2011 Williams Fork Water Right, as confirmed with the Division Engineer by Grand

County consistent with the Cooperative Effort, the remaining water may be reused or successively used either directly or via storage,

by exchange or substitution, into either Wolford Mountain Reservoir, Williams Fork Reservoir or Green Mountain Reservoir for

subsequent release for reuse for instream purposes in Grand County and in the 15-Mile Reach or successive use for power generation

or the other West Slope purposes decreed to Green Mountain Reservoir in the Blue River Decree, including but not limited to the

deliveries of water to Grand Valley water users. B. 375 Water: The 375 Water made available by exchange and substitution may be

used by the Grand County Water Users for municipal, snowmaking (see description in purpose and need statement), domestic,

commercial, irrigation, recreation, fish and wildlife and fire protection uses. The water made available by substitution under the

Second Claim for Relief will be diverted at the points of diversion and rediversion described in the Sixth Claim for Relief. Upon the

completion of the initial use in Grand County, as confirmed with the Division Engineer by Grand County consistent with the

Cooperative Effort, the return flows may be reused or successively used either directly or via storage, by exchange or substitution, into

Williams Fork Reservoir for subsequent release for reuse by Denver Water for all of the purposes decreed to Williams Fork Reservoir.

39.Names and addresses of owners or reputed owners of the land upon which any new diversion or storage structure, or modification

of any existing diversion or storage structure is or will be constructed upon which water is or will be stored, including any

modification to existing storage pool: Neither Green Mountain Reservoir, Williams Fork Reservoir nor Wolford Mountain Reservoir

will be modified. 40. Remarks: A. The proposed successive use of the Fraser 1,000 af water under these exchange and substitution

rights arises from the need to offset any decrease in yield of the existing water rights decreed to Green Mountain Reservoir and offset

any increase in amounts of replacement water that Denver Water or the City of Colorado Springs may owe to Green Mountain

Reservoir as described in Reclamation’s Environmental Assessment for the Colorado Water Users’ Commitment to Provide 10,825

MAY 2013 RESUME


acre-feet to the 15-Mile Reach of the Upper Colorado River. B. It is intended that the releases of water for reuse for instream uses or

for reuse or successive under these exchange and substitution rights, increase the flows in the intended stream reaches above flows

existing in the absence of such releases. Such releases are not intended to benefit any other water rights or relieve any other party of

any augmentation, replacement, substitution, or delivery obligations that would exist in the absence of such releases. C. No exchanges

or substitutions under this water right shall be operated without the prior consent of the Secretary of Interior or its designee for Green

Mountain Reservoir; and by the Colorado River Water Conservation District for Wolford Mountain Reservoir. In consultation with

Grand County, the River District and the Secretary of the Interior or its designee, such stored water may be released at the direction of

the Secretary of the Interior or its designee for purposes consistent with the Blue River Decree. FIFTH CLAIM Operation of the various

claimed water rights for instream uses 41. Consistent with the preceding claims, water from the water rights claimed hereunder in an

amount of 1,375 ac-ft in the Fraser and Williams Fork basins and up to 2,500 ac-ft annually from Williams Fork Reservoir in rates of

flow not to exceed the rates listed in Attachment A, shall be delivered from Denver Water’s Fraser River Diversion Project, Williams

Fork Diversion Project and Moffat Tunnel Collection System to the Fraser and Williams Fork Rivers and their tributaries, and to the

Colorado River. A. Denver Water may deliver water at the points described in ¶6 of the First Claim and at Siphons 2A, 3 and 6

described below:

Delivery Name UTM Northing(meters) UTM Easting(meters) Tie from NGS Point (N

139)*

At a point on Siphon 2A

between the upstream

point and the

downstream point

Upstream point:

4416298.948

Upstream point:

431935.697

S 15º42’16”E, 9056.23

meters

Downstream point:

4416393.841

Downstream point:

432202.672

S 17º29’46”E, 9041.57

meters

Siphon 3 4415788.431 430379.744 S 5º32’29”E, 9272.02

meters

At a point on Siphon 6

between the upstream

vent and the

downstream vault

Upstream point:

4415770.179

Upstream point:

423549.111

S 32º41’42” W, 10987.83

meters

Downstream point:

4415470.609

Downstream point:

424271.156

S 28º38’18” W, 10877.21

meters

*NGS Point – Designation (N 139/PID (KK0971):

UTM Northing (meters) UTM Easting (meters)

4425017.12 429484.40

B. The delivery of environmental flow water will be made through the following reaches as further described in Attachment A: i. Fraser

Diversion Project: a. Water released at Denver Water diversion point at the Fraser River will be protected via the following segments:

Fraser 1-11; Colorado 1-11. b. Water released at the Denver Water diversion point at Jim Creek will be protected via the

following segments: Jim 1, Fraser 2-11; Colorado 1-11. c. Water released at the Denver Water diversion point at Buck Creek

will be protected via the following segments: Buck 1; Fraser 3-11; Colorado 1-11. d. Water released at the Denver Water

diversion point at Cub Creek will be protected via the following segments: Cub 1; Fraser 4 -11; Colorado 1-11. e. Water released

at the Denver Water diversion point at Cooper Creek will be protected via the following segments: Cooper 1; Fraser 5 -11;

Colorado 1-11. f. Water released at the Denver Water diversion point at Vasquez Creek will be protected via the following

segments: Vasquez 1-3; Fraser 6-11; Colorado 1-11. g. Water released at the Denver Water diversion point at Little Vasquez

Creek will be protected via the following segments: Little Vasquez 1; Vasquez 3; Fraser 6-11; Colorado 1-11. h. Water released

at the Denver Water diversion point at Main Elk Creek (a.k.a. Elk Creek) will be protected via the following segments: Elk 1-4;

Fraser 7-11; Colorado 1-11. i. Water released at the Denver Water diversion point at West Main Elk Creek will be protected via

the following segments: West Main Elk 1; Elk 2-4; Fraser 7-11; Colorado 1-11. j. Water released at the Denver Water diversion

point at East Elk Creek will be protected via the following segments: East Elk 1; Elk 3-4; Fraser 7-11; Colorado 1-11. k. Water

released at the Denver Water diversion point at West Elk Creek will be protected via the following segments: West Elk 1; Elk 4;

Fraser 7-11; Colorado 1-11. l. Water released at the Denver Water diversion point at St. Louis Creek will be protected via the

following segments: St. Louis 1-8; Fraser 8-11; Colorado 1-11. m. Water released at the Denver Water diversion point at Iron

Creek will be protected via the following segments: Iron 1; St. Louis 2-8; Fraser 8-11; Colorado 1-11. n. Water released at the

Denver Water diversion point at Byers Creek will be protected via the following segments: Byers 1; St. Louis 3-8; Fraser 8-11;

Colorado 1-11. o. Water released at the Denver Water diversion point at East St. Louis Creek will be protected via the following

segments: East St. Louis 1; St. Louis 4-8; Fraser 8-11; Colorado 1-11. p. Water released at the Denver Water diversion point at Fool

Creek will be protected via the following segments: Fool 1; St. Louis 5-8; Fraser 8-11; Colorado 1-11. q. Water released at the

Denver Water diversion point at West St. Louis Creek will be protected via the following segments: West St. Louis 1-3; St. Louis 6-8;

Fraser 8-11; Colorado 1-11. r. Water released at the Denver Water diversion point at Short Creek will be protected via the following

segments: Short 1; West St. Louis 2-3; St. Louis 6-8; Fraser 8-11; Colorado 1-11. s. Water released at the Denver Water diversion

point at King Creek will be protected via the following segments: King 1; St. Louis 7-8; Fraser 8-11; Colorado 1-11. t. Water

MAY 2013 RESUME


released at the Denver Water diversion point at Ranch Creek (a.k.a. Main Ranch Creek) will be protected via the following segments:

Ranch 1-8; Fraser 9-11; Colorado 1-11. u. Water released at the Denver Water diversion point at Dribble Creek will be protected via

the following segments: Dribble 1; Ranch 2-8; Fraser 9-11; Colorado 1-11. v. Water released at the Denver Water diversion point

North Ranch Creek (a.k.a. North Fork Ranch Creek) will be protected via the following segments: North Ranch 1; Ranch 3-8; Fraser

9-11; Colorado 1-11. w. Water released at the Denver Water diversion point at South Fork Ranch Creek will be protected via the

following segments: South Fork Ranch 1-2; Ranch 4-8; Fraser 9-11; Colorado 1-11. x. Water released at the Denver Water diversion

point at Middle Fork Ranch Creek (a.k.a. South Ranch Creek) will be protected via the following segments: Middle Fork Ranch 1;

South Fork Ranch 2; Ranch 4-8; Fraser 9-11; Colorado 1-11. y. Water released at the Denver Water delivery point Siphon 6 into St.

Louis Creek will be protected via the following segments: St. Louis 3-8; Fraser 8-11; Colorado 1-11. z. Water released at the Denver

Water delivery point Siphon 3 into Vasquez Creek will be protected via the following segments: Vasquez 1-3; Fraser 6-11;

Colorado 1-11. aa. Water released at the Denver Water delivery point Siphon 2A into Little Vasquez Creek will be protect ed via

the following segments: Little Vasquez 1; Vasquez 3; Fraser 6-11; Colorado 1-11. ii. Williams Fork Diversion Project: a. Water

released at the Denver Water diversion point at McQueary Creek will be protected via the following segments: McQueary 1;

Williams Fork 1-12; Colorado 3-11. b. Water released at the Denver Water diversion point at Jones Creek will be protected via

the following segments: Jones 1; Bobtail 2-3; Williams Fork 1-12; Colorado 3-11. c. Water released at the Denver Water

diversion point at Bobtail Creek will be protected via the following segments: Bobtail 1 -3; Williams Fork 1-12; Colorado 3-11.

d. Water released at the Denver Water diversion point at Steelman Creek will be protected via the following segments: Steelma n

1-2; Williams Fork 2-12; Colorado 3-11. iii. Moffat Tunnel Collection System: a. Water released at the Denver Water diversion

point at Little Cabin Creek will be protected via the following segments: Little Cabin 1; Ranch 5-8; Fraser 9-11; Colorado 1-11. b.

Water released at the Denver Water diversion point at Cabin Creek will be protected via the following segments: Cabin 1;

Ranch 6-8; Fraser 9-11; Colorado 1-11. c. Water released at the Denver Water diversion point at Hamilton Creek will be

protected via the following segments: Hamilton 1; Hurd 2-3; Ranch 7-8; Fraser 9-11; Colorado 1-11. d. Water released at the

Denver Water diversion point at Hurd Creek will be protected via the following segments: Hurd 1 -3; Ranch 7-8; Fraser 9-11;

Colorado 1-11. e. Water released at the Denver Water diversion point at South Trail Creek will be protected via the following

segments: South Trail 1; Trail 1; Hurd 3; Ranch 7-8; Fraser 9-11; Colorado 1-11. f. Water released at the Denver Water diversion

point at North Trail Creek will be protected via the following segments: North Trail 1; Trail 1; Hurd 3; Ranch 7-8; Fraser 9-11;

Colorado 1-11. g. Water released at the Denver Water diversion point at Meadow Creek will be protected via the following segments:

Meadow 1-2; Ranch 8; Fraser 9-11; Colorado 1-11. C. Remarks: Any water delivered under the water rights in this application for

their intended beneficial uses, reuse or successive use shall be shepherded by the state water officials past intervening water rights

without diversion or exchange consistent with the intended beneficial uses. Simultaneous deliveries of water to a stream reach from

different points of bypass or release by Denver Water shall be cumulative within the reach up to the flow rates in Attachment A and

administered by state water officials accordingly. Attachment A also identifies stream reaches through which such deliveries may be

made without any beneficial use claimed in the identified reaches. The 375 af of the 1,375 af will only be diverted hereunder with the

approval of the Grand County Water Users. Applicants intend to incorporate further studies on the stream segments identified on

Attachment A for which no beneficial use is currently determined. The flow rates for those segments will be no greater than the

beneficial use flow rates determined for the next downstream segment with such flow rates. Any future beneficial use in these

segments will be contingent upon (1) CWCB determination of the appropriate flow rates to preserve or improve the natural

environment to a reasonable degree and (2) an amendment to this water court application or an amendment to the decree pursuant to

procedures the water court establishes in the decree. Such use shall be considered to be within the scope and extent of use of the water

rights contemplated at the time of the appropriations claimed in this application. SIXTH CLAIM Operation of the 375 Water for

municipal and other uses 42. 375 Water. Under Article III.E.20 of the CRCA, Denver Water has agreed to make 375 acre feet of

additional water available annually to the Grand County Water Users for municipal, snowmaking, domestic, commercial, irrigation,

recreation, fish and wildlife and fire protection uses in Grand County, conditioned upon the availability to Denver Water of

Replacement Water, as defined in the CRCA. Of the 375 Water, Denver Water has agreed to make up to 100 acre feet of consumptive

use water available annually for snowmaking. The Winter Park Recreational Association will divert up to 500 acre feet of water for

snowmaking purposes from the points of diversion described below in subparagraphs 42.B.i.a, 42.B.i.b., and 42.B.i.d. In order to

divert this water, Denver Water will replace up to 500 acre feet each winter season from Williams Fork. Four hundred acre feet of

sSnowmaking return flows may be recaptured, reused and successively used and such return flows shall accrue directly to Denver’s

Fraser River Diversion Project or Moffat Tunnel Collection System or indirectly to Denver’s System via diversions from the Fraser

River Pump and Pipeline. In addition, substitution water will be delivered to Grand County Water Users for municipal uses. After

initial use, Denver will re-capture by exchange or substitution into Williams Fork Reservoir all municipal return flows for reuse and

successive use under the Fourth Claim for Relief. As between Denver Water and the Grand County Water Users the 375 Water will be

governed by the Amended Grand County Water Users’ Operating Plan. A. The 375 Water described in Claims 1 and 2 above will be

made available from the Fraser River Diversion Project, the Moffat Tunnel Collection System and the Williams Fork Diversion

Project to the Grand County Water Users at the points described in paragraph 41 of the Fifth Claim except for those points of delivery

associated with the Williams Fork Diversion Project. B. The 375 Water will be delivered for diversion and rediverted at the following

locations: i. Winter Park Recreation Association at: a. Lower Snowmaking Pump Station (Existing) (a/k/a Winter Park/Mary Jane

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Snowmaking Diversion). A point in Denver’s Moffat System located in the NE1/4 SW1/4 of Section 10, T. 2 S., R. 75 W., of the 6th

P.M., which bears S. 2600′ W. a distance of 7,480 feet from the NE Corner of Section 3, T. 2 S., R. 75 W. of the 6th P.M. The basis

of bearing is the East section line of said Section 3 which bears more or less due south. b. Upper Snowmaking Pump Station (a/k/a

Vasquez Mountain Snowmaking Diversion). A point in Denver’s Moffat System located in the NW1/4 NW1/4 of Section 9, T. 2 S.,

R. 75 W. of the 6th P.M., which bears S. 65°15' W. a distance of 12,100 feet from the NE Corner of Section 3, T. 2 S., R. 75 W. of the

6th P.M. The basis of bearing is the East section line of said Section 3, which bears more or less due south. c. Jim Creek

Bypass/Pipeline. A point of diversion along on the East Canal in being part of the Denver’s Moffat System, the location of which is in

the SW1/4 of suspended Sec. 11 T2S, R75W, 6th P.M., Town of Winter Park, County of Grand County, State of Colorado, more

particularly described as follows: Beginning at Corner No. 3 of Exchange Survey No. 367, whence Corner No. 13 of Exchange Survey

No. 367 bears South 13°14’44” East, said line forming the basis of bearing for this legal description; Thence North 83°18’ West a

distance of 867.8 feet more or less to said Point of Diversion. No. 10, HES 367, thence N 3835′ W, a distance of 1,040 feet. The

basis for bearing is the line between Corner Nos. 10 and 14, HES 367, which has a bearing of S 1612″ E. d. Siphon 1A (a/k/a W.P.

Base Diversion Point No. 2). W.P. Base Diversion Point No. 2 is located in the SE1/4 of the SE1/4 Section 10, T. 2 S., R. 75 W., 6th

P.M. in Grand County, Colorado, S. 1100′ W. a distance of 8,260 feet from the Southeast corner of Section 34, T. 1 S., R. 75 W., 6th

P.M. e. Fraser River Pump and Pipeline. The Fraser River Pump and Pipeline will be a diversion structure or infiltration gallery

located in or immediately adjacent to the Fraser River at a point in the NE1/4 of the SE1/4 of Section 10, T. 2 S., R. 75 W., of the 6th

P.M., bearing S 915′W, a distance of 7,960 feet from the SE corner of Section 34, T. 1 S., R. 75 W., of the 6th P.M. f. Discovery Park

Snowmaking Pond (a/k/a Moose Wallow). The inlet for the Discovery Park Snowmaking Pond is located in the NW1/4 SW1/4 of

Section 10, Township 2 South, Range 75 West, of the 6th P.M., which bears S 5212′ W a distance of 5,160 feet from the NE Corner

of Section 3, Township 2 South, Range 75 West, of the 6th P.M. The basis of bearing is the East section line of said Section 3 which

bears more or less due south. g. Winter Park Water System. The point of diversion is the Fraser River upstream of its confluence with

Jim Creek, near a point the location of which is in the SW1/4 of suspended Sec. 11, T2S, R75W, 6th P.M., Grand County, Colorado,

more particularly described as follows: Beginning at Corner No. 10, ES 367, thence S. 6202′ E, a distance of 660.0 feet. The basis

for bearings is the line between Corner Nos. 10 and 14, ES 367, which has a record bearing of S. 6612″ E. ii. Grand County Water

and Sanitation District No. 1 at: a. Pipeline No. 1. From Little Vasquez Creek at a point whence the Southeast corner of Section 32,

Township 1 South, Range 75 West, 6th

P.M., bears North 03°45’ East a distance of 1,775 feet as described in Case No. W-1768, and

further decreed as an alternate point of diversion for Pipeline No. 2 from Vasquez Creek in Case No. 82CW402 and for which

additional conditional water rights were confirmed in Case No. 82CW403.b. Pipeline No. 2. From Vasquez Creek at a point whence

the Southeast corner of Section 32, Township 1 South, Range 75 West, 6th P.M., bears North 41°00’ East a distance of 2,660 feet as

described in Case No. W-1768, and further decreed as an alternate point of diversion for Pipeline No. 1 from Little Vasquez Creek in

Case No. 82CW402 and for which additional conditional water rights were confirmed in Case No. 82CW403. c. Alternate Point of

Diversion for Pipeline Nos. 1 and 2. From Vasquez Creek at a point situated in the SE¼ of the SE¼ of Section 32, Township 1 South,

Range 75 West, 6th

P.M., more particularly described as follows: Beginning at a point on the South line of said Section 32, whence

the East ¼ corner of the South line of said Section 32, which is monumented with a 1” steel pipe, bears North 89°13’19” West a

distance of 515.60’, thence at a right angle to said section line, North 0°36’41” East a distance of 18.51’, to said water rights point

which is monumented with a ½” rebar and a plastic cap marked P.E. – L.S. 9132 as described in Case No. 85CW332.d. Pipeline No.

3. From the Fraser River at a point whence the Southeast Corner of Section 33, Township 1 South, Range 75 West of the

6th P.M., bears North 2°3’ East a distance of 3,000 feet as described in Case No. 82CW404.e. Pipeline No. 4. From the

Fraser River at a point 3020 feet East of the West line and 450 feet North of the South line of Section 28, T. 1 S., R. 75 W.

of the 6th

P.M. as described in Case No. 89CW270. f. GWSD #1 Reservoir. From the Fraser River at a point situated in the

NE¼SW¼ of Section 28, Township 1 South, Range 75 West, 6th P.M. This initial point of survey is located at a point on

the North line of said NE¼SW¼, 200 feet East of the Northwest corner of said NE¼SW¼ as described in Case No.

83CW333.g. GCWSD Water Storage Reservoirs No. 1 and No. 2. From the Fraser River at a point which is referred to as

the GCWSD Intake Structure, and which is the same point of diversion and intake structure for both reservoirs, is located

in the NW¼NW¼ of Section 28, Township 1 South, Range 75 West, 6th P.M., at a point on the west bank of the Fraser

River approximately 270 feet east of the west line of Section 28 and 195 feet south of the north line of Section 28 as

described in the decree in Case No. 02CW367.h. Sitzmark Pond. Sitzmark Pond is located at the NE1/4 SW1/4 of Section 2S,

Township 1 South, Range 75 West of the Sixth Principal Meridian 1900 feet from the south section line and 2100 feet from the west

section line. Sitzmark Pond No. 1 is an off-channel reservoir fed by Sitzmark Ditch No. 1 with a capacity and diversion rate of 1.0

c.f.s. whose headgate is located in the NE1/4 SW1/4, Section 28, Township 1 South, Range 75 West of the 6th Principal Meridian,

1700 feet from south section line and 2150 feet from the west section line. iii. Winter Park Water and Sanitation District at: a.Jim

Creek Bypass/Pipeline. A Point of Diversion located on the East Canal being part of the Denver Water Moffat System, the location of

which is in the SW 1/4 of Suspended Section 11, T2S, R75W of the 6th P.M., Town of Winter Park, County of Grand, State of

Colorado, more particularly described as follows: Beginning at Corner No. 3 of Exchange Survey No. 367, whence Corner No. 13 of

Exchange Survey No. 367 bears South 13°14’44” East, said line forming the basis of bearing for this legal description; Thence North

83°18’ West a distance of 867.8 feet more or less to said Point of Diversion. b. Winter Park Water System. The decreed location:

There are no section lines established. The point of diversion is the Fraser River upstream of its confluence with Jim

MAY 2013 RESUME


Creek, near a point the location of which is in the SW1/4 of suspended Sec. 11, T2S, R75W, 6th P.M., Grand County,

Colorado, more particularly described as follows: Beginning at Corner No. 10, ES 367, thence S. 62º02’ E, a distance of

660.0 feet. The basis for bearings is the line between Corner Nos. 10 and 14, ES 367, which has a record bearing of

S.66º12” E. Street Address: 210 Alpenglow Way, Winter Park, Colorado 80482. c. Winter Park Reservoir No. 1. The

source of the water is Jim Creek, tributary to the Fraser River. The point of storage is on a parcel of land in T2S, R75W,

6th P.M., in unsurveyed portion of Arapahoe National Forest, Grand County, Colorado, described as follows: Commencing

at SW corner, Sec. 35, T1S, R75W, 6th

P.M. thence East along Township line 1,725 feet; thence S. 8,850 feet to point of

beginning; then E. 2,400 feet; thence S. 1,400; thence W. 2,400; thence N. 1,400 feet to point of beginning. d. Jim Creek

Ditch. Legal Description of the point of diversion: Tract 44A, Township 2 South, Range 75 West, 6th P.M. beginning at

southwest Corner of said Tract 44A, thence N 33º08’18” W 1,240 feet to a point on Jim Creek. The point of diversion can

also be described as being at a point in the SW1/4NW1/4, Section 14, T2S, R75W, 6th P.M., 3,900 feet from the South

Section line and 4,050 feet from the East Section line. e. Winter Park Water & Sanitation District Pipelines No. 2 and 3.

Legal description of each point of diversion: 1. Pipeline No. 2: Proposed point of diversion on Fraser River near Moffat

Tunnel on property owned by Winter Park Recreational Association: Located on the west bank of the Fra ser River, near

the Moffat Tunnel and just south of the train trestle, in the SE1/4NE1/4 unsurveyed Section 10, Township 2 South, Range

75 West, 6th P.M. at a point approximately 7,880 feet south of the south section line of S34 T1S R75W of the 6th P.M.,

and approximately 3,890 ft east of a line extended south from the west section line of S34 T1S R75W of the 6th P.M. 2.

Pipeline No. 3: Proposed point of diversion on Fraser River above Cooper Creek: Located on the west bank of the Fraser

River, just upstream of Cooper Creek, in the SE1/4SW1/4 unsurveyed Section 3, Township 2 South, Range 75 West, 6th

P.M. at a point approximately 4,530 feet south of the south section line of S34 T1S R75W of the 6th P.M., and 1,890 ft

east of a line extended south from the west section line of S34 T1S R75W of the 6th P.M.f.Winter Park Water &

Sanitation District Water Storage Reservoir No. 2. Legal description of each point of diversion: 1. Said Reservoir may be

filled by treated wastewater releases from Applicant’s treatment plant which in turn result from the diversion of water from

its domestic water system as follows: The point of diversion is the Fraser River upstream of its confluence with Jim

Creek, near a point the location of which is in the SW1/4 of suspended Section 11, Township 2 South, Range 75 West, 6th

P.M., Grand County, Colorado, more particularly described as follows: Beginning at Corner No. 10, ES367, Thence South

62°02' East a distance of 660.0 feet. The basis for bearings is the line between Corner Nos. 10 and 14, ES 367, which has a

record bearing of South 66°12' East. 2. The Fraser River upstream of its confluence with Cooper Creek, downstream of the

Winter Park Water and Sanitation District sewage treatment plant aerated lagoon discharge, near a point the location of

which is in the SW1/4 of suspended Section 3, Township 2 South, Range 75 West, 6th P.M., Grand County, Colorado,

more particularly described as follows: Beginning at Corner No. 1, HES 117, thence North 45°15' West a dis tance of

1,073.0 feet. The basis for bearings is the line between Corner Nos. 1 and 2, HES 117, which has a record bearing of

North 90° East. 3. Cooper Creek upstream of its confluence with the Fraser River in unsurveyed or suspended Section 3,

Township 2 South, Range 75 West, 6th P.M. at a point 5,100 feet from South line of Section 34, Township 1 South, Range

75 West, 6th P.M. and 1,800 feet from a line extended due South from the West Section line of Section 34, Township 1

South, Range 75 West, 6th P.M. iv. a. Gaskill Ditch. On the East bank of St. Louis Creek at a point whence the Southwest

Corner of Section 25, Township 1 South, Range 76 West of the 6th PM, bears South 27° 19’ 30” West 3,896.2 feet as

described in Case Nos. W-2779 and W-2280. b. Fraser Well No. 1. From the Fraser River in the SE ¼ NE ¼ Section 19

Township 1 South, Range 75 West of the 6th P.M. at a point 1,550 feet South of the North line and 450 feet West of the

East line as described in Case No. 82CW219.c. Fraser Well No. 2. From the Fraser River in the NE ¼ NE ¼ Section

19Township 1 South, Range 75 West of the 6th P.M. at a point 950 feet South of the North line and 325 feet West of the

East line as described in Case No. 82CW219. d. Fraser Well No. 4. From the Fraser River in the NE ¼ NE ¼ Section 19

Township 1 South, Range 75 West of the 6th P.M. at a point 475 feet South of the North line and 375 feet West of the East

line as described in Case No. 82CW219. e. Fraser Well No. 5. From the Fraser River in the NE ¼ NE ¼ Section 19 Township 1

South, Range 75 West of the 6th P.M. at a point 50 feet South of the North line and 475 feet West of the East line as described in Case No.

82CW219. f. Elk Creek Ditch No. 2. From Elk Creek in the NW ¼ NW ¼ Section 29 Township 1 South, Range 75 West of the 6th P.M.

at a point 979 feet from the North line and 4,473 feet from the East line as described in Cases Nos. CA-407 and 83CW362. v. Town of

Granby at: a. The Town of Granby Water System: From the Fraser River immediately below the Hi-Way 40 Bridge, decreed at a point

whence the SW cor. Sec. 32, Twp. 2N., R.76W 6th P.M. bears North 82° 13’ West 1571 feet. b. Val Moritz Well No. 1: From the Fraser

River in the NE1/4 NW1/4 of Section 1, Township 1 North, Range 76 West of the 6th P.M., 1,219 feet from the North section line and

2,219 from the West section line of said Section 1. c. Val Moritz Well No. 2: From the Fraser River located in the SW1/4 NE1/4 of

Section 6, Township 1 North, Range 76 West of the 6th P.M. at a point 1,400 feet South of the North line and 1,900 feet West of the East

line of said Section 6. d. Val Moritz Well No. 3: From the Fraser River in the SE1/4 NE1/4 of Section 1, Township 1 North, Range 76

West of the 6th P.M., 1,584 feet from the North section line and 1,186 feet from the East section line of said Section 1. e. Val Moritz Well

No. 4: From the Fraser River in the SE1/4 NE1/4 of Section 1, Township 1 North, Range 76 West of the 6th

P.M., 1,835 feet from the

North section line and 469 feet from the East section line of said Section 1. f. Silver Creek Municipal Well No. 5: From the Fraser River in

the SW¼ NW¼ of Section 4, Township 1 North, Range 76 West of the 6th P.M. at a point 2,590 feet from the south line and 300 feet from

MAY 2013 RESUME


the west line of said Section 4.g. Silver Creek Municipal Well No. 6: From the Fraser River in the NW¼ SW¼ of Section 4, Township 1

North, Range 76 West of the 6th P.M. at a point 2,260 feet from the south line and 890 feet from the west line of said Section 4. h. Silver

Creek Municipal Well No. 7: From the Fraser River in the NE¼ SW¼ of Section 4, Township 1 North, Range 76 West of the 6th P.M.

at a point 1,780 feet from the south line and 1,760 feet from the west line of said Section 4. i. Silver Creek Municipal Well No. 8:

From the Fraser River in the NW¼ SE¼ of Section 4, Township 1 North, Range 76 West of the 6th P.M. at a point 1,260 feet from the

south line and 2,290 feet from the east line of said Section 4. j. Silver Creek Municipal Well No. 9: From the Fraser River in the SW¼

SE¼ of Section 4, Township 1 North, Range 76 West of the 6th P.M. at a point 870 feet from the south line and 1,440 feet from the east

line of said Section 4. k. Silver Creek Municipal Well No. 10: From the Fraser River in the SE¼ SE¼ of Section 4, Township 1

North, Range 76 West of the 6th P.M. at a point 340 feet from the south line and 700 feet from the east line of said Section 4. 43.

Remarks: A. Any water delivered under the water rights in this application for their intended beneficial uses, reuse or successive use

shall be shepherded by the state water officials past intervening water rights without diversion or exchange consistent with the

intended beneficial uses. B. Nothing in this application shall provide for or be construed to create any right to utilize land or structures

owned or controlled by Denver Water other than Denver Water for the diversion, carriage or storage of water. Use of any of the

Denver Water owned structures identified in the Sixth Claim must be approved in the Amended Grand County Water Users’

Operating Plan or by separate agreement. Absent that approval no person, entity or party may utilize those structures.






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